Space Planning and Engineering. 2.1 Landlord shall, within three (3) business days after the date hereof, provide to Tenant (or "Tenant's Architect" as hereinafter defined) the architectural and engineering drawings for the Building and related improvements ("Landlord's Drawings"). 2.2 Tenant shall provide to Landlord Tenant-approved space plans for the Premises (collectively referred to herein as "Space Plans") prepared by Xxxxxxxxx Xxxxxx, Incorporated (the "Architect"). The Space Plans shall be sufficiently complete to permit Landlord to review such drawings for the purpose of determining conformity with the base building specifications for the Building and for the purposes described in Section 2.3 below. 2.3 Within three (3) business days of receipt by Landlord of the Space Plans, Landlord and engineers selected by Landlord ("Landlord's Engineers") shall review the Space Plans and confer with Tenant concerning such review. The Architect shall advise Landlord and Landlord's Engineers whether the Building HVAC System and/or the electrical service will have to be supplemented in order to allow installation of work shown on the Space Plans. It Landlord determines that the Space Plans (i) are inconsistent with the base building specifications for the Building, including, without limitation, the HVAC system or electrical system; (ii) are not sufficiently complete to permit Landlord to review them for the purposes set forth herein; or (iii) indicate space usages inconsistent with the Lease, Landlord shall so advise Tenant and Tenant shall revise the Space Plans accordingly and resubmit them to Landlord and the review procedure and time frames set forth above shall be repeated. Landlord shall pay all costs and expenses incurred in connection with review and approval of the Space Plans by Landlord's Engineers, which costs shall not be included within the Allowance as hereinafter provided. When approved by Landlord and Tenant, the Space Plans shall be acknowledged as such by Landlord and Tenant signing each sheet therefor and such approved drawings shall be deemed the "Approved Space Plans." 2.4 Based upon the Approved Space Plans, Tenant shall have prepared the structural, plumbing, fire protection, mechanical controls, electrical and life safety engineering drawings ("Engineering working Drawings"). The costs for the preparation of the Engineering working Drawings shall be borne by Tenant, subject to Landlord's payment of the Allowance provided in the Lease . 2.5 Tenant shall provide Landlord with architectural working drawings prepared by the Architect (the Architectural Working Drawings") for the Premises approved by Tenant for review by Landlord and Landlord's Engineers. The Architectural Working Drawings shall be coordinated by the Architect with the Engineering Working Drawings. The Architectural working Drawings shall be a logical extension of the Approved Space Plans. If the review by Landlord or Landlord's Engineers uncovers design errors, Landlord shall give notice thereof within four (4) business days after Landlord's receipt of Architectural Working Drawings submitted by Tenant; if the drawings are deemed acceptable, Landlord shall communicate its approval on or before the expiration of such period. If Landlord does not reply within such period, it shall be deemed that Landlord has no objection thereto. If Landlord notifies Tenant of design errors, Tenant shall revise the Architectural Working Drawings accordingly and resubmit them to Landlord and the review procedure set forth above shall be repeated. When approved by Landlord and Tenant, the Engineering Working Drawings and the Architectural Working Drawings shall be acknowledged as such by Tenant and Landlord signing each sheet thereof and such approved drawings shall be deemed the "Final Working Drawings." Landlord shall pay all costs and expenses incurred in connection with its review and approval of the Architectural working Drawings. 2.6 Material changes to the Final Working Drawings may be made only upon prior written approval of Landlord, which approval shall not be unreasonably withheld. Landlord shall respond to all written requests for changes within three (3) business days of Landlord's receipt of the same. If Landlord does not respond within much period, Landlord shall be deemed to have consented to the requested changes.
Appears in 1 contract
Space Planning and Engineering. 2.1 1.1 Landlord shall, within three (3) business days after the date hereof, provide has provided to Tenant (or "Tenant's Architect" as hereinafter defined) the architectural and engineering drawings for the base building improvements for the Building and related improvements Complex to be completed by Landlord ("Landlord's DrawingsDrawings")(as further described on Exhibit 4 to this Work Letter), as prepared by Xxxxx, Xxxxxx & Xxxxx Architects (such architectural firm or its replacement, if replaced by Landlord prior to completion of construction, is referred to as the "Landlord's Architect"). Landlord shall have the right to make changes and modifications in the base building improvements during construction and Landlord shall provide copies to Tenant -of modifications to Landlord's Drawings promptly as and when available to reflect such modifications for portions of the drawings applicable to the Premises; Tenant shall have the right to approve (which approval shall not be unreasonably withheld, conditioned or delayed) substantial changes to the Building Complex (exclusive of Plaza II) which materially adversely affect Tenant's use of the Premises or the cost or scope of the Finish Work, other than changes required by Applicable Laws or as required during construction to adjust to field conditions. The work to be completed by Landlord in accordance with the Landlord's Drawings as modified is hereinafter referred to as the "Base Building Work." Landlord shall complete the Base Building Work in a good and workmanlike manner in accordance with Applicable Laws and the Declaration.
2.2 1.2 Tenant shall retain either Xxxxx and Associates or another architect reasonably approved by Landlord as Tenant's architect ("Tenant's Architect") and either Xxxxxxx/X'Xxxxx and Associates or KTA Associates as Tenant's engineer, or a substitute reasonably approved by Landlord which approval shall not be unreasonably withheld, conditioned or delayed ( "Tenant's Engineers"); Landlord reserves the right to elect to retain separate engineers ("Landlord's Engineers" to provide a separate review on behalf of Landlord of plans prepared by Tenant's Architect and Tenant's Engineers. Tenant shall provide to Landlord the Tenant-approved space plans for the Premises (collectively referred to herein as "Space Plans") prepared by Xxxxxxxxx XxxxxxTenant's Architect by August 15, Incorporated (1999; Tenant shall also have Tenant's Engineers review the "Architect")Space Plans on Tenant's behalf for conformity to the design specifications for the base building structure and systems. The Space Plans shall contain information specified in Exhibit 1 and shall be sufficiently complete to permit Landlord and Landlord's Engineers to review such drawings for the purpose of determining conformity conforming the Space Plans with the base building specifications for the Building and for the purposes described in Section 2.3 1.3 below. The Space Plans shall be prepared by Tenant's Architect at Tenant's sole cost and expense, subject to Landlord's payment of the Allowance as hereinafter provided.
