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

Selection of Architect/Construction Drawings. Subject to Landlord’s approval, which approval shall not be unreasonably withheld, Tenant shall select and retain an architect/space planner (the “Architect”) to prepare the “Construction Drawings”, as that term is defined in this Section 2.1. Subject to Landlord’s reasonable approval, which approval will not be unreasonably withheld, Tenant or the Architect shall retain structural, mechanical and electrical engineering consultants (collectively, the “Engineers”) to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing, HVAC, lifesafety, and sprinkler work in the Expansion Space which are part of the Tenant Improvements, and including the work required to prepare the roof to accommodate the new HVAC equipment. The plans and drawings to be prepared by Architect and the Engineers hereunder, including specifications for the Tenant Improvements, shall be known collectively as the “Construction Drawings”. All Construction Drawings shall be subject to Landlord’s reasonable approval; provided, however, Landlord shall only disapprove any such Construction Drawing to the extent of a “Design Problem”, as that term is defined below. Tenant and Architect shall verify, in the field, the dimensions and conditions as shown on the relevant portions of the final Construction Drawings, 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 as set forth in this Section 2, 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, compliance with applicable laws, ordinances, regulations or other like matters. Accordingly, notwithstanding that any Construction Drawings are reviewed or approved by Landlord or its space planner, architect, engineers and consultants, and notwithstanding any advice or assistance which may be rendered to Tenant by Landlord or Landlord’s space planner, architect, engineers, and consultants, Landlord shall have no liability whatsoever in connection therewith and shall not be responsible for any omissions or errors contained in the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply to the Construction Drawings. A “Design Problem” is defined as, and shall be deemed to exist if the Tenant Improvements shown on the Construction Drawings (i) would have an impact on the exterior appearance of the Building, (ii) would have a material, adverse effect on the structure of the Building, (iii) would have a material adverse effect on the systems (HVAC, electrical, plumbing, lifesafety, etc.) of the Building, or the operation and maintenance thereof, or (iv) fail to comply with applicable laws, ordinances or regulations.

Appears in 3 contracts

Samples: Lease (Repligen Corp), Lease (Repligen Corp), Lease (Repligen Corp)

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Selection of Architect/Construction Drawings. Subject to Landlord’s approval, which approval shall not be unreasonably withheld, Tenant shall select and retain an the architect/space planner (the “Architect”) to prepare the “Construction Drawings”, as that term is defined in this Section 2.1. Subject to approved by Landlord’s reasonable approval, which approval will shall not be unreasonably withheld, to prepare the Construction Drawings. Tenant or the Architect shall retain structural, mechanical and electrical the engineering consultants designated by Landlord (collectively, the “Engineers”) to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing, HVAC, lifesafety, and sprinkler work in the Expansion Space which are part of the Tenant Improvements, and including the work required to prepare the roof to accommodate the new HVAC equipmentPremises. The plans and drawings to be prepared by Architect and the Engineers hereunder, including specifications for the Tenant Improvements, hereunder shall be known collectively as the “Construction Drawings”. .” All Construction Drawings shall comply with the drawing format and specifications reasonably determined by Landlord, and shall be subject to Landlord’s reasonable approval; provided, however, Landlord shall only disapprove any such Construction Drawing to the extent of a “Design Problem”, as that term is defined below. Tenant and Architect shall verify, in the field, the dimensions and conditions as shown on the relevant portions of the final 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 as set forth in this Section 23, 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, ordinances, regulations or other like matters. Accordingly, notwithstanding that any Construction Drawings are reviewed or approved by Landlord or its space planner, architect, engineers and consultants, and notwithstanding any advice or assistance which may be rendered to Tenant by Landlord or Landlord’s space planner, architect, engineers, and consultants, Landlord shall have no liability whatsoever in connection therewith and shall not be responsible for any omissions or errors contained in the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply to the Construction Drawings. A “Design Problem” is defined as, and shall be deemed to exist if the Tenant Improvements shown on the Construction Drawings (i) would have an impact on the exterior appearance of the Building, (ii) would have a material, adverse effect on the structure of the Building, (iii) would have a material adverse effect on the systems (HVAC, electrical, plumbing, lifesafety, etc.) of the Building, or the operation and maintenance thereof, or (iv) fail to comply with applicable laws, ordinances or regulations.

Appears in 3 contracts

Samples: Office Lease (Active Network Inc), Office Lease (PDF Solutions Inc), Lease Agreement (Biotime Inc)

Selection of Architect/Construction Drawings. Subject to Landlord’s approval, which approval shall not be unreasonably withheld, Tenant shall select and retain an architect/space planner approved in writing, in advance by Landlord, such approval not to be unreasonably withheld (the “Architect”) to prepare the Construction Drawings”, as that term is defined in this Section 2.1. Subject to Landlord’s reasonable approval, which approval will not be unreasonably withheld, Tenant or the Architect shall retain structural, mechanical and electrical the engineering consultants designated by Landlord listed below (collectively, 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, mechanicalsprinkler and riser work: MEP: AWA Air Balancing: Acco Life Safety: Red Hawk Structural: Xxxxxx Consulting Group, electrical, plumbing, HVAC, lifesafety, and sprinkler work in the Expansion Space which are part of the Tenant Improvements, and including the work required to prepare the roof to accommodate the new HVAC equipment. Inc. Sprinkler Ayoob Mechanical Riser Management: IMG Technologies The plans and drawings to be prepared by Architect arid the Building Consultants hereunder (i.e., both the Space Plan and the Engineers hereunderWorking Drawings, including specifications for the Tenant Improvements, 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 determined or approved by Landlord and shall be subject to Landlord’s reasonable prior written approval; provided, howevernot to be unreasonably withheld, Landlord shall only disapprove any such Construction Drawing to the extent of conditioned or delayed. All MEP drawings must be fully engineered and cannot be prepared on a “Design Problem”, as that term is defined below. Tenant and Architect shall verify, in the field, the dimensions and conditions as shown on the relevant portions of the final Construction Drawings, and Tenant and Architect shall be solely responsible for the same, and Landlord shall have no responsibility in connection therewithdesign-build” basis. Landlord’s review of the Construction Drawings as set forth in this Section 2, 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, ordinances, regulations or other like matters. Accordingly, notwithstanding that any Construction Drawings are reviewed or approved by Landlord or its space planner, architect, engineers and consultants, and notwithstanding any advice or assistance which may be rendered to Tenant by Landlord or Landlord’s space planner, architect, engineers, and consultants, Landlord shall have no liability whatsoever in connection therewith and shall not be responsible for any omissions or errors contained in the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply to the Construction Drawings. A “Design Problem” is defined as, and shall be deemed to exist if the Tenant Improvements shown on the Construction Drawings (i) would have an impact on the exterior appearance of the Building, (ii) would have a material, adverse effect on the structure of the Building, (iii) would have a material adverse effect on the systems (HVAC, electrical, plumbing, lifesafety, etc.) of the Building, or the operation and maintenance thereof, or (iv) fail to comply with applicable laws, ordinances or regulations.

Appears in 2 contracts

Samples: Office Lease Agreement (ForgeRock, Inc.), Office Lease Agreement (ForgeRock, Inc.)

