Tenant’s Plans. (i) Tenant shall diligently pursue the preparation of all drawings, plans and specifications for Tenant Improvements in accordance with this Paragraph 2(b). All such plans, drawings and specifications shall be performed by an architect and/or engineer (as applicable) reasonably acceptable to Landlord and Tenant, and shall include the following: (i) a space plan for the Premises; (ii) complete architectural, engineering and other plans for the Tenant Improvements; and (iii) a list of tenant improvement building standards for interior design, including a schedule (e.g. color palate, material board and spec sheets) of all interior color and finishes. Items (ii) and (iii) above are collectively referred to herein as “Working Drawings”. The space plan and Working Drawings shall comply with all applicable regulations, laws, ordinances, codes and rules. Tenant shall submit its space plan to Landlord, for review and approval in Landlord’s sole discretion. Within ten (10) business days after such submission, Landlord shall either approve or disapprove the space plan. Tenant shall make any changes necessary in order to correct any item identified by Landlord as grounds for its disapproval, and shall resubmit the correct space plan to Landlord within ten (10) business days after Landlord’s disapproval. Within ten (10) business days after Landlord received the revised space plan, Landlord shall approve or disapprove it. This procedure shall be repeated until the space plan is finally approved by Landlord and written approval has been delivered to Tenant. If Landlord fails to approve or disapprove any submission within the required time period Landlord shall be deemed to have disapproved such submission. Landlord has approved the space plan for Building 2, a copy of which is attached hereto as Schedule 2 (the “Building 2 Space Plan”), subject to Landlord’s right to review and approve the Working Drawings, interior color and finishes, materials, specifications, and other items pursuant to Paragraph 2(b)(ii) and (iii) below, and further subject to compliance and conformance with the Minimum Specifications (as defined in Paragraph 2(b)(iii) below). (ii) Within twenty-one (21) days after Landlord has finally approved Tenant’s space plan, Tenant shall submit its Working Drawings and a pallet of interior colors and finishes to Landlord for Landlord’s review and approval, in Landlord’s sole discretion. Landlord’s approval or disapproval of such Working Drawings and pallet, and Tenant’s response thereto, shall follow the procedure (including deemed disapproval) described in Subsection (i) above with respect to the space plan. All items finally approved by Landlord pursuant to this Paragraph 2(b) are referred to herein collectively as “Tenant’s Plans”. Once approved by Landlord, no changes shall be made to Tenant’s Plans without the prior written approval of Landlord, in Landlord’s sole discretion. (iii) Landlord has established a partial list of Minimum Building Specifications for Building 2 (the “Minimum Specifications”) which is attached to this Exhibit as Schedule 1, for use in the design and construction of the Tenant Improvements, provided that the Minimum Specifications is not a complete list of products, specifications and finishes to be used in the construction of the Tenant Improvements and accordingly, Tenant shall cause to be described in the Working Drawings all products, specifications and finishes to be used in the construction of the Tenant Improvements which are not otherwise listed on, or which deviate from, the Minimum Specifications, all of which shall be subject to Landlord’s approval in Landlord’s sole discretion. Unless otherwise expressly agreed to by Landlord, the portion of the Tenant Improvements pertaining to the products, specifications and finishes specified in the Minimum Specifications shall comply with the Minimum Specifications.
Appears in 3 contracts
Samples: Lease Agreement (Cloudera, Inc.), Sublease (Cloudera, Inc.), Lease Agreement (Cloudera, Inc.)
Tenant’s Plans. (i) Tenant shall diligently pursue be solely responsible for the preparation of all the final architectural, electrical and mechanical construction drawings, plans and specifications (called “Tenant’s Plans”) necessary to construct the Relocation Premises for Tenant Improvements in accordance with this Paragraph 2(b). All such plansTenant’s occupancy, drawings and specifications which plans shall be performed by an architect and/or engineer (as applicable) reasonably acceptable submitted to Landlord for approval by Landlord’s architect and engineers on or before June 1, 2012, and Tenant, and shall include the following: (i) a space plan for the Premises; (ii) complete architectural, engineering and other plans for the Tenant Improvements; and (iii) a list of tenant improvement building standards for interior design, including a schedule (e.g. color palate, material board and spec sheets) of all interior color and finishes. Items (ii) and (iii) above are collectively referred to herein as “Working Drawings”. The space plan and Working Drawings ’s Plans shall comply with all applicable regulations, laws, ordinances, codes their requirements to avoid aesthetic or other conflicts with the design and rulesfunction of the balance of the Building. Tenant shall submit its space plan to Landlord, for review and approval in Landlord’s sole discretionarchitect and engineers shall respond to any plan submission by Tenant within five (5) Business Days after Landlord’s receipt thereof. Within ten In the event Landlord’s architect’s or engineers’ approval of Tenant’s Plans is withheld or conditioned (10) business days after and such submissionapproval shall not be unreasonably withheld or conditioned), Landlord shall either approve send written notification thereof to Tenant and include a reasonably detailed statement identifying the reasons for such refusal or disapprove the space plan. condition, and Tenant shall make any changes necessary in order have the plans revised by its architect to correct any item identified incorporate all reasonable objections and conditions presented by Landlord as grounds for its disapproval, and shall resubmit the correct space plan such plans to Landlord within ten (10) business days after receipt of Landlord’s notice of disapproval. Within ten (10) business days after Landlord received the revised space plan, Landlord shall approve or disapprove it. This procedure Such process shall be repeated followed until the space plan is finally plans shall have been approved by Landlord the Landlord’s architect and written approval has been delivered to Tenantengineer without unreasonable objection or condition, except that after the initial five-(5)-Business-day period, any further submissions/resubmissions shall be made within three (3) Business Days. If Landlord fails to approve or disapprove any submission respond to submitted plans within the required time applicable period Landlord set forth above, then the September 10, 2012, date set forth in the table incorporated in Section III.A below shall be deemed to have disapproved extended on a day-for-day basis for each day that any such submissionfailure continues. Landlord has approved Without limiting the space plan for Building 2, a copy of which is attached hereto as Schedule 2 (the “Building 2 Space Plan”), subject to Landlord’s right to review and approve the Working Drawings, interior color and finishes, materials, specifications, and other items pursuant to Paragraph 2(b)(ii) and (iii) below, and further subject to compliance and conformance with the Minimum Specifications (as defined in Paragraph 2(b)(iii) below).
(ii) Within twenty-one (21) days after Landlord has finally approved Tenant’s space planforegoing, Tenant shall submit its Working Drawings be responsible for all elements of the design of Tenant’s plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Relocation Premises and a pallet the placement of interior colors Tenant’s furniture, appliances and finishes to Landlord for Landlord’s review equipment), and approval, in Landlord’s sole discretion. Landlord’s approval or disapproval of such Working Drawings and pallet, and Tenant’s response thereto, shall follow the procedure (including deemed disapproval) described in Subsection (i) above with respect to the space plan. All items finally approved by Landlord pursuant to this Paragraph 2(b) are referred to herein collectively as “Tenant’s Plans”. Once approved by Landlord, no changes shall be made to Tenant’s Plans without shall in no event relieve Tenant of the prior written approval responsibility for such design. Tenant shall be solely responsible for the timely preparation and submission of Landlord, in Landlord’s sole discretion.
(iii) Landlord has established a partial list all such Tenant Plans and for all elements of Minimum Building Specifications for Building 2 (the “Minimum Specifications”) which is attached to this Exhibit as Schedule 1, for use in the design of such Tenant’s Plans and construction of the Tenant Improvements, provided that the Minimum Specifications is not a complete list of products, specifications and finishes to be for all costs related thereto. (The word “architect” as used in the construction of the Tenant Improvements and accordingly, Tenant this Section II (C) shall cause to be described in the Working Drawings all products, specifications and finishes to be used in the construction of the Tenant Improvements which are not otherwise listed on, include an interior designer or which deviate from, the Minimum Specifications, all of which shall be subject to Landlord’s approval in Landlord’s sole discretion. Unless otherwise expressly agreed to by Landlord, the portion of the Tenant Improvements pertaining to the products, specifications and finishes specified in the Minimum Specifications shall comply with the Minimum Specificationsspace planner.)
Appears in 3 contracts
Samples: Office Lease Agreement (Imprivata Inc), Office Lease Agreement (Imprivata Inc), Office Lease Agreement (Imprivata Inc)
Tenant’s Plans. (i) Tenant shall diligently pursue submit to Landlord, no later than the preparation of all drawingsTenant Plans Date, plans a detailed floor plan layout together with working drawings (the “Tenant’s Submission”) for Tenant’s Work. Such floor plan layout and specifications for Tenant Improvements in accordance with this Paragraph 2(b). All such plans, working drawings and specifications (the “Plans”) shall be performed by an architect and/or engineer (as applicable) reasonably acceptable to Landlord and Tenantcontain at least the information required by, and shall include conform to the following: requirements of, Exhibit B-3. Provided that the Plans contain at least the information required by, and conform to the requirements of, said Exhibit B-3, Landlord’s approval of the Plans shall not be unreasonably withheld, conditioned or delayed and shall be conclusively deemed granted unless Landlord reasonably disapproves thereof in writing within fifteen (i15) a space plan for days of Landlord’s receipt thereof; however, Landlord’s determination of matters which may impact the Premises; (ii) complete architectural, engineering and other plans for structure of the Tenant Improvements; and (iii) a list of tenant improvement building standards for interior design, including a schedule (e.g. color palate, material board and spec sheets) of all interior color and finishes. Items (ii) and (iii) above are collectively referred to herein as “Working Drawings”. The space plan and Working Drawings Building shall comply with all applicable regulations, laws, ordinances, codes and rules. Tenant shall submit its space plan to Landlord, for review and approval be in Landlord’s sole discretion. Within ten (10) business days after such submissionIf Landlord disapproves of any Plans, Landlord shall either approve or disapprove the space plan. so notify Tenant within fifteen (15) days of Landlord’s receipt thereof, and Tenant shall make any changes necessary in order have the Plans revised by Tenant’s Architect to correct any item identified incorporate all objections and conditions presented by Landlord as grounds for its disapproval, and shall resubmit the correct space plan such revised Plans to Landlord within ten (10) business days after Landlord’s disapproval. Within ten (10) business days after Landlord received the revised space plan, Landlord shall approve or disapprove it. This procedure shall be repeated until the space plan is finally approved by Landlord and written approval has been delivered to Tenant. If Landlord fails to approve or disapprove any submission within the required time period Landlord shall be conclusively deemed to have disapproved such submission. Landlord has approved the space plan for Building 2, a copy same and shall be conclusively deemed granted unless Landlord reasonably disapproves thereof in writing within seven (7) days of which is attached hereto as Schedule 2 (the “Building 2 Space Plan”), subject to Landlord’s right receipt thereof (or any subsequent set of comments/revisions). Such process shall be followed until the Plans shall have been approved by the Landlord without unreasonable objection or condition.If for any reason Tenant desires to review and approve materially modify or amend the Working DrawingsPlans, interior color and finishes, materials, specifications, and other items pursuant or to Paragraph 2(b)(ii) and (iii) below, and further subject to compliance and conformance with the Minimum Specifications (as defined vary therefrom in Paragraph 2(b)(iii) below).
(ii) Within twenty-one (21) days after Landlord has finally approved Tenant’s space planany material respect, Tenant shall so notify Landlord and submit its Working Drawings and a pallet of interior colors and finishes any such material modification, to Landlord for Landlord’s review and approval, which approval shall not be unreasonably withheld, delayed or conditioned, and shall be conclusively deemed granted if Landlord does not notify Tenant in Landlord’s sole discretion. Landlord’s approval or writing of its disapproval of such Working Drawings and pallet, and Tenantthe same within seven (7) days following Xxxxxxxx’s response thereto, shall follow the procedure (including deemed disapproval) described in Subsection (i) above with respect to the space planreceipt thereof. All items finally The Plans so approved by Landlord pursuant to this Paragraph 2(b) are shall be referred to herein collectively as the “Tenant’s Approved Plans”. Once approved by Landlord, no changes shall be made to Tenant’s Plans without the prior written approval of Landlord, in Landlord’s sole discretion.