2.3 1.3 Within three (3) 5 business days of after receipt by Landlord of the Space Plans, Landlord and engineers selected by Landlord ("Landlord's Engineers") shall review the Space Plans and confer with Tenant concerning such review. The Architect Tenant's Engineers, and Landlord's Engineers, if applicable, shall advise Landlord and Landlord's Engineers Tenant whether the Building HVAC System and/or the electrical service base building structure and systems will have to be supplemented or modified in order to allow installation of work shown on the Space Plans. It If Landlord determines or the such engineers reasonably determine that the Space Plans (i) are inconsistent with the base building specifications for the Building, including, without limitation, the HVAC system or electrical system; (ii) do not contain all of the information specified in Exhibit 1 or are not sufficiently complete to permit Landlord to review them for the purposes set forth hereintherein; or (iii) indicate space usages inconsistent with the Lease, Landlord shall so advise notify Tenant and in writing of Landlord's determination setting forth the specific reasons therefor. Thereafter, Tenant shall revise the Space Plans accordingly within 5 business days of being informed of such determination and resubmit them to Landlord and the review procedure and time frames set forth above shall be repeated. Any delay by Landlord in responding within the applicable periods or delays arising from errors by Landlord or its engineers in such review process shall be deemed "Landlord Delay" to the extent that such delay results in delaying approval of the Approved Space Plans beyond the 15th day following receipt by Landlord of the initial Space Plans; except for such delay, approval of Approved Space Plans shall not delay the Commencement Date under Section 2.5 below. Tenant shall pay all reasonable costs and expenses incurred by Landlord in connection with review and approval of the Space Plans by Landlord's Engineers, which costs amounts shall not be included within paid from the Allowance as hereinafter providedAllowance. When approved by Landlord and Tenant, the Space Plans shall be acknowledged as such by Landlord and Tenant signing each sheet therefor and such approved drawings shall be deemed the "Approved Space Plans."
2.4 Based upon the Approved Space Plans1.4 On or before September 15, 1999, Tenant shall have provide Landlord with architectural working drawings prepared by Tenant's Architect (the "Architectural Working Drawings") and structural, plumbing, fire protection, mechanical controls, electrical and life safety engineering drawings prepared by Tenant's Engineers ("Engineering working Drawings"). The costs for the preparation of the Engineering working Drawings shall be borne by Tenant, subject to Landlord's payment of the Allowance provided in the Lease .
2.5 Tenant shall provide Landlord with architectural working drawings prepared by the Architect (the Architectural Working Drawings") for the Premises approved by Tenant for review by Landlord and Landlord's Engineerssubstantially in the form provided in Exhibit 1. The Architectural Working Drawings shall be coordinated by the Tenant's Architect with the Engineering Working Drawings. The Architectural working Drawings shall be a logical extension of the Approved Space Plans. If the review prepared by Landlord or LandlordTenant's Engineers uncovers design errors, Landlord shall give notice thereof within four (4) business days after Landlord's receipt of Architectural Working Drawings submitted by Tenant; if the drawings are deemed acceptable, Landlord shall communicate its approval on or before the expiration of such period. If Landlord does not reply within such period, it shall be deemed that Landlord has no objection thereto. If Landlord notifies Tenant of design errors, Tenant shall revise the Architectural Working Drawings accordingly and resubmit them pursuant to Landlord and the review procedure set forth above shall be repeated. When approved by Landlord and Tenant, the Engineering Working Drawings and the Architectural Working Drawings shall be acknowledged as such by Tenant and Landlord signing each sheet thereof and such approved drawings shall be deemed the "Final Working DrawingsParagraph 1." Landlord shall pay all costs and expenses incurred in connection with its review and approval of the Architectural working Drawings.
2.6 Material changes to the Final Working Drawings may be made only upon prior written approval of Landlord, which approval shall not be unreasonably withheld. Landlord shall respond to all written requests for changes within three (3) business days of Landlord's receipt of the same. If Landlord does not respond within much period, Landlord shall be deemed to have consented to the requested changes.
Appears in 1 contract
Space Planning and Engineering. 2.1 Landlord shall, within three Within thirty (330) business days after execution of the date hereofLease, provide to Tenant (or "Tenant's Architect" as hereinafter defined) the architectural and engineering drawings for the Building and related improvements ("Landlord's Drawings").
2.2 Tenant shall provide to Landlord a Tenant-approved space plans plan for the Premises (collectively referred to herein as "the “Space Plans"Plan”) prepared by Xxxxxxxxx Xxxxxx, Incorporated an architect reasonably approved by Landlord (the "“Tenant’s Architect"”). The Space Plans shall Plan will contain information specified in Exhibit B attached hereto and will be sufficiently complete to permit Landlord to review such drawings for the purpose of determining conformity with the base building specifications for the Building and for the purposes described in Section 2.3 2.2 below. The Space Plan will be prepared by Tenant’s Architect at Tenant’s sole cost and expense, subject to Landlord’s payment of the Finish Allowance as hereinafter provided.