Selection of Architect/Construction Drawings. Subject Tenant shall retain an architect/space planner, subject to Landlord’s prior approval, which approval shall not be unreasonably withheld, Tenant shall select and retain an architect/space planner withheld or delayed (the “Architect”) to prepare the “Construction Drawings”, ,” as that term is defined in this Section 2.13.1. Subject to Landlord’s reasonable approval, which approval will not be unreasonably withheld, Tenant or the Architect shall retain structural, mechanical and electrical the engineering consultants designated by Landlord (collectively, the “Engineers”) [PLEASE PROVIDE THIS LIST NOW] to prepare all plans and engineering working -working drawings relating to the structural, mechanical, electrical, plumbing, HVAC, lifesafety, and sprinkler work in the Expansion Space which are part of the Tenant Improvements, and including the work required to prepare the roof to accommodate the new HVAC equipment. The plans and drawings to be prepared by Architect and the Engineers hereunder, including specifications for the Tenant Improvements, 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 reasonable approval; provided, however, Landlord shall only disapprove any such Construction Drawing to the extent of a “Design Problem”, as that term is defined below. Tenant and Architect shall verify, in the field, the dimensions and conditions as shown on the relevant portions of the final 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 as set forth in this Section 23, 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, ordinances, regulations or other like matters. Accordingly, notwithstanding that any Construction Drawings are reviewed or approved by Landlord or its space planner, architect, engineers and consultants, and notwithstanding any advice or assistance which may be rendered to Tenant by Landlord or Landlord’s space planner, architect, engineers, and consultants, Landlord shall have no liability whatsoever in connection therewith and shall not be responsible for any omissions or errors contained in the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply to the Construction Drawings. A “Design Problem” is defined as, and shall be deemed to exist if the Tenant Improvements shown on the Construction Drawings (i) would have an impact on the exterior appearance of the Building, (ii) would have a material, adverse effect on the structure of the Building, (iii) would have a material adverse effect on the systems (HVAC, electrical, plumbing, lifesafety, etc.) of the Building, or the operation and maintenance thereof, or (iv) fail to comply with applicable laws, ordinances or regulations.

Appears in 2 contracts

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

Selection of Architect/Construction Drawings. Subject to Landlord’s approval, which approval shall not be unreasonably withheld, Tenant shall select and retain an -------------------------------------------- Gensler as the architect/space planner (the "Architect") to prepare the "Construction Drawings", as that term is defined in this Section 2.13.1. Subject to Landlord’s reasonable approval, which approval will not be unreasonably withheld, Tenant or the Architect shall retain structural, mechanical and electrical Landlord's engineering consultants (collectively, the "Engineers") to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing, HVAC, lifesafety, and sprinkler work in the Expansion Space Premises, which are work is not part of the Tenant ImprovementsBase, Shell and including Core work. The fees changed by the Engineers shall be comparable to the fees charged by comparable engineers performing comparable work required to prepare in the roof to accommodate the new HVAC equipmentComparable Buildings. The plans and drawings to be prepared by Architect and the Engineers hereunder, including specifications for the Tenant Improvements, hereunder shall be known collectively as the "Construction Drawings”. ." All Construction Drawings shall be subject to comply with Landlord’s reasonable approval; provided, however, Landlord shall only disapprove any such Construction Drawing to the extent of a “Design Problem”, as that term is defined below. Tenant 's drawing format and Architect shall verify, in the field, the dimensions and conditions as shown on the relevant portions of the final Construction Drawings, and Tenant and Architect shall be solely responsible for the same, and Landlord shall have no responsibility in connection therewithspecifications. Landlord’s 's review of the Construction Drawings as set forth in this Section 23, 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 with applicable laws, ordinances, regulations or other like matters. Accordingly, notwithstanding that any Construction Drawings are reviewed or approved by Landlord or its space planner, architect, engineers and consultants, and notwithstanding any advice or assistance which may be rendered to Tenant by Landlord or Landlord’s 's space planner, architect, engineers, and consultants, Landlord shall have no liability whatsoever in connection therewith and shall not be responsible for any omissions or errors contained in the Construction Drawings, and Tenant’s 's waiver and indemnity set forth in Section 10.1 of this Lease shall specifically apply to the Construction Drawings. A “Design Problem” is defined asFurthermore, Tenant and Architect shall be deemed to exist if verify, in the Tenant Improvements field, the dimensions and conditions as shown on the Construction Drawings (i) would have an impact on the exterior appearance relevant portions of the BuildingPlans, (ii) would and Tenant and Architect shall be solely responsible for the same, and Landlord shall have a material, adverse effect on the structure of the Building, (iii) would have a material adverse effect on the systems (HVAC, electrical, plumbing, lifesafety, etcno responsibility in connection therewith.) of the Building, or the operation and maintenance thereof, or (iv) fail to comply with applicable laws, ordinances or regulations.

Appears in 2 contracts

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

Selection of Architect/Construction Drawings. Subject to Landlord’s approval, which approval shall not be unreasonably withheld, delayed, 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 2.13.1; provided, however, Landlord hereby pre-approves Txxx Xxxxxxx. Subject to Landlord’s reasonable approval, which approval will not be unreasonably withheld, Tenant or the Architect shall retain (A) the structural, mechanical and electrical engineering consultants of its choice, subject to reasonable approval by Landlord (collectivelywhich 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 Tenant (the “Engineers”) to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing, HVAC, lifesafety, and sprinkler work in the 6310 Expansion Space Premises, which are work is not part of the Tenant Improvements, and including the work required to prepare the roof to accommodate the new HVAC equipmentBase Building. The plans and drawings to be prepared by Architect and the Engineers hereunder, including specifications for the Tenant Improvements, hereunder shall be known collectively as the “Construction Drawings”. .” All Construction Drawings shall comply with the drawing format and specifications reasonably determined by Landlord, and shall be subject to Landlord’s reasonable approval; provided, however, Landlord shall only disapprove any such Construction Drawing to the extent of a “Design Problem”, ,” as that term is defined below. Tenant and Architect shall verify, in the field, the dimensions and conditions as shown on the relevant portions of the final 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 as set forth in this Section 23, 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, ordinances, regulations or other like matters. Accordingly, notwithstanding that any Construction Drawings are reviewed or approved by Landlord or its space planner, architect, engineers and consultants, and notwithstanding any advice or assistance which may be rendered to Tenant by Landlord or Landlord’s space planner, architect, engineers, and consultants, Landlord shall have no liability whatsoever in connection therewith and shall not be responsible for any omissions or errors contained in the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply to the Construction Drawings. A “Design Problem” is defined as, and shall be deemed to exist if the Tenant Improvements shown on the Construction Drawings there could be (i) would have an impact effect on the exterior appearance of the 6310 Building, (ii) would have a material, an adverse effect on the structure of Base Building (including without limitation the BuildingBuilding Structure), (iii) would have a material an adverse effect on the systems (HVAC, electrical, plumbing, lifesafety, etc.) of the Building, Building Systems or the operation and maintenance thereof, or (iv) fail any failure to comply with applicable lawsApplicable Laws or Code. Notwithstanding anything to the contrary contained herein, ordinances or regulationsLandlord acknowledges that Tenant’s security systems are fundamental to its business operations in the 6310 Expansion 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 6310 Expansion 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)

Selection of Architect/Construction Drawings. Subject to Tenant shall retain an architect/space planner approved by Landlord’s approval, which approval shall not be unreasonably withheld, Tenant shall select and retain an architect/space planner withheld or delayed (the “Architect”) to prepare the “Construction Drawings”, ,” as that term is defined in this Section 2.12. Subject to Landlord’s reasonable approval, which approval will not be unreasonably withheld, Tenant or the Architect shall retain structural, mechanical and electrical the engineering consultants approved by Landlord (collectively, 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, HVAC, lifesafety, and sprinkler work in the Expansion Space which are Premises as part of the Tenant Improvements, and including the work required to prepare the roof to accommodate the new HVAC equipment. The plans and drawings to be prepared by Architect and the Engineers hereunder, including specifications for the Tenant Improvements, hereunder shall be known collectively as the “Construction Drawings”. .” All Construction Drawings shall comply at a minimum with Landlord’s Specifications and shall be subject in a drawing format reasonably acceptable to Landlord’s reasonable approval; provided, however, Landlord shall only disapprove any such Construction Drawing to the extent of a “Design Problem”, as that term is defined below. Tenant and Architect shall verify, in the field, the dimensions and conditions as shown on the relevant portions of the final Construction Drawings, 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 as set forth in this Section 2, 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, ordinances, regulations or other like matters. Accordingly, notwithstanding that any Construction Drawings are reviewed or approved by Landlord or its space planner, architect, engineers and consultants, and notwithstanding any advice or assistance which may be rendered to Tenant by Landlord or Landlord’s space planner, architect, engineers, and consultants, Landlord shall have no liability whatsoever in connection therewith 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 the Construction Drawings, and Tenant’s waiver and indemnity set forth in this the Lease shall specifically apply to the Construction Drawings. A “Design Problem” Each time Landlord is defined asgranted the right to review, and shall be deemed to exist if the Tenant Improvements shown on consent or approve the Construction Drawings or any component thereof (i) would have an impact on collectively, “Consent”), such Consent shall not be unreasonably withheld, conditioned or delayed. For purposes of this agreement, Landlord consents to the exterior appearance selection and use of Interior Architects (IA), and Acies Engineering as acceptable Architects and Engineers for preparing drawings Tenants Construction Drawings. Landlord shall not charge any review or supervisory fees related to the Building, (ii) would have a material, adverse effect on the structure design or construction of the Building, (iii) would have a material adverse effect on the systems (HVAC, electrical, plumbing, lifesafety, etcTenant Improvements.) of the Building, or the operation and maintenance thereof, or (iv) fail to comply with applicable laws, ordinances or regulations.

