Space Planner. (a) Tenant shall contract directly with Jackson & Bryan (the "Space Planner") to prepare the Space Plan the Xxxxx xnd Xxxxxfications and other architectural documentation (collectively, the "Design Documents") and to provide other space planning services in connection with the Tenant Improvements. (b) Tenant and the Space Planner shall be solely responsible for ensuring that the Design Documents are architecturally sound and fully comply with all applicable building codes, rules, regulations, ordinances and other applicable laws. Tenant shall indemnify, defend and hold Landlord and its Indemnitees harmless from all damages, liabilities, claims, penalties, fines, costs and expenses (including attorneys' fees and costs incurred in connection therewith or to enforce this indemnity agreement) arising from or relating to any defects in the Design Documents or the failure of the Design Documents to comply with all applicable building codes, rules, regulations, ordinances or other laws. (c) Landlord will disburse payments from the Tenant Improvement Allowance to the Space Planner, subject to the Architectural Cap, within thirty (30) days after presentation of invoices and lien releases and waivers reasonably satisfactory to Landlord. (d) Tenant shall meet with the Space Planner as soon as reasonably possible following the execution of the Lease for the purpose of advising the Space Planner of the nature and extent of the Tenant Improvements which Tenant requests. On or before June 19, 1996, Tenant shall cause the Space Planner to prepare and deliver to Landlord a space layout and improvement plan for the Premises which shall have been previously approved by Tenant (the "Space Plan"). The Space Plan and the Final Plans and Specifications shall be attached to the Lease as Exhibit D. (e) Within twenty-one (21) days after Landlord's approval of the Space Plan, Tenant shall cause the Space Planner to prepare and deliver to Landlord the plans and specifications (the "Plans and Specifications") for the Tenant Improvements which shall have been previously approved by Tenant. The Plans and Specifications shall include complete architectural drawings and specifications required to construct the Tenant Improvements, including detailed plans for doors, partitioning, reflected ceilings, electrical fixtures, outlets and switches, telephone and computer outlets, plumbing fixtures, extraordinary floor loads and other special requirements. (f) All Design Documents are subject to Landlord's prior written approval, which the Landlord agrees shall not be unreasonably withheld, delayed or conditioned. If Landlord disapproves any Design Documents, Tenant shall cause the Space Planner to deliver revised Design Documents to Landlord within ten (10) days. Without limiting the foregoing, Landlord may withhold its approval of any Design Documents which require work which: (i) exceeds or affects the structural integrity of the Building or any part of the heating, ventilating, air conditioning, plumbing, mechanical, electrical, communication or other systems of the Building; (ii) violates any agreement which affects the Building or which binds Landlord; (iii) Landlord reasonably believes will disproportionately increase the cost of operation or maintenance of any of the systems of the Building; (iv) Landlord reasonably believes will materially reduce the market value of the Building at the end of the Lease Term; (v) does not conform to applicable building codes or is not approved by any governmental authority with jurisdiction over the Premises and/or the Building; or (vi) does not conform to the standards prepared by Landlord, includes designs that are not generic or upgrades which are specialized, or requires demolition of existing improvements or improvements that may adversely impact the Building. Any upgrades or specialized improvements shall be detailed and specified on an initial single line hand sketch to be approved by Landlord before any such items may charged against the Tenant Improvement Allowance. (g) Landlord's review and approval of any Design Documents for the Tenant Improvements shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with laws, rules, and regulations of governmental agencies or authorities and shall not relieve Tenant of its obligations under Section 2(b). Landlord makes no warranty or representation as to the adequacy, efficiency, performance or desirability of the Tenant Improvements. (h) After approval of the Plans and Specifications, Tenant may authorize changes in the work during construction only by written instructions from Tenant to Landlord on a form approved by Landlord. All such changes shall be subject to Landlord's prior written approval. Tenant shall be solely responsible for the cost of any such changes, and such costs shall be chargeable against the Tenant Improvement Allowance provided Landlord consents to such requested change. Prior to commencing any change, Landlord shall prepare and deliver to Tenant, for Tenant's approval, a change order (the "Change Order") setting forth the additional time required to perform the change and the total cost of such change, which will include associated architectural, engineering and construction contractor's fees. If Tenant fails to approve such Change Order in writing within two (2) business days after such delivery by Landlord, Tenant shall be deemed to have withdrawn the proposed Change Order and Landlord shall not proceed to perform the change. Upon Landlord's receipt of Tenant's approval, Contractor shall proceed to perform the change and Tenant shall pay for such Change Order in accordance with Section 1 (d) above. Notwithstanding any minor change order request(s), in the event Tenant substantially changes the scope of work, Landlord reserves the right to charge a reasonable administration fee not to exceed Forty and No/1 00ths ($40.00) Dollars per hour relating to the administration of the change order(s). Upon Landlord's approval of change orders, it shall state the fee, if applicable, and then Tenant shall pay Landlord the fee within ten (10) days of written commencement of the change order. Change orders caused by existing conditions or unknown conditions shall be excepted from Landlord's fees.
Appears in 1 contract
Space Planner. (a) Tenant shall contract directly with Jackson Jackxxx & Bryan Xryax (the xxe "Space Planner") to prepare the Space Plan the Xxxxx xnd Xxxxxfications Plans and Specifications and other architectural documentation (collectively, the "Design Documents") and to provide other space planning services in connection with the Tenant Improvements.
(b) Tenant and the Space Planner shall be solely responsible for ensuring that the Design Documents are architecturally sound and fully comply with all applicable building codes, rules, regulations, ordinances and other applicable laws. Tenant shall indemnify, defend and hold Landlord and its Indemnitees harmless from all damages, liabilities, claims, penalties, fines, costs and expenses (including attorneys' fees and costs incurred in connection therewith or to enforce this indemnity agreement) arising from or relating to any defects in the Design Documents or the failure of the Design Documents to comply with all applicable building codes, rules, regulations, ordinances or other laws.
(c) Landlord will disburse payments from the Tenant Improvement Allowance to the Space Planner, subject to the Architectural Cap, within thirty (30) days after presentation of invoices and lien releases and waivers reasonably satisfactory to Landlord.
(d) Tenant shall meet with the Space Planner as soon as reasonably possible following the execution of the Lease for the purpose of advising the Space Planner of the nature and extent of the Tenant Improvements which Tenant requests. On or before June 19, 1996, Tenant shall cause the Space Planner to prepare and deliver to Landlord a space layout and improvement plan for the Premises which shall have been previously approved by Tenant (the "Space Plan"). The Space Plan and the Final Plans and Specifications shall be attached to the Lease as Exhibit D.
(e) Within twenty-one (21) days after Landlord's approval of the Space Plan, Tenant shall cause the Space Planner to prepare and deliver to Landlord the plans and specifications (the "Plans and Specifications") for the Tenant Improvements which shall have been previously approved by Tenant. The Plans and Specifications shall include complete architectural drawings and specifications required to construct the Tenant Improvements, including detailed plans for doors, partitioning, reflected ceilings, electrical fixtures, outlets and switches, telephone and computer outlets, plumbing fixtures, extraordinary floor loads and other special requirements.
(f) All Design Documents are subject to Landlord's prior written approval, which the Landlord agrees shall not be unreasonably withheld, delayed or conditioned. If Landlord disapproves any Design Documents, Tenant shall cause the Space Planner to deliver revised Design Documents to Landlord within ten (10) days. Without limiting the foregoing, Landlord may withhold its approval of any Design Documents which require work which:
(i) exceeds or affects the structural integrity of the Building or any part of the heating, ventilating, air conditioning, plumbing, mechanical, electrical, communication or other systems of the Building;
(ii) violates any agreement which affects the Building or which binds Landlord;
(iii) Landlord reasonably believes will disproportionately increase the cost of operation or maintenance of any of the systems of the Building;
(iv) Landlord reasonably believes will materially reduce the market value of the Building at the end of the Lease Term;
(v) does not conform to applicable building codes or is not approved by any governmental authority with jurisdiction over the Premises and/or the Building; or
(vi) does not conform to the standards prepared by Landlord, includes designs that are not generic or upgrades which are specialized, or requires demolition of existing improvements or improvements that may adversely impact the Building. Any upgrades or specialized improvements shall be detailed and specified on an initial single line hand sketch to be approved by Landlord before any such items may charged against the Tenant Improvement Allowance.
