Common use of Tenant Improvement Construction Documents Clause in Contracts

Tenant Improvement Construction Documents. On or before June 1,2007, Tenant shall cause its architect to prepare construction documents for the Tenant Improvement Work based on the preliminary schematic plans attached to this Lease as Exhibit B-2 (such construction drawings being hereinafter called the "Tenant Improvement Construction Documents") and shall submit the same to Landlord for its approval as set forth herein. Landlord shall review the Tenant Improvement Construction Documents and within fifteen (15) business days after receipt thereof Landlord shall provide Tenant with written notice of either (i) its approval of the Tenant Improvement Construction Documents or (ii) the need for additional information in order to review and approve the same. In its approval of the Tenant Improvement Construction Documents, Landlord shall specify those alterations, additions and improvements that must be removed by Tenant at the expiration or earlier termination of the Term. Landlord's failure to so respond within said fifteen (15) business day period shall be deemed to constitute Landlord's approval of the Tenant Improvement Construction Documents and determination that the alterations, additions and improvements shown thereon do not need to be removed by Tenant at the expiration or earlier termination of the Term. Notwithstanding the foregoing, it is understood and agreed that Tenant may apply for a building permit from the appropriate municipal officials prior to Landlord's final approval of the Tenant Improvement Construction Documents; provided that if Landlord shall disapprove any element of the Tenant Improvement Construction Documents, Tenant shall promptly revise the Tenant Improvement Construction Documents accordingly and (if required) resubmit the same to the municipal authorities. The Tenant Improvement Construction Documents, once approved or deemed approved, shall be referred to as the "Approved Tenant Improvement Construction Documents."

Tenant Improvement Construction Documents. On or before June 1,20071, 2007, Tenant shall cause its architect to prepare construction documents for the Tenant Improvement Work based on the preliminary schematic plans attached to this Lease as Exhibit B-2 (such construction drawings being hereinafter called the "Tenant Improvement Construction Documents") and shall submit the same to Landlord for its approval as set forth herein. Landlord shall review the Tenant Improvement Construction Documents and within fifteen (15) business days after receipt thereof Landlord shall provide Tenant with written notice of either (i) its approval of the Tenant Improvement Construction Documents or (ii) the need for additional information in order to review and approve the same. In its approval of the Tenant Improvement Construction Documents, Landlord shall specify those alterations, additions and improvements that must be removed by Tenant at the expiration or earlier termination of the Term. Landlord's failure to so respond within said fifteen (15) business day period shall be deemed to constitute Landlord's approval of the Tenant Improvement Construction Documents and determination that the alterations, additions and improvements shown thereon do not need to be removed by Tenant at the expiration or earlier termination of the Term. Notwithstanding the foregoing, it is understood and agreed that Tenant may apply for a building permit from the appropriate municipal officials prior to Landlord's final approval of the Tenant Improvement Construction Documents; provided that if Landlord shall disapprove any element of the Tenant Improvement Construction Documents, Tenant shall promptly revise the Tenant Improvement Construction Documents accordingly and (if required) resubmit the same to the municipal authorities. The Tenant Improvement Construction Documents, once approved or deemed approved, shall be referred to as the "Approved Tenant Improvement Construction Documents."

Tenant Improvement Construction Documents. On All leasehold improvements that Tenant desires to make to the Premises (other than the Landlord’s Work) (collectively, the “TENANT’S WORK”), shall be designed by Tenant (to the extent not designed by Landlord as part of the Landlord’s Work) and shall be constructed by Tenant, all at Tenant’s sole cost and expense. All improvements to be constructed by or before June 1,2007on behalf of Tenant shall conform with the Tenant Fit-Out Criteria attached as Exhibit “D” to the Lease. All of the Tenant’s Work shall be performed by or on behalf of Tenant in a good and workmanlike manner and in accordance with all local, state and federal laws, ordinances, building codes (including any variances lawfully granted) and other applicable requirements of duly constituted public authorities and in accordance with the terms of this Exhibit “E”. Tenant shall be responsible for obtaining all building permits and other governmental permits and approvals necessary for the construction of Tenant’s Work. Landlord shall cooperate with Tenant, at Tenant’s cost, in Tenant’s efforts to obtain such permits and other approvals. Landlord and Tenant shall work cooperatively together to develop the Final Tenant Improvement Construction Documents in the manner described below in this Subsection 1. (i) Tenant shall cause the architect and engineer selected by Tenant and reasonably approved by Landlord to design and oversee the Tenant’s Work (the “TENANT