Common use of Selection of Architect Clause in Contracts

Selection of Architect. Landlord shall retain the architect/space planner (for purposes of this Exhibit A, the “Architect”) and the engineering consultants (for purposes of this Exhibit A, the “Engineers”) of Landlord’s choice to prepare all architectural plans for the Premises and all engineering working drawings relating to the structural, mechanical, electrical, plumbing, HVAC, life-safety, and sprinkler work in the Premises. The plans and drawings to be prepared by the Architect and the Engineers shall be referred to in this Extension Work Letter as the “Plans.” Tenant shall be responsiblefor ensuring that all elements of the design of the Plans are suitable for Tenant’s use of the Premises, and neither the preparation of the Plans by the Architect or the Engineers nor Landlord’s approval of the Plans shall relieve Tenant from such responsibility. Landlord shall cause the Architect and the Engineers to usethe Required Level of Care (defined below) to cause the Plans to comply with law; provided, however,that Tenant, not Landlord, shall be responsible for any violation of law by the Plans resulting fromTenant’s use of the Premises for other than general office purposes. As used herein, “Required Level of Care” means the level of care that reputable architects and engineers customarily use to cause drawingsand specifications to comply with law where such drawings and specifications are prepared for spaces in buildings comparable in quality to the Building. Tenant shall be responsible for ensuring that the Plans comply with law to the extent Landlord is not expressly so responsible under this Section 2.1, and neitherthe preparation of the Plans by the Architect or the Engineers nor Landlord’s approval of the Plans shall relieve Tenant from such responsibility. To the extent that either party (for purposes of this Exhibit A,the “Responsible Party”) is responsible under this Section 2.1 for causing the Plans to comply with law,the Responsible Party may contest any alleged violation of Law in good faith, including by seeking awaiver or deferment of compliance, asserting any defense allowed by law, and exercising any right ofappeal (provided that the other party incurs no liability as a result of such contest and that, aftercompleting such contest, the Responsible Party makes any modification to the Plans or any alteration tothe Premises that is necessary to comply with any final order or judgment).

Appears in 3 contracts

Samples: Office Lease (Tracon Pharmaceuticals, Inc.), Office Lease (Tracon Pharmaceuticals, Inc.), Office Lease (Tracon Pharmaceuticals Inc)

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Selection of Architect. Landlord shall retain the architect/space planner (for purposes of this Exhibit A, the “Architect”) and the engineering consultants (for purposes of this Exhibit A, the “Engineers”) of Landlord’s choice to prepare all architectural plans for the Premises and all engineering working drawings Construction Drawings relating to the structural, mechanical, electrical, plumbing, HVAC, life-safety, and sprinkler work in the Premises. The plans and drawings to be prepared by the Architect and the Engineers shall be referred to in this Extension Work Letter herein as the “Plans.” Tenant shall be responsiblefor responsible for ensuring that all elements of the design of the Plans are suitable for Tenant’s use of the Premises, and neither the preparation of the Plans by the Architect or the Engineers nor Landlord’s approval of the Plans shall relieve Tenant from such responsibility. Landlord shall (a) cause the Plans, other than any Tenant Revision (defined in Section 2.7 below), to comply with Law; and (b) cause the Architect and the Engineers to usethe use the Required Level of Care (defined below) to cause the Plans any Tenant Revision to comply with lawLaw; provided, however,, that Tenant, not Landlord, shall be responsible for any violation of law by the Plans Law resulting fromTenantfrom Tenant’s use of the Premises for other than general office purposes. As used herein, “Required Level of Care” means the level of care that reputable architects and engineers customarily use to cause drawingsand drawings and specifications to comply with law Law where such drawings and specifications specification’s are prepared for spaces in buildings comparable in quality to the Building. Tenant shall be responsible for ensuring that the Plans comply any Tenant Revision complies with law Law to the extent Landlord is not expressly expressly, so responsible under this Section 2.1, and neitherthe neither the preparation of the Plans Tenant Revision by the Architect or the Engineers nor Landlord’s approval of the Plans Tenant Revision shall relieve Tenant from such responsibility. To the extent that either party (for purposes of this Exhibit A,the “Responsible Party”) is responsible under this Section 2.1 for causing any portion of the Plans to comply with law,Law, the Responsible Party may contest any alleged violation of Law in good faith, including by seeking awaiver a waiver or deferment of compliance, asserting any defense allowed by lawLaw, and exercising any right ofappeal of appeal (provided that the other party incurs no liability as a result of such contest and that, aftercompleting after completing such contest, the Responsible Party makes any modification to the Plans or any alteration tothe to the Premises that is necessary to comply with any final order or judgment).