(g) Landlord's review and approval of any Design Documents for the Tenant Improvements shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with laws, rules, and regulations of governmental agencies or authorities and shall not relieve Tenant of its obligations under Section 2(b). Landlord makes no warranty or representation as to the adequacy, efficiency, performance or desirability of the Tenant Improvements.
(h) After approval of the Plans and Specifications, Tenant may authorize changes in the work during construction only by written instructions from Tenant to Landlord on a form approved by Landlord. All such changes shall be subject to Landlord's prior written approval. Tenant shall be solely responsible for the cost of any such changes, and such costs shall be chargeable against the Tenant Improvement Allowance provided Landlord consents to such requested change. Prior to commencing any change, Landlord shall prepare and deliver to Tenant, for Tenant's approval, a change order (the "Change Order") setting forth the additional time required to perform the change and the total cost of such change, which will include associated architectural, engineering and construction contractor's fees. If Tenant fails to approve such Change Order in writing within two (2) business days after such delivery by Landlord, Tenant shall be deemed to have withdrawn the proposed Change Order and Landlord shall not proceed to perform the change. Upon Landlord's receipt of Tenant's approval, Contractor shall proceed to perform the change and Tenant shall pay for such Change Order in accordance with Section 1 (d) above. Notwithstanding any minor change order request(s), in the event Tenant substantially changes the scope of work, Landlord reserves the right to charge a reasonable administration fee not to exceed Forty and No/1 00ths ($40.00) Dollars per hour relating to the administration of the change order(s). Upon Landlord's approval of change orders, it shall state the fee, if applicable, and then Tenant shall pay Landlord the fee within ten (10) days of written commencement of the change order. Change orders caused by existing conditions or unknown conditions shall be excepted from Landlord's fees.
Appears in 1 contract
Space Planner. (a) Tenant shall contract directly with Jackson & Bryan Landlord has retained a space planner (the "“Space Planner"”) to prepare the Space Plan the Xxxxx xnd Xxxxxfications and other architectural documentation (collectivelycertain plans, the "Design Documents") and to provide other space planning services in connection with the Tenant Improvements.
(b) Tenant and the Space Planner shall be solely responsible for ensuring that the Design Documents are architecturally sound and fully comply with all applicable building codes, rules, regulations, ordinances and other applicable laws. Tenant shall indemnify, defend and hold Landlord and its Indemnitees harmless from all damages, liabilities, claims, penalties, fines, costs and expenses (including attorneys' fees and costs incurred in connection therewith or to enforce this indemnity agreement) arising from or relating to any defects in the Design Documents or the failure of the Design Documents to comply with all applicable building codes, rules, regulations, ordinances or other laws.
(c) Landlord will disburse payments from the Tenant Improvement Allowance to the Space Planner, subject to the Architectural Cap, within thirty (30) days after presentation of invoices and lien releases and waivers reasonably satisfactory to Landlord.
(d) Tenant shall meet with the Space Planner as soon as reasonably possible following the execution of the Lease for the purpose of advising the Space Planner of the nature and extent of the Tenant Improvements which Tenant requests. On or before June 19, 1996, Tenant shall cause the Space Planner to prepare and deliver to Landlord a space layout and improvement plan for the Premises which shall have been previously approved by Tenant (the "Space Plan"). The Space Plan and the Final Plans and Specifications shall be attached to the Lease as Exhibit D.
(e) Within twenty-one (21) days after Landlord's approval of the Space Plan, Tenant shall cause the Space Planner to prepare and deliver to Landlord the plans drawings and specifications (the "Plans and Specifications"“Temporary Plans”) for the Tenant construction of Suite 101 Expansion Improvements which shall have been previously approved to be installed in the Suite 101 Expansion Space by Tenanta general contractor selected by Landlord pursuant to this Work Letter. The Plans and Specifications shall include complete architectural drawings and specifications required to construct the Tenant Improvements, including detailed plans for doors, partitioning, reflected ceilings, electrical fixtures, outlets and switches, telephone and computer outlets, plumbing fixtures, extraordinary floor loads and other special requirements.
(f) All Design Documents are subject to Landlord's prior written approval, which the Landlord agrees shall not be unreasonably withheld, delayed or conditioned. If Landlord disapproves any Design Documents, Tenant shall cause the deliver to Space Planner to deliver revised Design Documents to Landlord within ten (10) days. Without limiting days after the foregoing, Landlord may withhold its approval execution of any Design Documents which require work which:
(i) exceeds or affects this Second Amendment all necessary information required by the structural integrity of Space Planner to complete the Building or any part of the heating, ventilating, air conditioning, plumbing, mechanical, electrical, communication or other systems of the Building;
(ii) violates any agreement which affects the Building or which binds Landlord;
(iii) Landlord reasonably believes will disproportionately increase the cost of operation or maintenance of any of the systems of the Building;
(iv) Landlord reasonably believes will materially reduce the market value of the Building at the end of the Lease Term;
(v) does not conform to applicable building codes or is not approved by any governmental authority with jurisdiction over the Premises and/or the Building; or
(vi) does not conform to the standards prepared by Landlord, includes designs that are not generic or upgrades which are specialized, or requires demolition of existing improvements or improvements that may adversely impact the Building. Any upgrades or specialized improvements shall be detailed and specified on an initial single line hand sketch to be approved by Landlord before any such items may charged against the Tenant Improvement Allowance.
(g) Landlord's review and approval of any Design Documents for the Tenant Improvements shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with laws, rules, and regulations of governmental agencies or authorities and shall not relieve Tenant of its obligations under Section 2(b). Landlord makes no warranty or representation as to the adequacy, efficiency, performance or desirability of the Tenant Improvements.
(h) After approval of the Plans and Specifications, Tenant may authorize changes in the work during construction only by written instructions from Tenant to Landlord on a form approved by Landlord. All such changes shall be subject to Landlord's prior written approvalTemporary Plans. Tenant shall be solely responsible for have five (5) business days after its receipt of the cost proposed Temporary Plans to review the same and notify Landlord in writing of any such comments or required changes, and such costs shall be chargeable against the Tenant Improvement Allowance provided Landlord consents or to such requested change. Prior to commencing any change, Landlord shall prepare and deliver to Tenant, for Tenant's approval, a change order (the "Change Order") setting forth the additional time required to perform the change and the total cost otherwise give its approval or disapproval of such change, which will include associated architectural, engineering and construction contractor's feesproposed Temporary Plans. If Tenant fails to give written comments to or approve the Temporary Plans within such Change Order in writing within two five (25) business days after such delivery by Landlordday period, then Tenant shall be deemed to have withdrawn approved the proposed Change Order and Temporary Plans as submitted. Landlord shall not proceed to perform the change. Upon Landlord's have five (5) business days following its receipt of Tenant's approval’s comments and objections to redraw the proposed Temporary Plans in compliance with Tenant’s request and to resubmit the same for Tenant’s final review and approval or comment within five (5) business days of Tenant’s receipt of such revised plans. Such process shall be repeated twice and if at such time final approval by Tenant of the proposed Temporary Plans has not been obtained, Contractor then Landlord shall proceed complete such Temporary Plans, at Tenant’s sole cost and expense, and it shall be deemed that Tenant has approved the Temporary Plans. Once Tenant has approved or has been deemed to perform have approved the change Temporary Plans, then the approved (or deemed approved) Temporary Plans shall be thereafter known as the “Final Plans”. The Final Plans shall include the complete and Tenant shall pay final layout, plans and specifications for such Change Order in accordance with Section 1 the Suite 101 Expansion Space showing all doors, light fixtures, electrical outlets, telephone outlets, wall coverings, plumbing improvements (d) above. Notwithstanding any minor change order request(sif any), data systems wiring, floor coverings, wall coverings, painting, any other improvements to the Suite 101 Expansion Space beyond the shell and core improvements provided by Landlord and any demolition of existing improvements in the event Tenant substantially changes Suite 101 Expansion Space. The improvements shown in the scope Final Plans shall (i) utilize Landlord’s building standard materials and methods of workconstruction, Landlord reserves (ii) be compatible with the right to charge a reasonable administration fee not to exceed Forty shell and No/1 00ths ($40.00) Dollars per hour relating to core improvements and the administration design, construction and equipment of the change order(s). Upon Landlord's approval of change orders, it shall state the fee, if applicableSuite 101 Expansion Space, and then Tenant shall pay Landlord the fee within ten (10iii) days of written commencement of the change order. Change orders caused by existing conditions or unknown conditions shall be excepted from Landlord's feescomply with all applicable laws, rules, regulations, codes and ordinances.