Appears in 1 contract

Samples: Lease (Callidus Software Inc)

Selection of Architect/Construction Drawings. Subject to Landlord’s 's approval, which approval shall not be unreasonably withheld, delayed, 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 2.13.1; provided, however, Landlord herby pre-approves idstudios, Inc. as space planner. Subject to Landlord’s reasonable approval, which approval will not be unreasonably withheld, Tenant or the Architect shall retain structural, mechanical and electrical engineering consultants reasonably approved by Landlord (collectively, the "Engineers") to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing, HVAC, lifesafety, and sprinkler work in the Expansion Space which are part of the Tenant Improvements, and including the work required to prepare the roof to accommodate the new HVAC equipmentPremises. The plans and drawings to be prepared by Architect and the Engineers hereunder, including specifications for the Tenant Improvements, hereunder shall be known collectively as the "Construction Drawings”. ." All Construction Drawings shall comply with the drawing format 712812.03/WLA 214064-00120/9-26-13/gjn/gjn -4- 0000 XXXXXXXX XXXXX, XXX XXXXX [Second Amendment/Substitute Premises Amendment] [Entropic Communications, Inc.] and specifications determined by Landlord, and shall be subject to Landlord’s reasonable 's approval; provided, however, Landlord shall only disapprove any such Construction Drawing to the extent of a "Design Problem”, ," as that term is defined below. Tenant and Architect shall verify, in the field, the dimensions and conditions as shown on the relevant portions Landlord expressed no objection to its former tenant's delivery of a copy of certain "as-built" drawings of the final Construction Drawings, and Tenant and Architect shall be solely responsible for 6350 Building to Tenant. Landlord makes no representation as to the same, and Landlord shall have no responsibility in connection therewithaccuracy of any "as built" drawings pertaining to the 6350 Building. Landlord’s 's review of the Construction Drawings as set forth in this Section 23, 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 with applicable laws, ordinances, regulations or other like matters. Accordingly, notwithstanding that any Construction Drawings are reviewed or approved by Landlord or its space planner, architect, engineers and consultants, and notwithstanding any advice or assistance which may be rendered to Tenant by Landlord or Landlord’s 's space planner, architect, engineers, and consultants, Landlord shall have no liability whatsoever in connection therewith and shall not be responsible for any omissions or errors contained in the Construction Drawings, and Tenant’s 's waiver and indemnity set forth in this Lease shall specifically apply to the Construction Drawings. A "Design Problem" is defined as, and shall be deemed to exist if the Tenant Improvements shown on the Construction Drawings there could be (i) would have an impact effect on the exterior appearance of the 6350 Building, (ii) would have a material, adverse effect affect on the structure Base Building portions of the Premises or 6350 Building (including without limitation the Building Structure located in the 6350 Building), (iii) would have a material adverse effect affect on the systems (HVAC, electrical, plumbing, lifesafety, etc.) of Building Systems located in the Building, 6350 Building or the operation and maintenance thereof, or (iv) fail any failure to comply with applicable lawsApplicable Laws (other than pre-existing failures to so comply to the extent the same are Landlord's obligations pursuant to the express terms and conditions of the Second Amendment). Notwithstanding anything to the contrary contained herein, ordinances or regulationsLandlord 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.

Appears in 1 contract

Samples: Office Lease (Entropic Communications Inc)

Selection of Architect/Construction Drawings. Subject to Landlord’s approval, which approval shall not be unreasonably withheld, delayed, 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 2.13.1; provided, however, Landlord hereby pre-approves Tony Xxxxxxx. Subject to Landlord’s reasonable approval, which approval will not be unreasonably withheld, Tenant or the Architect Xxnant shall retain (A) the structural, mechanical and electrical engineering consultants of its choice, subject to reasonable approval by Landlord (collectivelywhich 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 Tenant (the “Engineers”) to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing, HVAC, lifesafety, and sprinkler work in for the Expansion Space Improvements, which are work is not part of the Tenant Improvements, and including the work required to prepare the roof to accommodate the new HVAC equipmentBase Building. The plans and drawings to be prepared by Architect and the Engineers hereunder, including specifications for the Tenant Improvements, hereunder shall be known collectively as the “Construction Drawings”. .” All Construction Drawings shall comply with the drawing format and specifications reasonably determined by Landlord, and shall be subject to Landlord’s reasonable approval; provided, however, Landlord shall only disapprove any such Construction Drawing to the extent of a “Design Problem”, ,” as that term is defined below. Tenant and Architect shall verify, in the field, the dimensions and conditions as shown on the relevant portions of the final 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 as set forth in this Section 23, 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, ordinances, regulations or other like matters. Accordingly, notwithstanding that any Construction Drawings are reviewed or approved by Landlord or its space planner, architect, engineers and consultants, and notwithstanding any advice or assistance which may be rendered to Tenant by Landlord or Landlord’s space planner, architect, engineers, and consultants, Landlord shall have no liability whatsoever in connection therewith and shall not be responsible for any omissions or errors contained in the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply to the Construction Drawings. A “Design Problem” is defined as, and shall be deemed to exist if the Tenant Improvements shown on the Construction Drawings there could be (i) would have an impact effect on the exterior appearance of the BuildingProject, (ii) would have a material, an adverse effect on the structure of Base Building (including without limitation the BuildingBuilding Structure), (iii) would have a material an adverse effect on the systems (HVAC, electrical, plumbing, lifesafety, etc.) of the Building, Building Systems or the operation and maintenance thereof, or (iv) fail any failure to comply with applicable lawsApplicable Laws or Code. Notwithstanding anything to the contrary contained herein, ordinances or regulationsLandlord 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. Subject to Landlord’s 's approval, which approval shall not be unreasonably withheld, delayed, 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 2.13.1; provided, however, Landlord herby pre-approves CarrierJohnson as space planner. Subject to Landlord’s reasonable approval, which approval will not be unreasonably withheld, Tenant or the Architect shall retain structural, mechanical and electrical engineering consultants reasonably approved by Landlord (collectively, the "Engineers") to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing, HVAC, lifesafety, and sprinkler work in the Expansion Space which are part of the Tenant Improvements, and including the work required to prepare the roof to accommodate the new HVAC equipmentPremises. The plans and drawings to be prepared by Architect and the Engineers hereunder, including specifications for the Tenant Improvements, hereunder shall be known collectively as the "Construction Drawings”. ." All Construction Drawings shall comply with the drawing format and specifications determined by Landlord, and shall be subject to Landlord’s reasonable 's approval; provided, however, Landlord shall only disapprove any such Construction Drawing to the extent of a "Design Problem”, ," as that term is defined below. Tenant Landlord, at Landlord's sole cost and Architect shall verifyexpense, is currently in the field, the dimensions and conditions as shown on the relevant portions process of having CarrierJohnson prepare "as-built" drawings of the final Construction Drawings, and Tenant and Architect shall be solely responsible for 6260 Building as it currently exists as of the samedate of this Amendment, and Landlord shall have arrange for the CarrierJohnson to deliver such "as-built" drawings pertaining to the 6260 Building to the Tenant as soon as reasonably possible following the completion of the same by CarrierJohnson. Landlord makes no responsibility in connection therewithrepresentation as to the accuracy of such "as built" drawings pertaining to the 6260 Building, and EXHIBIT B Landlord hereby assigns to Tenant all warranties and guaranties by CarrierJohnson relating thereto. Landlord’s 's review of the Construction Drawings as set forth in this Section 23, 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 with applicable laws, ordinances, regulations or other like matters. Accordingly, notwithstanding that any Construction Drawings are reviewed or approved by Landlord or its space planner, architect, engineers and consultants, and notwithstanding any advice or assistance which may be rendered to Tenant by Landlord or Landlord’s 's space planner, architect, engineers, and consultants, Landlord shall have no liability whatsoever in connection therewith and shall not be responsible for any omissions or errors contained in the Construction Drawings, and Tenant’s 's waiver and indemnity set forth in this Lease shall specifically apply to the Construction Drawings. A "Design Problem" is defined as, and shall be deemed to exist if the Tenant Improvements shown on the Construction Drawings there could be (i) would have an impact effect on the exterior appearance of the 6260 Building, (ii) would have a material, adverse effect affect on the structure Base Building portions of the Premises or 6260 Building (including without limitation the Building Structure located in the 6260 Building), (iii) would have a material adverse effect affect on the systems (HVAC, electrical, plumbing, lifesafety, etc.) of Building Systems located in the Building, 6260 Building or the operation and maintenance thereof, or (iv) fail any failure to comply with applicable lawsApplicable Laws (other than pre-existing failures to so comply to the extent the same are Landlord's obligations pursuant to the express terms and conditions of the Second Amendment). Notwithstanding anything to the contrary contained herein, ordinances or regulationsLandlord 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.