2.3 2.2 Within three five (35) business days of receipt by Landlord of the Space PlansPlan, Landlord and its engineers selected by Landlord ("“Landlord's ’s Engineers"”) shall will review the Space Plans Plan and confer with Tenant concerning such reviewTenant. The Tenant’s Architect shall will advise Landlord and Landlord's ’s Engineers whether the base building specifications for the Building HVAC System and/or the electrical service will have to be supplemented in order to allow installation of work shown on the Space PlansPlan. It If Landlord determines that the Space Plans Plan (i) are is inconsistent with the base building specifications Preliminary Plans and Specifications for the Building, including, without limitation, including the HVAC system or electrical system; (ii) are does not contain all of the information specified in Exhibit B or is not sufficiently complete to permit Landlord to review them it for the purposes set forth herein; or (iii) indicate indicates space usages inconsistent with the Lease, Landlord shall so will advise Tenant and Tenant shall will revise the Space Plans accordingly and Plan accordingly, resubmit them it to Landlord Landlord, and the review procedure and time frames set forth above shall will be repeated. If Landlord shall pay all costs and expenses incurred in connection with review and approval fails to give notice within the applicable five (5) business day period that it disapproves of the Space Plans Plan or any revisions thereto submitted by Landlord's EngineersTenant, which costs said Space Plan shall not be included within the Allowance as hereinafter provideddeemed to have been approved. When approved by Landlord and Tenant, the Space Plans shall Plan will be acknowledged as such signed or initialed by Landlord and Tenant signing each sheet therefor and Tenant; such approved drawings shall will be deemed the "“Approved Space PlansPlan."
2.4 Based upon the Approved Space Plans, Tenant shall have prepared the structural, plumbing, fire protection, mechanical controls, electrical and life safety engineering drawings ("Engineering working Drawings"). The costs for the preparation ” Landlord’s approval of the Engineering working Drawings shall be borne by TenantSpace Plan creates no responsibility or liability on the part of Landlord for completeness, subject to Landlord's payment of the Allowance provided in the Lease design sufficiency, or compliance with all Applicable Legal Requirements.
2.5 2.3 Tenant shall provide will submit to Landlord with architectural working drawings prepared by the Tenant’s Architect (the “Architectural Working Drawings"”) for the Premises approved substantially in the form required in Exhibit B. The Architectural Drawings will be coordinated by Tenant for review Tenant’s Architect with the Construction Drawings prepared by Landlord and Landlord's ’s Engineers. The Architectural Working Drawings shall be coordinated by the Architect with the Engineering Working Drawings. The Architectural working Drawings shall will be a logical extension of the Approved Space PlansPlan. Tenant, through Tenant’s Architect, will be responsible for compliance of the Architectural Drawings with Applicable Legal Requirements. If the review by Landlord or Landlord's ’s Engineers uncovers design errors, Landlord shall will give notice thereof within four five (45) business days after Landlord's ’s receipt of the Architectural Working Drawings submitted by Tenant; if the drawings are deemed acceptableacceptable in Landlord’s reasonable discretion, Landlord shall will communicate its approval on or before the expiration of such period. If Landlord does not reply within such period, it shall will be deemed that Landlord has no objection theretoapproved the Architectural Drawings. Any changes to the Architectural Drawings requested by Landlord after its written or deemed approval thereof shall be subject to Tenant’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed so long as the same are consistent with the Approved Plan, and shall be at Landlord’s sole cost and expense. If Landlord notifies Tenant of design errors, Tenant shall will revise the Architectural Working Drawings accordingly and resubmit them to Landlord and the review procedure set forth above shall will be repeated. When approved by Landlord and Tenant, the Engineering Working Architectural Drawings and the Architectural Working Drawings shall will be acknowledged as such signed or initialed by Tenant and Landlord signing each sheet thereof and such approved drawings shall be deemed the "Final Working DrawingsLandlord." Landlord shall pay all costs and expenses incurred in connection with its review and approval of
2.4 Changes to the Architectural working Drawings.
2.6 Material changes to the Final Working Drawings may be made only upon prior written approval of Landlord, which approval shall will not be unreasonably withheld, conditioned or delayed. Landlord shall will respond to all written requests for changes within three (3) business days of Landlord's receipt of the same’s receipt. If Landlord does not respond within much such period, Landlord shall will be deemed to have consented to the requested changes. Landlord’s review of the Space Plan or Architectural Drawings does not imply approval by Landlord as to compliance with Applicable Legal Requirements.
2.5 Landlord agrees that it will not withhold its approval to any of the plans and specifications submitted pursuant to this Section 2 except for just and reasonable cause and will not act in an arbitrary or capricious manner with respect to the approval of the same.
Appears in 1 contract
Samples: Lease (Constant Contact, Inc.)
Space Planning and Engineering. 2.1 1.1 Landlord shall, within three (3) business days after the date hereof, provide has provided to Tenant (or "Tenant's Architect" as hereinafter defined) the architectural and engineering drawings for the Building and related tenant improvements existing ("if any) in the Expansion Premises (“Landlord's ’s Drawings"”).
2.2 1.2 Tenant shall retain Landlord’s then-current architect, or, at its option, another architect reasonably approved by Landlord as Tenant’s architect (“Tenant’s Architect”). Landlord hereby agrees that the following architects are deemed acceptable to Landlord as Tenant’s Architect: Xxxxxxx, Xxxx and TPS, Tenant Planning Services. Tenant shall retain Landlord’s design engineers for electrical, plumbing and life safety as Tenant’s engineer (“Tenant’s Engineer”) to perform electrical, plumbing, and life safety engineering. In addition, Tenant shall retain Landlord’s designated structural engineers to provide engineering design review pertaining to structural design issues and Tenant shall retain Landlord’s designated mechanical engineer to perform all design review and construction coordination related to all mechanical elements of the Expansion Premises. Tenant shall provide to Landlord the Tenant-approved space plans for the Expansion Premises (collectively referred to herein as "“Space Plans"”) prepared by Xxxxxxxxx XxxxxxTenant’s Architect by June 28, Incorporated (the "Architect")2013. The Approved Space Plans shall contain information specified in Exhibit B and shall be sufficiently complete to permit Landlord to review such drawings for the purpose of determining conformity with the base building specifications for the Building and for the purposes described in Section 2.3 1.3 below.
