Common use of Submittal of Plans Clause in Contracts

Submittal of Plans. Prior to commencing any work in the Premises, Tenant shall submit to Landlord for Landlord’s review and approval its proposed plans for the tenant improvement work. Landlord shall, within thirty (30) business days after the date of Tenant’s submittal, approve in writing or make any comments to the proposed plans. In the event Landlord fails to approve or request changes to the proposed plans within such thirty (30) day period, such proposed plans shall be deemed approved. If changes are required by Landlord, Tenant shall, within thirty (30) working days of the date Landlord submits its requested changes to the proposed plans, incorporate any changes acceptable to Tenant into a revised set of proposed plans, and shall resubmit such revised proposed plans to Landlord for Landlord’s review and approval. Landlord shall provide its written approval or additional requested change to the revised proposed plans within fifteen (15) business days of Tenant’s resubmission of such revised proposed plans. In the event Landlord fails to approve or request additional changes to the revised proposed plans within such fifteen (15) business day period, such revised proposed plans shall be deemed approved. Tenant may not commence work in the Premises until Tenant has obtained Landlord’s written approval of Tenant’s proposed plans (as revised, if applicable). The tenant improvement work as set forth in the final plans that Landlord has approved in writing shall be referred to as “Tenant’s Work.” Without limiting the foregoing, Tenant’s proposed plans shall include: (a) A separate scale drawing denoting all proposed construction and/or demolition, if necessary. (b) A separate drawing for each trade proposing structural, electrical, mechanical, civil or landscaping modifications in the Expansion Premises. (c) Specify all dimensions and complete references to all work to be performed in the affected areas. (d) If adding extra electrical or mechanical equipment, provide complete operating and maintenance specifications for each item.

Appears in 1 contract

Samples: Lease (Build a Bear Workshop Inc)

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Submittal of Plans. Prior to commencing any work in of the Tenant’s Work on the Premises, Tenant shall submit to Landlord for Landlord’s review and approval its approval, which shall not be unreasonably withheld, Tenant’s proposed plans plans, specifications and working drawings (“Plans”) for the tenant improvement workTenant’s Work. Landlord shall, within thirty shall have ten (3010) business days after to review the date Plans (“Review Period”) and if Landlord does not provide comments on or before the expiration of Tenant’s submittalthe Review Period, approve in writing or make the Plans shall be deemed acceptable. If Landlord makes any comments to the proposed plans. In the event Landlord fails to approve or request changes to the proposed plans within such thirty (30) day period, such proposed plans shall be deemed approved. If changes are required by LandlordPlans, Tenant shall, within thirty (30) working days of the date Landlord submits its requested changes to the proposed plans, shall incorporate any changes acceptable to Tenant required by Landlord into a revised set of proposed plansPlans, and shall resubmit such revised proposed plans Plans to Landlord for Landlord’s review and approval, which shall not be unreasonably withheld. Landlord shall provide its written approval or additional requested change to the revised proposed plans within fifteen have five (155) business days of Tenant’s resubmission of such revised proposed plans. In the event Landlord fails to approve or request additional changes to review the revised proposed plans within such fifteen Plans and if Landlord does not provide comments on or before the expiration of the five (155) business day period, such the proposed and now revised proposed plans Plans shall be deemed approvedacceptable. Tenant may not commence work in any of the Tenant’s Work on the Premises until Tenant has obtained Landlord’s written approval of Tenant’s proposed plans Plans (as revisedrevised per Landlord’s requirements, if applicable), whether such approval is express or deemed, as provided above. The tenant improvement work Tenant shall also be required to procure, at its sole cost and expense and as set forth in a condition to the final plans that Landlord has approved in writing shall be referred to as “commencement of Tenant’s Work.” Without limiting , any and all permits, licenses or other approvals required from any governmental authority having jurisdiction over the foregoing, Premises for the performance of Tenant’s proposed Work (collectively, “Permits”). Tenant shall deliver copies of the Permits to Landlord prior to commencement of Tenant’s Work. Upon completion of Tenant’s Work, Tenant shall deliver to Landlord “as-built” plans for all of Tenant’s Work. All of Tenant’s Work shall include: (a) A separate scale drawing denoting all proposed construction and/or demolition, if necessary. (b) A separate drawing for each trade proposing structural, electrical, mechanical, civil or landscaping modifications in the Expansion Premises. (c) Specify all dimensions and complete references to all work to be performed in accordance with all applicable Laws and all private restrictions encumbering the affected areasPremises. (d) If adding extra electrical or mechanical equipment, provide complete operating and maintenance specifications for each item.

Appears in 1 contract

Samples: Ground Lease (KAR Holdings, Inc.)