Appears in 1 contract

Samples: Office Lease (Entropic Communications Inc)

Selection of Architect/Construction Drawings. Subject to Landlord’s approval, which approval shall not be unreasonably withheld, delayed, 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 2.13.1; provided, however, Landlord hereby pre-approves Tony Xxxxxxx. Subject to Landlord’s reasonable approval, which approval will not be unreasonably withheld, Tenant or the Architect Xxnant shall retain (A) the structural, mechanical and electrical engineering consultants of its choice, subject to reasonable approval by Landlord (collectivelywhich 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 Tenant (the “Engineers”) to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing, HVAC, lifesafety, and sprinkler work in the 6310 Expansion Space Premises, which are work is not part of the Tenant Improvements, and including the work required to prepare the roof to accommodate the new HVAC equipmentBase Building. The plans and drawings to be prepared by Architect and the Engineers hereunder, including specifications for the Tenant Improvements, hereunder shall be known collectively as the “Construction Drawings”. .” All Construction Drawings shall comply with the drawing format and specifications reasonably determined by Landlord, and shall be subject to Landlord’s reasonable approval; provided, however, Landlord shall only disapprove any such Construction Drawing to the extent of a “Design Problem”, ,” as that term is defined below. Tenant and Architect shall verify, in the field, the dimensions and conditions as shown on the relevant portions of the final 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 as set forth in this Section 23, 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, ordinances, regulations or other like matters. Accordingly, notwithstanding that any Construction Drawings are reviewed or approved by Landlord or its space planner, architect, engineers and consultants, and notwithstanding any advice or assistance which may be rendered to Tenant by Landlord or Landlord’s space planner, architect, engineers, and consultants, Landlord shall have no liability whatsoever in connection therewith and shall not be responsible for any omissions or errors contained in the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply to the Construction Drawings. A “Design Problem” is defined as, and shall be deemed to exist if the Tenant Improvements shown on the Construction Drawings there could be (i) would have an impact effect on the exterior appearance of the 6310 Building, (ii) would have a material, an adverse effect on the structure of Base Building (including without limitation the BuildingBuilding Structure), (iii) would have a material an adverse effect on the systems (HVAC, electrical, plumbing, lifesafety, etc.) of the Building, Building Systems or the operation and maintenance thereof, or (iv) fail any failure to comply with applicable lawsApplicable Laws or Code. Notwithstanding anything to the contrary contained herein, ordinances or regulationsLandlord acknowledges that Tenant’s security systems are fundamental to its business operations in the 6310 Expansion 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 6310 Expansion 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)

Selection of Architect/Construction Drawings. Subject to Tenant shall retain an architect (the "Architect") selected by Tenant and approved by Landlord’s approval, which approval shall not be unreasonably withheld, Tenant shall select and retain an architect/space planner (the “Architect”) conditioned or delayed, to prepare the Construction Drawings. Tenant shall retain the engineering consultants, as that term is defined in this Section 2.1. Subject to Landlord’s reasonable approval, which approval will not be unreasonably withheld, Tenant or reasonably approved by Landlord (the Architect shall retain structural, mechanical and electrical engineering consultants (collectively, the “"Engineers") to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing, HVAC, lifesafetylife-safety, and sprinkler work in the Expansion Space which are Premises, to the extent such work is not part of the Tenant Improvements, and including the Landlord's work required pursuant to prepare the roof to accommodate the new HVAC equipmentSection 1 above. The plans and drawings to be prepared by Architect and the Engineers hereunder, including specifications for the Tenant Improvements, hereunder shall be known collectively as the "Construction Drawings”. ." All Construction Drawings shall comply with the drawing format and specifications reasonably determined by Landlord, and shall be subject to Landlord’s 's reasonable approval; provided, however, Landlord shall only disapprove any such Construction Drawing to the extent of a “Design Problem”, as that term is defined below. Tenant and Architect shall verify, in the field, the dimensions and conditions as shown on the relevant portions of the final 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 's review of the Construction Drawings as set forth in this Section 23, 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 with applicable laws, ordinances, regulations or other like matters. Accordingly, notwithstanding that any Construction Drawings are reviewed or approved by Landlord or its space planner, architect, engineers and consultants, and notwithstanding any advice or assistance which may be rendered to Tenant by Landlord or Landlord’s 's space planner, architect, engineers, and consultants, Landlord shall have no liability whatsoever in connection therewith and shall not be responsible for any omissions or errors contained in the Construction Drawings, and Tenant’s 's waiver and indemnity set forth in this Lease shall specifically apply to the Construction Drawings. A “Design Problem” is defined as, and shall be deemed to exist if the Tenant Improvements shown on the Construction Drawings (i) would have an impact on the exterior appearance of the Building, (ii) would have a material, adverse effect on the structure of the Building, (iii) would have a material adverse effect on the systems (HVAC, electrical, plumbing, lifesafety, etc.) of the Building, or the operation and maintenance thereof, or (iv) fail to comply with applicable laws, ordinances or regulations.

Appears in 1 contract

Samples: And Attornment Agreement (Redenvelope Inc)

Selection of Architect/Construction Drawings. Subject to Landlord’s approval, which approval shall not be unreasonably withheld, Tenant shall select and retain an architect/space planner Carrier Xxxxxxx (the “Architect”) to prepare the “Construction Drawings”, ,” as that term is defined in this Section 2.13.1. Subject to Landlord’s reasonable approval, which approval will not be unreasonably withheld, Tenant or the Architect shall retain structural, mechanical and electrical the engineering consultants designated by Landlord (collectively, the “Engineers”) to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing, HVAC, lifesafety, plumbing and sprinkler HVAC work in the Expansion Space which are part of the Tenant Improvements, and including the work required to prepare the roof to accommodate the new HVAC equipment. The plans and drawings to be prepared by Architect and the Engineers hereunder, including specifications for the Tenant Improvements, 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; provided, however, Landlord shall only disapprove any such Construction Drawing to the extent of a “Design Problem”, as that term is defined below. Tenant and Architect shall verify, in the field, the dimensions and conditions as shown on the relevant portions of the final Construction Drawingsbase Building plans, and Tenant and Architect shall be solely responsible XXXXXX REALTY THE CAMPUS AT SORRENTO GATEWAY 702009.06/WLA EXHIBIT B -3- Office Lease 110045-00136/12-26-12/EG/eg [Accelrys, Inc.] for the same, and Landlord shall have no responsibility in connection therewith. Landlord’s review of the Construction Drawings as set forth in this Section 23, 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, ordinances, regulations or other like matters. Accordingly, notwithstanding that any Construction Drawings are reviewed or approved by Landlord or its space planner, architect, engineers and consultants, and notwithstanding any advice or assistance which may be rendered to Tenant by Landlord or Landlord’s space planner, architect, engineers, and consultants, Landlord shall have no liability whatsoever in connection therewith and shall not be responsible for any omissions or errors contained in the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply to the Construction Drawings. A “Design Problem” is defined as, and shall be deemed to exist if the Tenant Improvements shown on the Construction Drawings (i) would have an impact on the exterior appearance of the Building, (ii) would have a material, adverse effect on the structure of the Building, (iii) would have a material adverse effect on the systems (HVAC, electrical, plumbing, lifesafety, etc.) of the Building, or the operation and maintenance thereof, or (iv) fail to comply with applicable laws, ordinances or regulations.