2.3 1.3 Within three five (35) business days of receipt by Landlord of the Space Plans, Landlord and its engineers selected by Landlord ("“Landlord's ’s Engineers"”) shall will review the Space Plans and confer with Tenant concerning such reviewPlans. The Tenant’s Architect shall will advise Landlord and Landlord's ’s Engineers whether the Building HVAC System and/or the electrical service will have to be supplemented in order to allow installation of work shown on the Space Plans. It If Landlord determines that the Space Plans (i) are inconsistent with do not contain all of the base building specifications for the Building, including, without limitation, the HVAC system information specified in Exhibit B or electrical system; (ii) are not sufficiently complete to permit Landlord to review them for the purposes set forth herein; or (iiiii) indicate space usages inconsistent with the LeaseLease (as amended by the First Amendment), Landlord shall so will advise Tenant and Tenant shall will revise the Space Plans accordingly and accordingly, resubmit them to Landlord Landlord, and the review procedure and time frames set forth above shall will be repeated. Failure by Landlord to advise Tenant of such determination within said 5-day period shall be deemed to be a Landlord Delay; if Landlord does not respond within such period, Landlord shall pay all costs and expenses incurred in connection with review and approval of the be deemed to have approved such Space Plans by Landlord's Engineers, which costs shall not be included within the Allowance as hereinafter providedPlans. When approved by Landlord and Tenant, the Space Plans shall will be acknowledged as such signed or initialed by Landlord and Tenant signing each sheet therefor and Tenant; such approved drawings shall will be deemed the "“Approved Space Plans."” Landlord’s approval of the Space Plans creates no responsibility or liability on the part of Landlord for completeness, design sufficiency, or compliance with all Applicable Laws.
2.4 Based upon 1.4 Promptly following receipt of the Approved Space Plans, Tenant shall have prepared the structural, plumbing, fire protection, mechanical controls, electrical and life safety engineering drawings ("Engineering working Drawings"). The costs for the preparation of the Engineering working Drawings shall be borne by Tenant, subject to Landlord's payment of the Allowance provided in the Lease .
2.5 Tenant shall provide Landlord with architectural working drawings prepared by the Tenant’s Architect (the “Architectural Working Drawings"”) for and structural, plumbing, fire protection, mechanical, controls, electrical and life safety engineering drawings (collectively, the Premises approved “Engineering Working Drawings”) prepared by Tenant for review by Landlord and Landlord's Engineers. Tenant’s Engineer, all of which shall be prepared substantially in the form provided in Exhibit B. The Architectural Working Drawings shall be coordinated by the Tenant’s Architect with the Engineering Working Drawings. The Architectural working Landlord’s Drawings shall be a logical extension of and the Approved Space Plans. If the review by Landlord or Landlord's Engineers uncovers design errors, Landlord shall give notice thereof within four (4) business days after Landlord's receipt of The Architectural Working Drawings submitted by Tenant; if and the drawings are deemed acceptable, Landlord shall communicate its approval on or before the expiration of such period. If Landlord does not reply within such period, it Engineering Working Drawings shall be deemed that Landlord has no objection theretoapproved by Tenant and shall be logical extensions of the Approved Space Plans for the Expansion Premises. If Landlord notifies Tenant of design errors, Tenant and Tenant’s Architect shall revise be responsible for the consistency between the Architectural Working Drawings accordingly and resubmit them to Landlord and the review procedure set forth above shall be repeated. When approved by Landlord Engineering Working Drawings, conflicts with base building specifications or Base Building Work and Tenantfield conditions (unless such field conditions materially vary from Landlord’s Drawings, as modified) and for the Architectural Working Drawings and the Engineering Working Drawings and complying with building code provisions. Landlord shall notify Tenant’s Architect of changes in Landlord’s Drawings affecting the Architectural Finish Work within 5 business days of an actual change in such drawings (not just a proposed change), so as to minimize interference with or delay to completion of Tenant’s Working Drawings Drawings. Landlord shall be acknowledged as identify items that Landlord will require Tenant to remove upon the expiration or earlier termination of the Lease in accordance with the Lease. Notwithstanding the foregoing, Landlord will make its election regarding removal of Finish Work at the time Landlord approves such Finish Work if such election by Landlord is expressly requested by Tenant and as to any Finish Work requiring Landlord’s consent. If Landlord signing each sheet thereof and fails to make such approved drawings election following receipt of a notice requesting such election, Tenant shall be deemed the "Final Working Drawings." Landlord shall pay all costs and expenses incurred in connection with its review and approval of the Architectural working Drawingshave no obligation to remove any such Finish Work.
2.6 Material 1.5 Tenant will copy Landlord on all changes to the Final Working Drawings may be made only upon prior Drawings. In the event Landlord has comment or concern with any change, Landlord will issue a written approval of Landlord, which approval shall not be unreasonably withhelddirective and Tenant will rectify. Landlord shall will respond to all written requests for changes within three (3) 3 business days of Landlord's receipt of the same’s receipt. If Landlord does not respond within much such period, Landlord shall will be deemed to have consented to the requested changes. Landlord’s review of the Space Plans or Tenant’s Working Drawings do not imply approval by Landlord as to the Final Drawings’ compliance with Applicable Laws.
Appears in 1 contract
Samples: Lease (Redwood Trust Inc)
Space Planning and Engineering. 2.1 1.1 Landlord shall, within three (3) business days after the date hereof, provide has provided to Tenant (or "Tenant's Architect" as hereinafter defined) the architectural and engineering drawings for the base building improvements for the Building and related improvements Complex to be completed by Landlord ("Landlord's DrawingsDrawings ")(as further described on Exhibit 4 to this Work Letter), as prepared by Xxxxx Xxxxxx Xxxxx (such architectural firm or its replacement, if replaced by Landlord prior to completion of construction, is referred to as the "Landlord's Architect "). The work to be completed by Landlord in accordance with Landlord's Drawings is referred to as the "Building Improvements." If Tenant desires that the Landlord's Drawings be modified in any manner, then Landlord shall reasonably endeavor to address Tenant's concerns. If Landlord's sole reason for rejecting a proposed change is the increased cost that will be incurred if the change is adopted, and if Tenant agrees to pay the entire incremental cost attributable to such change, then Landlord shall agree to adopt the proposed change and Tenant shall thus pay such entire incremental cost within 30 days after Landlord's submission of a statement of the additional expenses attributable to such changes, as additional rent. Landlord shall have the right to make changes and modifications in the base building improvements during construction and Landlord shall provide copies to Tenant of modifications to Landlord's Drawings promptly as and when available to reflect such modifications for portions of the drawings applicable to the Premises as soon as possible and, if possible, prior to commencing such work; provided that Tenant shall have the right to approve (which approval shall not be unreasonably withheld, conditioned or delayed) substantial changes to the Building Complex which materially adversely affect Tenant's use of the Premises or the cost or scope of the Tenant Work, other than changes required by Applicable Laws or as required during construction to adjust to field conditions. Landlord shall complete the Building Improvements in a good and workmanlike manner in accordance with Applicable Laws, in a manner consistent with construction practices for a "Class A" building in the Northern Virginia area and in accordance with the Declaration.