Appears in 1 contract
Samples: Office Lease (Eschelon Telecom Inc)
Space Planner. (a) Tenant shall contract directly with Jackson & Bryan Landlord has retained a space planner (the "“Space Planner"”) to prepare certain plans, drawings and specifications (the Space Plan the Xxxxx xnd Xxxxxfications and other architectural documentation (collectively, the "Design Documents"“Temporary Plans”) and to provide other space planning services in connection with the Tenant Improvements.
(b) Tenant and the Space Planner shall be solely responsible for ensuring that the Design Documents are architecturally sound and fully comply with all applicable building codes, rules, regulations, ordinances and other applicable laws. Tenant shall indemnify, defend and hold Landlord and its Indemnitees harmless from all damages, liabilities, claims, penalties, fines, costs and expenses (including attorneys' fees and costs incurred in connection therewith or to enforce this indemnity agreement) arising from or relating to any defects in the Design Documents or the failure of the Design Documents to comply with all applicable building codes, rules, regulations, ordinances or other laws.
(c) Landlord will disburse payments from the Tenant Improvement Allowance to the Space Planner, subject to the Architectural Cap, within thirty (30) days after presentation of invoices and lien releases and waivers reasonably satisfactory to Landlord.
(d) Tenant shall meet with the Space Planner as soon as reasonably possible following the execution of the Lease for the purpose of advising the Space Planner of the nature and extent construction of the Tenant Improvements which Tenant requeststo be installed in the Premises by a general contractor selected by Landlord pursuant to this Work Letter, subject to Tenant’s reasonable approval, including without limitation reviewing the Architect’s work proposal in order to confirm that the estimated costs and fees are consistent with the market. On or before June 19, 1996, Tenant shall cause the deliver to Space Planner to prepare and deliver to Landlord a space layout and improvement plan for the Premises which shall have been previously approved by Tenant (the "Space Plan"). The Space Plan and the Final Plans and Specifications shall be attached to the Lease as Exhibit D.
(e) Within twenty-one (21) days after Landlord's approval of the Space Plan, Tenant shall cause the Space Planner to prepare and deliver to Landlord the plans and specifications (the "Plans and Specifications") for the Tenant Improvements which shall have been previously approved by Tenant. The Plans and Specifications shall include complete architectural drawings and specifications required to construct the Tenant Improvements, including detailed plans for doors, partitioning, reflected ceilings, electrical fixtures, outlets and switches, telephone and computer outlets, plumbing fixtures, extraordinary floor loads and other special requirements.
(f) All Design Documents are subject to Landlord's prior written approval, which the Landlord agrees shall not be unreasonably withheld, delayed or conditioned. If Landlord disapproves any Design Documents, Tenant shall cause the Space Planner to deliver revised Design Documents to Landlord within ten (10) days. Without limiting days after the foregoing, Landlord may withhold its approval execution of any Design Documents which require work which:
(i) exceeds or affects this Lease all necessary information required by the structural integrity of Space Planner to complete the Building or any part of the heating, ventilating, air conditioning, plumbing, mechanical, electrical, communication or other systems of the Building;
(ii) violates any agreement which affects the Building or which binds Landlord;
(iii) Landlord reasonably believes will disproportionately increase the cost of operation or maintenance of any of the systems of the Building;
(iv) Landlord reasonably believes will materially reduce the market value of the Building at the end of the Lease Term;
(v) does not conform to applicable building codes or is not approved by any governmental authority with jurisdiction over the Premises and/or the Building; or
(vi) does not conform to the standards prepared by Landlord, includes designs that are not generic or upgrades which are specialized, or requires demolition of existing improvements or improvements that may adversely impact the Building. Any upgrades or specialized improvements shall be detailed and specified on an initial single line hand sketch to be approved by Landlord before any such items may charged against the Tenant Improvement Allowance.
(g) Landlord's review and approval of any Design Documents for the Tenant Improvements shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with laws, rules, and regulations of governmental agencies or authorities and shall not relieve Tenant of its obligations under Section 2(b). Landlord makes no warranty or representation as to the adequacy, efficiency, performance or desirability of the Tenant Improvements.
(h) After approval of the Plans and Specifications, Tenant may authorize changes in the work during construction only by written instructions from Tenant to Landlord on a form approved by Landlord. All such changes shall be subject to Landlord's prior written approvalTemporary Plans. Tenant shall be solely responsible for have five (5) business days after its receipt of the cost proposed Temporary Plans to review the same and notify Landlord in writing of any such comments or required changes, and such costs shall be chargeable against the Tenant Improvement Allowance provided Landlord consents or to such requested change. Prior to commencing any change, Landlord shall prepare and deliver to Tenant, for Tenant's approval, a change order (the "Change Order") setting forth the additional time required to perform the change and the total cost otherwise give its approval or disapproval of such change, which will include associated architectural, engineering and construction contractor's feesproposed Temporary Plans. If Tenant fails to give written comments to or approve the Temporary Plans within such Change Order in writing within two five (25) business days after such delivery by Landlordday period, then Tenant shall be deemed to have withdrawn approved the proposed Change Order and Temporary Plans as submitted. Landlord shall not proceed to perform the change. Upon Landlord's have five (5) business days following its receipt of Tenant's approval’s comments and objections to redraw the proposed Temporary Plans in compliance with Tenant’s request and to resubmit the same for Tenant’s final review and approval or comment within five (5) business days of Tenant’s receipt of such revised plans. Such process shall be repeated five (5) times, Contractor shall proceed to perform the change as necessary, and if after such fifth time, final approval by Tenant shall pay for such Change Order in accordance with Section 1 (d) above. Notwithstanding any minor change order request(s), in the event Tenant substantially changes the scope of work, Landlord reserves the right to charge a reasonable administration fee not to exceed Forty and No/1 00ths ($40.00) Dollars per hour relating to the administration of the change order(s). Upon Landlord's approval of change ordersproposed Temporary Plans has not been obtained, it shall state the fee, if applicable, and then Tenant shall pay all costs thereafter incurred by Landlord in connection with repeating such process for the fee within ten (10) days of written commencement sixth and any subsequent times, provided Landlord shall not unreasonably withhold its approval if such plans are consistent with typical office improvements in comparable buildings in the Northwest Austin Area, including the other buildings in Park Centre, taking into account the previous use and configuration of the change orderPremises, including the loading docks. Change orders caused by existing conditions Once Tenant has approved or unknown conditions has been deemed to have approved the Temporary Plans, then the approved (or deemed approved) Temporary Plans shall be excepted from thereafter known as the “Final Plans”. The Final Plans shall include the complete and final layout, plans and specifications for the Premises showing all doors, light fixtures, electrical outlets, telephone outlets, wall coverings, plumbing improvements (if any), data systems wiring, floor coverings, wall coverings, painting, any other improvements to the Premises beyond the shell and core improvements provided by Landlord and any demolition of existing improvements in the Premises. The improvements shown in the Final Plans shall (i) utilize Landlord's fees’s building standard materials and methods of construction, (ii) be compatible with the shell and core improvements and the design, construction and equipment of the Premises, and (iii) comply with all applicable laws, rules, regulations, codes and ordinances.
Appears in 1 contract
Space Planner. (a) Tenant shall contract directly with Jackson & Bryan Landlord has retained a space planner (the "Space Planner") to prepare the Space Plan the Xxxxx xnd Xxxxxfications certain plans, drawings and other architectural documentation specifications (collectively, the "Design DocumentsTemporary Plans") and to provide other space planning services in connection with for the construction of the Tenant Improvements.