Appears in 1 contract

Samples: Office Lease (Accelrys, Inc.)

Selection of Architect/Construction Drawings. Subject to Landlord’s approval, which approval shall not be unreasonably withheld, Tenant shall select retain JPC Architects, Gensler, or such other architect as Landlord and retain an architect/space planner Tenant shall mutually and reasonably agree upon (the "Architect") to prepare the "Construction Drawings”, ," as that term is defined in this Section 2.13.1. Subject The Contractor (as that term is defined in Section 4.1 of this Work Letter) shall provide design-build 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 Landlord’s reasonable approvalthe Improvements. Should Tenant choose to prepare fully engineered drawings in-lieu of the design-build approach described above, which approval will not be unreasonably withheld, then Tenant or the Architect shall retain structural, mechanical and electrical engineering consultants an engineer (collectively, from a list of approved engineers supplied by Landlord) (the “Engineers”"Engineer") to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing, HVAC, lifesafety, and sprinkler work in the Suite 400 Expansion Space Premises, which are work is not part of the Tenant Improvements, and including the work required to prepare the roof to accommodate the new HVAC equipmentBase Building. The plans and drawings to be prepared by Architect and the Engineers hereunder, including specifications for the Tenant Improvements, hereunder shall be known collectively as the "Construction Drawings”. ." All Construction Drawings shall comply with the drawing format and specifications reasonably determined by Landlord, and shall be subject to Landlord’s reasonable 's approval; provided, howeversuch approval not to be unreasonably withheld, Landlord shall only disapprove any such Construction Drawing to the extent of a “Design Problem”, as that term is defined belowconditioned or delayed. Tenant and Architect shall verify, in the field, the dimensions and conditions as shown on the relevant portions of the final 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 's review of the Construction Drawings as set forth in this Section 23, 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 with applicable laws, ordinances, regulations or other like matters. Accordingly, notwithstanding that any Construction Drawings are reviewed or approved by Landlord or its space planner, architect, engineers and consultants, and notwithstanding any advice or assistance which may be rendered to Tenant by Landlord or Landlord’s 's space planner, architect, engineers, and consultants, Landlord shall have no liability whatsoever in connection therewith and shall not be responsible for any omissions or errors contained in the Construction Drawings, and Tenant’s 's waiver and indemnity set forth in this the Lease shall specifically apply to the Construction Drawings. A “Design Problem” is defined as, and shall be deemed to exist if the Tenant Improvements shown on the Construction Drawings (i) would have an impact on the exterior appearance of the Building, (ii) would have a material, adverse effect on the structure of the Building, (iii) would have a material adverse effect on the systems (HVAC, electrical, plumbing, lifesafety, etc.) of the Building, or the operation and maintenance thereof, or (iv) fail to comply with applicable laws, ordinances or regulations.

Appears in 1 contract

Samples: Office Lease Agreement (Tableau Software Inc)

Selection of Architect/Construction Drawings. Subject to Landlord’s approvalTenant has retained Austin, which approval shall not be unreasonably withheldVeum, Tenant shall select and retain an architect/space planner Robbxxx, Xxrshalle (the “Architect”"ARCHITECT") to prepare the Construction Drawings”, as that term is defined in this Section 2.1. Subject to Landlord’s reasonable approval, which approval will not be unreasonably withheld, Tenant or the Architect shall retain structural, mechanical and electrical (i) an engineering consultants consultant designated by Landlord (collectively, the “Engineers”"ENGINEER") to prepare all plans and engineering working drawings relating to structural work and (ii) subcontractors designated by Landlord for the structuralmechanical, plumbing and electrical trades (the "MPE SUBCONTRACTORS") to prepare, on a design-build basis, all plans and engineering working drawings relating to the mechanical, electrical, plumbing, HVAC, lifesafety, and sprinkler work in the Expansion Space which are part of Premises. If the bid for an MPE Subcontractor is materially higher than another bid for the same trade from a subcontractor that is reasonably acceptable to Landlord, Tenant Improvements, and including the work required to prepare the roof to accommodate the new HVAC equipmentmay utilize that subcontractor as an MPE Subcontractor. The plans and drawings to be prepared by Architect Architect, the MPE Subcontractors and the Engineers hereunder, including specifications for the Tenant Improvements, Engineer hereunder shall be known collectively as the “Construction Drawings”. "CONSTRUCTION DRAWINGS." All Construction Drawings shall comply with the drawing format and specifications reasonably determined by Landlord, and shall be subject to Landlord’s reasonable 's approval; provided, however, Landlord shall only disapprove any such Construction Drawing to the extent of a “Design Problem”, as that term is defined below. Tenant and Architect shall verify, in the field, the dimensions and conditions as shown on the relevant portions of the final 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 's review of the Construction Drawings as set forth in this Section 23, 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 with applicable laws, ordinances, regulations or other like matters. Accordingly, notwithstanding that any Construction Drawings are reviewed or approved by Landlord or its space planner, architect, engineers and consultants, and notwithstanding any advice or assistance which may be rendered to Tenant by Landlord or Landlord’s space Landxxxx'x xpace planner, architect, engineers, and consultants, Landlord shall have no liability whatsoever in connection therewith and shall not be responsible for any omissions or errors contained in the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply to the Construction Drawings. A “Design Problem” is defined as, and shall be deemed to exist if the Tenant Improvements shown on the Construction Drawings (i) would have an impact on the exterior appearance of the Building, (ii) would have a material, adverse effect on the structure of the Building, (iii) would have a material adverse effect on the systems (HVAC, electrical, plumbing, lifesafety, etc.) of the Building, or the operation and maintenance thereof, or (iv) fail to comply with applicable laws, ordinances or regulations.

Appears in 1 contract

Samples: Office Lease (Websidestory Inc)