00 Xxxxxxxx Xxxxxx - Fractyl (iii) Landlord has established a partial list of Minimum Building Specifications for Building 2 (the “Minimum Specifications”) which is attached to this Exhibit as Schedule 1, for use in the design and construction of the Tenant Improvements, provided that the Minimum Specifications is not a complete list of products, specifications and finishes to be used in the construction of the Tenant Improvements and accordingly, Tenant shall cause to be described in the Working Drawings all products, specifications and finishes to be used in the construction of the Tenant Improvements which are not otherwise listed on, or which deviate from, the Minimum Specifications, all of which shall be subject to Landlord’s approval in Landlord’s sole discretion. Unless otherwise expressly agreed to by Landlord, the portion of the Tenant Improvements pertaining to the products, specifications and finishes specified in the Minimum Specifications shall comply with the Minimum Specifications.FINAL)
Appears in 2 contracts
Samples: Lease Agreement (Fractyl Health, Inc.), Lease (Fractyl Health, Inc.)
Tenant’s Plans. In connection with the performance of the work necessary to prepare the Premises for Tenant’s initial occupancy and business operations, including without limitation, the installation of all furniture and fixtures (“Tenant’s Work”), (A) Tenant has submitted to Landlord, and Landlord has approved, a preliminary description of certain aspects of Tenant’s Work attached hereto as Exhibit 3C (“Tenant’s Program”), and (B) Tenant shall submit to Landlord for Landlord’s approval (i) Tenant shall diligently pursue the preparation name of all drawingsand other reasonably requested information regarding Xxxxxx’s proposed architect, plans licensed structural engineer, HVAC and specifications for Tenant Improvements in accordance with this Paragraph 2(b). All such plans, drawings MEP engineers and specifications shall be performed by an architect and/or engineer (as applicable) reasonably acceptable to Landlord and Tenant, and shall include the following: (i) a space plan for the Premisesgeneral contractor; (ii) complete architecturalon or before July 15, engineering and other 2013, a set of schematic plans for Xxxxxx’s proposed design of the Tenant Improvements; and Premises (the “Schematic Plans”), (iii) a list on or before September 30, 2013, an initial set of tenant improvement building standards for interior designpermit plans sufficient to permit Tenant to commence Tenant’s Work (“Permit Plans”), including a schedule (e.g. color palate, material board and spec sheets) of all interior color and finishes. Items (ii) and (iiiiv) above on or before October 31, 2013, a full set of construction drawings (“Final Construction Drawings”) for Tenant’s Work. The Schematic Plans, the Permit Plans and the Final Construction Drawings are collectively referred to herein as the “Working Drawings”Plans.” Xxxxxxxx’s approval of the architect, HVAC and MEP engineers and general contractor shall not be unreasonably withheld, conditioned or delayed. The space plan Landlord acknowledges that the architect, HVAC and Working Drawings MEP engineers and general contractor listed on Exhibit 3D attached hereto are hereby approved. Xxxxxxxx’s approval of the Plans shall comply with all applicable regulationsnot be unreasonably withheld, laws, ordinances, codes conditioned or delayed. Xxxxxxxx’s approval is solely given for the benefit of Landlord and rules. Tenant under this Section 3.3(a) and neither Tenant nor any third party shall submit its space plan have the right to Landlord, for review and approval in rely upon Landlord’s sole discretionapproval of the Plans for any other purpose whatsoever. Within ten (10) business days after such submission, Landlord shall either approve or disapprove Xxxxxxxx agrees to respond to any request for approval of the space plan. Tenant shall make any changes necessary in order to correct any item identified by Landlord as grounds for its disapproval, and shall resubmit the correct space plan to Landlord Plans within ten (10) business days after Landlord’s disapproval. Within ten receipt thereof and to respond to any re-submitted request for approval of the Plans following initial submittal of the same within three (103) business days after Landlord received the revised space plan, receipt thereof. Landlord shall approve cooperate with Tenant, at Tenant’s sole cost and expense, in connection with Tenant’s application for any state or disapprove it. This procedure municipal permits or approvals required in connection with the design, construction or maintenance of Tenant’s Work, including signing applications therefor to the extent required of building or property owners; provided, however, in no event shall Tenant apply for any special permits or variances from the Town of Lexington without Landlord’s approval, not to be repeated until the space plan is finally unreasonably withheld, conditioned or delayed, it being understood and agreed that in no event shall any special permit or variance for which Tenant applies impose any conditions on Landlord unless approved by Landlord and written approval has been delivered to Tenant. If Landlord fails to approve or disapprove any submission within the required time period Landlord shall be deemed to have disapproved such submission. Landlord has approved the space plan for Building 2, a copy of which is attached hereto as Schedule 2 (the “Building 2 Space Plan”), subject to Landlord’s right to review and approve the Working Drawings, interior color and finishes, materials, specifications, and other items pursuant to Paragraph 2(b)(ii) and (iii) below, and further subject to compliance and conformance with the Minimum Specifications (as defined in Paragraph 2(b)(iii) below).
(ii) Within twenty-one (21) days after Landlord has finally approved Tenant’s space plan, Tenant shall submit its Working Drawings and a pallet of interior colors and finishes to Landlord for Landlord’s review and approval, in Landlord’s sole discretion. Landlord’s approval or disapproval of such Working Drawings and pallet, and Tenant’s response thereto, shall follow the procedure (including deemed disapproval) described in Subsection (i) above with respect to the space plan. All items finally approved by Landlord pursuant to this Paragraph 2(b) are referred to herein collectively as “Tenant’s Plans”. Once approved by Landlord, no changes shall be made to Tenant’s Plans without the prior written approval of Landlord, in Landlord’s sole discretion.
(iii) Landlord has established a partial list of Minimum Building Specifications for Building 2 (the “Minimum Specifications”) which is attached to this Exhibit as Schedule 1, for use in the design and construction of the Tenant Improvements, provided that the Minimum Specifications is not a complete list of products, specifications and finishes to be used in the construction of the Tenant Improvements and accordingly, Tenant shall cause to be described in the Working Drawings all products, specifications and finishes to be used in the construction of the Tenant Improvements which are not otherwise listed on, or which deviate from, the Minimum Specifications, all of which shall be subject to Landlord’s approval in Landlord’s sole discretion. Unless otherwise expressly agreed to by Landlord, the portion of the Tenant Improvements pertaining to the products, specifications and finishes specified in the Minimum Specifications shall comply with the Minimum Specifications.
Appears in 2 contracts
Samples: Lease Agreement (uniQure B.V.), Lease Agreement (uniQure B.V.)
Tenant’s Plans. (i) Tenant shall diligently pursue the preparation of all drawings, plans and specifications for Tenant Improvements in accordance with this Paragraph 2(b). All such plans, drawings and specifications shall be performed by an architect and/or engineer (as applicable) reasonably acceptable to Landlord and Tenant, and shall include the following: (i) a space plan for the Premises; (ii) complete architectural, engineering and other plans for the Tenant Improvements; and (iii) a list of tenant improvement building standards for interior design, including a schedule (e.g. color palate, material board and spec sheets) of all interior color and finishes. Items (ii) and (iii) above are collectively referred to herein as “Working Drawings”. The space plan and Working Drawings shall comply with all applicable regulations, laws, ordinances, codes and rules. Tenant shall submit its space plan to Landlord, for review and approval in Landlord’s sole discretion. Within ten (10) 10 business days after such submissionreceipt of Tenant’s Plans, Landlord shall review and either approve or disapprove Tenant’s Plans. If Landlord disapproves Tenant’s Plans, or any portion thereof. Landlord shall notify Tenant thereof and of the space planrevisions Landlord requires before Landlord will approve Tenant’s Plans. Tenant shall make any changes necessary in order to correct any item identified by Landlord as grounds for its disapproval, and shall resubmit the correct space plan to Landlord within ten (10) Within 10 business days after Landlord’s disapproval. Within ten (10) business days after Landlord received the revised space plan, Landlord shall approve or disapprove it. This procedure shall be repeated until the space plan is finally approved by Landlord and written approval has been delivered to Tenant. If Landlord fails to approve or disapprove any submission within the required time period Landlord shall be deemed to have disapproved such submission. Landlord has approved the space plan for Building 2, a copy of which is attached hereto as Schedule 2 (the “Building 2 Space Plan”), subject to Landlord’s right to review and approve the Working Drawings, interior color and finishes, materials, specifications, and other items pursuant to Paragraph 2(b)(ii) and (iii) below, and further subject to compliance and conformance with the Minimum Specifications (as defined in Paragraph 2(b)(iii) below).
(ii) Within twenty-one (21) days after Landlord has finally approved Tenant’s space plannotice, Tenant shall submit its Working Drawings and a pallet of interior colors and finishes to Landlord Landlord, for Landlord’s review and approval, in Landlord’s sole discretionplans and specifications incorporating the required revisions. Landlord’s approval or disapproval of such Working Drawings The final plans and pallet, and Tenant’s response thereto, shall follow the procedure (including deemed disapproval) described in Subsection (i) above with respect to the space plan. All items finally specifications approved by Landlord pursuant to this Paragraph 2(b) are hereinafter referred to herein collectively as the “Tenant’s PlansApproved Construction Documents”. Once Tenant will employ experienced, licensed contractors, architects, engineers and other consultants, approved by Landlord, no changes shall be made to Tenant’s Plans without construct the prior written approval Tenant Work and will require in the applicable contracts that such parties (a) carry insurance in such amounts and types of coverages as are reasonably required by Landlord, and (b) design and construct the Tenant Work in Landlord’s sole discretion.
(iii) a good and workmanlike manner and in compliance with all laws. Unless otherwise agreed to in writing by Landlord has established a partial list of Minimum Building Specifications for Building 2 (the “Minimum Specifications”) which is attached to this Exhibit as Schedule 1and Tenant, for use all work involved in the design construction and construction installation of the Tenant ImprovementsWork shall be carried out by Tenant’s contractor under the sole direction of Tenant, provided that in compliance with all Building rules and regulations and in such a manner so as not to unreasonably interfere with or disturb the Minimum Specifications is not operations, business, use and enjoyment of the Project by other tenants in the Building or the structural calculations for imposed loads. Tenant shall obtain from its contractors and provide to Landlord a complete list of products, specifications and finishes to be used all subcontractors providing labor or materials in the construction of the Tenant Improvements and accordingly, Tenant shall cause to be described in the Working Drawings all products, specifications and finishes to be used in the construction of the Tenant Improvements which are not otherwise listed on, or which deviate from, the Minimum Specifications, all of which shall be subject to Landlord’s approval in Landlord’s sole discretion. Unless otherwise expressly agreed to by Landlord, the connection with any portion of the Tenant Improvements pertaining Work prior to commencement of the Tenant Work. Tenant warrants that the design, construction and installation of the Tenant Work shall conform to the productsrequirements of all applicable laws, specifications including building, plumbing and finishes specified in electrical codes and parameters, and the Minimum Specifications shall comply requirements of any authority having jurisdiction over, or with the Minimum Specificationsrespect to, such Tenant Work.