DESIGN TEAM”) to prepare, and forward to Landlord for Landlord’s review and approval, conceptual documents generally describing the proposed Tenant’s Work (the “TENANT IMPROVEMENT CONCEPTUAL DOCUMENTS”). Schedule 3 hereto sets out the time schedule for submittal of the Tenant Improvement Conceptual Documents to Landlord, for Landlord’s comments thereon to Tenant and the Tenant Design Team, and for the resubmittal of revised Tenant Improvement Conceptual Documents by the Tenant Design Team to Landlord. Landlord’s approval of the proposed Tenant Improvement Conceptual Documents shall not be unreasonably withheld, conditioned or delayed. Without limiting the generality of the foregoing, Landlord’s disapproval of the Tenant Improvement Conceptual Documents shall not be deemed unreasonable if, in Landlord’s professional judgment, the improvements contemplated in the Tenant Improvement Conceptual Documents (a) are inconsistent with a first class building, (b) would have an adverse effect on the Building (including, without limitation, structural elements of the Building), or any Building System, (c) would materially diminish the value of the Building or the Property, or (d) are inconsistent with the Tenant Fit-Out Criteria attached as Exhibit “D” to the Lease. If Landlord disapproves the Tenant Improvement Conceptual Documents, Landlord shall state the reasons for such disapproval and Tenant shall incorporate the necessary changes into the Tenant Improvement Conceptual Documents and resubmit same to Landlord for review in accordance with the process described in this Paragraph. (ii) Tenant shall then cause the Tenant Design Team to prepare, and forward to Landlord for Landlord’s review, schematic design documents for the Tenant’s Work which shall be based in all material respects on the Tenant Improvement Conceptual Documents (the “TENANT IMPROVEMENT SCHEMATIC DOCUMENTS”). Schedule 3 hereto sets out the time schedule for submittal of the Tenant Improvement Schematic Documents to Landlord, for Landlord’s comments thereon to Tenant and the Tenant Design Team, and for the resubmittal of revised Tenant Improvement Schematic Documents by the Tenant Design Team. In the event Landlord fails to provide any comment within the appropriate time period indicated on Schedule 3, the Tenant Improvement Schematic Documents so submitted shall be deemed to have been approved by Landlord. Any comments or suggested changes of Landlord shall be in writing and may be noted on the applicable drawings and plans provided they are legible and sufficiently detailed as warranted under the circumstances, including specific references and notations on applicable drawings and plans to highlight areas in which changes are requested. Landlord’s comments shall be limited to reasonable changes with respect to newly developed features in the Tenant Improvement Schematic Documents that materially deviate from the Tenant Improvement Conceptual Documents (as opposed to refinements of features that existed in the previous set of Tenant Improvement Conceptual Documents). If Landlord advises Tenant of requested changes to the Tenant Improvement Schematic Documents in a timely manner in accordance with Schedule 3 hereto, Tenant shall incorporate such changes into the Tenant Improvement Schematic Documents within the time period provided in Schedule 3. (iii) Tenant shall then cause its architect the Tenant Design Team to prepare, and forward to Landlord for Landlord’s review, design development documents for the Tenant’s Work which shall be consistent in all material respects with the Tenant Improvement Schematic Documents (the “TENANT IMPROVEMENT DESIGN DEVELOPMENT DOCUMENTS”), which shall consist of drawings and other documents to fix and describe the character of the Tenant’s Work as to architectural, mechanical and electrical systems, materials and such other elements as may be appropriate. Schedule 3 hereto sets out the time schedule for submittal of the proposed Tenant Improvement Design Development Documents to Landlord, for Landlord’s comments thereon to Tenant and the Tenant Design Team, and for the resubmittal of revised proposed Tenant Improvement Design Development Documents by the Tenant Design Team to Landlord. In the event Landlord fails to provide any comment within the appropriate time period indicated on Schedule 3, the proposed Tenant Improvement Design Development Documents so submitted shall be deemed to have been approved by Landlord. Any comments or suggested changes of Landlord shall be in writing and may be noted on the applicable drawings and plans provided they are legible and sufficiently detailed as warranted under the circumstances, including specific references and notations on applicable drawings and plans to highlight areas in which changes are requested. Landlord’s comments shall be limited to reasonable changes with respect to newly developed features in the proposed Tenant Improvement Design Development Documents that materially deviate from the Tenant Improvement Schematic Documents (as opposed to refinements of features that existed in the previous set of Tenant Improvement Conceptual Documents or Tenant Improvement Schematic Documents). If Landlord advises Tenant of requested changes in the Tenant Improvement Design Development Documents in a timely manner in accordance with Schedule 3 hereto, Tenant shall incorporate such changes into the Tenant Improvement Design Development Documents within the time period provided in Schedule 3. (iv) The Tenant