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Selection of Architect/Construction Drawings. Subject to Landlord’s 's approval, which approval shall not be unreasonably withheld, delayed, 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 2.13.1; provided, however, Landlord hereby pre-approves Xxxx Xxxxxxx. Subject to Landlord’s reasonable approval, which approval will not be unreasonably withheld, Tenant or the Architect shall retain (A) the structural, mechanical and electrical engineering consultants of its choice, subject to reasonable approval by Landlord (collectivelywhich 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 Tenant (the "Engineers") to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing, HVAC, lifesafety, and sprinkler work in for the Expansion Space Improvements, which are work is not part of the Tenant Improvements, and including the work required to prepare the roof to accommodate the new HVAC equipmentBase Building. The plans and drawings to be prepared by Architect and the Engineers hereunder, including specifications for the Tenant Improvements, hereunder shall be known collectively as the "Construction Drawings”. ." All Construction Drawings shall comply with the drawing format and specifications reasonably determined by Landlord, and shall be subject to Landlord’s reasonable 's approval; provided, however, Landlord shall only disapprove any such Construction Drawing to the extent of a "Design Problem”, ," as that term is defined below. Tenant and Architect shall verify, in the field, the dimensions and conditions as shown on the relevant portions of the final 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 's review of the Construction Drawings as set forth in this Section 23, 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 with applicable laws, ordinances, regulations or other like matters. Accordingly, EXHIBIT B -5- SEQUENCE TECHNOLOGY CENTER [Expansion and Extension Amendment] [DexCom, Inc.] notwithstanding that any Construction Drawings are reviewed or approved by Landlord or its space planner, architect, engineers and consultants, and notwithstanding any advice or assistance which may be rendered to Tenant by Landlord or Landlord’s 's space planner, architect, engineers, and consultants, Landlord shall have no liability whatsoever in connection therewith and shall not be responsible for any omissions or errors contained in the Construction Drawings, and Tenant’s 's waiver and indemnity set forth in this Lease shall specifically apply to the Construction Drawings. A "Design Problem" is defined as, and shall be deemed to exist if the Tenant Improvements shown on the Construction Drawings there could be (i) would have an impact effect on the exterior appearance of the BuildingProject, (ii) would have a material, an adverse effect on the structure of Base Building (including without limitation the BuildingBuilding Structure), (iii) would have a material an adverse effect on the systems (HVAC, electrical, plumbing, lifesafety, etc.) of the Building, Building Systems or the operation and maintenance thereof, or (iv) fail any failure to comply with applicable lawsApplicable Laws or Code. Notwithstanding anything to the contrary contained herein, ordinances or regulationsLandlord 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. Subject Tenant shall retain an architect approved in writing by Landlord (such approval not to Landlord’s approval, which approval shall not be unreasonably withheld, Tenant shall select and retain an architect/space planner conditioned or delayed) to prepare the Construction Drawings (the “Architect”) to prepare ). Tenant shall, at its option, retain either engineering consultants designated by Landlord listed below or engineering consultants designated by Tenant and reasonably approved by Landlord (the “Construction Drawings”, as that term is defined in this Section 2.1. Subject to Landlord’s reasonable approval, which approval will not be unreasonably withheld, Tenant or the Architect shall retain structural, mechanical and electrical engineering consultants (collectively, the “EngineersBuilding Consultants”) to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing, HVAC, lifesafetylife-safety, sprinkler and sprinkler riser work. The following are the engineering consultants designated by Landlord: Structural: Xxxxxx Consulting Group, Inc. MEP: Xxxxxx, Inc. Life Safety: Pacific Auxiliary Fire Alarm (design and supply devices), Paganini Electric (installation) Sprinkler: RLH, Pribuss or Ayoob & Perry Air Balancing: RS Analysis Inc., Circo Systems Balancing Inc. Riser Management: Xxxxxxxxxx Technologies If Tenant wishes to engage Building Consultants other than those designated by Landlord, Tenant may do so subject to Landlord’s approval, which shall not be unreasonably withheld, or delayed (it being acknowledged that Landlord’s approval will not be deemed unreasonably withheld if Landlord, reasonably and in good faith, determines that any such proposed Building Consultant does not have sufficient skill, expertise or experience in performing similar work in similar first class buildings, does not have sufficient insurance coverage or if Landlord has previously experienced difficulties or disputes with the Expansion Space which are part of the Tenant Improvements, and including the work required to prepare the roof to accommodate the new HVAC equipmentsuggested Building Consultant). The plans and drawings to be prepared by Architect and the Engineers hereunder, including specifications for the Tenant Improvements, hereunder shall be known referred to collectively as the “Construction Drawings”. All Construction Drawings shall be subject to Landlord’s reasonable approval; provided, however, Landlord shall only disapprove any such Construction Drawing to the extent of a “Design Problem”, as that term is defined below. Tenant and Architect shall verify, in the field, the dimensions and conditions as shown on the relevant portions of the final Construction DrawingsPremises, and Tenant and Architect shall be solely responsible for the same, and Landlord shall have no responsibility in connection therewith, other than Landlord’s obligation to complete the Landlord Work. Landlord’s review of the Construction Drawings as set forth in this Section 2, shall be for its sole purpose and herein shall not imply Landlord’s review of the same, or obligate Landlord to review the same, same for quality, design, Code compliance with applicable laws, ordinances, regulations or other like matters. Accordingly, notwithstanding that any Construction Drawings are reviewed or approved by Landlord or its space planner, architect, engineers and consultants, and notwithstanding any advice or assistance which may be rendered to Tenant by Landlord or Landlord’s space planner, architect, engineers, and consultants, Landlord shall have no liability whatsoever in connection therewith and shall not be responsible for any omissions or errors contained in the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply to the Construction Drawings. A “Design Problem” is defined as, and shall be deemed to exist if the Tenant Improvements shown on the Construction Drawings (i) would have an impact on the exterior appearance of the Building, (ii) would have a material, adverse effect on the structure of the Building, (iii) would have a material adverse effect on the systems (HVAC, electrical, plumbing, lifesafety, etc.) of the Building, or the operation and maintenance thereof, or (iv) fail to comply with applicable laws, ordinances or regulations.

Appears in 1 contract

Samples: Office Lease Agreement (Del Monte Foods Co)

Selection of Architect/Construction Drawings. Subject For each work of Tenant Improvements to Landlord’s approvalthe Premises to be performed by Tenant as Existing Premises Work pursuant to this Tenant Work Letter (each, which approval shall not be unreasonably withhelda "Project"), Tenant shall select and retain an architect/space planner selected by Tenant and reasonably approved by Landlord (the "Architect" of the applicable Project) to prepare the Construction Drawings”, as that term is defined Drawings for such Project in accordance with this Section 2.14.1. Subject In addition to Landlord’s reasonable approval, which approval will not be unreasonably withheldthe Architect, Tenant or the Architect shall retain structural, mechanical and electrical those engineering consultants selected by Tenant and reasonably approved by Landlord (collectively, the "Engineers" of the applicable Project) to prepare for any and all plans and engineering working drawings relating to any structural alterations or improvements or alterations to the structural, mechanical, electrical, plumbing, HVAC, lifesafety, and sprinkler work in Building Systems of the Expansion Space which are Existing Buildings as part of the Tenant Improvements, and including the work required to prepare the roof to accommodate the new HVAC equipmentExisting Premises Work of any Project. The plans and drawings to be prepared by the Architect and the any Engineers hereunder, including specifications for the Tenant Improvements, a Project hereunder shall be known collectively as the "Construction Drawings”. ." All Construction Drawings shall comply with the drawing format and specifications reasonably determined by Landlord, and shall be subject to Landlord’s reasonable 's approval; provided, however, Landlord shall only disapprove any such Construction Drawing to the extent of a “Design Problem”Landlord’s approval rights under this Article 4, as provided that term is defined below. Tenant Landlord's review and Architect shall verify, in the field, the dimensions and conditions as shown on the relevant portions approval of the final any Construction Drawings, and Tenant and Architect Drawings pursuant to this Section 4 shall be solely responsible for the same, and Landlord shall have no responsibility in connection therewith. Landlord’s review of the Construction Drawings as set forth in this Section 2, shall be for its sole purpose 's own benefit and shall not imply Landlord’s review of the same, or obligate Landlord to review the same, nor make the Landlord liable to Tenant or any of the Tenant's Agents for the quality, design, Code compliance with applicable laws, ordinances, regulations or other like matters. Accordingly, notwithstanding that matters included in any Construction Drawings are reviewed or approved by Landlord or its space planner, architect, engineers and consultants, and notwithstanding any advice or assistance which may be rendered to Tenant by Landlord or Landlord’s space planner, architect, engineers, and consultants, Landlord shall have no liability whatsoever in connection therewith and shall not be responsible for any omissions or errors contained in the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply to the Construction Drawings. A “Design Problem” is defined as, and shall be deemed to exist if the Tenant Improvements shown on the Construction Drawings (i) would have an impact on the exterior appearance of the Building, (ii) would have a material, adverse effect on the structure of the Building, (iii) would have a material adverse effect on the systems (HVAC, electrical, plumbing, lifesafety, etc.) of the Building, or the operation and maintenance thereof, or (iv) fail to comply with applicable laws, ordinances or regulations.