Appears in 2 contracts
Samples: Lease Agreement (Liquidia Technologies Inc), Lease Agreement (Liquidia Technologies Inc)
Tenant’s Plans. In connection with the performance of the work necessary to prepare the Premises for Tenant’s occupancy and business operations, including without limitation, the construction of a corridor within the Premises and the installation of all furniture and fixtures (“Tenant’s Work”), Tenant shall submit to Landlord for Landlord’s approval (i) Tenant shall diligently pursue the preparation name of all drawingsand other reasonably requested information regarding Tenant’s proposed architect, plans HVAC and specifications for Tenant Improvements in accordance with this Paragraph 2(b). All such plansMEP engineers and general contractor, drawings and specifications shall be performed by an architect and/or Landlord hereby pre-approving AHA Consulting Engineers (“AHA”) as the MEP engineer (as applicable) reasonably acceptable to Landlord and if AHA is not selected by Tenant, and shall include Landlord reserves the following: (i) right to require that Tenant use a space plan for the PremisesMEP engineer selected by Landlord); (ii) complete architecturala set of design/ development plans sufficient for Landlord to approve Tenant’s proposed design of the Premises (the “Design/ Development Plans”), engineering and other plans for the Tenant Improvements; and (iii) a list full set of tenant improvement building standards construction drawings (“Final Construction Drawings”) for interior design, including a schedule (e.g. color palate, material board Tenant’s Work. The Design/ Development Plans and spec sheets) of all interior color and finishes. Items (ii) and (iii) above the Final Construction Drawings are collectively referred to herein as the “Working Plans.” Landlord’s approval of the architect, HVAC and MEP engineers and general contractor shall not be unreasonably withheld, conditioned or delayed. Landlord’s approval of the Design/Development Plans (and the Final Construction Drawings”. The space plan and Working , provided that the Final Construction Drawings are consistent with the Design/Development Plans), shall not be unreasonably withheld, conditioned or delayed provided the Plans comply with all applicable regulations, laws, ordinances, codes the requirements to avoid aesthetic or other conflicts with the design and rulesfunction of the balance of the Building and the Property. Tenant shall submit its space plan to Landlord, for review and approval in Landlord’s sole discretionapproval is solely given for the benefit of Landlord and Tenant under this Section 3.4(a) and neither Tenant nor any third party shall have the right to rely upon Landlord’s approval of the Plans for any other purpose whatsoever. Within ten Landlord agrees to respond to any request for approval of the Plans within twenty (1020) business days after such submission, Landlord shall either approve or disapprove the space plan. Tenant shall make any changes necessary in order to correct any item identified by Landlord as grounds for its disapproval, and shall resubmit the correct space plan to Landlord within ten (10) business days after Landlord’s disapproval. Within ten (10) business days after Landlord received the revised space plan, Landlord shall approve or disapprove it. This procedure shall be repeated until the space plan is finally approved by Landlord and written approval has been delivered to Tenant. If Landlord fails to approve or disapprove any submission within the required time period Landlord shall be deemed to have disapproved such submission. Landlord has approved the space plan for Building 2, a copy of which is attached hereto as Schedule 2 (the “Building 2 Space Plan”), subject to Landlord’s right to review and approve the Working Drawings, interior color and finishes, materials, specifications, and other items pursuant to Paragraph 2(b)(ii) and (iii) below, and further subject to compliance and conformance with the Minimum Specifications (as defined in Paragraph 2(b)(iii) below)receipt thereof.
(ii) Within twenty-one (21) days after Landlord has finally approved Tenant’s space plan, Tenant shall submit its Working Drawings and a pallet of interior colors and finishes to Landlord for Landlord’s review and approval, in Landlord’s sole discretion. Landlord’s approval or disapproval of such Working Drawings and pallet, and Tenant’s response thereto, shall follow the procedure (including deemed disapproval) described in Subsection (i) above with respect to the space plan. All items finally approved by Landlord pursuant to this Paragraph 2(b) are referred to herein collectively as “Tenant’s Plans”. Once approved by Landlord, no changes shall be made to Tenant’s Plans without the prior written approval of Landlord, in Landlord’s sole discretion.
(iii) Landlord has established a partial list of Minimum Building Specifications for Building 2 (the “Minimum Specifications”) which is attached to this Exhibit as Schedule 1, for use in the design and construction of the Tenant Improvements, provided that the Minimum Specifications is not a complete list of products, specifications and finishes to be used in the construction of the Tenant Improvements and accordingly, Tenant shall cause to be described in the Working Drawings all products, specifications and finishes to be used in the construction of the Tenant Improvements which are not otherwise listed on, or which deviate from, the Minimum Specifications, all of which shall be subject to Landlord’s approval in Landlord’s sole discretion. Unless otherwise expressly agreed to by Landlord, the portion of the Tenant Improvements pertaining to the products, specifications and finishes specified in the Minimum Specifications shall comply with the Minimum Specifications.
Appears in 2 contracts
Samples: Sublease (Praxis Precision Medicines, Inc.), Sublease (Praxis Precision Medicines, Inc.)
Tenant’s Plans. (i) Tenant shall diligently pursue the preparation of all drawings, plans and specifications for Tenant Improvements in accordance with this Paragraph 2(b). All such plans, drawings and specifications shall be performed by an architect and/or engineer (as applicable) reasonably acceptable to Landlord and Tenant, and shall include the following: (i) a space plan for the Premises; (ii) complete architectural, engineering and other plans for the Tenant Improvements; and (iii) a list of tenant improvement building standards for interior design, including a schedule (e.g. color palate, material board and spec sheets) of all interior color and finishes. Items (ii) and (iii) above are collectively referred to herein as “Working Drawings”. The space plan and Working Drawings shall comply with all applicable regulations, laws, ordinances, codes and rules. Tenant shall submit its space plan to Landlord, for review and approval in Landlord’s sole discretion. Within ten (10) 10 business days after such submissionreceipt of Tenant’s Plans, Landlord shall review and either approve or disapprove Tenant’s Plans. If Landlord disapproves Tenant’s Plans, or any portion thereof, Landlord shall notify Tenant thereof and of the space planrevisions Landlord requires before Landlord will approve Tenant’s Plans. Tenant shall make any changes necessary in order to correct any item identified by Landlord as grounds for its disapproval, and shall resubmit the correct space plan to Landlord within ten (10) Within 10 business days after Landlord’s disapproval. Within ten (10) business days after Landlord received the revised space plan, Landlord shall approve or disapprove it. This procedure shall be repeated until the space plan is finally approved by Landlord and written approval has been delivered to Tenant. If Landlord fails to approve or disapprove any submission within the required time period Landlord shall be deemed to have disapproved such submission. Landlord has approved the space plan for Building 2, a copy of which is attached hereto as Schedule 2 (the “Building 2 Space Plan”), subject to Landlord’s right to review and approve the Working Drawings, interior color and finishes, materials, specifications, and other items pursuant to Paragraph 2(b)(ii) and (iii) below, and further subject to compliance and conformance with the Minimum Specifications (as defined in Paragraph 2(b)(iii) below).
(ii) Within twenty-one (21) days after Landlord has finally approved Tenant’s space plannotice, Tenant shall submit its Working Drawings and a pallet of interior colors and finishes to Landlord, for Landlord for Landlord’s ‘s review and approval, in Landlord’s sole discretionplans and specifications incorporating the required revisions. Landlord’s approval or disapproval of such Working Drawings The final plans and pallet, and Tenant’s response thereto, shall follow the procedure (including deemed disapproval) described in Subsection (i) above with respect to the space plan. All items finally specifications approved by Landlord pursuant to this Paragraph 2(b) are hereinafter referred to herein collectively as the “Tenant’s PlansApproved Construction Documents”. Once Tenant will employ experienced, licensed contractors, architects, engineers and other consultants, approved by Landlord, no changes shall be made to Tenant’s Plans without construct the prior written approval Tenant Work and will require in the applicable contracts that such parties (a) carry insurance in such amounts and types of coverages as are reasonably required by Landlord, (b) list the Landlord and its partners as additional insureds, and (c) design and construct the Tenant Work in Landlord’s sole discretion.
(iii) a good and workmanlike manner and in compliance with all laws. Unless otherwise agreed to in writing by Landlord has established a partial list of Minimum Building Specifications for Building 2 (the “Minimum Specifications”) which is attached to this Exhibit as Schedule 1and Tenant, for use all work involved in the design construction and construction installation of the Tenant ImprovementsWork shall be carried out by Tenant’s contractor under the sole direction of Tenant, provided that in compliance with all Building rules and regulations and in such ·a manner so as not to unreasonably interfere with or disturb the Minimum Specifications is not operations, business, use and enjoyment of the Project by other tenants in the Building or the structural calculations for imposed loads. Tenant shall obtain from its contractors and provide to Landlord a complete list of products, specifications and finishes to be used all subcontractors providing labor or materials in the construction of the Tenant Improvements and accordingly, Tenant shall cause to be described in the Working Drawings all products, specifications and finishes to be used in the construction of the Tenant Improvements which are not otherwise listed on, or which deviate from, the Minimum Specifications, all of which shall be subject to Landlord’s approval in Landlord’s sole discretion. Unless otherwise expressly agreed to by Landlord, the connection with any portion of the Tenant Improvements pertaining Work prior to commencement of the Tenant Work. Tenant warrants that the design, construction and installation of the Tenant Work shall conform to the productsrequirements of all applicable laws, specifications including building, plumbing and finishes specified in electrical codes and parameters, and the Minimum Specifications shall comply requirements of any authority having jurisdiction over, or with the Minimum Specificationsrespect to, such Tenant Work.
Appears in 2 contracts
Samples: Lease Agreement (Liquidia Technologies Inc), Lease Agreement (Liquidia Technologies Inc)
Tenant’s Plans. All improvements to the Premises in excess of the Base Building Work (iincluding those items designated "Tenant Work" in Schedule II) Tenant shall diligently pursue the preparation of all drawings, plans and specifications for Tenant Improvements in accordance with this Paragraph 2(b). All such plans, drawings and specifications shall be performed by an architect and/or engineer (as applicable) reasonably acceptable to Landlord and Tenant at Tenant, 's expense and shall include the following: (i) a space plan for the Premises; (ii) complete architectural, engineering and other plans for the Tenant Improvements; and (iii) a list of tenant improvement building standards for interior design, including a schedule (e.g. color palate, material board and spec sheets) of all interior color and finishes. Items (ii) and (iii) above are be collectively referred to herein as “Working Drawings”the "Tenant Work." Tenant's plans and working drawings for the Tenant Work ("Tenant's Plans") shall be prepared by architects and engineers employed and paid by Tenant (subject to application of the Tenant Work Credit (as hereinbelow defined) toward such costs). The space plan and Working Drawings Tenant's Plans shall comply with all applicable regulations, laws, ordinances, codes rules and rulesregulations and other requirements of any governmental authorities having or asserting jurisdiction over the Premises or the Building. Tenant Landlord's approval of Tenant's Plans shall submit its space plan not be construed or deemed to Landlord, for review be a representation or warranty by Landlord that Tenant's Plans comply with the rules and approval in Landlord’s sole discretion. Within ten (10) business days after such submissionregulations of any governmental authorities having or asserting jurisdiction over the Premises or the Building; however, Landlord shall either approve or disapprove the space plannotify Tenant of any failure in such compliance of which Landlord is aware. Tenant shall make Tenant's Plans, and any changes necessary or modifications thereof requested by Tenant, shall be subject to Landlord's approval, which approval shall not be unreasonably withheld, conditioned or delayed. Landlord shall respond to any request for approval of Tenant's Plans, or any portion or progress set thereof, or any modifications thereto, as promptly as reasonably possible and in order to correct any item identified by Landlord as grounds for its disapproval, and shall resubmit the correct space plan to Landlord event within ten (10) business days after Landlord’s disapproval. Within ten in the case of the original complete set of Tenant's Plans and any structural modifications thereto and within two (102) business days after Landlord received in the revised space plan, Landlord shall approve or disapprove it. This procedure shall be repeated until the space plan is finally approved by Landlord and written approval has been delivered case of any nonstructural modifications to Tenant's Plans. If In the event Landlord fails disapproves Tenant's Plans or any portion thereof or any modifications thereto, Landlord's notice of disapproval shall specify in detail the reasonable basis for such disapproval. Tenant shall promptly make such revisions to approve or disapprove any submission within the required time period Landlord shall Tenant's Plans as may be deemed necessary to have disapproved such submission. Landlord has approved the space plan for Building 2, a copy of which is attached hereto as Schedule 2 (the “Building 2 Space Plan”), subject to address Landlord’s right to review and approve the Working Drawings, interior color and finishes, materials, specifications's reasonable objections, and other items pursuant to Paragraph 2(b)(ii) and (iii) below, and further subject to compliance and conformance with the Minimum Specifications (as defined in Paragraph 2(b)(iii) below).