(b) Tenant and Improvements to be installed in the Space Planner shall be solely responsible for ensuring that the Design Documents are architecturally sound and fully comply with all applicable building codes, rules, regulations, ordinances and other applicable lawsPremises by a general contractor selected by Landlord pursuant to this Work Letter. Tenant shall indemnify, defend and hold Landlord and its Indemnitees harmless from all damages, liabilities, claims, penalties, fines, costs and expenses (including attorneys' fees and costs incurred in connection therewith or deliver to enforce this indemnity agreement) arising from or relating to any defects in the Design Documents or the failure of the Design Documents to comply with all applicable building codes, rules, regulations, ordinances or other laws.
(c) Landlord will disburse payments from the Tenant Improvement Allowance to the Space Planner, subject to the Architectural Cap, Planner within thirty (30) days after presentation of invoices and lien releases and waivers reasonably satisfactory to Landlord.
(d) Tenant shall meet with the Space Planner as soon as reasonably possible following the execution of the Lease for the purpose of advising the Space Planner of the nature and extent of the Tenant Improvements which Tenant requests. On or before June 19, 1996, Tenant shall cause this Fourth Amendment all necessary information required by the Space Planner to prepare and deliver to Landlord a space layout and improvement plan for complete the Premises which Temporary Plans. Tenant shall have been previously approved by Tenant fifteen (the "Space Plan"). The Space Plan and the Final Plans and Specifications shall be attached to the Lease as Exhibit D.
(e) Within twenty-one (2115) days after Landlord's approval its receipt of the Space Planproposed Temporary Plans to review the same and notify Landlord in writing of any comments or required changes, Tenant shall cause the Space Planner or to prepare and deliver to Landlord the plans and specifications (the "Plans and Specifications") for the Tenant Improvements which shall have been previously approved by Tenant. The Plans and Specifications shall include complete architectural drawings and specifications required to construct the Tenant Improvements, including detailed plans for doors, partitioning, reflected ceilings, electrical fixtures, outlets and switches, telephone and computer outlets, plumbing fixtures, extraordinary floor loads and other special requirements.
(f) All Design Documents are subject to Landlord's prior written approval, which the Landlord agrees shall not be unreasonably withheld, delayed or conditioned. If Landlord disapproves any Design Documents, Tenant shall cause the Space Planner to deliver revised Design Documents to Landlord within ten (10) days. Without limiting the foregoing, Landlord may withhold otherwise give its approval of any Design Documents which require work which:
(i) exceeds or affects the structural integrity of the Building or any part of the heating, ventilating, air conditioning, plumbing, mechanical, electrical, communication or other systems of the Building;
(ii) violates any agreement which affects the Building or which binds Landlord;
(iii) Landlord reasonably believes will disproportionately increase the cost of operation or maintenance of any of the systems of the Building;
(iv) Landlord reasonably believes will materially reduce the market value of the Building at the end of the Lease Term;
(v) does not conform to applicable building codes or is not approved by any governmental authority with jurisdiction over the Premises and/or the Building; or
(vi) does not conform to the standards prepared by Landlord, includes designs that are not generic or upgrades which are specialized, or requires demolition of existing improvements or improvements that may adversely impact the Building. Any upgrades or specialized improvements shall be detailed and specified on an initial single line hand sketch to be approved by Landlord before any such items may charged against the Tenant Improvement Allowance.
(g) Landlord's review and approval of any Design Documents for the Tenant Improvements shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with laws, rules, and regulations of governmental agencies or authorities and shall not relieve Tenant of its obligations under Section 2(b). Landlord makes no warranty or representation as to the adequacy, efficiency, performance or desirability of the Tenant Improvements.
(h) After approval of the Plans and Specifications, Tenant may authorize changes in the work during construction only by written instructions from Tenant to Landlord on a form approved by Landlord. All such changes shall be subject to Landlord's prior written approval. Tenant shall be solely responsible for the cost of any such changes, and such costs shall be chargeable against the Tenant Improvement Allowance provided Landlord consents to such requested change. Prior to commencing any change, Landlord shall prepare and deliver to Tenant, for Tenant's approval, a change order (the "Change Order") setting forth the additional time required to perform the change and the total cost disapproval of such change, which will include associated architectural, engineering and construction contractor's feesproposed Temporary Plans. If Tenant fails to give written comments to or approve the Temporary Plans within such Change Order in writing within two fifteen (215) business days after such delivery by Landlordday period, then Tenant shall be deemed to have withdrawn approved the proposed Change Order and Temporary Plans as submitted. Landlord shall not proceed to perform the change. Upon Landlord's have fifteen (15) days following its receipt of Tenant's approval, Contractor shall proceed comments and objections to perform redraw the change proposed Temporary Plans in compliance with Tenant's request and Tenant shall pay to resubmit the same for such Change Order in accordance with Section 1 Tenant's final review and approval or comment within fifteen (d) above. Notwithstanding any minor change order request(s), in the event Tenant substantially changes the scope of work, Landlord reserves the right to charge a reasonable administration fee not to exceed Forty and No/1 00ths ($40.00) Dollars per hour relating to the administration of the change order(s). Upon Landlord's approval of change orders, it shall state the fee, if applicable, and then Tenant shall pay Landlord the fee within ten (1015) days of written commencement Tenant's receipt of such revised plans. Such process shall be repeated twice and if at such time final approval by Tenant of the change order. Change orders caused by existing conditions or unknown conditions proposed Temporary Plans has not been obtained, then Landlord shall complete such Temporary Plans, at Tenant's sole cost and expense, and it shall be excepted from deemed that Tenant has approved the Temporary Plans. Once Tenant has approved or has been deemed to have approved the Temporary Plans, then the approved (or deemed approved) Temporary Plans shall be thereafter known as the "Final Plans". The Final Plans shall include the complete and final layout, plans and specifications for the Premises showing all doors, light fixtures, electrical outlets, telephone outlets, wall coverings, plumbing improvements (if any), data systems wiring, floor coverings, wall coverings, painting, any other improvements to the Premises beyond the shell and core improvements provided by Landlord and any demolition of existing improvements in the Premises. The improvements shown in the Final Plans shall (i) utilize Landlord's feesbuilding standard materials and methods of construction, (ii) be compatible with the shell and core improvements and the design, construction and equipment of the Premises, and (iii) comply with all applicable laws, rules, regulations, codes and ordinances.
Appears in 1 contract
Space Planner. (a) Tenant shall contract directly with Jackson & Bryan Landlord has retained a space planner (the "“Space Planner"”) to prepare certain plans, drawings and specifications (the Space Plan the Xxxxx xnd Xxxxxfications and other architectural documentation (collectively, the "Design Documents"“Temporary Plans”) and to provide other space planning services in connection with the Tenant Improvements.
(b) Tenant and the Space Planner shall be solely responsible for ensuring that the Design Documents are architecturally sound and fully comply with all applicable building codes, rules, regulations, ordinances and other applicable laws. Tenant shall indemnify, defend and hold Landlord and its Indemnitees harmless from all damages, liabilities, claims, penalties, fines, costs and expenses (including attorneys' fees and costs incurred in connection therewith or to enforce this indemnity agreement) arising from or relating to any defects in the Design Documents or the failure of the Design Documents to comply with all applicable building codes, rules, regulations, ordinances or other laws.
(c) Landlord will disburse payments from the Tenant Improvement Allowance to the Space Planner, subject to the Architectural Cap, within thirty (30) days after presentation of invoices and lien releases and waivers reasonably satisfactory to Landlord.
(d) Tenant shall meet with the Space Planner as soon as reasonably possible following the execution of the Lease for the purpose of advising the Space Planner of the nature and extent construction of the Tenant Improvements which Tenant requeststo be installed in the Expansion Premises by a general contractor selected by Landlord pursuant to this Work Letter. On or before June 19, 1996, Tenant shall cause the deliver to Space Planner to prepare and deliver to Landlord a space layout and improvement plan for the Premises which shall have been previously approved by Tenant (the "Space Plan"). The Space Plan and the Final Plans and Specifications shall be attached to the Lease as Exhibit D.
(e) Within twenty-one (21) days after Landlord's approval of the Space Plan, Tenant shall cause the Space Planner to prepare and deliver to Landlord the plans and specifications (the "Plans and Specifications") for the Tenant Improvements which shall have been previously approved by Tenant. The Plans and Specifications shall include complete architectural drawings and specifications required to construct the Tenant Improvements, including detailed plans for doors, partitioning, reflected ceilings, electrical fixtures, outlets and switches, telephone and computer outlets, plumbing fixtures, extraordinary floor loads and other special requirements.