Appears in 1 contract

Samples: Sorrento Summit (Nuvasive Inc)

Selection of Architect/Construction Drawings. Subject to Tenant shall retain an architect/space planner approved by Landlord’s approval, which approval shall not be unreasonably withheld, Tenant shall select and retain an architect/space planner withheld or delayed (the “Architect”) to prepare the “Construction Drawings”, ,” as that term is defined in this Section 2.1. Subject to Landlord shall, within four (4) business days after Landlord’s reasonable approvalreceipt of the name of any proposed Architect either provide such approval or disapproval, which approval will not be unreasonably withheldalong with reasons therefor, provided that Studio O+A is hereby pre-approved as Architect. Tenant or the Architect shall retain structural, mechanical and electrical the engineering consultants approved by Landlord (collectively, 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, HVAC, lifesafety, and sprinkler work in the Expansion Space which are Premises as part of the Tenant Improvements. Landlord shall, within four (4) business days after Landlord’s receipt of the name of any proposed Engineer either provide such approval or disapproval, along with reasons therefor. In the event Landlord fails to promptly respond to Tenant’s request for approval of Tenant’s architect or engineer within said four (4) business day period, then Tenant may resubmit the same to Landlord’s representative with a cover letter stating “Landlord’s failure to respond within four (4) business days shall result in the deemed approval of the attached” in all capital letters and including in bold face type. In the work required event Landlord thereafter fails to prepare respond thereto by the roof to accommodate date which is the new HVAC equipmentlater of the original response period set forth above or the four (4) business days following the second notice, then the request shall be deemed approved by Landlord. The plans and drawings to be prepared by Architect and the Engineers hereunder, including specifications for the Tenant Improvements, hereunder shall be known collectively as the “Construction Drawings”. .” All Construction Drawings shall comply at a minimum with Landlord’s Specifications and shall be subject in a drawing format reasonably acceptable to Landlord’s reasonable approval; provided, however, Landlord shall only disapprove any such Construction Drawing to the extent of a “Design Problem”, as that term is defined below. Tenant and Architect shall verify, in the field, the dimensions and conditions as shown on the relevant portions of the final Construction Drawings, 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 as set forth in this Section 2, 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, ordinances, regulations or other like matters. Accordingly, notwithstanding that any Construction Drawings are reviewed or approved by Landlord or its space planner, architect, engineers and consultants, and notwithstanding any advice or assistance which may be rendered to Tenant by Landlord or Landlord’s space planner, architect, engineers, and consultants, Landlord shall have no liability whatsoever in connection therewith 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 the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply to the Construction Drawings. A “Design Problem” Each time Landlord is defined asgranted the right to review, and shall be deemed to exist if the Tenant Improvements shown on consent or approve the Construction Drawings or any component thereof (i) would have an impact on the exterior appearance of the Buildingcollectively, (ii) would have a material“Consent”), adverse effect on the structure of the Buildingsuch Consent shall not be unreasonably withheld, (iii) would have a material adverse effect on the systems (HVAC, electrical, plumbing, lifesafety, etcconditioned or delayed.) of the Building, or the operation and maintenance thereof, or (iv) fail to comply with applicable laws, ordinances or regulations.

Appears in 1 contract

Samples: Lease Agreement (C3.ai, Inc.)

Selection of Architect/Construction Drawings. Subject to Landlord’s approval, which approval shall not be unreasonably withheld, delayed, 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 2.13.1; provided, however, Landlord hereby pre-approves Xxxx Xxxxxxx. Subject to Landlord’s reasonable approval, which approval will not be unreasonably withheld, Tenant or the Architect shall retain (A) the structural, mechanical and electrical engineering consultants of its choice, subject to reasonable approval by Landlord (collectivelywhich 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 Tenant (the “Engineers”) to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing, HVAC, lifesafety, and sprinkler work in the 6310 Expansion Space Premises, which are work is not part of the Tenant Improvements, and including the work required to prepare the roof to accommodate the new HVAC equipmentBase Building. The plans and drawings to be prepared by Architect and the Engineers hereunder, including specifications for the Tenant Improvements, hereunder shall be known collectively as the “Construction Drawings”. .” All Construction Drawings shall comply with the drawing format and specifications reasonably determined by Landlord, and shall be subject to Landlord’s reasonable approval; provided, however, Landlord shall only disapprove any such Construction Drawing to the extent of a “Design Problem”, ,” as that term is defined below. Tenant and Architect shall verify, in the field, the dimensions and conditions as shown on the relevant portions of the final 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 as set forth in this Section 23, 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, ordinances, regulations or other like matters. Accordingly, notwithstanding that any Construction Drawings are reviewed or approved by Landlord or its space planner, architect, engineers and consultants, and notwithstanding any advice or assistance which may be rendered to Tenant by Landlord or Landlord’s space planner, architect, engineers, and consultants, Landlord shall have no liability whatsoever in connection therewith and shall not be responsible for any omissions or errors contained in the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply to the Construction Drawings. A “Design Problem” is defined as, and shall be deemed to exist if the Tenant Improvements shown on the Construction Drawings there could be (i) would have an impact effect on the exterior appearance of the 6310 Building, (ii) would have a material, an adverse effect on the structure of Base Building (including without limitation the BuildingBuilding Structure), (iii) would have a material an adverse effect on the systems (HVAC, electrical, plumbing, lifesafety, etc.) of the Building, Building Systems or the operation and maintenance thereof, or (iv) fail any failure to comply with applicable lawsApplicable Laws or Code. Notwithstanding anything to the contrary contained herein, ordinances or regulations.Landlord acknowledges that Tenant’s security systems are fundamental to its business operations in the 6310 Expansion 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 6310 Expansion 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. EXHIBIT B

Appears in 1 contract

Samples: Office Lease

Selection of Architect/Construction Drawings. Subject to Landlord’s approval, Tenant shall retain an architect/space planner approved by Landlord (the "Architect") (which approval shall not be unreasonably withheldwithheld or conditioned, and shall be granted or denied within five (5) business days after written request therefor from Tenant shall select and retain an architect/space planner (the “Architect”is received by Landlord) to prepare the Construction Drawings”, as that term is defined in this Section 2.1Drawings for the New Tenant Improvements. Subject to Landlord’s reasonable approval, which approval will not be unreasonably withheld, Tenant or the Architect shall retain structural, mechanical engineering and electrical engineering 804296.08/LAH4321-047/10-7/08/nng/law EXHIBIT X-00- XXXXX XXXX XXXXX[Xxxxx Xxxx Lease] other consultants 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, HVAC, lifesafety, and sprinkler work in connection with the Expansion Space New Tenant Improvements, which are work is not part of the Landlord Work; provided, however, Tenant Improvementsshall use the same structural and mechanical/life safety system engineers (collectively, the "Key Engineers") engaged by Landlord for structural and including mechanical/life safety system work (as applicable) with respect to the work required Building to prepare the roof engineering plans and drawings ("Key Engineering Plans'') for such work for the Premises, so long as such engineers agree to accommodate meet the new HVAC equipmentschedule 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, including specifications for the Tenant Improvements, hereunder shall be known collectively as the "Construction Drawings”. All ." Unless otherwise approved or designated by Landlord, all Construction Drawings shall be subject to Landlord’s reasonable approval; provided, howevercomply with the drawing format and specifications attached hereto as Schedule 2. In connection therewith, Landlord shall only disapprove any such Construction Drawing to the extent of a “Design Problem”, as that term is defined belowsupply 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 final Construction Drawingsbase building plans (including the Landlord Work), 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 as set forth in this Section 23, 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 with applicable laws, ordinances, regulations or other like matters. Accordingly, notwithstanding that any Construction Drawings are reviewed or approved by Landlord or its space planner, architect, engineers and consultants, and notwithstanding any advice or assistance which may be rendered to Tenant by Landlord or Landlord’s 's space planner, architect, engineers, and consultants, Landlord shall have no liability whatsoever in connection therewith and shall not be responsible for any omissions or errors contained in the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Lease shall except to the extent Landlord has specifically apply requested a modification to the Construction DrawingsDrawings as a condition to Landlord's approval thereof (it being understood that nothing in this Section 3.1 shall relieve Landlord from its repair and maintenance obligations under the Lease). A “Design Problem” is defined as, and shall be deemed to exist if the Tenant Improvements shown on the Construction Drawings (i) would have an impact on the exterior appearance for each of the Building, (ii) would have a material, adverse effect on the structure of the Building, (iii) would have a material adverse effect on the systems (HVAC, electrical, plumbing, lifesafety, etcFull TI Floors may be submitted separately to Landlord for its review and approval.) of the Building, or the operation and maintenance thereof, or (iv) fail to comply with applicable laws, ordinances or regulations.