(ii) Within twenty-one (21) days after Landlord has finally approved shall resubmit Tenant’s space plan, Tenant shall submit its Working Drawings and a pallet of interior colors and finishes 's Plans to Landlord for Landlord’s review and approval, in Landlord’s sole discretion. Landlord’s approval or disapproval of such Working Drawings and pallet, and Tenant’s response thereto, shall follow the procedure (including deemed disapproval) described in Subsection (i) above with respect to the space plan. All items finally approved by Landlord pursuant to this Paragraph 2(b) are referred to herein collectively as “Tenant’s Plans”. Once approved by Landlord, no changes shall be made to Tenant’s Plans without the prior written approval of Landlord, in Landlord’s sole discretion.
(iii) Landlord has established a partial list of Minimum Building Specifications for Building 2 (the “Minimum Specifications”) which is attached to this Exhibit as Schedule 1, for use in the design and construction of the Tenant Improvements, provided that the Minimum Specifications is not a complete list of products, specifications and finishes to be used in the construction of the Tenant Improvements and accordingly, Tenant shall cause to be described in the Working Drawings all products, specifications and finishes to be used in the construction of the Tenant Improvements which are not otherwise listed on, or which deviate from, the Minimum Specifications, all of which shall be subject to Landlord’s approval in Landlord’s sole discretion. Unless otherwise expressly agreed to by Landlord, the portion of the Tenant Improvements pertaining to the products, specifications and finishes specified in the Minimum Specifications shall comply with the Minimum Specifications.'s
Appears in 2 contracts
Samples: Lease Agreement (American Management Systems Inc), Lease Agreement (American Management Systems Inc)
Tenant’s Plans. (i) Tenant shall diligently pursue the preparation of all drawingsmay currently be preparing, at its sole cost -------------- and expense, plans and specifications for improvements Tenant Improvements desires to make in accordance connection with this Paragraph 2(bTenant's occupancy of the Premises (the "Tenant's Plans"). All such plansIf so, drawings and specifications Tenant's Plans shall be performed by an architect and/or engineer (as applicable) reasonably acceptable submitted to Landlord for its approval. Any disapproval by the Landlord of Tenant's Plans shall be accompanied by a reasonably specific statement of reasons therefor. At the Tenant's sole cost and expense, the Tenant shall cause the Tenant's Plans to be revised in a manner sufficient to remedy the Landlord's reasonable objections and/or respond to the Landlord's reasonable concerns and for such revised plans to be redelivered to the Landlord, and shall include the following: (i) a space plan for the Premises; (ii) complete architectural, engineering and other plans for the Tenant Improvements; and (iii) a list of tenant improvement building standards for interior design, including a schedule (e.g. color palate, material board and spec sheets) of all interior color and finishes. Items (ii) and (iii) above are collectively referred to herein as “Working Drawings”. The space plan and Working Drawings shall comply with all applicable regulations, laws, ordinances, codes and rules. Tenant shall submit its space plan to Landlord, for review and approval in Landlord’s sole discretion. Within ten (10) business days after such submission, Landlord shall either approve or disapprove the space planTenant's revised plans within two (2) Business Days following the date of submission. If the Landlord shall again disapprove Tenant's Plans, the Tenant shall make any changes necessary in order revise such plans and redeliver them to correct any item identified the Landlord pursuant to the prior two sentences until the Tenant's Plans have been approved by Landlord as grounds for its disapprovalthe Landlord. The Tenant's Plans shall be stamped by a Massachusetts-registered architect and engineer, such architect and engineer being subject to the Landlord's reasonable approval, which shall not be unreasonably withheld or delayed, and shall resubmit comply with all applicable laws, ordinances and regulations (including, without limitation, the correct space plan applicable requirements of the Americans with Disabilities Act of 1990, and the regulations promulgated thereunder, it being understood that Tenant shall be responsible only for compliance with ADA to the extent that non-compliance would result by virtue of Tenant's Work as distinguished from the state of the Premises at the time of delivery by Landlord) and shall be in a form satisfactory to appropriate governmental authorities responsible for issuing permits, approvals and licenses required for construction. The Landlord within ten (10) business days after will not approve any alterations or additions requiring unusual expense to readapt the Premises to normal office, research and development or laboratory use on termination of this Lease or increasing the cost of insurance on the Building, unless the Tenant first gives assurances acceptable to the Landlord for payment of such increased cost and that such re- adaptation will be made prior to such termination without expense to the Landlord’s disapproval. Within ten (10) business days after The approval of any Tenant's Plans shall not impose upon the Landlord received any responsibility or liability whatsoever to the revised space planTenant. In connection with its approval of the Tenant's Plans, Landlord shall approve or disapprove it. This procedure shall specify in writing those portions of Tenant's work which must be repeated until removed at the space plan is finally approved by Landlord and written approval has been delivered to Tenant. If Landlord fails to approve or disapprove any submission within the required time period Landlord shall be deemed to have disapproved such submission. Landlord has approved the space plan for Building 2, a copy of which is attached hereto as Schedule 2 (the “Building 2 Space Plan”), subject to Landlord’s right to review and approve the Working Drawings, interior color and finishes, materials, specifications, and other items pursuant to Paragraph 2(b)(ii) and (iii) below, and further subject to compliance and conformance with the Minimum Specifications (as defined in Paragraph 2(b)(iii) below).
(ii) Within twenty-one (21) days after Landlord has finally approved Tenant’s space plan, Tenant shall submit its Working Drawings and a pallet of interior colors and finishes to Landlord for Landlord’s review and approval, in Landlord’s sole discretion. Landlord’s approval or disapproval of such Working Drawings and pallet, and Tenant’s response thereto, shall follow the procedure (including deemed disapproval) described in Subsection (i) above with respect to the space plan. All items finally approved by Landlord pursuant to this Paragraph 2(b) are referred to herein collectively as “Tenant’s Plans”. Once approved by Landlord, no changes shall be made to Tenant’s Plans without the prior written approval of Landlord, in Landlord’s sole discretion.
(iii) Landlord has established a partial list of Minimum Building Specifications for Building 2 (the “Minimum Specifications”) which is attached to this Exhibit as Schedule 1, for use in the design and construction expiration of the Tenant Improvements, provided that the Minimum Specifications is not a complete list Term of products, specifications this Lease as part of Tenant's surrender and finishes to be used in the construction yield-up of the Tenant Improvements and accordingly, Tenant shall cause to be described in the Working Drawings all products, specifications and finishes to be used in the construction of the Tenant Improvements which are not otherwise listed on, or which deviate from, the Minimum Specifications, all of which shall be subject to Landlord’s approval in Landlord’s sole discretion. Unless otherwise expressly agreed to by Landlord, the portion of the Tenant Improvements pertaining to the products, specifications and finishes specified in the Minimum Specifications shall comply with the Minimum SpecificationsPremises.
Appears in 1 contract
Samples: Sublease (Lifef X Inc)
Tenant’s Plans. (i) Tenant shall diligently pursue the preparation Within 10 Business Days after receipt of all drawings, plans and specifications for Tenant Improvements in accordance with this Paragraph 2(b). All such plans, drawings and specifications shall be performed by an architect and/or engineer (as applicable) reasonably acceptable to Landlord and Tenant, and shall include the following: (i) a space plan for the Premises; (ii) complete architectural, engineering and other plans for the Tenant Improvements; and (iii) a list of tenant improvement building standards for interior design, including a schedule (e.g. color palate, material board and spec sheets) of all interior color and finishes. Items (ii) and (iii) above are collectively referred to herein as “Working Drawings”. The space plan and Working Drawings shall comply with all applicable regulations, laws, ordinances, codes and rules. Tenant shall submit its space plan to Landlord, for review and approval in Landlord’s sole discretion. Within ten (10) business days after such submissionPlans, Landlord shall review and either approve or disapprove Tenant’s Plans. If Landlord disapproves Tenant’s Plans, or any portion thereof, Landlord shall notify Tenant thereof and of the space planrevisions Landlord requires before Landlord will approve Tenant’s Plans. Tenant shall make any changes necessary in order to correct any item identified by Landlord as grounds for its disapproval, and shall resubmit the correct space plan to Landlord within ten (10) business days Within 10 Business Days after Landlord’s disapproval. Within ten (10) business days after Landlord received the revised space plan, Landlord shall approve or disapprove it. This procedure shall be repeated until the space plan is finally approved by Landlord and written approval has been delivered to Tenant. If Landlord fails to approve or disapprove any submission within the required time period Landlord shall be deemed to have disapproved such submission. Landlord has approved the space plan for Building 2, a copy of which is attached hereto as Schedule 2 (the “Building 2 Space Plan”), subject to Landlord’s right to review and approve the Working Drawings, interior color and finishes, materials, specifications, and other items pursuant to Paragraph 2(b)(ii) and (iii) below, and further subject to compliance and conformance with the Minimum Specifications (as defined in Paragraph 2(b)(iii) below).
(ii) Within twenty-one (21) days after Landlord has finally approved Tenant’s space plannotice, Tenant shall submit its Working Drawings and a pallet of interior colors and finishes to Landlord Landlord, for Landlord’s review and approval, plans and specifications incorporating the required revisions. The final plans and specifications approved by Landlord are hereinafter referred to as the “Approved Construction Documents”. Tenant will employ experienced, licensed contractors, architects, engineers and other consultants, approved by Landlord, to install the Tenant Improvements and will require in the applicable contracts that such parties (a) carry insurance in such amounts and types of coverages as are reasonably required by Landlord, and (b) design and install the Tenant Improvements in a good and workmanlike manner and in compliance with all Laws. Unless otherwise agreed to in writing by Landlord and Tenant, all work involved in the construction and installation of the Tenant Improvements shall be carried out by Tenant’s contractors under the sole direction of Tenant, in compliance with all Laws and Regulations and in such a manner so as not to unreasonably interfere with or disturb the operations, business and use and enjoyment of the Property by Landlord or the structural calculations for imposed loads. Tenant shall obtain from its contractors and provide to Landlord a list of all subcontractors providing labor or materials in connection with any portion of the Tenant Improvements prior to commencement of the installation of the Tenant Improvements. Tenant warrants that the design, construction and installation of the Tenant Improvements shall conform to the requirements of all applicable Laws, including building, plumbing and electrical codes and the requirements of any authority having jurisdiction over, or with respect to, such Tenant Improvements. Landlord’s sole discretion. failure to provide Landlord’s approval or disapproval of such Working Drawings and pallet, and Tenant’s response thereto, shall follow the procedure (including deemed disapproval) described in Subsection (i) above with respect to the space plan. All items finally approved by Landlord pursuant to this Paragraph 2(b) are referred to herein collectively as “Tenant’s Plans”. Once approved by Landlord, no changes shall be made to Tenant’s Plans without or the prior written approval of Landlord, applicable revision thereof by the time specified in Landlord’s sole discretion.