(f) All Design Documents are subject to Landlord's prior written approval, which the Landlord agrees shall not be unreasonably withheld, delayed or conditioned. If Landlord disapproves any Design Documents, Tenant shall cause the Space Planner to deliver revised Design Documents to Landlord within ten (10) days. Without limiting days after the foregoing, Landlord may withhold its approval execution of any Design Documents which require work which:
(i) exceeds or affects this Second Amendment all necessary information required by the structural integrity of Space Planner to complete the Building or any part of the heating, ventilating, air conditioning, plumbing, mechanical, electrical, communication or other systems of the Building;
(ii) violates any agreement which affects the Building or which binds Landlord;
(iii) Landlord reasonably believes will disproportionately increase the cost of operation or maintenance of any of the systems of the Building;
(iv) Landlord reasonably believes will materially reduce the market value of the Building at the end of the Lease Term;
(v) does not conform to applicable building codes or is not approved by any governmental authority with jurisdiction over the Premises and/or the Building; or
(vi) does not conform to the standards prepared by Landlord, includes designs that are not generic or upgrades which are specialized, or requires demolition of existing improvements or improvements that may adversely impact the Building. Any upgrades or specialized improvements shall be detailed and specified on an initial single line hand sketch to be approved by Landlord before any such items may charged against the Tenant Improvement Allowance.
(g) Landlord's review and approval of any Design Documents for the Tenant Improvements shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with laws, rules, and regulations of governmental agencies or authorities and shall not relieve Tenant of its obligations under Section 2(b). Landlord makes no warranty or representation as to the adequacy, efficiency, performance or desirability of the Tenant Improvements.
(h) After approval of the Plans and Specifications, Tenant may authorize changes in the work during construction only by written instructions from Tenant to Landlord on a form approved by Landlord. All such changes shall be subject to Landlord's prior written approvalTemporary Plans. Tenant shall be solely responsible for have five (5) business days after its receipt of the cost proposed Temporary Plans to review the same and notify Landlord in writing of any such comments or required changes, and such costs shall be chargeable against the Tenant Improvement Allowance provided Landlord consents or to such requested change. Prior to commencing any change, Landlord shall prepare and deliver to Tenant, for Tenant's approval, a change order (the "Change Order") setting forth the additional time required to perform the change and the total cost otherwise give its approval or disapproval of such change, which will include associated architectural, engineering and construction contractor's feesproposed Temporary Plans. If Tenant fails to give written comments to or approve the Temporary Plans within such Change Order in writing within two five (25) business days after such delivery by Landlordday period, then Tenant shall be deemed to have withdrawn approved the proposed Change Order and Temporary Plans as submitted. Landlord shall not proceed to perform the change. Upon Landlord's have five (5) business days following its receipt of Tenant's approval’s comments and objections to redraw the proposed Temporary Plans in compliance with Tenant’s request and to resubmit the same for Tenant’s final review and approval or comment within five (5) business days of Tenant’s receipt of such revised plans. Such process shall be repeated twice and if at such time final approval by Tenant of the proposed Temporary Plans has not been obtained, Contractor then Landlord shall proceed complete such Temporary Plans, at Tenant’s sole cost and expense, and it shall be deemed that Tenant has approved the Temporary Plans. Once Tenant has approved or has been deemed to perform have approved the change Temporary Plans, then the approved (or deemed approved) Temporary Plans shall be thereafter known as the “Final Plans”. The Final Plans shall include the complete and Tenant shall pay final layout, plans and specifications for such Change Order in accordance with Section 1 the Expansion Premises showing all doors, light fixtures, electrical outlets, telephone outlets, wall coverings, plumbing improvements (d) above. Notwithstanding any minor change order request(sif any), data systems wiring, floor coverings, wall coverings, painting, any other improvements to the Expansion Premises beyond the shell and core improvements provided by Landlord and any demolition of existing improvements in the event Tenant substantially changes Expansion Premises. The improvements shown in the scope Final Plans shall (i) utilize Landlord’s building standard materials and methods of workconstruction, Landlord reserves (ii) be compatible with the right to charge a reasonable administration fee not to exceed Forty shell and No/1 00ths ($40.00) Dollars per hour relating to core improvements and the administration design, construction and equipment of the change order(s). Upon Landlord's approval of change orders, it shall state the fee, if applicableExpansion Premises, and then Tenant shall pay Landlord the fee within ten (10iii) days of written commencement of the change order. Change orders caused by existing conditions or unknown conditions shall be excepted from Landlord's feescomply with all applicable laws, rules, regulations, codes and ordinances.
Appears in 1 contract
Space Planner. (a) Tenant shall contract directly with Jackson & Bryan has retained and Landlord has approved GBD Architects as space planner (the "“Space Planner"”) to prepare the Space Plan the Xxxxx xnd Xxxxxfications and other architectural documentation (collectively, the "Design Documents") and to provide other space planning services in connection with the Tenant Improvements.
(b) Tenant and the Space Planner has prepared certain plans, drawings and specifications (the “Temporary Plans”) for the construction of the Tenant Improvements to be installed in the Premises by R&H Construction as general contractor (the “General Contractor”) pursuant to this Work Letter. Landlord shall have five (5) business days after its receipt of the proposed Temporary Plans to review the same and notify Tenant in writing of any comments or required changes, or to otherwise give its approval or disapproval of such proposed Temporary Plans. If Landlord fails to give written comments to or approve the Temporary Plans within such five (5) business day period, then Tenant shall provide Landlord with a notice which shall contain in the heading, in at least 16 point font, the words “FINAL NOTICE—FAILURE TO OBJECT SHALL CONSTITUTE DEEMED APPROVAL OF THE PROPOSED TEMPORARY PLANS” (the “Temporary Plans Notice”). If Landlord does not object in writing to the proposed Temporary Plans, or any element or aspect thereof, within five (5) business days following Landlord’s actual receipt of the Temporary Plans Notice, then such Temporary Plans or the portions thereof not objected to by Landlord shall be solely responsible deemed approved by Landlord. Tenant shall have five (5) business days following its receipt of Landlord’s comments and objections to redraw the proposed Temporary Plans in compliance with Landlord’s request and to resubmit the same for ensuring that Landlord’s final review and approval or comment within five (5) business days of Landlord’s receipt of such revised plans. Such process shall be repeated until approval by Landlord of the Design Documents are architecturally sound proposed Temporary Plans has been obtained. The approved Temporary Plans shall be thereafter known as the “Final Plans”. The Final Plans shall include the complete and fully final layout, plans and specifications for the Premises showing all doors, light fixtures, electrical outlets, telephone outlets, wall coverings, plumbing improvements (if any), data systems wiring, floor coverings, wall coverings, painting, any other improvements to the Premises beyond the shell and core improvements provided by Landlord and any demolition of existing improvements in the Premises. The improvements shown in the Final Plans shall (i) utilize Landlord’s building standard materials and methods of construction, (ii) be compatible with the shell and core improvements and the design, construction and equipment of the Premises, and (iii) comply with all applicable building codeslaws, rules, regulations, ordinances codes and other applicable lawsordinances. Tenant shall indemnifyTenant, defend and hold Landlord and its Indemnitees harmless from all damages, liabilities, claims, penalties, fines, costs and expenses (including attorneys' fees and costs incurred in connection therewith or to enforce this indemnity agreement) arising from or relating to any defects in the Design Documents or the failure of the Design Documents to comply with all applicable building codes, rules, regulations, ordinances or other laws.
(c) Landlord will disburse payments from the Tenant Improvement Allowance to using the Space Planner, subject shall prepare or cause to be prepared and submitted the Architectural CapFinal Plans, within thirty (30) days after presentation of invoices concurrently, and lien releases and waivers reasonably satisfactory in each case by receipted courier or delivery service, to Landlord.
’s construction representative, _________________________, ______________________________, _________________________ (d) Tenant “Landlord’s Construction Representative”), and Landlord’s offices at ______________________________, _________________________, for Landlord’s review and approval, which shall meet be consistent with the Space Planner as soon as reasonably possible following the execution of the Lease for the purpose of advising the Space Planner of the nature and extent description of the Tenant Improvements which Tenant requests. On or before June 19, 1996, Tenant shall cause the Space Planner to prepare and deliver to Landlord a space layout and improvement plan for the Premises which shall have been previously approved by Tenant (the "Space Plan"). The Space Plan and the Final Plans and Specifications shall be attached to the Lease as Exhibit D.