Appears in 2 contracts

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

Selection of Architect. Landlord Tenant shall retain Carrier Xxxxxxx as architect (the architect/space planner ("ARCHITECT") to prepare the architectural plans and drawings for purposes of this Exhibit A, the “Architect”Tenant Improvements in the Building in accordance with the Construction Schedule. Tenant shall have the right to replace Architect with another architect(s) from time to time at Tenant's discretion and the subject to Landlord's reasonable approval. Tenant shall also retain engineering consultants (for purposes of this Exhibit A, the “Engineers”"ENGINEERS") of selected by Tenant and subject to Landlord’s choice 's reasonable approval to prepare all architectural plans for the Premises and all engineering working drawings relating to the structural, mechanical, electrical, plumbing, HVAC, life-safetylifesafety, and sprinkler work of the Tenant Improvements. The parties acknowledge that Tenant's retention of the Engineers may be done in the Premisesconnection with a design/build format. The plans and drawings to be prepared by the Architect and the Engineers hereunder shall be referred to in this Extension Work Letter known collectively as the “Plans"CONSTRUCTION DRAWINGS." All Construction Drawings shall comply with the drawing format and specifications as reasonably determined by Landlord, and shall be subject to Landlord's approval which shall not be unreasonably withheld or delayed. Tenant shall be responsiblefor ensuring that all elements deemed to have approved any Construction Drawings submitted to Landlord for Landlord's approval. Tenant and Architect shall verify, in the field, the dimensions EXHIBIT B -6- PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] and conditions as shown in the relevant portions of Construction Drawings for the design of the Plans are suitable for Tenant’s use of the PremisesBase, Shell and neither the preparation of the Plans by the Architect or the Engineers nor Landlord’s approval of the Plans shall relieve Tenant from such responsibilityCore. Landlord shall cause the Contractor to assist Tenant's Architect in identifying any coordination or other construction issues relating to the Construction Drawings for the Base, Shell and Core. Landlord's review of the Engineers to usethe Required Level of Care (defined below) to cause the Plans to comply with law; providedConstruction Drawings, however,that Tenant, not Landlordas set forth in this Section 3, shall not imply Landlord's review of the same for quality, design, Code compliance or other like matters, but Landlord shall nevertheless inform Tenant of any deficiencies discovered. Accordingly, notwithstanding any Construction Drawings reviewed by Landlord or its consultants, and notwithstanding any advice or assistance which may be rendered to Tenant by Landlord or Landlord's consultants, Landlord shall have no liability whatsoever in connection therewith and shall not be responsible for any violation of law by omissions or errors contained in the Plans resulting fromTenant’s use of the Premises for other than general office purposes. As used herein, “Required Level of Care” means the level of care that reputable architects and engineers customarily use to cause drawingsand specifications to comply with law where such drawings and specifications Construction Drawings unless any omissions or errors are prepared for spaces in buildings comparable in quality to the Building. Tenant shall be responsible for ensuring that the Plans comply with law to the extent Landlord is not expressly so responsible under this Section 2.1, and neitherthe preparation of the Plans by the Architect or the Engineers nor Landlord’s approval of the Plans shall relieve Tenant from such responsibility. To the extent that either party (for purposes of this Exhibit A,the “Responsible Party”) is responsible under this Section 2.1 for causing the Plans to comply with law,the Responsible Party may contest any alleged violation of Law in good faith, including by seeking awaiver or deferment of compliance, asserting any defense allowed by law, and exercising any right ofappeal (provided that the other party incurs no liability as a result of such contest omissions or errors in the Construction Drawings for the Base, Shell and thatCore, aftercompleting such contest, and Tenant's waiver and indemnity set forth in Section 10.1 of the Responsible Party makes any modification Lease shall specifically apply to the Plans or any alteration tothe Premises that is necessary to comply with any final order or judgment)Construction Drawings.

Appears in 2 contracts

Samples: Office Lease (Peregrine Systems Inc), Lease Option Agreement (Peregrine Systems Inc)

Selection of Architect. Landlord shall retain the architect/space planner (for purposes of this Exhibit AAmendment, the “Architect”) and the engineering consultants (for purposes of this Exhibit AAmendment, the “Engineers”) of Landlord’s choice to prepare all architectural plans for the Premises and all engineering working drawings Construction Drawings relating to the structural, mechanical, electrical, plumbing, HVAC, life-safety, and sprinkler work in the Premises. The plans and drawings to be prepared by the Architect and the Engineers shall be referred to in this Extension Work Letter herein as the “Plans.” Tenant shall be responsiblefor responsible for ensuring that all elements of the design of the Plans are suitable for Tenant’s use of the Premises, and neither the preparation of the Plans by the Architect or the Engineers nor Landlord’s approval of the Plans shall relieve Tenant from such responsibility. Landlord shall (a) cause the Plans, other than any Revision (defined in Section 2.7 below), to comply with Law; and (b) cause the Architect and the Engineers to usethe use the Required Level of Care (defined below) to cause the Plans any Revision to comply with lawLaw; provided, however,, that Tenant, not Landlord, shall be responsible for any violation of law by the Plans Law resulting fromTenantfrom Tenant’s use of the Premises for other than general office purposes. As used herein, “Required Level of Care” means the level of care that reputable architects and engineers customarily use to cause drawingsand drawings and specifications to comply with law Law where such drawings and specifications are prepared for spaces in buildings comparable in quality to the Building. Tenant shall be responsible for ensuring that the Plans comply any Revision complies with law Law to the extent Landlord is not expressly so responsible under this Section 2.1, and neitherthe neither the preparation of the Plans Revision by the Architect or the Engineers nor Landlord’s approval of the Plans Revision shall relieve Tenant from such responsibility. To the extent that either party (for purposes of this Exhibit A,Amendment, the “Responsible Party”) is responsible under this Section 2.1 for causing any portion of the Plans to comply with law,Law, the Responsible Party may contest any alleged violation of Law in good faith, including by seeking awaiver a waiver or deferment of compliance, asserting any defense allowed by lawLaw, and exercising any right ofappeal of appeal (provided that the other party incurs no liability as a result of such contest and that, aftercompleting after completing such contest, the Responsible Party makes any modification to the Plans or any alteration tothe to the Premises that is necessary to comply with any final order or judgment).