2.2 1.2 Tenant shall retain Studios Architecture or, at its option, another architect reasonably approved by Landlord as Tenant's architect ("Tenant's Architect "). Tenant shall retain WFT Engineering or, at its option, another engineer reasonably approved by Landlord as Tenant's engineer ("Tenant's Engineer") to perform mechanical, electrical, plumbing, and life safety; in addition, Tenant shall retain Landlord's designated structural engineers to provide engineering design review pertaining to structural design issues (the "Structural Engineers"). Tenant shall provide to Landlord the Tenant-approved space plans for the Premises (collectively referred to herein as "Space PlansPlans ") prepared by Xxxxxxxxx Xxxxxx, Incorporated (Tenant's Architect by the "Architect")Space Plan Deadline set forth on Exhibit 6. The Space Plans shall contain information specified in Exhibit 1 and shall be sufficiently complete to permit Landlord to review such drawings for the purpose of determining conformity with the base building specifications for the Building and for the purposes described in Section 2.3 1.3 below. The Space Plans shall be prepared by Tenant's Architect at Tenant's sole cost and expense, subject to Landlord's payment of the Allowance as hereinafter provided; Landlord may deduct from the Allowance Landlord's actual costs paid to third parties for assistance in review of the Space Plans if reasonably required by Landlord.
2.3 1.3 Within three (3) 5 business days of after receipt by Landlord of the Space Plans, Landlord and engineers selected by Landlord ("Landlord's Engineers") shall review the Space Plans and confer with Tenant concerning such review. The Architect Landlord shall advise Landlord and respond to such submission, in accordance with the scope of review set forth in this Section 1.3, within 5 business days after Landlord's Engineers whether the Building HVAC System and/or the electrical service will have receipt thereof (including Landlord's receipt of Tenant's written response to be supplemented in order to allow installation each of work shown on the Space PlansLandlord's prior comments). It Landlord determines that Such review and resubmission process shall continue until the Space Plans (including Tenant's responses to Landlord's comments on such Space Plans) are approved by Landlord. Landlord's approval shall not be unreasonably withheld, conditioned or delayed and the scope of Landlord's review of Tenant's proposed Space Plans shall be limited to only those portions thereof that (i) are inconsistent with readily visible to the base building specifications for exterior of the Building or the common and public areas thereof, or (ii) are structural in nature, or (iii) affect the electrical, mechanical, fire or life safety systems within the Building, including(iv) are related to conformance with all applicable building, without limitationzoning and other codes or regulations affecting the Building, (v) do not contain all of the HVAC system information specified in Exhibit 1 or electrical system; (ii) are not sufficiently complete to permit Landlord to review them for the purposes set forth hereintherein; or (iiivi) indicate space usages inconsistent with the LeasePermitted Use or Ancillary Uses, (vii) are necessary to determine consistency with class A office space finishes and the requirements of Exhibit 7 (the "Landlord's Scope of Review "). The Structural Engineers shall advise Landlord shall so advise and Tenant whether the base building structure and systems will have to be supplemented or modified in order to allow installation of work shown on the Space Plans. If Landlord objects to the draft Space Plans or requires changes, within Landlord's Scope of Review, Tenant shall revise the Space Plans accordingly within 5 business days of receipt of being informed of such determination and resubmit them to Landlord and the review procedure and time frames set forth above shall be repeated. Any delay by Landlord in responding within the applicable periods or delays arising from errors by Landlord in such review process shall be deemed Landlord Delay to the extent that such delay is beyond the specified periods and results in delaying approval of the Approved Space Plans beyond the Space Plan Deadline set forth in Exhibit 6. Tenant shall pay all reasonable costs and expenses incurred by Landlord in connection with review and approval of the Space Plans by Landlord's the Engineers, which amounts shall be paid from the Allowance, provided, however, that Tenant's liability for Landlord's costs and expenses relating to the review of any or all of Tenant's plans and drawings, including the Space Plans, shall not be included within the Allowance as hereinafter providedexceed $25,000 (based on an itemized statement of such costs with engineering fees billed at $______ per hour). When approved by Landlord and Tenant, the Space Plans shall be acknowledged as such by Landlord and Tenant signing each sheet therefor and such approved drawings shall be deemed the "Approved Space Plans."
2.4 Based upon 1.4 On or before the Approved Space PlansPhase 1 Draft Architectural Drawings Deadline set forth in Exhibit 6, Tenant shall have provide Landlord with architectural working drawings and engineering working drawings for Phase 1. On or before the Phase II Draft Architectural Drawings Deadline set forth in Exhibit 6, Tenant shall provide Landlord with architectural working drawings and engineering working drawings for Phase II. The architectural working drawings (collectively, the "Architectural Working Drawings") shall be prepared by Tenant's Architect and the structural, plumbing, fire protection, mechanical controls, electrical and life safety engineering drawings (collectively, the "Engineering working Drawings"). The costs for the preparation of the Engineering working Drawings shall be borne by Tenant, subject to Landlord's payment of the Allowance provided in the Lease .