(iii) Landlord has established a partial list of Minimum Building Specifications for Building 2 (the “Minimum Specifications”) which is attached to this Exhibit as Schedule 1, for use in the design and construction of the Tenant Improvements, provided that the Minimum Specifications is not a complete list of products, specifications and finishes to be used in the construction of the Tenant Improvements and accordingly, Tenant shall cause to be described in the Working Drawings all products, specifications and finishes to be used in the construction of the Tenant Improvements which are not otherwise listed on, or which deviate from, the Minimum Specifications, all of which section shall be subject to deemed Landlord’s approval in Landlordof Tenant’s sole discretion. Unless otherwise expressly agreed to by Landlord, the portion of the Tenant Improvements pertaining to the products, specifications and finishes specified in the Minimum Specifications shall comply with the Minimum SpecificationsPlans or applicable revision thereof.
Appears in 1 contract
Tenant’s Plans. (i) Prior to commencement of construction of Tenant's Work, Tenant shall diligently pursue the preparation of all drawings, plans will prepare and specifications for Tenant Improvements in accordance with this Paragraph 2(b). All such plans, drawings and specifications shall be performed by an architect and/or engineer (as applicable) reasonably acceptable to Landlord and Tenant, and shall include the following: (i) a space plan for the Premises; (ii) complete architectural, engineering and other plans for the Tenant Improvements; and (iii) a list of tenant improvement building standards for interior design, including a schedule (e.g. color palate, material board and spec sheets) of all interior color and finishes. Items (ii) and (iii) above are collectively referred to herein as “Working Drawings”. The space plan and Working Drawings shall comply with all applicable regulations, laws, ordinances, codes and rules. Tenant shall submit its space plan deliver to Landlord, for its review and approval in Landlord’s sole discretionapproval, one (1) set of fully dimensioned scale working drawings of the proposed Building, prepared by a licensed architect, including types of materials and colors, interior partitions, ceiling plan, roof plan, if applicable, plumbing fixtures, and electrical plans prepared by a licensed electrical engineer setting forth all electric requirements of Tenant (collectively referred to as "Plans"). Within ten Landlord shall have fifteen (1015) business days after such submission, Landlord shall either approve or disapprove receipt of the space plan. Tenant shall make any changes necessary in order Plans to correct any item identified by Landlord as grounds for provide its disapproval, and shall resubmit the correct space plan to Landlord within ten (10) business days after Landlord’s disapproval. Within ten (10) business days after Landlord received the revised space plan, Landlord shall approve or disapprove it. This procedure shall be repeated until the space plan is finally approved by Landlord and written approval has been delivered to Tenantcomments. If Landlord fails has not notified Tenant in writing of its approval or disapproval within the time periods stated above, the Plans shall be conclusively deemed approved by Landlord. If Landlord disapproves such Plans, Tenant shall promptly revise and resubmit such Plans to Landlord, correcting or altering such disapproved items. If at any time that Tenant is required to approve or disapprove any submission Landlord's plans but does not respond within the required specified time period Landlord period, such plans shall also be conclusively deemed to have disapproved such submissionbe approved. Landlord has approved Upon mutual approval of the space plan for Building 2, a copy of which is attached hereto as Schedule 2 (the “Building 2 Space Plan”), subject to Landlord’s right to review and approve the Working Drawings, interior color and finishes, materials, specifications, and other items pursuant to Paragraph 2(b)(ii) and (iii) below, and further subject to compliance and conformance with the Minimum Specifications (as defined in Paragraph 2(b)(iii) below).
(ii) Within twenty-one (21) days after Landlord has finally approved Tenant’s space planPlans, Tenant shall submit its Working Drawings the Plans to the City/County for governmental approval. Notwithstanding the foregoing, Landlord acknowledges and a pallet approves an architecturally prominent storefront of interior colors and finishes the Premises which shall generally conform to the elevation plan attached hereto as EXHIBIT I. Tenant shall not be required to submit Plans to Landlord for Landlord’s review and approval, until such time as Landlord has executed a Non- Disclosure Agreement in Landlord’s sole discretion. Landlord’s approval or disapproval favor of Tenant in the form attached hereto as EXHIBIT F. Prior to Landlord providing a copy of such Working Drawings and palletPlans to Sam's or Wal-Mart, and Tenant’s response thereto, shall follow the procedure (including deemed disapproval) described in Subsection (i) above with respect to the space plan. All items finally approved Landlord will obtain execution by Landlord pursuant to this Paragraph 2(b) are referred to herein collectively as “Tenant’s Plans”. Once approved by Landlord, no changes shall be made to Tenant’s Plans without the prior written approval them of Landlord, in Landlord’s sole discretion.
(iii) Landlord has established a partial list of Minimum Building Specifications for Building 2 (the “Minimum Specifications”) which is attached to this Exhibit as Schedule 1, for use Non-Disclosure Agreement in the design and construction of the Tenant Improvements, provided that the Minimum Specifications is not a complete list of products, specifications and finishes to be used in the construction of the Tenant Improvements and accordingly, Tenant shall cause to be described in the Working Drawings all products, specifications and finishes to be used in the construction of the Tenant Improvements which are not otherwise listed on, or which deviate from, the Minimum Specifications, all of which shall be subject to Landlord’s approval in Landlord’s sole discretion. Unless otherwise expressly agreed to by Landlord, the portion of the Tenant Improvements pertaining to the products, specifications and finishes specified in the Minimum Specifications shall comply with the Minimum Specificationssame form.
Appears in 1 contract
Samples: Purchase Agreement (Aei Real Estate Fund Xviii Limited Partnership)
Tenant’s Plans. (i) Tenant shall diligently pursue the preparation of all drawings, construction plans and specifications for Tenant Improvements, and shall deliver such plans and specifications to Landlord for Landlord's review within ninety (90) days after Landlord has delivered Landlord's Plans. Tenant's architect and/or engineers shall prepare complete architectural, mechanical, electrical, plumbing, and other plans for the Premises. The space plan and working drawings shall provide for corridors, lobbies, bathrooms, mechanical and electrical systems, and fire exits which are designed to accommodate multi-tenant configurations in the Building (including, without limitation separate metering for utilities), in a design reasonably acceptable to Landlord; provided that Tenant will not be required to build corridors for multi-tenant configurations so long as Tenant does not build hard wall office space in the areas shown as "potential future corridors" on Landlord's Plans. The plans and working drawings also shall comply with Landlord's Plans, including, without limitation, those elements included therein which are Tenant Improvements in accordance with this Paragraph 2(bhereunder (e.g. roof screens, placement of bathroom cores, elevators, lobbies and mechanical outside air supply ducts). All such plans, drawings and specifications shall be performed by an Tenant's architectural services, or another architect and/or engineer (as applicable) reasonably mutually acceptable to Landlord and Tenant, and shall include be subject to approval by Landlord, in Landlord's sole discretion. Notwithstanding the following: (i) foregoing sentence, Landlord shall not unreasonably withhold its approval of improvements which comply with the Approved Tenant Plan Guidelines noted in Exhibit "D-2". Promptly following their completion, Tenant shall supply copies of the space plans and any other required supporting drawings and specifications, together with a space plan for the Premises; (ii) complete architectural, engineering and other plans for the Tenant Improvements; and (iii) a list pallet of tenant improvement building standards for interior design, including a schedule (e.g. color palate, material board and spec sheets) of all interior color colors and finishes. Items (ii) and (iii) above are collectively referred , to herein as “Working Drawings”. The space plan and Working Drawings shall comply with all applicable regulations, laws, ordinances, codes and rules. Tenant shall submit its space plan to Landlord for Landlord, for 's review and approval in Landlord’s sole discretionapproval. Within ten (10) business days after such submission, Landlord shall either approve or disapprove the space plansuch items. Tenant shall make any changes necessary in order to correct any item identified by Landlord as grounds for its disapproval, and shall resubmit the correct corrected space plan plan, supporting drawings and specifications and pallet to Landlord within ten fifteen (1015) business days after Landlord’s 's disapproval. Within ten five (105) business days after Landlord received receives the revised space planitems, Landlord shall approve or disapprove itthem. This procedure shall be repeated until the space plan is plan, supporting drawings and specifications and pallet of interior colors and finishes are finally approved by Landlord and written approval has been delivered to Tenant. If Landlord fails to approve or disapprove any submission within the required time period Landlord shall be deemed to have disapproved such submission. Landlord has approved the space plan for Building 2The plans, a copy of which is attached hereto as Schedule 2 (the “Building 2 Space Plan”)drawings, subject to Landlord’s right to review specifications and approve the Working Drawings, interior color and finishes, materials, specifications, and other items pursuant to Paragraph 2(b)(ii) and (iii) below, and further subject to compliance and conformance with the Minimum Specifications (as defined in Paragraph 2(b)(iii) below).
(ii) Within twenty-one (21) days after Landlord has finally approved Tenant’s space plan, Tenant shall submit its Working Drawings and a pallet of interior colors and finishes to Landlord for Landlord’s review and approval, in Landlord’s sole discretion. Landlord’s approval or disapproval of such Working Drawings and pallet, and Tenant’s response thereto, shall follow the procedure (including deemed disapproval) described in Subsection (i) above with respect to the space plan. All items finally approved by Landlord pursuant to this Paragraph 2(b) are referred to herein collectively as “Tenant’s Plans”. Once approved by Landlord, no changes shall be made to Tenant’s Plans without the prior written approval of Landlord, in Landlord’s sole discretion.
(iii) Landlord has established a partial list of Minimum Building Specifications for Building 2 (the “Minimum Specifications”) which is attached to this Exhibit as Schedule 1, for use in the design and construction of the Tenant Improvements, provided that the Minimum Specifications is not a complete list of products, specifications and finishes to be used in the construction of the Tenant Improvements and accordingly, Tenant shall cause to be described in the Working Drawings all products, specifications and finishes to be used in the construction of the Tenant Improvements which are not otherwise listed on, or which deviate from, the Minimum Specifications, all of which shall be subject to Landlord’s approval in Landlord’s sole discretion. Unless otherwise expressly agreed to by Landlord, the portion of the Tenant Improvements pertaining to the products, specifications and finishes specified in the Minimum Specifications shall comply with the Minimum Specifications.approved by
Appears in 1 contract
Samples: Lease Agreement (Vivus Inc)
Tenant’s Plans. In the event that Tenant wishes to improve the Demised Premises beyond the scope of Landlord’s Work, then:
(ia) Tenant shall diligently pursue agrees to engage the preparation services of all drawingsa registered architect and registered engineer, plans each licensed to do business in the State of Florida for the purpose of preparing the “Design Drawings” (as hereinafter defined in Section (2B) of Exhibit “D” attached hereto and specifications for made a part hereof) required of Tenant Improvements in accordance with this Paragraph 2(b). All such plans, pursuant to the requirements of Exhibit “D.” Tenant agrees to furnish the Design Drawings and working drawings and specifications shall with respect to the Demised Premises and the improvements to be performed by an architect and/or engineer (as applicable) reasonably acceptable to Landlord constructed and Tenant, and shall include the following: (i) a space plan for the Premises; (ii) complete architectural, engineering and other plans for the Tenant Improvements; and (iii) a list of tenant improvement building standards for interior design, including a schedule (e.g. color palate, material board and spec sheets) of all interior color and finishes. Items (ii) and (iii) above are collectively referred to herein as “Working Drawings”. The space plan and Working Drawings shall comply with all applicable regulations, laws, ordinances, codes and rules. Tenant shall submit its space plan to Landlord, for review and approval in Landlord’s sole discretion. Within ten (10) business days after such submission, Landlord shall either approve or disapprove the space plan. Tenant shall make any changes necessary in order to correct any item identified by Landlord as grounds for its disapproval, and shall resubmit the correct space plan to Landlord within ten (10) business days after Landlord’s disapproval. Within ten (10) business days after Landlord received the revised space plan, Landlord shall approve or disapprove it. This procedure shall be repeated until the space plan is finally approved by Landlord and written approval has been delivered to Tenant. If Landlord fails to approve or disapprove any submission installed therein within the required time period Landlord shall be deemed to have disapproved such submission. Landlord has approved the space plan for Building 2, a copy of which is attached hereto as Schedule 2 (the periods specified in Exhibit “Building 2 Space Plan”), subject to Landlord’s right to review and approve the Working Drawings, interior color and finishes, materials, specifications, and other items pursuant to Paragraph 2(b)(ii) and (iii) below, and further subject to compliance and conformance with the Minimum Specifications (as defined in Paragraph 2(b)(iii) below).