(e) Within twenty-one (21) days after Landlord's approval of the Space Plan, Tenant shall cause the Space Planner to prepare and deliver to Landlord the plans and specifications (the "Plans and Specifications") for the Tenant Improvements which shall have been previously approved by Tenant. The Plans and Specifications shall include complete architectural drawings and specifications required to construct the Tenant Improvements, including detailed plans for doors, partitioning, reflected ceilings, electrical fixtures, outlets and switches, telephone and computer outlets, plumbing fixtures, extraordinary floor loads and other special requirements.
(f) All Design Documents are subject to Landlord's prior written approval, which the Landlord agrees shall not be unreasonably withheld, delayed or conditioned. If Landlord disapproves any Design Documents, Tenant shall cause the Space Planner to deliver revised Design Documents to Landlord within ten (10) days. Without limiting the foregoing, Landlord may withhold its approval of any Design Documents which require work which:
(i) exceeds or affects the structural integrity of the Building or any part of the heating, ventilating, air conditioning, plumbing, mechanical, electrical, communication or other systems of the Building;
(ii) violates any agreement which affects the Building or which binds Landlord;
(iii) Landlord reasonably believes will disproportionately increase the cost of operation or maintenance of any of the systems of the Building;
(iv) Landlord reasonably believes will materially reduce the market value of the Building at the end of the Lease Term;
(v) does not conform to applicable building codes or is not approved by any governmental authority with jurisdiction over the Premises and/or the Building; or
(vi) does not conform to the standards prepared by Landlord, includes designs that are not generic or upgrades which are specialized, or requires demolition of existing improvements or improvements that may adversely impact the Building. Any upgrades or specialized improvements shall be detailed and specified on an initial single line hand sketch to be approved by Landlord before any such items may charged against the Tenant Improvement Allowance.
(g) Landlord's review and approval of any Design Documents for the Tenant Improvements shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with laws, rules, and regulations of governmental agencies or authorities and shall not relieve Tenant of its obligations under Section 2(b). Landlord makes no warranty or representation as to the adequacy, efficiency, performance or desirability of the Tenant Improvements.
(h) After approval of the Plans and Specifications, Tenant may authorize changes set forth in the work during construction only by written instructions from Tenant to Landlord on a form approved by Landlord. All such changes shall be subject to Landlord's prior written approval. Tenant shall be solely responsible for the cost of any such changes, and such costs shall be chargeable against the Tenant Improvement Allowance provided Landlord consents to such requested change. Prior to commencing any change, Landlord shall prepare and deliver to Tenant, for Tenant's approval, a change order (the "Change Order") setting forth the additional time required to perform the change and the total cost of such change, which will include associated architectural, engineering and construction contractor's fees. If Tenant fails to approve such Change Order in writing within two (2) business days after such delivery by Landlord, Tenant shall be deemed to have withdrawn the proposed Change Order and Landlord shall not proceed to perform the change. Upon Landlord's receipt of Tenant's approval, Contractor shall proceed to perform the change and Tenant shall pay for such Change Order in accordance with Section 1 (d) above. Notwithstanding any minor change order request(s), in the event Tenant substantially changes the scope of work, Landlord reserves the right to charge a reasonable administration fee not to exceed Forty and No/1 00ths ($40.00) Dollars per hour relating to the administration of the change order(s). Upon Landlord's approval of change orders, it shall state the fee, if applicable, and then Tenant shall pay Landlord the fee within ten (10) days of written commencement of the change order. Change orders caused by existing conditions or unknown conditions shall be excepted from Landlord's feesTemporary Plans.
Appears in 1 contract
Samples: Lease Agreement (Schrodinger, Inc.)
Space Planner. (a) Tenant shall contract directly with Jackson & Bryan Landlord has retained a space planner (the "“Space Planner"”) to prepare the Space Plan the Xxxxx xnd Xxxxxfications and other architectural documentation (collectivelycertain plans, the "Design Documents") and to provide other space planning services in connection with the Tenant Improvements.
(b) Tenant and the Space Planner shall be solely responsible for ensuring that the Design Documents are architecturally sound and fully comply with all applicable building codes, rules, regulations, ordinances and other applicable laws. Tenant shall indemnify, defend and hold Landlord and its Indemnitees harmless from all damages, liabilities, claims, penalties, fines, costs and expenses (including attorneys' fees and costs incurred in connection therewith or to enforce this indemnity agreement) arising from or relating to any defects in the Design Documents or the failure of the Design Documents to comply with all applicable building codes, rules, regulations, ordinances or other laws.
(c) Landlord will disburse payments from the Tenant Improvement Allowance to the Space Planner, subject to the Architectural Cap, within thirty (30) days after presentation of invoices and lien releases and waivers reasonably satisfactory to Landlord.
(d) Tenant shall meet with the Space Planner as soon as reasonably possible following the execution of the Lease for the purpose of advising the Space Planner of the nature and extent of the Tenant Improvements which Tenant requests. On or before June 19, 1996, Tenant shall cause the Space Planner to prepare and deliver to Landlord a space layout and improvement plan for the Premises which shall have been previously approved by Tenant (the "Space Plan"). The Space Plan and the Final Plans and Specifications shall be attached to the Lease as Exhibit D.
(e) Within twenty-one (21) days after Landlord's approval of the Space Plan, Tenant shall cause the Space Planner to prepare and deliver to Landlord the plans drawings and specifications (the "Plans and Specifications"“Temporary Plans”) for the construction of Tenant Improvements which shall have been previously approved to be installed in the Leased Premises by Tenanta general contractor selected by Landlord pursuant to this Work Letter. The Plans and Specifications shall include complete architectural drawings and specifications required to construct the Tenant Improvements, including detailed plans for doors, partitioning, reflected ceilings, electrical fixtures, outlets and switches, telephone and computer outlets, plumbing fixtures, extraordinary floor loads and other special requirements.
(f) All Design Documents are subject to Landlord's prior written approval, which the Landlord agrees shall not be unreasonably withheld, delayed or conditioned. If Landlord disapproves any Design Documents, Tenant shall cause the deliver to Space Planner to deliver revised Design Documents to Landlord within ten (10) days. Without limiting days after the foregoing, Landlord may withhold its approval execution of any Design Documents which require work which:
(i) exceeds or affects this Lease all necessary information required by the structural integrity of Space Planner to complete the Building or any part of the heating, ventilating, air conditioning, plumbing, mechanical, electrical, communication or other systems of the Building;
(ii) violates any agreement which affects the Building or which binds Landlord;
(iii) Landlord reasonably believes will disproportionately increase the cost of operation or maintenance of any of the systems of the Building;
(iv) Landlord reasonably believes will materially reduce the market value of the Building at the end of the Lease Term;
(v) does not conform to applicable building codes or is not approved by any governmental authority with jurisdiction over the Premises and/or the Building; or
(vi) does not conform to the standards prepared by Landlord, includes designs that are not generic or upgrades which are specialized, or requires demolition of existing improvements or improvements that may adversely impact the Building. Any upgrades or specialized improvements shall be detailed and specified on an initial single line hand sketch to be approved by Landlord before any such items may charged against the Tenant Improvement Allowance.
(g) Landlord's review and approval of any Design Documents for the Tenant Improvements shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with laws, rules, and regulations of governmental agencies or authorities and shall not relieve Tenant of its obligations under Section 2(b). Landlord makes no warranty or representation as to the adequacy, efficiency, performance or desirability of the Tenant Improvements.