2.5 Tenant shall provide Landlord with architectural working drawings prepared by the Architect (the Architectural Working Drawings") shall be prepared by Tenant's Engineer, all of which shall be prepared substantially in the form provided in Exhibit 1. The Architectural Working Drawings shall be coordinated by Tenant's Architect with Landlord's Drawings and the Approved Space Plans. The Architectural Working Drawings and the Engineering Working Drawings shall be logical extensions of the Approved Space Plans for the Premises approved by Tenant for review by Landlord and Landlordsubstantially in the form provided in Exhibit 1. Tenant's Engineers. The Architect shall be responsible for any conflicts between the Architectural Working Drawings and field conditions (unless such field conditions materially vary from Landlord's Drawings, as modified). Tenant shall be coordinated by responsible for the Architect with consistency between the Architectural Working Drawings and the Engineering Working Drawings, conflicts with Building Improvements and field conditions and for the Architectural Working Drawings and the Engineering Working Drawings complying with building code provisions. The Architectural working Subject to Section 1.1, Landlord shall notify Tenant's Architect of changes in Landlord's Drawings affecting the Tenant Work within five (5) business days of an actual change in such drawings (not just a proposed change), so as to minimize interference with or delay to completion of Tenant's Working Drawings. Any problems caused by any inconsistency of the drawings shall be a logical extension of the Approved Space PlansTenant's sole responsibility (subject to Tenant or Tenant's Architect receiving Landlord's Drawings and changes in Landlord's Drawings). If the review by Landlord or Landlord's Engineers engineers, if applicable, uncovers design errors, Landlord shall give notice thereof thereof, including any review comments, within four (4) 10 business days after Landlord's receipt of Architectural Working Drawings and the Engineering Working Drawings submitted by Tenant; if the drawings are deemed acceptable, Landlord shall communicate its approval on or before the expiration of such period. If Landlord does not reply within such period, it shall be deemed presumed that Landlord has no objection thereto, however, such approval shall not limit Landlord's right to request changes in the future in the event design errors are discovered (which request shall be made as soon as practicable following such discovery) and Tenant shall not be obligated to make changes as to which notice is given beyond such 10 day period unless the safety of the Tenant Work is affected or that are required by Applicable Laws. If Landlord notifies Tenant of design errorserrors pursuant to this Section (within the time period, as applicable), Tenant shall revise the Architectural Working Drawings accordingly and the Engineering Working Drawings accordingly, and resubmit them to Landlord only for review of those design issues noted by Landlord after Landlord's initial review of the Working Drawings. Landlord shall provide written approval or comments within 3 business days of Tenant's resubmission and the review procedure set forth above shall be repeated. Delay caused by such revisions shall be deemed Tenant Delay. When approved (or deemed approved) by Landlord and Tenant, the Engineering Working Drawings and the Architectural Working Drawings shall be acknowledged as such by Tenant and Landlord signing each sheet thereof and such approved drawings shall be deemed the "Final Working DrawingsDrawings ." Landlord Tenant shall pay all costs and expenses incurred in connection with simultaneously submit its review and approval of the Architectural working Drawings.
2.6 Material changes to the Final Working Drawings to Landlord for review, to Tenant's contractor for final pricing, and for building permit review. Landlord acknowledges that in order to maintain its schedule, Tenant may be made only upon prior written approval submit its Working Drawings for pricing and permitting simultaneously with submittal to Landlord. However, any revisions required by Landlord as a result of Landlord, which its approval shall not be unreasonably withheld. Landlord shall respond to all written requests for changes within three (3) business days of Landlord's receipt of the same. If Landlord does not respond within much period, Landlord incorporated by Tenant into pricing and permitting submittals and any delays shall be deemed to have consented to the requested changesTenant Delay.
Appears in 1 contract
Samples: Lease Agreement (Lifeminders Inc)
Space Planning and Engineering. 2.1 1.1 Landlord shall, within three (3) business days after the date hereof, provide has provided to Tenant (or "Tenant's Architect" as hereinafter defined) the existing architectural and engineering drawings for the base building improvements for the Building and related improvements ("“Landlord's ’s Drawings"”).
2.2 1.2 Tenant shall retain Landlord’s Building architect, Dxx Xxxxxxxxx, or, at its option, another architect reasonably approved by Landlord as Tenant’s architect (“Tenant’s Architect”). Tenant shall retain an engineer reasonably approved by Landlord as Tenant’s engineer (“Tenant’s Engineer”) to perform mechanical, electrical, plumbing, and life safety engineering; in addition, Tenant shall retain Landlord’s designated structural engineers to provide engineering design review pertaining to structural design issues. Tenant shall use reasonable efforts to provide to Landlord the Tenant-approved space plans for the Premises (collectively referred to herein as "“Space Plans"”) prepared by Xxxxxxxxx XxxxxxTenant’s Architect by May 31, Incorporated (the "Architect")2007. The Approved Space Plans shall contain information specified in Exhibit A and shall be sufficiently complete to permit Landlord to review such drawings for the purpose of determining conformity with the base building specifications for the Building and for the purposes described in Section 2.3 1.3 below.
2.3 Within three (3) 1.3 Landlord shall have 5 business days of after receipt by Landlord of the Space Plans, Landlord and Plans to have its engineers selected by Landlord ("“Landlord's ’s Engineers"”) shall review the Space Plans and confer with Tenant concerning such reviewPlans. The Tenant’s Architect shall will advise Landlord and Landlord's ’s Engineers whether the Building HVAC System and/or the electrical service will have to be supplemented in order to allow installation of work shown on the Space Plans. It If Landlord determines that the Space Plans (i) are inconsistent with the base building specifications for the Building, including, without limitation, including the HVAC system or electrical system; (ii) do not contain all of the information specified in Exhibit A or are not sufficiently complete to permit Landlord to review them for the purposes set forth herein; or (iii) indicate space usages inconsistent with the Lease, Landlord shall so will advise Tenant and Tenant shall will revise the Space Plans accordingly and accordingly, resubmit them to Landlord Landlord, and the review procedure and time frames set forth above shall will be repeated. Landlord shall pay all costs and expenses incurred in connection with review and approval of the Space Plans by Landlord's Engineers, which costs shall not be included within the Allowance as hereinafter provided. When approved by Landlord and Tenant, the Space Plans shall will be acknowledged as such signed or initialed by Landlord and Tenant signing each sheet therefor and Tenant; such approved drawings shall will be deemed the "“Approved Space Plans."” Landlord’s approval of the Space Plans creates no responsibility or liability on the part of Landlord for completeness, design sufficiency, or compliance with all Applicable Laws.