(ii) Within twenty-one (21) days after Landlord has finally approved Tenant’s space plan, Tenant shall submit its Working Drawings and a pallet of interior colors and finishes to Landlord for Landlord’s review and approvalD.” No material deviation, in Landlord’s sole discretion. reasonable judgment, from the final working drawings and specifications, following approval by Landlord, shall be made by Tenant without Landlord’s prior written consent, which consent shall be based upon Landlord’s commercially reasonable evaluation of Tenant’s Plans and Tenant’s obligations under this Lease.
(b) Landlord’s approval (which approval shall not be unreasonably withheld) of any Design Drawings, working drawings, specifications or disapproval of such Working Drawings and pallet, and Tenant’s response thereto, shall follow the procedure other plans (including deemed disapproval) described in Subsection (i) above with respect to the space plan. All items finally approved by Landlord pursuant to this Paragraph 2(b) are hereinafter collectively referred to herein collectively as “Tenant’s Plans”. Once approved ) shall:
(i) not constitute the assumption of any responsibility by LandlordLandlord for their accuracy or sufficiency or their compliance with any statutes, ordinances, rules, regulations, laws or codes of any applicable governing authority,
(ii) in no changes shall way be made to a representation or warranty by Landlord that such Tenant’s Plans without are in compliance with any of the prior written approval statutes, ordinances, rules, regulations, laws or codes of Landlord, in Landlord’s sole discretion.any applicable governing authority,
(iii) in no way be a representation or warranty by Landlord has established a partial list that it shall assist Tenant in obtaining, or that Tenant shall be able to obtain, any permits required to perform “Tenant’s Work” (as hereinafter defined in Paragraph (k) of Minimum Building Specifications for Building 2 Exhibit “G”), and
(iv) only be construed as Landlord’s acknowledgment that any Tenant’s Work proposed by Tenant’s Plans is in compliance with the “Minimum Specifications”) which is attached to terms and provisions of this Exhibit as Schedule 1, for use in the design and construction of the Tenant Improvements, Lease provided that the Minimum Specifications such Tenant’s Work is not a complete list of products, specifications completed in accordance with Tenant’s Plans and finishes to be used in the construction of the Tenant Improvements and accordingly, Tenant shall cause to be described in the Working Drawings all products, specifications and finishes to be used in the construction of the Tenant Improvements which are not otherwise listed on, or which deviate from, the Minimum Specifications, all of which shall be subject to Landlord’s approval in Landlord’s sole discretion. Unless otherwise expressly agreed to by Landlord, the portion of the Tenant Improvements pertaining to the products, specifications and finishes specified in the Minimum Specifications shall comply with the Minimum Specificationsother applicable provisions hereof.
Appears in 1 contract
Samples: Lease Agreement (Bankrate Inc)
Tenant’s Plans. (i) Any upgrades or improvements made to the Premises in addition to Landlord's Work made either simultaneously or subsequent to such work shall be an additional cost to Tenant. Tenant shall diligently pursue have the preparation right to undertake all of all drawings, plans and specifications for Tenant Improvements in accordance with this Paragraph 2(b)the Tenant's Work through its own contractor. All such plans, drawings and specifications There shall be performed no fees charged by an architect and/or engineer (as applicable) reasonably acceptable Landlord to Tenant for management or supervision by Landlord of Tenant's Work. Tenant shall be permitted to enter and have prior access to Premises along with its agents, contractors and architects. Such right of access shall include access to and use of the loading dock, elevators, electrical systems, air conditioning and related facilities. There shall be no charge for the use of said facilities. Tenant shall obtain Landlords prior written approval to any material revisions to the Tenant's Plans requested by Tenant, and which approval shall include not be unreasonably withheld or delayed. Notwithstanding anything to the followingcontrary herein contained, Tenant's Work may vary from the requirements of the Tenant's Plans if the variances are required by the circumstances or good construction practices, the building permit or applicable legal requirements, or if the variance is not material. Prior to Tenant commencing any portion of the Tenant's Work, Tenant shall: (i) a space plan for obtain the Premises; Building Permit, (ii) complete architecturaladvise Landlord of the name of the general contractor to be engaged by Tenant to perform the Tenant's Work, engineering and other plans for the Tenant Improvements; selection of such contractor to be subject to the reasonable prior approval of Landlord (which approval shall not be unreasonably withheld or delayed), and (iii) furnish Landlord with proof that Tenant has obtained public liability insurance covering the Premises as required by Section 26A hereof and that the general contractor has in effect a list policy of tenant improvement building standards for interior designliability insurance, including a schedule (e.g. color palate, material board builder's risk insurance and spec sheets) workers' compensation insurance in such amounts and in such form as is customarily maintained in connection with similar construction in the vicinity of all interior color and finishes. Items (ii) and (iii) above are collectively referred to herein as “Working Drawings”. The space plan and Working Drawings shall comply with all applicable regulations, laws, ordinances, codes and rulesthe Building. Tenant shall submit its space plan perform Tenant's Work in a good and workmanlike manner in compliance with the building and zoning laws applicable to Landlord, for review and approval in Landlord’s sole discretion. Within ten (10) business days after such submission, Landlord shall either approve or disapprove the space planPremises. Tenant shall make any changes necessary in order to correct any item identified by Landlord as grounds complete Tenant's Work free and clear of all liens and encumbrances for its disapprovalwork, labor and shall resubmit the correct space plan to Landlord within ten (10) business days after Landlord’s disapproval. Within ten (10) business days after Landlord received the revised space plan, Landlord shall approve or disapprove it. This procedure shall be repeated until the space plan is finally approved by Landlord and written approval has been delivered to Tenant. If Landlord fails to approve or disapprove any submission within the required time period Landlord shall be deemed to have disapproved such submission. Landlord has approved the space plan for Building 2, a copy of which is attached hereto as Schedule 2 (the “Building 2 Space Plan”), subject to Landlord’s right to review and approve the Working Drawings, interior color and finishes, materials, specifications, and other items pursuant to Paragraph 2(b)(ii) and (iii) below, and further subject to compliance and conformance with the Minimum Specifications (as defined in Paragraph 2(b)(iii) below)services.
(ii) Within twenty-one (21) days after Landlord has finally approved Tenant’s space plan, Tenant shall submit its Working Drawings and a pallet of interior colors and finishes to Landlord for Landlord’s review and approval, in Landlord’s sole discretion. Landlord’s approval or disapproval of such Working Drawings and pallet, and Tenant’s response thereto, shall follow the procedure (including deemed disapproval) described in Subsection (i) above with respect to the space plan. All items finally approved by Landlord pursuant to this Paragraph 2(b) are referred to herein collectively as “Tenant’s Plans”. Once approved by Landlord, no changes shall be made to Tenant’s Plans without the prior written approval of Landlord, in Landlord’s sole discretion.
(iii) Landlord has established a partial list of Minimum Building Specifications for Building 2 (the “Minimum Specifications”) which is attached to this Exhibit as Schedule 1, for use in the design and construction of the Tenant Improvements, provided that the Minimum Specifications is not a complete list of products, specifications and finishes to be used in the construction of the Tenant Improvements and accordingly, Tenant shall cause to be described in the Working Drawings all products, specifications and finishes to be used in the construction of the Tenant Improvements which are not otherwise listed on, or which deviate from, the Minimum Specifications, all of which shall be subject to Landlord’s approval in Landlord’s sole discretion. Unless otherwise expressly agreed to by Landlord, the portion of the Tenant Improvements pertaining to the products, specifications and finishes specified in the Minimum Specifications shall comply with the Minimum Specifications.
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Tenant’s Plans. (ia) No later than May 15, 2014, Tenant shall diligently pursue deliver to Landlord the preparation of all drawings, plans and specifications Tenant’s Architect’s Construction Documents sufficiently complete for Tenant Improvements in accordance with this Paragraph 2(bLandlord to solicit bids from general contractors to construct the Tenant’s Work (“Tenant’s Plans”). All such plansThe Tenant’s Plans shall reflect improvements and use materials so as to allow for Move-In Completion by January 8, drawings and specifications shall be performed by an architect and/or engineer (as applicable) reasonably acceptable to Landlord and Tenant2015, and shall include the followingbe: (i) a space plan fully detailed, substantially complete set of construction documents that enable Landlord to secure a fixed-price contract from the general contractor(s) for the PremisesTenant’s Work; (ii) complete architecturalhave been fully coordinated with Landlord’s Final Plans, engineering each of the governmental authorities having jurisdiction, engineers, and other plans designers for the Tenant ImprovementsProject; and (iii) a list verified, to the extent verifiable prior to commencement of tenant improvement building standards for interior design, including a schedule construction. So long as the Tenant’s Plans satisfy items (e.g. color palate, material board and spec sheetsi) of all interior color and finishes. Items (ii) and - (iii), the Landlord shall approve Tenant’s Plans. All specified materials and assemblies will have been determined to be both obtainable and constructible in the time allotted in the project schedule to give Landlord sufficient time to allow for Move-In Completion by January 8, 2015. In the event Tenant’s Plans do not meet the conditions above, or contain the finish details and/or other information required to obtain a fixed-price contract from a general contractor, allowances shall be provided in the construction contract.
(b) above are collectively referred to herein Tenant’s Plans shall be prepared and sealed by qualified engineers and architects duly licensed in the State of Missouri, selected by Tenant. Tenant’s Plans shall be prepared in accordance with professional standards of skill and care exercised by engineers and architects experienced in designing and engineering projects of the same type and nature as “Working Drawings”Tenant’s Work. The space plan and Working Drawings Tenant’s Plans shall comply with all applicable regulationscovenants, lawsconditions and restrictions, ordinancesand all Legal Requirements. Tenant’s Plans shall be adequate and sufficient to fix and describe each portion of the Demised Premises, codes including all structures, systems, features, finishes and rulescomponents thereof, comprising part of Tenant’s Construction Work, in sufficient detail to allow those persons or entities performing the construction work required thereby to construct Tenant’s Construction Work in a manner consistent with the standards and requirements set forth herein. Tenant Landlord shall submit its space plan to require the correction and/or modification of any portion of Tenant’s Plans that does not comply with the foregoing requirements, promptly and at Tenant’s cost.
(c) As part of Tenant’s Work, Landlord, together with Tenant’s architect, shall obtain all required approvals of Tenant’s Plans and shall prepare all drawings, documents, revisions and applications incident thereto that are required to obtain any necessary permits and governmental approvals. The costs for review and all application fees, governmental charges or other costs required in connection with obtaining a building permit for Tenant’s Work shall be paid from the Tenant Improvement Allowance. LEASE AGREEMENT F-1
(d) Tenant’s Plans are subject to the approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed, provided, however Landlord may withhold its approval in the event Landlord reasonably determines that Tenant’s Plans adversely impact Landlord’s sole discretionWork or any structural, mechanical, electrical or other key system of the Building, or would jeopardize or impair Landlord’s ability to generate Missouri historic tax credits or Federal historic preservation tax credits in connection with the rehabilitation of the Building. Within ten (10) business days after such submission, Landlord shall either approve provide notice to Tenant of its approval or disapprove the space plan. Tenant shall make any changes necessary in order to correct any item identified by Landlord as grounds for its disapproval, and shall resubmit the correct space plan to Landlord disapproval of Tenant’s Plans within ten (10) business days after Landlordthe receipt thereof. If Landlord disapproves of any aspect of Tenant’s disapproval. Within ten (10) business days after Landlord received the revised space planPlans, Landlord shall approve or disapprove itdeliver to Tenant written notice specifying in detail a commercially reasonable basis for such disapproval. This procedure shall be repeated until In the space plan is finally approved by Landlord event of disapproval as provided above, Tenant and written approval has been delivered to Tenant. If Landlord fails to approve or disapprove any submission within the required time period Landlord shall confer for the purpose of mutually agreeing on the revisions to be deemed to have disapproved such submission. Landlord has approved the space plan for Building 2made and, a copy of which is attached hereto as Schedule 2 (the “Building 2 Space Plan”), subject to Landlord’s right to review and approve the Working Drawings, interior color and finishes, materials, specifications, and other items pursuant to Paragraph 2(b)(ii) and (iii) below, and further subject to compliance and conformance with the Minimum Specifications (as defined in Paragraph 2(b)(iii) below).