Submittal of Plans. Prior to commencing any work in the Premises, (i) Tenant shall submit to Landlord for Landlord’s review and approval its proposed final plans for the tenant improvement workTenant Improvements (the “Final Plans”), including schematic architectural, mechanical, electrical and plumbing drawings, within fifteen (15) days after the date of this Lease. The Final Plans shall be consistent with and a logical extension of the schematic architectural design drawings attached to the Lease as or described on Exhibit B-1 (the “Schematic Drawings”), which Schematic Drawings are hereby approved by Landlord and Tenant. The Final Plans shall provide for interior improvements and finishes similar to, and of equal or higher quality than, the improvements existing on the second floor of the Xxxxxxxx Building on the date of this Lease (the “Xxxxxxxx Second Floor Improvements”). Landlord shall, within thirty five (305) business days after following receipt by Landlord of such plans from Tenant, review, comment on and return the date Final Plans to Tenant, marked “Approved” or “Disapproved as Noted, Revise and Resubmit.” Landlord shall not unreasonably withhold its approval of Tenant’s submittalthe Final Plans, approve in writing or make any comments provided that the Final Plans are consistent with and a logical extension of the Schematic Drawings. If the Final Plans are returned to Tenant marked “Approved,” the proposed plans. In the event Landlord fails to approve or request changes to the proposed plans within such thirty (30) day period, such proposed plans Final Plans shall be deemed approvedapproved by Landlord. If changes the Final Plans are required by Landlord, Tenant shall, within thirty (30) working days of the date Landlord submits its requested changes to the proposed plans, incorporate any changes acceptable returned to Tenant marked “Disapproved as Noted, Revise and Resubmit,” Tenant shall cause such plans to be revised, taking into a revised set of proposed plansaccount the reasons for Landlord’s disapproval, and shall resubmit such revised proposed plans to Landlord for review within five (5) days after return of the Final Plans to Tenant by Landlord’s review and approval. Landlord shall provide its written approval or additional requested change to the revised proposed plans within fifteen (15) business days of Tenant’s resubmission of such revised proposed plans. In the event Landlord fails to approve or request additional changes to the revised proposed plans within such fifteen (15) business day period, such revised proposed plans The same procedure shall be deemed approved. Tenant may not commence work in repeated until Landlord fully approves the Premises until Tenant has obtained Landlord’s written approval of Tenant’s proposed plans (as revised, if applicable). The tenant improvement work as set forth in the final plans that Landlord has approved in writing shall be referred to as “Tenant’s Work.” Without limiting the foregoing, Tenant’s proposed plans shall include: (a) A separate scale drawing denoting all proposed construction and/or demolition, if necessaryFinal Plans. (bii) A separate drawing for each trade proposing structuralIf the parties are unable to reach agreement on the Final Plans within forty-five (45) days following the initial submission of the Final Plans to Landlord, electricaleither party may terminate the Lease upon notice to the other within ten (10) days following the expiration of such forty-five (45) day period; provided, mechanicalhowever, civil or landscaping modifications in that (A) Tenant shall have the Expansion Premisesright to terminate this Lease pursuant to this Paragraph 2(b)(ii) only if the Final Plans proposed by Tenant are consistent with and a logical extension of the Schematic Drawings, and if Landlord unreasonably withholds its consent to such Final Plans, and (B) Landlord shall not terminate this Lease pursuant to this Paragraph 2(b)(ii) if the Final Plans proposed by Tenant are consistent with, and a logical extension of, the Schematic Drawings. (ciii) Specify all dimensions Landlord shall have the right under Paragraph 2(b)(i) above in approving or reasonably disapproving the Final Plans to take into account, among other reasonable criteria, whether the Final Plans are consistent with, and complete references to all work to a logical extension of, the Schematic Drawings, and whether the Final Plans provide for interior improvements and finishes consistent with, and of equal or higher quality than, the Xxxxxxxx Second Floor Improvements. Tenant shall be performed solely responsible for: (A) the completeness of the Final Plans; (B) the conformity of the Final Plans with the actual conditions existing in the affected areasPremises, and (C) the compliance of the Final Plans with all applicable Laws, including, without limitation, the ADA. When the Final Plans are approved by Landlord and Tenant, they shall be acknowledged as such by Landlord and Tenant signing each sheet of the Final Plans. If the Final Plans were prepared on a computer assisted design (“CAD”) system, Tenant shall also deliver to Landlord an electronic version of the approved Final Plans in CAD format. (d) If adding extra electrical or mechanical equipment, provide complete operating and maintenance specifications for each item.