2.4 Based upon 1.4 Within sixty (60) days of the Approved Space Plans, Tenant shall have use reasonable efforts to provide Landlord with architectural working drawings prepared by Tenant’s Architect (the “Architectural Working Drawings”) and structural, plumbing, fire protection, mechanical mechanical, controls, electrical and life safety engineering drawings ("collectively, the “Engineering working Working Drawings"). The costs for ”) prepared by Tenant’s Engineer, all of which shall be prepared substantially in the preparation form provided in Exhibit A. If reinforcement of the Engineering working Drawings floor is required, Tenant shall be borne have the right, at its sole cost and expense, to reinforce the floor in any areas specified by Tenant’s Architect and as designed by Tenant’s Engineer, subject to the prior written approval of Landlord's payment of the Allowance provided in the Lease .
2.5 Tenant shall provide Landlord with architectural working drawings prepared by the Architect (the Architectural Working Drawings") for the Premises approved by Tenant for review by Landlord and Landlord's Engineers. The Architectural Working Drawings shall be coordinated by the Tenant’s Architect with Landlord’s Drawings and the Approved Space Plans. The Architectural Working Drawings and the Engineering Working Drawings shall be approved by Tenant and shall be logical extensions of the Approved Space Plans for the Premises. Tenant and Tenant’s Architect shall be responsible for the consistency between the Architectural Working Drawings and the Engineering Working Drawings, conflicts with Base Building Work and field conditions (unless such field conditions materially vary from Landlord’s Drawings, as modified) and for the Architectural Working Drawings and the Engineering Working Drawings complying with building code provisions. The Architectural working Landlord shall notify Tenant’s Architect of changes in Landlord’s Drawings shall be affecting the Tenant Improvements within 5 business days of an actual change in such drawings (not just a logical extension proposed change), so as to minimize interference with or delay to completion of Tenant’s Working Drawings. Landlord may identify items that Landlord may require Tenant to remove upon the expiration or earlier termination of the Approved Space PlansLease in accordance with the Lease. If the review by Landlord or Landlord's Engineers ’s Engineers, if applicable, uncovers design errors, Landlord shall give notice thereof thereof, including any review comments, within four (4) 10 business days after Landlord's ’s receipt of Tenant’s Architectural Working Drawings submitted by Tenant; if and the drawings are deemed acceptable, Landlord shall communicate its approval on or before the expiration of such periodEngineering Working Drawings. If Landlord does not reply within such period, it shall be deemed presumed that Landlord has no objection thereto, however, such approval shall not limit Landlord’s right to request changes in the future in the event design errors are discovered (which request shall be made as soon as practicable following such discovery) and Tenant shall not be obligated to make changes as to which notice is given beyond such 10 day period unless the safety of the Tenant Improvements is affected or that are required by Applicable Laws. If Landlord notifies Tenant of design errorserrors pursuant to this Section (within the time period, as applicable), Tenant shall revise the Architectural Working Drawings accordingly and the Engineering Working Drawings accordingly, and resubmit them to Landlord only for review of those design issues noted by Landlord after Landlord’s initial review of the Working Drawings. Landlord shall provide written approval or comments within 3 business days of Tenant’s resubmission and the review procedure set forth above shall be repeated. Delay caused by such revisions shall be deemed Tenant Delay. Tenant shall simultaneously submit its Working Drawings to Landlord for review, to Tenant’s contractor for final pricing, and for building permit review. Revisions required by Landlord as a result of its approval shall be incorporated by Tenant into pricing and permitting submittals and any delays shall be deemed Tenant Delay. When approved (or deemed approved) by Landlord and Tenant, the Engineering Working Drawings and the Architectural such Working Drawings shall be acknowledged as such by Tenant and Landlord signing each sheet thereof and such approved drawings shall be deemed the "“Final Working Drawings." Landlord shall pay all costs and expenses incurred in connection with its review and approval of the Architectural working Drawings.”
2.6 Material changes 1.5 Changes to the Final Working Drawings may be made only upon prior written approval of Landlord, which approval shall will not be unreasonably withheld. Landlord shall will respond to all written requests for changes within three (3) business days of Landlord's receipt of the same’s receipt. If Landlord does not respond within much such period, Landlord shall will be deemed to have consented to the requested changes. Landlord’s review of the Space Plans or Tenant’s Working Drawings do not imply approval by Landlord as to the Final Drawings’ compliance with Applicable Laws.
Appears in 1 contract
Space Planning and Engineering. 2.1 1.1 Landlord shall, within three (3) business days after the date hereof, provide has provided to Tenant (or "Tenant's Architect" as hereinafter defined) the existing architectural and engineering drawings for the base building improvements for the 1841 Building and related improvements and/or the 1351 Building ("“Landlord's ’s Drawings"”).
2.2 1.2 Tenant has retained Landlord’s Building architect, Xxx Xxxxxxxxx, as Tenant’s architect (“Tenant’s Architect”). Tenant shall retain an engineer reasonably approved by Landlord as Tenant’s engineer (“Tenant’s Engineer”) to perform mechanical, electrical, plumbing, and life safety engineering; in addition, Tenant shall retain Landlord’s approved structural engineers to provide engineering design review pertaining to structural design issues. Tenant has provided to Landlord the Tenant-approved space plans for the Premises (collectively referred to herein as "Space Plans") prepared by Xxxxxxxxx Xxxxxx, Incorporated (the "Tenant’s Architect"). The Approved Space Plans shall contain information specified in Exhibit A and shall be sufficiently complete to permit Landlord to review such drawings for the purpose of determining conformity with the base building specifications for the Building and for the purposes described in Section 2.3 1.3 below.