(h) After approval of the Plans and Specifications, Tenant may authorize changes in the work during construction only by written instructions from Tenant to Landlord on a form approved by Landlord. All such changes shall be subject to Landlord's prior written approvalTemporary Plans. Tenant shall be solely responsible for have five (5) business days after its receipt of the cost proposed Temporary Plans to review the same and notify Landlord in writing of any such comments or required changes, and such costs shall be chargeable against the Tenant Improvement Allowance provided Landlord consents or to such requested change. Prior to commencing any change, Landlord shall prepare and deliver to Tenant, for Tenant's approval, a change order (the "Change Order") setting forth the additional time required to perform the change and the total cost otherwise give its approval or disapproval of such change, which will include associated architectural, engineering and construction contractor's feesproposed Temporary Plans. If Tenant fails to give written comments to or approve the Temporary Plans within such Change Order in writing within two five (25) business days after such delivery by Landlordday period, then Tenant shall be deemed to have withdrawn approved the proposed Change Order and Temporary Plans as submitted. Landlord shall not proceed to perform the change. Upon Landlord's have five (5) business days following its receipt of Tenant's approval’s comments and objections to redraw the proposed Temporary Plans in compliance with Tenant’s request and to resubmit the same for Tenant’s final review and approval or comment within five (5) business days of Tenant’s receipt of such revised plans. Such process shall be repeated twice and if at such time final approval by Tenant of the proposed Temporary Plans has not been obtained, Contractor then Landlord shall proceed complete such Temporary Plans, at Tenant’s sole cost and expense, and it shall be deemed that Tenant has approved the Temporary Plans. Once Tenant has approved or has been deemed to perform have approved the change Temporary Plans, then the approved (or deemed approved) Temporary Plans shall be thereafter known as the “Final Plans”. The Final Plans shall include the complete and Tenant shall pay final layout, plans and specifications for such Change Order in accordance with Section 1 the Leased Premises showing all doors, light fixtures, electrical outlets, telephone outlets, wall coverings, plumbing improvements (d) above. Notwithstanding any minor change order request(sif any), data systems wiring, floor coverings, wall coverings, painting, any other improvements to the Leased Premises beyond the shell and core improvements provided by Landlord and any demolition of existing improvements in the event Tenant substantially changes Leased Premises. The improvements shown in the scope Final Plans shall (i) utilize Landlord’s building standard materials and methods of workconstruction, Landlord reserves (ii) be compatible with the right to charge a reasonable administration fee not to exceed Forty shell and No/1 00ths ($40.00) Dollars per hour relating to core improvements and the administration design, construction and equipment of the change order(s). Upon Landlord's approval of change orders, it shall state the fee, if applicableLeased Premises, and then Tenant shall pay Landlord the fee within ten (10iii) days of written commencement of the change order. Change orders caused by existing conditions or unknown conditions shall be excepted from Landlord's feescomply with all applicable laws, rules, regulations, codes and ordinances.
Appears in 1 contract
Samples: Lease Agreement (Sulphco Inc)
Space Planner. (a) Tenant Landlord has retained or shall contract directly with Jackson & Bryan retain a space planner or architect (the "“Space Planner"”) to prepare certain plans, drawings and specifications (the Space Plan “Temporary Plans”) for the Xxxxx xnd Xxxxxfications construction of the First Amendment Improvements to be installed in the Expansion Premises by a general contractor selected pursuant to this Work Letter. Landlord and other architectural documentation (collectively, the "Design Documents") and to provide other space planning services in connection with the Tenant Improvements.
(b) Tenant and hereby agree that the Space Planner shall be solely responsible View Design Studio (“View Design”); provided that, in the event that View Design is not available to prepare the plans and drawings for ensuring that the First Amendment Improvements as contemplated herein, or View Design’s schedule does not permit View Design Documents are architecturally sound and fully comply with all applicable building codesto do so in a timely fashion, rules, regulations, ordinances and other applicable lawsthen Landlord may designate another architect or space planner as the Space Planner. Tenant shall indemnify, defend and hold Landlord and its Indemnitees harmless from all damages, liabilities, claims, penalties, fines, costs and expenses (including attorneys' fees and costs incurred in connection therewith or deliver to enforce this indemnity agreement) arising from or relating to any defects in the Design Documents or the failure of the Design Documents to comply with all applicable building codes, rules, regulations, ordinances or other laws.
(c) Landlord will disburse payments from the Tenant Improvement Allowance to the Space Planner, subject to the Architectural Cap, within thirty (30) days after presentation of invoices and lien releases and waivers reasonably satisfactory to Landlord.
(d) Tenant shall meet with the Space Planner as soon as reasonably possible following the execution of the Lease for the purpose of advising the Space Planner of the nature and extent of the Tenant Improvements which Tenant requests. On or before June 19, 1996, Tenant shall cause the Space Planner to prepare and deliver to Landlord a space layout and improvement plan for the Premises which shall have been previously approved by Tenant (the "Space Plan"). The Space Plan and the Final Plans and Specifications shall be attached to the Lease as Exhibit D.
(e) Within twenty-one (21) days after Landlord's approval of the Space Plan, Tenant shall cause the Space Planner to prepare and deliver to Landlord the plans and specifications (the "Plans and Specifications") for the Tenant Improvements which shall have been previously approved by Tenant. The Plans and Specifications shall include complete architectural drawings and specifications required to construct the Tenant Improvements, including detailed plans for doors, partitioning, reflected ceilings, electrical fixtures, outlets and switches, telephone and computer outlets, plumbing fixtures, extraordinary floor loads and other special requirements.
(f) All Design Documents are subject to Landlord's prior written approval, which the Landlord agrees shall not be unreasonably withheld, delayed or conditioned. If Landlord disapproves any Design Documents, Tenant shall cause the Space Planner to deliver revised Design Documents to Landlord within ten (10) days. Without limiting days after the foregoingexecution of this First Amendment, Landlord may withhold its approval of any Design Documents all necessary information required by the Space Planner to complete the Temporary Plans, which require work which:
(i) exceeds or affects the structural integrity of the Building or any part of the heating, ventilating, air conditioning, plumbing, mechanical, electrical, communication or other systems of the Building;
(ii) violates any agreement which affects the Building or which binds Landlord;
(iii) Landlord reasonably believes will disproportionately increase the cost of operation or maintenance of any of the systems of the Building;
(iv) Landlord reasonably believes will materially reduce the market value of the Building at the end of the Lease Term;
(v) does not conform to applicable building codes or is not approved by any governmental authority with jurisdiction over the Premises and/or the Building; or
(vi) does not conform to the standards prepared by Landlord, includes designs that are not generic or upgrades which are specialized, or requires demolition of existing improvements or improvements that may adversely impact the Building. Any upgrades or specialized improvements shall be detailed and specified prepared based on an initial single line hand sketch to be the space plan approved by Landlord before any such items may charged against the and Tenant Improvement Allowance.
(g) Landlord's review and approval of any Design Documents for the Tenant Improvements shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with laws, rules, and regulations of governmental agencies or authorities and shall not relieve Tenant of its obligations under Section 2(b). Landlord makes no warranty or representation attached hereto as to the adequacy, efficiency, performance or desirability of the Tenant Improvements.
(h) After approval of the Plans and Specifications, Tenant may authorize changes in the work during construction only by written instructions from Tenant to Landlord on a form approved by Landlord. All such changes shall be subject to Landlord's prior written approvalExhibit B-2. Tenant shall be solely responsible for have five (5) business days after its receipt of the cost proposed Temporary Plans to review the same and notify Landlord in writing of any such comments or required changes, and such costs shall be chargeable against the Tenant Improvement Allowance provided Landlord consents or to such requested change. Prior to commencing any change, Landlord shall prepare and deliver to Tenant, for Tenant's approval, a change order (the "Change Order") setting forth the additional time required to perform the change and the total cost otherwise give its approval or disapproval of such change, which will include associated architectural, engineering and construction contractor's feesproposed Temporary Plans. If Tenant fails to give written comments to or approve the Temporary Plans within three (3) days following Landlord’s written notice to Tenant of the expiration of such Change Order in writing within two five (25) business days after such delivery by Landlordday period, then Tenant shall be deemed to have withdrawn approved the proposed Change Order and Temporary Plans as submitted. Landlord shall not proceed to perform the change. Upon Landlord's have five (5) business days following its receipt of Tenant's approval’s comments and objections to cause the Space Planner to redraw the proposed Temporary Plans in compliance with Tenant’s request and to resubmit the same for Tenant’s final review and approval or comment within five (5) business days of Tenant’s receipt of such revised plans. Such process shall be repeated up to three (3) times and if at such time final approval by Tenant of the proposed Temporary Plans has not been obtained, Contractor then Landlord shall proceed complete such Temporary Plans, at Tenant’s sole cost and expense, and it shall be deemed that Tenant has approved the Temporary Plans. Once Tenant has approved or has been deemed to perform have approved the change Temporary Plans, then the approved (or deemed approved) Temporary Plans shall be thereafter known as the “Final Plans”. The Final Plans shall include the complete and Tenant shall pay final layout, plans and specifications for such Change Order in accordance with Section 1 the Expansion Premises showing all doors, light fixtures, electrical outlets, telephone outlets, wall coverings, plumbing improvements (d) above. Notwithstanding any minor change order request(sif any), data systems wiring, floor coverings, wall coverings, painting, any other improvements to the Expansion Premises beyond the shell and core improvements provided by Landlord and any demolition of existing improvements in the event Tenant substantially changes Expansion Premises. The improvements shown in the scope Final Plans shall (i) utilize materials and methods of workconstruction that are building standard or a higher quality (as mutually agreed to by Landlord and Tenant) or materials similar in quality to those found in the Existing Premises and/or Expansion Premises, Landlord reserves (ii) be compatible with the right to charge a reasonable administration fee not to exceed Forty shell and No/1 00ths ($40.00) Dollars per hour relating to core improvements and the administration design, construction and equipment of the change order(s). Upon Landlord's approval of change orders, it shall state the fee, if applicableExpansion Premises, and then Tenant shall pay Landlord the fee within ten (10iii) days of written commencement of the change order. Change orders caused by existing conditions or unknown conditions shall be excepted from Landlord's feescomply with all applicable laws, rules, regulations, codes and ordinances.