Appears in 1 contract

Samples: Lease Agreement (Kyphon Inc)

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Submittal of Plans. Prior to commencing any work in the Premises, Tenant shall submit to Landlord for Landlord’s review and approval its proposed final plans for the tenant improvement work. Landlord shallTenant Improvements (the "Final Plans"), including schematic architectural, mechanical, electrical and plumbing drawings, within thirty (30) business days after the date of Tenant’s submittal, approve in writing or make any comments this Amendment. The Final Plans shall be consistent with and a logical extension of the schematic architectural design drawings attached to the proposed plansAmendment as or described on Exhibit B- 1 (the "Schematic Drawings"), which Schematic Drawings are hereby approved by Landlord and Tenant. In The Final Plans shall provide for interior improvements and finishes similar to, and of equal or higher quality than, the event Landlord fails to approve or request changes improvements that existed on the second floor of the Xxxxxxxx Building as of the date of the Lease (i.e., the same standard required under Exhibit B to the proposed Lease) (the "Xxxxxxxx and Java Improvements"). Landlord shall, within five (5) business days following receipt by Landlord of such plans within such thirty (30) day periodfrom Tenant, such proposed plans review, comment on and return the Final Plans to Tenant, marked "Approved" or "Disapproved as Noted, Revise and Resubmit." Landlord shall not unreasonably withhold its approval of the Final Plans, provided that the Final Plans are consistent with and a logical extension of the Schematic Drawings. If the Final Plans are returned to Tenant marked "Approved," the Final Plans shall be deemed approvedapproved by Landlord. If changes the Final Plans are required by Landlord, Tenant shall, within thirty (30) working days of the date Landlord submits its requested changes to the proposed plans, incorporate any changes acceptable returned to Tenant marked "Disapproved as Noted, Revise and Resubmit," Tenant shall cause such plans to be revised, taking into a revised set of proposed plansaccount the reasons for Landlord's disapproval, and shall resubmit such revised proposed plans to Landlord for review within five (5) days after return of the Final Plans to Tenant by Landlord’s review . The same procedure shall be repeated until Landlord fully approves the Final Plans. If the parties are unable to reach agreement on the Final Plans within forty-five (45) days following the initial submission of the Final Plans to Landlord, either party may terminate the Amendment upon notice to the other within ten (10) days following the expiration of such forty-five (45) day period; provided, however, that (A) Tenant shall have the right to terminate this Amendment pursuant to this Paragraph 2(b)(ii) only if the Final Plans proposed by Tenant are consistent with and approvala logical extension of the Schematic Drawings, and if Landlord unreasonably withholds its consent to such Final Plans, and (B) Landlord shall not terminate this Amendment pursuant to this Paragraph 2(b)(ii) if the Final Plans proposed by Tenant are consistent with, and a logical extension of, the Schematic Drawings. Landlord shall have the right under Paragraph 2(b)(i) above in approving or reasonably disapproving the Final Plans to take into account, among other reasonable criteria, whether the Final Plans are consistent with, and a logical extension of, the Schematic Drawings, and whether the Final Plans provide its written approval for interior improvements and finishes consistent with, and of equal or additional requested change to higher quality than, the revised proposed plans within fifteen (15) business days of Tenant’s resubmission of such revised proposed plansXxxxxxxx and Java Improvements. In the event Landlord fails to approve or request additional changes to the revised proposed plans within such fifteen (15) business day period, such revised proposed plans Tenant shall be deemed approved. Tenant may not commence work in solely responsible for: (A) the Premises until Tenant has obtained Landlord’s written approval completeness of Tenant’s proposed plans the Final Plans; (as revised, if applicable). The tenant improvement work as set forth in B) the final plans that Landlord has approved in writing shall be referred to as “Tenant’s Work.” Without limiting conformity of the foregoing, Tenant’s proposed plans shall include: (a) A separate scale drawing denoting all proposed construction and/or demolition, if necessary. (b) A separate drawing for each trade proposing structural, electrical, mechanical, civil or landscaping modifications Final Plans with the actual conditions existing in the Expansion PremisesSpace, and (C) the compliance of the Final Plans with all applicable Laws, including, without limitation, the ADA. When the Final Plans are approved by Landlord and Tenant, they shall be acknowledged as such by Landlord and Tenant signing each sheet of the Final Plans. If the Final Plans were prepared on a computer assisted design ("CAD") system, Tenant shall also deliver to Landlord an electronic version of the approved Final Plans in CAD format. (c) Specify all dimensions and complete references to all work to be performed in the affected areas. (d) If adding extra electrical or mechanical equipment, provide complete operating and maintenance specifications for each item.

Appears in 1 contract

Samples: Lease Agreement (Kyphon Inc)

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