Appears in 2 contracts

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

Selection of Architect. Landlord Tenant shall retain the an architect/space planner (for purposes of this Exhibit A, the “Architect”) approved in advance by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed) to prepare the Final Space Plan and Final Working Drawings as provided in Section 3.2 and 3.3, below. Tenant shall retain the engineering consultants or design/build subcontractors designated by Tenant and reasonably approved in advance by Landlord (for purposes of this Exhibit A, the “Engineers”) of Landlord’s choice to prepare all architectural plans for the Premises and all engineering working drawings relating to the structural, mechanical, electrical, plumbing, HVAC, life-safetylifesafety, and sprinkler work in the Premises, which work is not part of the Base Building. The All such plans and drawings shall comply with the drawing format and specifications reasonably determined by Landlord, and shall be subject to Landlord’s reasonable approval. Tenant and Architect shall verify, in the field, the dimensions and conditions as shown on the relevant portions of the Base Building plans, and Tenant and Architect shall be prepared by solely responsible for the Architect same, and Landlord shall have no responsibility in connection therewith. Landlord’s review of any plans or drawings as set forth in this Section 3, shall be for its sole purpose and shall not imply Landlord’s review of the same, or obligate Landlord to review the same, for quality, design, Code compliance or other like matters. Landlord hereby pre-approves DGA as the Architect. Landlord shall approve or reasonably disapprove Tenant’s request for approval of Tenant’s Engineers, within three (3) business days following Landlord’s receipt of Tenant’s written request therefor. If Landlord fails to respond to such request for approval within the three (3) business day period set forth above, Tenant may send Landlord a notice setting forth such failure and warning that a continuing failure to respond may result in a “deemed approval” (the “Engineer Reminder Notice”). If Landlord fails to respond to approve or reasonably disapprove of Tenant’s Engineers within two (2) business days after receipt of the Engineer Reminder Notice, such Engineers shall be referred to in this Extension Work Letter as the “Plansdeemed approved by Landlord.” Tenant shall be responsiblefor ensuring that all elements of the design of the Plans are suitable for Tenant’s use of the Premises, and neither the preparation of the Plans by the Architect or the Engineers nor Landlord’s approval of the Plans shall relieve Tenant from such responsibility. Landlord shall cause the Architect and the Engineers to usethe Required Level of Care (defined below) to cause the Plans to comply with law; provided, however,that Tenant, not Landlord, shall be responsible for any violation of law by the Plans resulting fromTenant’s use of the Premises for other than general office purposes. As used herein, “Required Level of Care” means the level of care that reputable architects and engineers customarily use to cause drawingsand specifications to comply with law where such drawings and specifications are prepared for spaces in buildings comparable in quality to the Building. Tenant shall be responsible for ensuring that the Plans comply with law to the extent Landlord is not expressly so responsible under this Section 2.1, and neitherthe preparation of the Plans by the Architect or the Engineers nor Landlord’s approval of the Plans shall relieve Tenant from such responsibility. To the extent that either party (for purposes of this Exhibit A,the “Responsible Party”) is responsible under this Section 2.1 for causing the Plans to comply with law,the Responsible Party may contest any alleged violation of Law in good faith, including by seeking awaiver or deferment of compliance, asserting any defense allowed by law, and exercising any right ofappeal (provided that the other party incurs no liability as a result of such contest and that, aftercompleting such contest, the Responsible Party makes any modification to the Plans or any alteration tothe Premises that is necessary to comply with any final order or judgment).

Appears in 2 contracts

Samples: Lease (RAPT Therapeutics, Inc.), Lease (RAPT Therapeutics, Inc.)