Appears in 1 contract
Space Planner. (a) Tenant shall contract directly with Jackson & Bryan Landlord has retained a space planner (the "“Space Planner"”) to prepare certain plans, drawings and specifications (the Space Plan the Xxxxx xnd Xxxxxfications and other architectural documentation (collectively, the "Design Documents"“Temporary Plans”) and to provide other space planning services in connection with the Tenant Improvements.
(b) Tenant and the Space Planner shall be solely responsible for ensuring that the Design Documents are architecturally sound and fully comply with all applicable building codes, rules, regulations, ordinances and other applicable laws. Tenant shall indemnify, defend and hold Landlord and its Indemnitees harmless from all damages, liabilities, claims, penalties, fines, costs and expenses (including attorneys' fees and costs incurred in connection therewith or to enforce this indemnity agreement) arising from or relating to any defects in the Design Documents or the failure of the Design Documents to comply with all applicable building codes, rules, regulations, ordinances or other laws.
(c) Landlord will disburse payments from the Tenant Improvement Allowance to the Space Planner, subject to the Architectural Cap, within thirty (30) days after presentation of invoices and lien releases and waivers reasonably satisfactory to Landlord.
(d) Tenant shall meet with the Space Planner as soon as reasonably possible following the execution of the Lease for the purpose of advising the Space Planner of the nature and extent construction of the Tenant Improvements which Tenant requeststo be installed in the Premises by a general contractor selected by Landlord pursuant to this Work Letter. On or before June 19, 1996, Tenant shall cause the deliver to Space Planner to prepare and deliver to Landlord a space layout and improvement plan for the Premises which shall have been previously approved by Tenant (the "Space Plan"). The Space Plan and the Final Plans and Specifications shall be attached to the Lease as Exhibit D.
(e) Within twenty-one (21) days after Landlord's approval of the Space Plan, Tenant shall cause the Space Planner to prepare and deliver to Landlord the plans and specifications (the "Plans and Specifications") for the Tenant Improvements which shall have been previously approved by Tenant. The Plans and Specifications shall include complete architectural drawings and specifications required to construct the Tenant Improvements, including detailed plans for doors, partitioning, reflected ceilings, electrical fixtures, outlets and switches, telephone and computer outlets, plumbing fixtures, extraordinary floor loads and other special requirements.
(f) All Design Documents are subject to Landlord's prior written approval, which the Landlord agrees shall not be unreasonably withheld, delayed or conditioned. If Landlord disapproves any Design Documents, Tenant shall cause the Space Planner to deliver revised Design Documents to Landlord within ten (10) days. Without limiting days after the foregoing, Landlord may withhold its approval execution of any Design Documents which require work which:
(i) exceeds or affects this Lease all necessary information required by the structural integrity of Space Planner to complete the Building or any part of the heating, ventilating, air conditioning, plumbing, mechanical, electrical, communication or other systems of the Building;
(ii) violates any agreement which affects the Building or which binds Landlord;
(iii) Landlord reasonably believes will disproportionately increase the cost of operation or maintenance of any of the systems of the Building;
(iv) Landlord reasonably believes will materially reduce the market value of the Building at the end of the Lease Term;
(v) does not conform to applicable building codes or is not approved by any governmental authority with jurisdiction over the Premises and/or the Building; or
(vi) does not conform to the standards prepared by Landlord, includes designs that are not generic or upgrades which are specialized, or requires demolition of existing improvements or improvements that may adversely impact the Building. Any upgrades or specialized improvements shall be detailed and specified on an initial single line hand sketch to be approved by Landlord before any such items may charged against the Tenant Improvement Allowance.
(g) Landlord's review and approval of any Design Documents for the Tenant Improvements shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with laws, rules, and regulations of governmental agencies or authorities and shall not relieve Tenant of its obligations under Section 2(b). Landlord makes no warranty or representation as to the adequacy, efficiency, performance or desirability of the Tenant Improvements.
(h) After approval of the Plans and Specifications, Tenant may authorize changes in the work during construction only by written instructions from Tenant to Landlord on a form approved by Landlord. All such changes shall be subject to Landlord's prior written approvalTemporary Plans. Tenant shall be solely responsible for have five (5) business days after its receipt of the cost proposed Temporary Plans to review the same and notify Landlord in writing of any such comments or required changes, and such costs shall be chargeable against the Tenant Improvement Allowance provided Landlord consents or to such requested change. Prior to commencing any change, Landlord shall prepare and deliver to Tenant, for Tenant's approval, a change order (the "Change Order") setting forth the additional time required to perform the change and the total cost otherwise give its approval or disapproval of such change, which will include associated architectural, engineering and construction contractor's feesproposed Temporary Plans. If Tenant fails to give written comments to or approve the Temporary Plans within such Change Order in writing within two five (25) business days after such delivery by Landlordday period, then Tenant shall be deemed to have withdrawn approved the proposed Change Order and Temporary Plans as submitted. Landlord shall not proceed to perform the change. Upon Landlord's have five (5) business days following its receipt of Tenant's approval’s comments and objections to redraw the proposed Temporary Plans in compliance with Tenant’s request and to resubmit the same for Tenant’s final review and approval or comment within five (5) business days of Tenant’s receipt of such revised plans. Such process shall be repeated twice and if at such time final approval by Tenant of the proposed Temporary Plans has not been obtained, Contractor then Landlord shall proceed complete such Temporary Plans, at Tenant’s sole cost and expense, and it shall be deemed that Tenant has approved the Temporary Plans. Once Tenant has approved or has been deemed to perform have approved the change Temporary Plans, then the approved (or deemed approved) Temporary Plans shall be thereafter known as the “Final Plans”. The Final Plans shall include the complete and Tenant shall pay final layout, plans and specifications for such Change Order in accordance with Section 1 the Premises showing all doors, light fixtures, electrical outlets, telephone outlets, wall coverings, plumbing improvements (d) above. Notwithstanding any minor change order request(sif any), data systems wiring, floor coverings, wall coverings, painting, any other improvements to the Premises beyond the shell and core improvements provided by Landlord and any demolition of existing improvements in the event Tenant substantially changes Premises. The improvements shown in the scope Final Plans shall (i) utilize Landlord’s building standard materials and methods of workconstruction, Landlord reserves (ii) be compatible with the right to charge a reasonable administration fee not to exceed Forty shell and No/1 00ths ($40.00) Dollars per hour relating to core improvements and the administration design, construction and equipment of the change order(s). Upon Landlord's approval of change orders, it shall state the fee, if applicablePremises, and then Tenant shall pay Landlord the fee within ten (10iii) days of written commencement of the change order. Change orders caused by existing conditions or unknown conditions shall be excepted from Landlord's feescomply with all applicable laws, rules, regulations, codes and ordinances.
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Samples: Office Lease (Aethlon Medical Inc)