(ii) Within twenty-one (21) days after Landlord has finally approved Tenant’s space planupon reaching agreement, Tenant shall submit its Working Drawings promptly procure and a pallet of interior colors and finishes resubmit revised Tenant’s Plans to Landlord for Landlord’s review and approval, in Landlord’s sole discretionits review. Landlord’s approval or disapproval of any re-submissions shall be made within five (5) business days after receipt of such Working Drawings revisions by Landlord. The process of submission and pallet, and approval or disapproval shall continue until Tenant’s response thereto, shall follow the procedure (including deemed disapproval) described in Subsection (i) above with respect to the space plan. All items finally approved by Landlord pursuant to this Paragraph 2(b) are referred to herein collectively as “Tenant’s Plans”. Once Plans have been approved by Landlord. Once approved, Tenant shall not make any material change to the Tenant’s Plans affecting the structural, mechanical, electrical or other key system of the Building without Landlord’s written consent, which consent shall not be unreasonably withheld.
(e) Tenant agrees that no changes shall be made change to Tenant’s Plans without or Tenant’s Construction Work requested by Landlord shall entitle Tenant to payment from Landlord unless: (A) such change involves work of a materially different nature, character, scope and cost than that of the prior written approval requirements set forth in or reasonably inferable from this Exhibit F, (B) Landlord has requested Tenant to proceed with such change in a writing in which Landlord acknowledges its responsibility for the cost of Landlordsuch change, and (C) such change is not required as a result of any non-conformity, error, omission or defect in LandlordTenant’s sole discretionPlans or Tenant’s Construction Work.
(iiif) Landlord has established a partial list of Minimum Building Specifications for Building 2 (the “Minimum Specifications”) which is attached to this Exhibit as Schedule 1, for use in the design and construction of the Tenant Improvements, provided that the Minimum Specifications is not a complete list of products, specifications and finishes to be used in the construction of the Tenant Improvements and accordingly, Tenant shall cause to be described in the Working Drawings all products, specifications and finishes to be used in the construction of the Tenant Improvements which are not otherwise listed on, or which deviate from, the Minimum Specifications, all of which shall be subject to Landlord’s approval in Landlordof Tenant’s sole discretionPlans shall not render Landlord responsible or liable for, and shall not diminish the responsibility or liability of Tenant for, the professional quality, sufficiency and completeness of such documents. Unless otherwise expressly agreed to by LandlordLandlord in writing, the portion inclusion of or failure to include any particular item in Tenant’s Plans shall not relieve Tenant of the obligation to prepare Tenant’s Plans in accordance with the standards and conditions set forth herein.
(g) At Tenant’s option, Cresa (or Tenant’s designated representative) together with The Koman Group, L.L.C. (“TKG”) will competitively bid the Tenant’s Work to at least three (3) general contractors reasonably approved by Tenant Improvements pertaining and Landlord. Subject to the productsterms of Section 6 of the Lease and all applicable Disadvantaged Business Enterprise requirements that Landlord may be required to satisfy for the rehabilitation of the Project, specifications Tenant and finishes specified TKG shall collaborate to choose the general contractor for the Tenant’s Work and such subcontractors as are reasonably acceptable to Tenant. The construction contract for the Tenant’s Work shall be in the Minimum Specifications name of Landlord and shall comply with the Minimum Specificationscontain terms and conditions reasonably acceptable to Tenant including, but not limited to (a) a fixed amount for general conditions; (b) warranties for at least twelve (12) months after Substantial Completion; (c) change order procedures; and (d) consequences for delayed delivery.
Appears in 1 contract
Samples: Lease Agreement (Laclede Group Inc)
Tenant’s Plans. (i) On or before August 9, 1996, Tenant shall diligently pursue the preparation provide to -------------- Landlord for its approval final working drawings, prepared by an architect that has been approved by Landlord (which approval shall not be unreasonably withheld), of all drawingsimprovements that Tenant proposes to have installed in the Premises; such working drawings shall include the partition layout, ceiling plan, electrical outlets and switches, telephone outlets, drawings for any modifications to the mechanical and plumbing systems of the Building, and detailed plans and specifications for Tenant Improvements the construction of the improvements called for in this Agreement, in accordance with this Paragraph 2(b). All such plans, drawings and specifications shall be performed by an architect and/or engineer (as applicable) reasonably acceptable to Landlord and Tenant, and shall include the following: (i) a space plan for the Premises; (ii) complete architectural, engineering and other plans for the Tenant Improvements; and (iii) a list of tenant improvement building standards for interior design, including a schedule (e.g. color palate, material board and spec sheets) of all interior color and finishes. Items (ii) and (iii) above are collectively referred to herein as “Working Drawings”. The space plan and Working Drawings shall comply with all applicable regulations, governmental laws, ordinancescodes, codes rules and rulesregulations. Tenant shall submit its space plan to Landlord, for review and approval in Landlord’s sole discretion. Within ten (10) business days after such submission, Landlord shall either approve or disapprove the space plan. Tenant shall make any changes necessary in order to correct any item identified by Landlord as grounds for its disapproval, and shall resubmit the correct space plan to Landlord such drawings within ten (10) business days after of their receipt by Landlord’s disapproval. Within ten If Landlord disapproves such working drawings, Landlord shall specify the reasons for such disapproval in reasonable particularity, and Tenant shall make conforming revisions thereto and resubmit such working drawings to Landlord for re-review in accordance with the same procedure set forth above, except that Landlord must complete its review and notify Tenant of its approval or disapproval of such revised working drawings within five (105) business days of their receipt by Landlord. Landlord and Tenant shall initial the working drawings after Landlord received the revised space plan, Landlord shall approve or disapprove it. This procedure shall be repeated until the space plan is same have been finally approved by Landlord and written approval has been delivered to TenantLandlord. If Landlord fails falls to approve give Tenant notice as aforesaid either approving or disapprove any submission disapproving Tenant's initial working drawings or resubmitted working drawings within the required time period periods specified above, Landlord shall be deemed to have disapproved approved such submission. Landlord has approved the space plan for Building 2initial working drawings or resubmitted working drawings, a copy of which is attached hereto as Schedule 2 (the “Building 2 Space Plan”), subject to Landlord’s right to review and approve the Working Drawings, interior color and finishes, materials, specifications, and other items pursuant to Paragraph 2(b)(ii) and (iii) below, and further subject to compliance and conformance with the Minimum Specifications (as defined in Paragraph 2(b)(iii) below).
(ii) Within twenty-one (21) days after Landlord has finally approved Tenant’s space plan, Tenant shall submit its Working Drawings and a pallet of interior colors and finishes to Landlord for Landlord’s review and approval, in Landlord’s sole discretionapplicable. Landlord’s approval or disapproval of such Working Drawings and pallet, and Tenant’s response thereto, shall follow the procedure (including deemed disapproval) described in Subsection (i) above with respect to the space plan. All items finally approved by Landlord pursuant to this Paragraph 2(b) are referred to herein collectively as “Tenant’s Plans”. Once approved by Landlord, no changes shall be made to Tenant’s Plans without the prior written 's approval of LandlordTenant's working drawings shall not be unreasonably withheld, in Landlord’s sole discretion.
provided that (iiia) Landlord has established a partial list of Minimum Building Specifications for Building 2 they comply with all applicable governmental laws, codes, rules and regulations, (the “Minimum Specifications”b) which is attached such working drawings are sufficiently detailed to this Exhibit as Schedule 1, for use in the design and allow construction of the Tenant Improvementsimprovements in a good and workmanlike manner, provided that and (c) the Minimum Specifications is not a complete list of products, specifications improvements depicted thereon conform to the rules and finishes to be used in regulations promulgated by Landlord for the construction of the Tenant Improvements and accordingly, Tenant shall cause to be described tenant improvements in the Working Drawings all products, specifications and finishes to be Building. As used in the construction of the Tenant Improvements which are not otherwise listed on, or which deviate fromherein, the Minimum Specifications, all of which shall be subject to Landlord’s approval in Landlord’s sole discretion. Unless otherwise expressly agreed to by Landlord, the portion of the Tenant Improvements pertaining to the products, specifications and finishes specified in the Minimum Specifications shall comply with the Minimum Specifications.phrase
Appears in 1 contract
Samples: Lease (Unifi Communications Inc)
Tenant’s Plans. 1. Landlord, through Xxxx Xxxxxxx (ithe “Architect”) Tenant and Xxxxxxx Xxxxxxxx & Associates (the “Engineer”), shall diligently pursue the preparation of all drawings, prepare complete plans and specifications (“Tenant’s Plans”) for Work relating to the Expansion Space as follows:
(a) Detailed architectural drawings and specifications of Tenant’s partition plan, partition types, reflected ceiling plan, power, communications, and telephone plan (location of data and telephone outlets with pull boxes only), electrical outlets, finish plan, millwork construction drawings, elevations, construction details and sections; and
(b) Mechanical, electrical, plumbing and lighting plans and specifications where necessary for installation and connection to Building Systems.
2. Landlord and Tenant Improvements hereby agree that time is of the essence, and the following procedure and schedule shall be adhered to with respect to the design and development of final construction documents (“Construction Documents”) and the construction of Work:
(a) Provided Tenant has timely supplied all necessary information to Landlord, Architect and Engineer shall prepare and deliver to Landlord and Tenant copies of Tenant’s Plans based upon all information previously provided and approved by Tenant;
(b) Landlord and Tenant shall thereafter promptly review Tenant’s Plans. Landlord shall have the right to approve or reject such plans in its sole discretion and shall notify Tenant in sufficient detail as to why Landlord is rejecting any of the proposed Tenant’s Plans. Tenant shall sign off on the proposed Tenant’s Plans or reject and modify the proposed Tenant’s Plans, prepared in accordance with Subsection (a) above within five (5) business days after receipt of such Tenant’s Plans by Architect and Engineer. The approved Tenant’s Plans are to be initialed by Landlord and Tenant and attached to this Paragraph 2(b). All such plansExpansion Space Work Letter as Schedule “D-3.”