Selection of Architect. Landlord shall retain the architect/space planner (for purposes of this Exhibit AB, the “Architect”) and the engineering consultants (for purposes of this Exhibit AB, the “Engineers”) of Landlord’s choice to prepare all architectural plans for the Premises and all engineering working drawings relating to the structural, mechanical, electrical, plumbing, HVAC, life-safety, and sprinkler work in the Premises. The plans and drawings to be prepared by the Architect and the Engineers shall be referred to in this Extension Suite 475 Work Letter as the “Plans.” Tenant shall be responsiblefor responsible for ensuring that all elements of the design of the Plans are suitable for Tenant’s use of the Premises, and neither the preparation of the Plans by the Architect or the Engineers nor Landlord’s approval of the Plans shall relieve Tenant from such responsibility. Landlord shall cause the Architect and the Engineers to usethe use the Required Level of Care (defined below) to cause the Plans to comply with lawLaw; provided, however,, that Tenant, not Landlord, shall be responsible for any violation of law Law by the Plans resulting fromTenantfrom Tenant’s use of the Premises for other than general office purposes. As used herein, “Required Level of Care” means the level of care that reputable architects and engineers customarily use to cause drawingsand drawings and specifications to comply with law Law where such drawings and specifications are prepared for spaces in buildings comparable in quality to the Building. Tenant shall be responsible for ensuring that the Plans comply with law Law to the extent Landlord is not expressly so responsible under this Section 2.1, and neitherthe neither the preparation of the Plans by the Architect or the Engineers nor Landlord’s approval of the Plans shall relieve Tenant from such responsibility. To the extent that either party (for purposes of this Exhibit A,B, the “Responsible Party”) is responsible under this Section 2.1 for causing the Plans to comply with law,Law, the Responsible Party may contest any alleged violation of Law in good faith, including by seeking awaiver a waiver or deferment of compliance, asserting any defense allowed by lawLaw, and exercising any right ofappeal of appeal (provided that the other party incurs no liability as a result of such contest and that, aftercompleting after completing such contest, the Responsible Party makes any modification to the Plans or any alteration tothe to the Premises that is necessary to comply with any final order or judgment). [Intentionally Omitted.]

Appears in 2 contracts

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

Selection of Architect. Landlord shall retain the architect/space planner (for purposes of this Exhibit A, the “Architect”) and the engineering consultants (for purposes of this Exhibit A, the “Engineers”) of Landlord’s choice to prepare all architectural plans for the Premises and all engineering working drawings relating to the structural, mechanical, electrical, plumbing, HVAC, life-safety, and sprinkler work in the Premises. The plans and drawings to be prepared by the Architect and the Engineers shall be referred to in this Extension Work Letter as the “Plans.” Tenant shall be responsiblefor responsible for ensuring that all elements of the design of the Plans are suitable for Tenant’s use of the Premises, and neither the preparation of the Plans by the Architect or the Engineers nor Landlord’s approval of the Plans shall relieve Tenant from such responsibility. Landlord shall cause the Architect and the Engineers to usethe use the Required Level of Care (defined below) to cause the Plans to comply with lawLaw; provided, however,, that Tenant, not Landlord, shall be responsible for any violation of law Law by the Plans resulting fromTenantfrom Tenant’s use of the Premises for other than general office purposes. As used herein, “Required Level of Care” means the level of care that reputable architects and engineers customarily use to cause drawingsand drawings and specifications to comply with law Law where such drawings and specifications are prepared for spaces in buildings comparable in quality to the Building. Tenant shall be responsible for ensuring that the Plans comply with law Law to the extent Landlord is not expressly so responsible under this Section 2.1, and neitherthe neither the preparation of the Plans by the Architect or the Engineers nor Landlord’s approval of the Plans shall relieve Tenant from such responsibility. To the extent that either party (for purposes of this Exhibit A,the “Responsible Party”) is responsible under this Section 2.1 for causing the Plans to comply with law,Law, the Responsible Party may contest any alleged violation of Law in good faith, including by seeking awaiver a waiver or deferment of compliance, asserting any defense allowed by lawLaw, and exercising any right ofappeal of appeal (provided that the other party incurs no liability as a result of such contest and that, aftercompleting after completing such contest, the Responsible Party makes any modification to the Plans or any alteration tothe to the Premises that is necessary to comply with any final order or judgment).