Design Team shall then prepare complete construction documents for the Tenant’s Work consistent with the final Tenant Improvement Design Development Documents, which shall consist of drawings and specifications setting forth in detail the requirements for the construction of the Tenant’s Work based on (the preliminary schematic plans attached to this Lease as Exhibit B-2 (such construction drawings being hereinafter called “TENANT IMPROVEMENT CONSTRUCTION DOCUMENTS”). Schedule 3 hereto sets out the "time schedule for submittal of the proposed Tenant Improvement Construction Documents") Documents to Landlord, for Landlord’s comments thereon to Tenant and the Tenant Design Team, and for the resubmittal of revised proposed Tenant Improvement Construction Documents by the Tenant Design Team to Landlord. In the event Landlord fails to provide any comment within the appropriate time period indicated on Schedule 3, the proposed Tenant Improvement Construction Documents so submitted shall submit the same be deemed to Landlord for its approval as set forth hereinhave been approved by Landlord. Any comments or suggested changes of Landlord shall review be in writing and may be noted on the applicable drawings and plans provided they are legible and sufficiently detailed as warranted under the circumstances, including specific references and notations on applicable drawings and plans to highlight areas in which changes are requested. Landlord’s comments shall be limited to reasonable changes with respect to newly developed features in the proposed Tenant Improvement Construction Documents that materially deviate from the Tenant Improvement Design Development Documents (as opposed to refinements of features that existed in the previous set of Tenant Improvement Conceptual Documents or Tenant Improvement Schematic Documents). If Landlord advises Tenant of such requested changes in the Tenant Improvement Construction Documents and within fifteen (15) business days after receipt thereof Landlord in a timely manner in accordance with Schedule 3 hereto, Tenant shall provide Tenant with written notice of either (i) its approval of incorporate such changes into the Tenant Improvement Construction Documents or (ii) within the need for additional information time period provided in order to review and approve the sameSchedule 3. In its approval The final form of the Tenant Improvement Construction Documents, Landlord as they shall specify those alterationshave been developed and approved in accordance with the procedures set forth in this Subsection iv, additions and improvements that must be removed by Tenant at the expiration or earlier termination of the Term. Landlord's failure to so respond within said fifteen (15) business day period shall be deemed to constitute Landlord's approval of the Tenant Improvement Construction Documents and determination that the alterations, additions and improvements shown thereon do not need to be removed by Tenant at the expiration or earlier termination of the Term. Notwithstanding the foregoing, it is understood and agreed that Tenant may apply for a building permit from the appropriate municipal officials prior to Landlord's final approval of the Tenant Improvement Construction Documents; provided that if Landlord shall disapprove any element of the Tenant Improvement Construction Documents, Tenant shall promptly revise the Tenant Improvement Construction Documents accordingly and (if required) resubmit the same to the municipal authorities. The Tenant Improvement Construction Documents, once approved or deemed approved, shall be are referred to as the "Approved “FINAL TENANT IMPROVEMENT CONSTRUCTION DOCUMENTS”. (v) In addition to the foregoing, the design of certain utilities, risers and other elements of the Tenant’s Work will impact the design of the Base Building Work (“CRITICAL DESIGN ELEMENTS”) and therefore require an accelerated review and approval protocol. Accordingly, Schedule 4 hereto sets out the time schedule for submittal of the plans and other information related to the Critical Design Elements to Landlord, for Landlord’s comments thereon to Tenant, and for Tenant’s resubmittal of the revised plans to Landlord. Failure of Tenant Improvement to meet these dates shall not constitute a Tenant Delay but shall authorize Landlord to make certain assumptions about the location and configuration of the Critical Design Elements, and any subsequent need or desire by Tenant to relocate or reconfigure any of the Critical Design Elements shall be submitted to Landlord as a Tenant Change Request, and any delay resulting therefrom shall be a Tenant Delay. (vi) Any delays of Tenant in submitting or re-submitting the TI Conceptual Documents, the TI Schematic Documents, the TI Design Development Documents, the TI Construction Documents, and any delays in the progress of the Landlord’s Work resulting from review and/or implementation of any changes in the design of the Tenant’s Work initiated by Tenant, shall extend on a day-for-day basis all target dates and deadlines for Landlord relating to the completion and delivery of the Landlord’s Work, and for providing access to the Building to Tenant for, among other things, the construction of the Tenant’s Work and the installation of Tenant’s furniture, fixtures and equipment, and shall be a Tenant Delay. Landlord’s review and/or approval of any of Tenant’s plans, drawings or specifications shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency or compliance with Laws."