Appears in 1 contract

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

Selection of Architect/Construction Drawings. Subject to Landlord’s approval, which approval shall not be unreasonably withheld, Tenant shall select and retain an architect/space planner has retained AP+I Design (the “Architect”) to prepare the Construction Drawings”Drawings (as defined below). Tenant shall be responsible for all elements of the design of the Construction Drawings (including, as that term is defined in this Section 2.1without 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). Subject to Landlord’s reasonable approval, which approval will not be unreasonably withheld, Tenant or the Architect Landlord shall retain structural, mechanical and electrical (or cause Contractor to retain) the engineering consultants designated by Landlord (collectively, the “EngineersEngineer”) to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing, HVAC, lifesafety, plumbing and sprinkler HVAC work in the Expansion Space which are part of the Tenant Improvements, and including the work required to prepare the roof to accommodate the new HVAC equipment. The plans and drawings to be prepared by Architect and the Engineers hereunder, including specifications for the Tenant Improvements, 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 reasonably determined by Landlord, and shall be subject to Landlord’s 's reasonable approval; provided. Tenant shall send to Landlord for review a completed set of Construction Drawings, howeverwhich 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 shall only disapprove any on or before said Construction Drawings Due Date and to devote such time as may be necessary in consultation with said Architect and Engineer to enable them to complete and submit the Construction Drawing Drawings within the required time limit. Time is of the essence in respect of preparation and submission 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 for 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 a “Design Problem”natural extension of the Space Plan or because the Construction Drawings are not sufficiently detailed, or if Landlord reasonably objects to the 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 Space Plan. The Construction Drawings shall expressly designate what is Building standard and what is above Building standard to enable the parties to easily value engineer the Tenant Improvements. So long as that term is defined belowthe Construction Drawings provided to Landlord are complete, Landlord shall approve or make comments to the Construction Drawings within seven (7) days following Landlord’s receipt thereof. If Landlord 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 (3) business days. Tenant and Architect shall verify, in be responsible for one day of Tenant Delay for each day following such three (3) business day period until Tenant delivers to Landlord the field, the dimensions and conditions as shown on the relevant portions of the final revised Construction Drawings, and Tenant and Architect shall be solely responsible for the same, and Landlord shall have no responsibility in connection therewith. Landlord’s 's review and approval of the Construction Drawings as set forth in this Section 2, 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 with applicable laws, ordinances, regulations or other like matters. Accordingly, notwithstanding that any Construction Drawings are reviewed or and approved by Landlord or its space planner, architect, engineers and consultants, and notwithstanding any advice or assistance which may be rendered to Tenant by Landlord or Landlord’s 's space planner, architect, engineers, and consultants, Landlord shall have no liability whatsoever in connection therewith and shall not be responsible for any omissions or errors contained in the any Construction Drawings, and Tenant’s 's waiver and indemnity set forth in this the Lease shall specifically apply to the any Construction Drawings. A “Design Problem” is defined as, and shall be deemed to exist if the Tenant Improvements shown on the Construction Drawings (i) would have an impact on the exterior appearance of the Building, (ii) would have a material, adverse effect on the structure of the Building, (iii) would have a material adverse effect on the systems (HVAC, electrical, plumbing, lifesafety, etc.) of the Building, or the operation and maintenance thereof, or (iv) fail to comply with applicable laws, ordinances or regulations.

Appears in 1 contract

Samples: Office Lease (Sentinel Labs, Inc.)

Selection of Architect/Construction Drawings. Subject to Landlord’s approval, which approval shall not be unreasonably withheld, Tenant shall select and retain an the architect/space planner approved by Landlord (the "Architect") to prepare the "Construction Drawings”, ," as that term is defined in this Section 2.13.1. Subject to Landlord’s reasonable approval, which approval will not be unreasonably withheld, Landlord hereby approves Ridgxxx & Xssociates as Architect. Tenant or the Architect shall retain structural, mechanical and electrical engineering consultants approved by Landlord in Landlord's reasonable discretion (collectively, the "Engineers") to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing, HVAC, lifesafety, and sprinkler work in the Expansion Space Premises, which are work is not part of the Tenant ImprovementsBase, and including the work required to prepare the roof to accommodate the new HVAC equipmentShell & Core. The plans and drawings to be prepared by Architect and the Engineers hereunder, including specifications for the Tenant Improvements, hereunder shall be known collectively as the "Construction Drawings”. ." All Construction Drawings shall comply with the drawing format and specifications determined by Landlord, and shall be subject to Landlord’s reasonable 's approval; provided, however, Landlord shall only disapprove any such Construction Drawing to the extent of a “Design Problem”, as that term is defined below. Tenant and Architect shall verify, in the field, the dimensions and conditions as shown on the relevant portions of the final 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 's review of the Construction Drawings as set forth in this Section 23, 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 with applicable laws, ordinances, regulations or other like matters. Accordingly, notwithstanding that any Construction Drawings are reviewed or approved by Landlord or its space planner, architect, engineers and consultants, and notwithstanding any advice or assistance which may be rendered to Tenant by Landlord or Landlord’s 's space planner, architect, engineers, and consultants, Landlord shall have no liability whatsoever in connection therewith and shall not be responsible for any omissions or errors contained in the Construction Drawings, and Tenant’s 's waiver and indemnity set forth in this Lease shall specifically apply to the Construction Drawings. A “Design Problem” is defined as, and shall be deemed to exist if the Tenant Improvements shown on the Construction Drawings (i) would have an impact on the exterior appearance of the Building, (ii) would have a material, adverse effect on the structure of the Building, (iii) would have a material adverse effect on the systems (HVAC, electrical, plumbing, lifesafety, etc.) of the Building, or the operation and maintenance thereof, or (iv) fail to comply with applicable laws, ordinances or regulations.

Appears in 1 contract

Samples: Office Lease (Team Communication Group Inc)

Selection of Architect/Construction Drawings. Subject to Landlord’s approval, which approval shall not be unreasonably withheld, Tenant shall select and retain an the architect/space planner as reasonably approved by Landlord (the "Architect") to prepare the "Construction Drawings”, ," as that term is defined in this Section 2.13.1. Subject to Landlord’s reasonable approval, which approval will not be unreasonably withheld, Tenant or the Architect shall retain structural, mechanical and electrical an engineering consultants consultant reasonably approved by Landlord (collectively, 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, HVAC, lifesafety, and sprinkler work in the Expansion Space Premises, which are work is not part of the Tenant Improvements, and including the work required to prepare the roof to accommodate the new HVAC equipmentBase Building. The plans and drawings to be prepared by Architect and the Engineers hereunder, including specifications for the Tenant Improvements, hereunder shall be known collectively as the "Construction Drawings”. ." All Construction Drawings shall comply with the drawing format and specifications determined by Landlord, and shall be subject to Landlord’s reasonable 's approval; provided, however, Landlord shall only disapprove any such Construction Drawing to the extent of a “Design Problem”, as that term is defined below. Tenant and Architect shall verify, in the field, the dimensions and conditions as shown on the relevant portions of the final 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 's review of the Construction Drawings as set forth in this Section 23, 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 with applicable laws, ordinances, regulations or other like matters. Accordingly, notwithstanding that any Construction Drawings are reviewed or approved by Landlord or its space planner, architect, engineers and consultants, and notwithstanding any advice or assistance which may be rendered to Tenant by Landlord or Landlord’s 's space planner, architect, engineers, and consultants, Landlord shall have no liability whatsoever in connection therewith and shall not be responsible for any omissions or errors contained in the Construction Drawings, and Tenant’s 's waiver and indemnity set forth in this Lease shall specifically apply to the Construction Drawings. A “Design Problem” is defined as, and shall be deemed to exist if the Tenant Improvements shown on the Construction Drawings (i) would have an impact on the exterior appearance of the Building, (ii) would have a material, adverse effect on the structure of the Building, (iii) would have a material adverse effect on the systems (HVAC, electrical, plumbing, lifesafety, etc.) of the Building, or the operation and maintenance thereof, or (iv) fail to comply with applicable laws, ordinances or regulations.

Appears in 1 contract

Samples: Multi (Aehr Test Systems)

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