Appears in 2 contracts

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

Selection of Architect. Landlord shall retain the architect/space planner (for purposes of this Exhibit AB, the “Architect”) and the engineering consultants (for purposes of this Exhibit AB, the “Engineers”) of Landlord’s choice to prepare all architectural plans for the Premises and all engineering working drawings Construction Drawings relating to the structural, mechanical, electrical, plumbing, HVAC, life-safety, and sprinkler work in the Premises. The plans and drawings to be prepared by the Architect and the Engineers shall be referred to in this Extension Work Letter herein as the “Plans.” Tenant shall be responsiblefor responsible for ensuring that all elements of the design of the Plans are suitable for Tenant’s use of the Premises, and neither the preparation of the Plans by the Architect or the Engineers nor Landlord’s approval of the Plans shall relieve Tenant from such responsibility. Landlord shall (a) cause the Plans, other than any Tenant Revision (defined in Section 2.7 below), to comply with Law; and (b) cause the Architect and the Engineers to usethe use the Required Level of Care (defined below) to cause the Plans any Tenant Revision to comply with lawLaw; provided, however,, that Tenant, not Landlord, shall be responsible for any violation of law by the Plans Law resulting fromTenantfrom Tenant’s use of the Premises for other than general office purposes. As used herein, “Required Level of Care” means the level of care that reputable architects and engineers customarily use to cause drawingsand drawings and specifications to comply with law Law where such drawings and specifications are prepared for spaces in buildings comparable in quality to the Building. Tenant shall be responsible for ensuring that the Plans comply any Tenant Revision complies with law Law to the extent Landlord is not expressly so responsible under this Section 2.1, and neitherthe neither the preparation of the Plans Tenant Revision by the Architect or the Engineers nor Landlord’s approval of the Plans Tenant Revision shall relieve Tenant from such responsibility. To the extent that either party (for purposes of this Exhibit A,B, the “Responsible Party”) is responsible under this Section 2.1 for causing any portion of the Plans to comply with law,Law, the Responsible Party may contest any alleged violation of Law in good faith, including by seeking awaiver a waiver or deferment of compliance, asserting any defense allowed by lawLaw, and exercising any right ofappeal of appeal (provided that the other party incurs no liability as a result of such contest and that, aftercompleting after completing such contest, the Responsible Party makes any modification to the Plans or any alteration tothe to the Premises that is necessary to comply with any final order or judgment).

Appears in 2 contracts

Samples: Office Lease (Extend Health Inc), Office Lease (Extend Health Inc)

Selection of Architect. Landlord Tenant shall retain Carrier Xxxxxxx as architect (the architect/space planner ("ARCHITECT") to prepare the architectural plans and drawings for purposes of this Exhibit A, the “Architect”Tenant Improvements in the Building in accordance with the Construction Schedule. Tenant shall have the right to replace Architect with another architect(s) from time to time at Tenant's discretion and the subject to Landlord's reasonable approval. Tenant shall also retain engineering consultants (for purposes of this Exhibit A, the “Engineers”"ENGINEERS") of selected by Tenant and subject to Landlord’s choice 's reasonable approval to prepare all architectural plans for the Premises and all engineering working drawings relating to the structural, mechanical, electrical, plumbing, HVAC, life-safetylifesafety, and sprinkler work of the Tenant Improvements. The parties acknowledge that Tenant's retention of the Engineers may be done in the Premisesconnection with a design/build format. The plans and drawings to be prepared by the Architect and the Engineers hereunder shall be referred to in this Extension Work Letter known collectively as the “Plans"CONSTRUCTION DRAWINGS." All Construction Drawings shall comply with the drawing format and specifications as reasonably determined by Landlord, and shall be subject to Landlord's approval which shall not be unreasonably withheld or delayed. Tenant shall be responsiblefor ensuring that all elements deemed to have approved any Construction Drawings submitted to Landlord for Landlord's approval. Tenant and Architect shall verify, in the field, the dimensions and conditions as shown in the relevant portions of Construction Drawings for the design of the Plans are suitable for Tenant’s use of the PremisesBase, Shell and neither the preparation of the Plans by the Architect or the Engineers nor Landlord’s approval of the Plans shall relieve Tenant from such responsibilityCore. Landlord shall cause the Contractor to assist Tenant's Architect in identifying any coordination or other construction issues relating to the Construction Drawings for the Base, Shell and Core. Landlord's review of the Engineers to usethe Required Level of Care (defined below) to cause the Plans to comply with law; providedConstruction Drawings, however,that Tenant, not Landlordas set forth in this Section 3, shall not imply Landlord's review of the same for quality, design, Code compliance or other like matters, but Landlord shall nevertheless inform Tenant of any deficiencies discovered. Accordingly, notwithstanding any Construction Drawings reviewed by Landlord or its consultants, and notwithstanding any advice or assistance which may be rendered to Tenant by EXHIBIT B -6- PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] Landlord or Landlord's consultants, Landlord shall have no liability whatsoever in connection therewith and shall not be responsible for any violation of law by omissions or errors contained in the Plans resulting fromTenant’s use of the Premises for other than general office purposes. As used herein, “Required Level of Care” means the level of care that reputable architects and engineers customarily use to cause drawingsand specifications to comply with law where such drawings and specifications Construction Drawings unless any omissions or errors are prepared for spaces in buildings comparable in quality to the Building. Tenant shall be responsible for ensuring that the Plans comply with law to the extent Landlord is not expressly so responsible under this Section 2.1, and neitherthe preparation of the Plans by the Architect or the Engineers nor Landlord’s approval of the Plans shall relieve Tenant from such responsibility. To the extent that either party (for purposes of this Exhibit A,the “Responsible Party”) is responsible under this Section 2.1 for causing the Plans to comply with law,the Responsible Party may contest any alleged violation of Law in good faith, including by seeking awaiver or deferment of compliance, asserting any defense allowed by law, and exercising any right ofappeal (provided that the other party incurs no liability as a result of such contest omissions or errors in the Construction Drawings for the Base, Shell and thatCore, aftercompleting such contest, and Tenant's waiver and indemnity set forth in Section 10.1 of the Responsible Party makes any modification Lease shall specifically apply to the Plans or any alteration tothe Premises that is necessary to comply with any final order or judgment)Construction Drawings.