2.3 Within three (3) 1.3 Landlord shall have 5 business days of after receipt by Landlord of the Space Plans, Landlord and Plans to have its engineers selected by Landlord ("“Landlord's ’s Engineers"”) shall review the Space Plans and confer with Tenant concerning such reviewPlans. The Tenant’s Architect shall will advise Landlord and Landlord's ’s Engineers whether the Building HVAC System and/or the electrical service will have to be supplemented in order to allow installation of work shown on the Space Plans. It If Landlord determines that the Space Plans (i) are inconsistent with the base building specifications for the Building, including, without limitation, including the HVAC system or electrical system; (ii) do not contain all of the information specified in Exhibit A or are not sufficiently complete to permit Landlord to review them for the purposes set forth herein; or (iii) indicate space usages inconsistent with the Lease, Landlord shall so will advise Tenant and Tenant shall will revise the Space Plans accordingly and accordingly, resubmit them to Landlord Landlord, and the review procedure and time frames set forth above shall will be repeated. Landlord shall pay all costs and expenses incurred in connection with review and approval of the Space Plans by Landlord's Engineers, which costs shall not be included within the Allowance as hereinafter provided. When approved by Landlord and Tenant, the Space Plans shall will be acknowledged as such signed or initialed by Landlord and Tenant signing each sheet therefor and Tenant; such approved drawings shall will be deemed the "“Approved Space Plans."” Landlord’s approval of the Space Plans creates no responsibility or liability on the part of Landlord for completeness, design sufficiency, or compliance with all applicable laws.
2.4 Based upon 1.4 Within sixty (60) days of the Approved Space Plans, Tenant shall have use reasonable efforts to provide Landlord with architectural working drawings prepared by Tenant’s Architect (the “Architectural Working Drawings”) and structural, plumbing, fire protection, mechanical mechanical, controls, electrical and life safety engineering drawings ("collectively, the “Engineering working Working Drawings")”) prepared by Tenant’s Engineer. The costs for the preparation If reinforcement of the Engineering working Drawings floor is required, Tenant shall be borne have the right, at its sole cost and expense, to reinforce the floor in any areas specified by Tenant’s Architect and as designed by Tenant’s Engineer, subject to the prior written approval of Landlord's payment of the Allowance provided in the Lease .
2.5 Tenant shall provide Landlord with architectural working drawings prepared by the Architect (the Architectural Working Drawings") for the Premises approved by Tenant for review by Landlord and Landlord's Engineers. The Architectural Working Drawings shall be coordinated by the Tenant’s Architect with Landlord’s Drawings and the Approved Space Plans. The Architectural Working Drawings and the Engineering Working Drawings shall be approved by Tenant and shall be logical extensions of the Approved Space Plans for the Premises. Tenant and Tenant’s Architect shall be responsible for the consistency between the Architectural Working Drawings and the Engineering Working Drawings, conflicts with Base Building Work and field conditions (unless such field conditions materially vary from Landlord’s Drawings, as modified) and for the Architectural Working Drawings and the Engineering Working Drawings complying with building code provisions. The Architectural working Landlord shall notify Tenant’s Architect of changes in Landlord’s Drawings shall be affecting the Tenant Improvements within 5 business days of an actual change in such drawings (not just a logical extension proposed change), so as to minimize interference with or delay to completion of Tenant’s Working Drawings. Landlord may identify items that Landlord may require Tenant to remove upon the expiration or earlier termination of the Approved Space PlansLease in accordance with the Lease. If the review by Landlord or Landlord's Engineers ’s Engineers, if applicable, uncovers design errors, Landlord shall give notice thereof thereof, including any review comments, within four (4) 10 business days after Landlord's ’s receipt of Tenant’s Architectural Working Drawings submitted by Tenant; if and the drawings are deemed acceptable, Landlord shall communicate its approval on or before the expiration of such periodEngineering Working Drawings. If Landlord does not reply within such period, it shall be deemed presumed that Landlord has no objection thereto, however, such approval shall not limit Landlord’s right to request changes in the future in the event design errors are discovered (which request shall be made as soon as practicable following such discovery) and Tenant shall not be obligated to make changes as to which notice is given beyond such 10 day period unless the safety of the Tenant Improvements is affected or that are required by applicable laws. If Landlord notifies Tenant of design errorserrors pursuant to this Section (within the time period, as applicable), Tenant shall revise the Architectural Working Drawings accordingly and the Engineering Working Drawings accordingly, and resubmit them to Landlord only for review of those design issues noted by Landlord after Landlord’s initial review of the Working Drawings. Landlord shall provide written approval or comments within 3 business days of Tenant’s resubmission and the review procedure set forth above shall be repeated. Delay caused by such revisions shall be deemed Tenant Delay. Tenant shall simultaneously submit its Working Drawings to Landlord for review, to Tenant’s contractor for final pricing, and for building permit review. Revisions required by Landlord as a result of its approval shall be incorporated by Tenant into pricing and permitting submittals and any delays shall be deemed Tenant Delay. When approved (or deemed approved) by Landlord and Tenant, the Engineering Working Drawings and the Architectural such Working Drawings shall be acknowledged as such by Tenant and Landlord signing each sheet thereof and such approved drawings shall be deemed the "“Final Working Drawings." Landlord shall pay all costs and expenses incurred in connection with its review and approval of the Architectural working Drawings.”
2.6 Material changes 1.5 Changes to the Final Working Drawings may be made only upon prior written approval of Landlord, which approval shall will not be unreasonably withheld. Landlord shall will respond to all written requests for changes within three (3) business days of Landlord's receipt of the same’s receipt. If Landlord does not respond within much such period, Landlord shall will be deemed to have consented to the requested changes. Landlord’s review of the Space Plans or Tenant’s Working Drawings does not imply approval by Landlord as to the Final Drawings’ compliance with applicable laws.
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