Appears in 1 contract

Samples: Office Lease (Peregrine Systems Inc)

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Selection of Architect. Landlord shall retain the architect/space planner (for purposes of this Exhibit AB-2, the “Architect”) and the engineering consultants (for purposes of this Exhibit AB-2, the “Engineers”) of Landlord’s choice to prepare all architectural plans for the Premises and all engineering working drawings relating to the structural, mechanical, electrical, plumbing, HVAC, life-safety, and sprinkler work in the Premises. The plans and drawings to be prepared by the Architect and the Engineers shall be referred to in this Extension Suite 350 Work Letter as the “Plans.” Tenant shall be responsiblefor responsible for ensuring that all elements of the design of the Plans are suitable for Tenant’s use of the Premises, and neither the preparation of the Plans by the Architect or the Engineers nor Landlord’s approval of the Plans shall relieve Tenant from such responsibility. Landlord shall cause the Architect and the Engineers to usethe use the Required Level of Care (defined below) to cause the Plans to comply with lawLaw; provided, however,, that Tenant, not Landlord, shall be responsible for any violation of law Law by the Plans resulting fromTenantfrom Tenant’s use of the Premises for other than general office purposes. As used herein, “Required Level of Care” means the level of care that reputable architects and engineers customarily use to cause drawingsand drawings and specifications to comply with law Law where such drawings and specifications are prepared for spaces in buildings comparable in quality to the Building. Tenant shall be responsible for ensuring that the Plans comply with law Law to the extent Landlord is not expressly so responsible under this Section 2.1, and neitherthe neither the preparation of the Plans by the Architect or the Engineers nor Landlord’s approval of the Plans shall relieve Tenant from such responsibility. To the extent that either party (for purposes of this Exhibit A,B-2, the “Responsible Party”) is responsible under this Section 2.1 for causing the Plans to comply with law,Law, the Responsible Party may contest any alleged violation of Law in good faith, including by seeking awaiver a waiver or deferment of compliance, asserting any defense allowed by lawLaw, and exercising any right ofappeal of appeal (provided that the other party incurs no liability as a result of such contest and that, aftercompleting after completing such contest, the Responsible Party makes any modification to the Plans or any alteration tothe to the Premises that is necessary to comply with any final order or judgment).. Exhibit B

Appears in 1 contract

Samples: Office Lease (Digital Domain Media Group, Inc.)

Selection of Architect. Landlord Tenant has retained DGA Architects (the "Architect"), which Architect is hereby approved by Landlord, to prepare the Final Space Plan and Final Working Drawings as provided in Section 3.2 and 3.3, below. Tenant shall retain the architect/space planner (for purposes of this Exhibit A, the “Architect”) and the engineering consultants or design/build subcontractors designated by Tenant and reasonably approved in advance by Landlord (for purposes of this Exhibit A, the "Engineers") of Landlord’s choice to prepare all architectural plans for the Premises and all engineering working drawings relating to the structural, mechanical, electrical, plumbing, HVAC, life-safetylifesafety, and sprinkler work in the Premises, which work is not part of the Base Building. The If Landlord has not notified Tenant of Landlord's approval or disapproval of the Engineers within five (5) business days after Landlord's receipt of a request therefor from Tenant, then Tenant may deliver an additional notice to Landlord requesting Landlord's approval (the "Approval Notice"), and if Landlord does not notify Tenant of such approval or disapproval within two (2) business days following receipt of the Approval Notice, then Landlord shall be deemed to have approved the submitted Engineers. All such plans and drawings to be prepared shall comply with the drawing format and specifications reasonably determined by the Architect Landlord, and the Engineers shall be referred subject to Landlord's reasonable approval. Tenant and Architect shall verify, in the field, the dimensions and conditions as shown on the relevant portions of the Base Building plans, and Tenant and Architect shall be solely responsible for the same, and Landlord shall have no responsibility in connection therewith. Landlord's review of any plans or drawings as set forth in this Extension Work Letter as the “Plans.” Tenant shall be responsiblefor ensuring that all elements of the design of the Plans are suitable for Tenant’s use of the Premises, and neither the preparation of the Plans by the Architect or the Engineers nor Landlord’s approval of the Plans shall relieve Tenant from such responsibility. Landlord shall cause the Architect and the Engineers to usethe Required Level of Care (defined below) to cause the Plans to comply with law; provided, however,that Tenant, not LandlordSection 3, shall be responsible for any violation of law by the Plans resulting fromTenant’s use its sole purpose and shall not imply Landlord's review of the Premises same, or obligate Landlord to review the same, for quality, design, Code compliance or other than general office purposes. As used herein, “Required Level of Care” means the level of care that reputable architects and engineers customarily use to cause drawingsand specifications to comply with law where such drawings and specifications are prepared for spaces in buildings comparable in quality to the Building. Tenant shall be responsible for ensuring that the Plans comply with law to the extent Landlord is not expressly so responsible under this Section 2.1, and neitherthe preparation of the Plans by the Architect or the Engineers nor Landlord’s approval of the Plans shall relieve Tenant from such responsibility. To the extent that either party (for purposes of this Exhibit A,the “Responsible Party”) is responsible under this Section 2.1 for causing the Plans to comply with law,the Responsible Party may contest any alleged violation of Law in good faith, including by seeking awaiver or deferment of compliance, asserting any defense allowed by law, and exercising any right ofappeal (provided that the other party incurs no liability as a result of such contest and that, aftercompleting such contest, the Responsible Party makes any modification to the Plans or any alteration tothe Premises that is necessary to comply with any final order or judgment)like matters.

Appears in 1 contract

Samples: Lease (Portola Pharmaceuticals Inc)

Selection of Architect. Landlord shall retain and Tenant acknowledge that Landlord has retained the architect/space planner (for purposes of this Exhibit Aherein, the “Architect”) and the engineering consultants (for purposes of this Exhibit Aherein, the “Engineers”) of Landlord’s choice to prepare all architectural plans for the Premises and all engineering working drawings relating to the structural, mechanical, electrical, plumbing, HVAC, life-safety, and sprinkler work in the Premises. The plans and drawings to be prepared by the Architect and the Engineers shall be referred to in this Extension Work Letter as Premises (the “Plans.” ”). Tenant shall be responsiblefor responsible for ensuring that all elements of the design of the Plans are suitable for Tenant’s use of the Premises, and neither the preparation of the Plans by the Architect or the Engineers nor Landlord’s approval of the Plans shall relieve Tenant from such responsibility. Landlord shall (a) cause the Plans, other than any Revision (defined in Section 2.7 below), to comply with Law; and (b) cause the Architect and the Engineers to usethe use the Required Level of Care (defined below) to cause the Plans any Revision to comply with lawLaw; provided, however,, that Tenant, not Landlord, shall be responsible for any violation of law by the Plans Law resulting fromTenantfrom Tenant’s use of the Premises for other than general office purposes. As used herein, “Required Level of Care” means the level of care that reputable architects and engineers customarily use to cause drawingsand drawings and specifications to comply with law Law where such drawings and specifications are prepared for spaces in buildings comparable in quality to the Building. Tenant shall be responsible for ensuring that the Plans comply any Revision complies with law Law to the extent Landlord is not expressly so responsible under this Section 2.1, . and neitherthe neither the preparation of the Plans Revision by the Architect or the Engineers nor Landlord’s approval of the Plans Revision shall relieve Tenant from such responsibility. To the extent that either party (for purposes of this Exhibit A,herein, the “Responsible Party”) is responsible under this Section 2.1 for causing any portion of the Plans to comply with law,Law. the Responsible Party may contest any alleged violation of Law in good faith, including by seeking awaiver a waiver or deferment of compliance, asserting any defense allowed by lawLaw, and exercising any right ofappeal of appeal (provided that the other party incurs no liability as a result of such contest and that, aftercompleting after completing such contest, the Responsible Party makes any modification to the Plans or any alteration tothe to the Premises that is necessary to comply with any final order or judgmentjudgment ).

Appears in 1 contract

Samples: Office Lease (NeurogesX Inc)

Selection of Architect. Landlord Tenant shall retain the an architect/space planner (for purposes of this Exhibit A, the “Architect”) approved in advance by Landlord (which approval shall not be unreasonably withheld) to prepare the Final Space Plan and Final Working Drawings as provided in Section 3.2 and 3.3, below. Tenant shall retain the engineering consultants or design/build subcontractors designated by Tenant and reasonably approved in advance by Landlord (for purposes of this Exhibit A, the “Engineers”) of Landlord’s choice to prepare all architectural plans for the Premises and all engineering working drawings relating to the structural, mechanical, electrical, plumbing, HVAC, life-safetylifesafety, and sprinkler work in the Expansion Premises, which work is not part of the Base Building. The At Tenant’s election, the “Contractor” (as that term is defined in Section 4.1 of this Tenant Work Letter) may provide design-build services from qualified mechanical, electrical, plumbing, HVAC, lifesafety and fire protection contractors approved by Landlord (such approval not to be unreasonably withheld, conditioned or delayed, provided that it shall be deemed reasonable for Landlord to withhold approval for any contractor that is not union labor in compliance with the then existing master labor agreements) for the preparation of plans and engineering working drawings related to the Tenant Improvements, in lieu of the Architect and Engineers, provided, that Landlord pre-approves (to the extent that the following are union labor in compliance with the then existing master labor agreements) the following: XX Xxxxxx & Sons, Inc. (general contractor), Xxxxxx Electric, Xxxxxxxx Plumbing, Western Allied (HVAC), and Walschon Fire Protection. All such plans and drawings to be prepared shall comply with the drawing format and specifications reasonably determined by the Architect Landlord, and the Engineers shall be referred subject to Landlord’s reasonable approval. Tenant and Architect shall verify, in the field, the dimensions and conditions as shown on the relevant portions of the Base Building plans, and Tenant and Architect shall be solely responsible for the same, and Landlord shall have no responsibility in connection therewith. Landlord’s review of any plans or drawings as set forth in this Extension Work Letter as the “Plans.” Tenant shall be responsiblefor ensuring that all elements of the design of the Plans are suitable for Tenant’s use of the Premises, and neither the preparation of the Plans by the Architect or the Engineers nor Landlord’s approval of the Plans shall relieve Tenant from such responsibility. Landlord shall cause the Architect and the Engineers to usethe Required Level of Care (defined below) to cause the Plans to comply with law; provided, however,that Tenant, not LandlordSection 3, shall be responsible for any violation of law by the Plans resulting fromTenantits sole purpose and shall not imply Landlord’s use review of the Premises same, or obligate Landlord to review the same, for quality, design, Code compliance or other than general office purposes. As used herein, “Required Level of Care” means the level of care that reputable architects and engineers customarily use to cause drawingsand specifications to comply with law where such drawings and specifications are prepared for spaces in buildings comparable in quality to the Building. Tenant shall be responsible for ensuring that the Plans comply with law to the extent Landlord is not expressly so responsible under this Section 2.1, and neitherthe preparation of the Plans by the Architect or the Engineers nor Landlord’s approval of the Plans shall relieve Tenant from such responsibility. To the extent that either party (for purposes of this Exhibit A,the “Responsible Party”) is responsible under this Section 2.1 for causing the Plans to comply with law,the Responsible Party may contest any alleged violation of Law in good faith, including by seeking awaiver or deferment of compliance, asserting any defense allowed by law, and exercising any right ofappeal (provided that the other party incurs no liability as a result of such contest and that, aftercompleting such contest, the Responsible Party makes any modification to the Plans or any alteration tothe Premises that is necessary to comply with any final order or judgment)like matters.

Appears in 1 contract

Samples: Lease (Five Prime Therapeutics Inc)

Selection of Architect. Landlord shall retain the architect/space planner (for purposes of this Exhibit A, the “Architect”) and the engineering consultants (for purposes of this Exhibit A, the “Engineers”) of Landlord’s choice to prepare all architectural plans for the Premises and all engineering working drawings Construction Drawings relating to the structural, mechanical, electrical, plumbing, HVAC, life-safety, and sprinkler work in the Premises. The plans and drawings to be prepared by the Architect and the Engineers shall be referred to in this Extension Work Letter herein as the “Plans.” Tenant shall be responsiblefor responsible for ensuring that all elements of the design of the Plans are suitable for Tenant’s use of the Premises, and neither the preparation of the Plans by the Architect or the Engineers nor Landlord’s approval of the Plans shall relieve Tenant from such responsibility. Landlord shall (a) cause the Plans, other than any Tenant Revision (defined in Section 2.7 below), to comply with Law; and (b) cause the Architect and the Engineers to usethe use the Required Level of Care (defined below) to cause the Plans any Tenant Revision to comply with lawLaw; provided, however,, that Tenant, not Landlord, shall be responsible for any violation of law by the Plans Law resulting fromTenantfrom Tenant’s use of the Premises for other than general office purposes. As used herein, “Required Level of Care” means the level of care that reputable architects and engineers customarily use to cause drawingsand drawings and specifications to comply with law Law where such drawings and specifications are prepared for spaces in buildings comparable in quality to the Building. Tenant shall be responsible for ensuring that the Plans comply any Tenant Revision complies with law Law to the extent Landlord is not expressly so responsible under this Section 2.1, and neitherthe neither the preparation of the Plans Tenant Revision by the Architect or the Engineers nor Landlord’s approval of the Plans Tenant Revision shall relieve Tenant from such responsibility. To the extent that either party (for purposes of this Exhibit A,the “Responsible Party”) is responsible under this Section 2.1 for causing any portion of the Plans to comply with law,Law, the Responsible Party may contest any alleged violation of Law in good faith, including by seeking awaiver a waiver or deferment of compliance, asserting any defense allowed by lawLaw, and exercising any right ofappeal of appeal (provided that the other party incurs no liability as a result of such contest and that, aftercompleting after completing such contest, the Responsible Party makes any modification to the Plans or any alteration tothe to the Premises that is necessary to comply with any final order or judgment).

Appears in 1 contract

Samples: Office Lease (Graphon Corp/De)

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