(c) Landlord shall obtain bids from at least three (3) general contractors for the performance of the Work, drawings and specifications which general contractors shall be performed mutually acceptable to Landlord and Tenant;
(d) Following the approval of Tenant’s Plans, the Construction Documents shall be prepared from such Tenant’s Plans by an architect and/or engineer Architect and Engineer, and the Construction Documents shall be sent out for bid by the approved general contractors. Upon the approval of Tenant of the winning bid and the pricing associated with the same (as applicable) the “Tenant Improvement Budget”), a contract for construction shall be awarded by Landlord to a bidder with a price and construction schedule reasonably acceptable to Landlord and Tenant, and shall include the following: (i) a space plan for the Premises; (ii) complete architectural, engineering and other plans for the Tenant Improvements; and (iii) a list of tenant improvement building standards for interior design, including a schedule (e.g. color palate, material board and spec sheets) of all interior color and finishes. Items (ii) and (iii) above are collectively referred to herein as “Working Drawings”. The space plan and Working Drawings shall comply with all applicable regulations, laws, ordinances, codes and rules. Tenant shall submit its space plan be required to Landlordreview, for review approve and approval initial the complete Construction Documents prior the Landlord commencing construction. Construction shall be commenced and diligently pursued to completion in Landlord’s sole discretionaccordance with such construction schedule. Within ten (10) business days after such submissionUpon prior notice to Tenant, Landlord shall either approve reserves the right to make reasonable substitutions of equal or disapprove the space plan. Tenant shall make any changes necessary in order to correct any item identified by Landlord as grounds for its disapproval, better quality and shall resubmit the correct space plan to Landlord within ten (10) business days after Landlord’s disapproval. Within ten (10) business days after Landlord received the revised space plan, Landlord shall approve or disapprove it. This procedure shall be repeated until the space plan is finally approved by Landlord and written approval has been delivered to Tenant. If Landlord fails to approve or disapprove any submission within the required time period Landlord shall be deemed to have disapproved such submission. Landlord has approved the space plan value for Building 2, a copy of which is attached hereto as Schedule 2 (the “Building 2 Space Plan”), subject to Landlord’s right to review and approve the Working Drawings, interior color and finishes, materials, specifications, and other items pursuant to Paragraph 2(b)(ii) and (iii) below, and further subject to compliance and conformance with the Minimum Specifications (as defined in Paragraph 2(b)(iii) below).
(ii) Within twenty-one (21) days after Landlord has finally approved Tenant’s space plan, Tenant shall submit its Working Drawings and a pallet of interior colors and finishes to Landlord for Landlord’s review and approval, in Landlord’s sole discretion. Landlord’s approval or disapproval of such Working Drawings and pallet, and Tenant’s response thereto, shall follow the procedure (including deemed disapproval) described in Subsection (i) above with respect to the space plan. All items finally approved by Landlord pursuant to this Paragraph 2(b) are referred to herein collectively as “Tenant’s Plans”. Once approved by Landlord, no changes shall be made to Tenant’s Plans without the prior written approval of Landlord, in Landlord’s sole discretion.
(iii) Landlord has established a partial list of Minimum Building Specifications for Building 2 (the “Minimum Specifications”) which is attached to this Exhibit as Schedule 1, for use Standard Materials in the design and construction event of the Tenant Improvements, provided that the Minimum Specifications is not a complete list unavailability of products, specifications and finishes to be used in the construction of the Tenant Improvements and accordingly, Tenant shall cause to be described in the Working Drawings all products, specifications and finishes to be used in the construction of the Tenant Improvements which are not otherwise listed on, materials or which deviate from, the Minimum Specifications, all of which shall be subject to Landlord’s approval in Landlord’s sole discretion. Unless otherwise expressly agreed to by Landlord, the portion of the Tenant Improvements pertaining to the products, specifications and finishes specified in the Minimum Specifications shall comply with the Minimum Specifications.altered field conditions;
Appears in 1 contract
Tenant’s Plans. A. Tenant's Plans/Tenant's Work. Following the expiration of the Due Diligence Period in the manner hereinabove described, and subject to the obtaining of Tenant's Permits (i) and Landlord's prior written approval thereof), Tenant shall diligently pursue commence Tenant's Work, which shall include, demolishing certain portions of the preparation Leased Premises, and the construction of all drawings, new alterations and improvements pursuant to plans and specifications which shall have been prepared by Tenant and submitted to Landlord for Tenant Improvements its prior written approval in accordance with the terms and conditions of this Paragraph 2(b)Lease. All such plans, drawings Such plans and specifications shall be performed by an architect and/or engineer (as applicable) reasonably acceptable to Landlord prepared and provided at Tenant's sole cost and expense, shall be consistent with Tenant's Permits, and shall include the following: (i) a space plan for the Premises; (ii) complete architectural, engineering and other plans for the Tenant Improvements; and (iii) a list of tenant improvement building standards for interior design, including a schedule (e.g. color palate, material board and spec sheets) of all interior color and finishes. Items (ii) and (iii) above are collectively referred to herein as “Working Drawings”. The space plan and Working Drawings shall comply in compliance with all applicable regulations, laws, ordinances, codes codes, permits, rules, regulations and rulesrequirements of all duly constituted governmental authorities having jurisdiction and applicable insurance companies (collectively, "LAWS") and shall include, as applicable, complete and detailed plans and specifications, including, but not limited to elevations, mechanical, electrical, plumbing and signage plans (collectively, "TENANT'S PLANS"). Tenant hereby agrees that Tenant's Plans shall submit not require the construction of any structure beyond the "footprint" of the structure currently situate on that portion of the Property on which the Leased Premises are to be rebuilt. Tenant's Plans shall be submitted to Landlord for its space plan to Landlord, for review and approval in Landlord’s sole discretionprior to the expiration of the Due Diligence Period (i.e., as the same may be extended as contemplated above but without extension for events of force Majeure). Within ten (10) business days after such submission, Landlord shall either approve give its approval or disapprove the space plan. Tenant shall make any changes necessary disapproval (giving specific reasons in order to correct any item identified by Landlord as grounds for its case of disapproval, and shall resubmit the correct space plan to Landlord ) of Tenant's Plans within ten (10) business days after Landlord’s disapproval. Within ten their delivery to Landlord for an initial review, and within five (105) business days after their delivery to Landlord received for resubmission. In the revised space planevent that Landlord shall advise Tenant of any objections to Tenant's Plans, and Landlord and Tenant cannot reasonably resolve said objections to their mutual satisfaction within thirty (30) days following Tenant's receipt of Landlord's objections, then either party may submit such dispute to arbitration in accordance with Section 54. Notwithstanding anything herein contained to the contrary, the commencement or pending decision of any arbitration proceeding in conjunction with this Lease shall not delay or excuse any payment of Base Rent, additional rent or other charge which is otherwise due and payable under this Lease. In the event that Tenant fails to timely submit Tenant's Plans as contemplated herein, Landlord may, at its option, take either of the following actions: (i) extend the time for Tenant to submit Tenant's Plans or (ii) by written notice to Tenant, terminate this Lease (subject to the provisions of Section 44). Tenant acknowledges that Landlord's approval of Tenant's Plans shall approve not be deemed a warranty or disapprove itrepresentation that Tenant's Plans comply with applicable Laws, or other legal requirements or are sufficient for Tenant's needs or purposes. This procedure All improvements and installations to be made, performed or installed by Tenant, inclusive of Tenant's Work, shall be repeated until provided at Tenant's sole cost and expense and shall be performed in compliance with all of the space plan is finally terms and conditions of this Lease (including, but not limited to Section 21) and all applicable Laws. Tenant's Work shall be performed by reputable and licensed contractors reasonably approved by Landlord and written approval has been delivered to Tenantwhich shall work in a harmonious manner in accordance with good construction industry practice(s). If Landlord fails to approve or disapprove any submission within the required time period Landlord shall be deemed to have disapproved such submission. Landlord has approved the space plan for Building 2, a copy of which is attached hereto as Schedule 2 (the “Building 2 Space Plan”), subject to Landlord’s right to review and approve the Working Drawings, interior color and finishes, materials, specifications, and other items pursuant to Paragraph 2(b)(ii) and (iii) below, and further subject to compliance and conformance with the Minimum Specifications (as defined in Paragraph 2(b)(iii) below).
(ii) Within twenty-one (21) days after Landlord has finally approved Tenant’s space plan, Tenant shall submit its Working Drawings and not cause any conflict or work stoppage as a pallet result of interior colors and finishes any work performed at the Property. Notwithstanding anything herein contained to Landlord for Landlord’s the contrary, in no event may Tenant seek, submit, or request in any application made to any applicable municipal or other governing body having jurisdiction, any changes, modifications or other alterations of the Leased Premises, which entail or require either partial or full site plan review and approval, in without Landlord’s sole discretion. Landlord’s approval or disapproval of such Working Drawings and pallet's prior written consent, and Tenant’s response thereto, shall follow the procedure (including deemed disapproval) described in Subsection (i) above with respect to the space plan. All items finally approved which consent may be withheld by Landlord pursuant in its sole and un-reviewable discretion; provided, however, that in the event that Landlord shall deny Tenant's request for consent to this Paragraph 2(b) are referred to herein collectively any such changes, modifications or other alterations of the Leased Premises, which entail or require either partial or full site plan, Tenant may request a Resolution Meeting (as “Tenant’s Plans”. Once approved by Landlorddefined below), no changes shall be made to Tenant’s Plans without the prior written approval of with Landlord, in Landlord’s sole discretionthe same time and manner as provided in Section 4.6C below, in order to review the specific request and attempt a resolution thereof.
(iii) Landlord has established a partial list of Minimum Building Specifications for Building 2 (the “Minimum Specifications”) which is attached to this Exhibit as Schedule 1, for use in the design and construction of the Tenant Improvements, provided that the Minimum Specifications is not a complete list of products, specifications and finishes to be used in the construction of the Tenant Improvements and accordingly, Tenant shall cause to be described in the Working Drawings all products, specifications and finishes to be used in the construction of the Tenant Improvements which are not otherwise listed on, or which deviate from, the Minimum Specifications, all of which shall be subject to Landlord’s approval in Landlord’s sole discretion. Unless otherwise expressly agreed to by Landlord, the portion of the Tenant Improvements pertaining to the products, specifications and finishes specified in the Minimum Specifications shall comply with the Minimum Specifications.
Appears in 1 contract
Tenant’s Plans. (ia) Tenant shall diligently pursue the preparation of all drawings, plans and specifications for Tenant Improvements in accordance with this Paragraph 2(b). All such cause to be prepared complete plans, drawings and specifications ("Tenant's Plans") for the work to be performed to prepare the Premises for Tenant's occupancy thereof using Landlord's designated architect. The cost of preparation and revision of Tenant's Plans and the Drawings (as defined below) shall be performed paid by an architect and/or engineer Landlord from the Tenant Improvement Allowance.
(as applicableb) reasonably acceptable Tenant's Plans shall be delivered by Tenant to Landlord and Tenant, and shall include the following: (i) a space plan for the Premises; (ii) complete architectural, engineering and other plans for the Tenant Improvements; and (iii) a list of tenant improvement building standards for interior design, including a schedule (e.g. color palate, material board and spec sheets) of all interior color and finishes. Items (ii) and (iii) above are collectively referred to herein as “Working Drawings”. The space plan and Working Drawings shall comply with all applicable regulations, laws, ordinances, codes and rules. Tenant shall submit its space plan to Landlord, for review and approval in Landlord’s sole discretion. Within ten (10) business days after such submission, Landlord shall either approve or disapprove the space plan. Tenant shall make any changes necessary in order to correct any item identified by Landlord as grounds for its disapproval, and shall resubmit the correct space plan to Landlord within ten (10) business days after execution of this Lease. Landlord shall not unreasonably withhold or delay its approval of the proposed Tenant's Plans so submitted. If Landlord shall have reasonable grounds for withholding its approval of the proposed Tenant's Plans, Landlord’s disapproval. Within ten , within five (105) business days after of receipt of Tenant's Plans, shall provide Tenant with written notice of its disapproval detailing with specificity those aspects of Tenant's Plans which Landlord received disapproves. In the event Landlord provides timely written notice of its disapproval of Tenant's Plans within such five (5) business day period, Tenant shall cause Tenant's plans to be revised space plan, and shall deliver the amended Tenant's Plans to Landlord shall approve or disapprove itfor approval. This procedure The same procedures as for the originally submitted Tenant's Plans shall be repeated until applicable to any amendments of Tenant's Plans under the space plan is finally preceding sentences. Landlord and Tenant agree to cooperate reasonably and in good faith in an effort to finalize approval of Tenant's Plans, as same may be so revised, on or before (Math 16, 20071. Failure to timely complete such plans shall constitute a default hereunder by Tenant. Once approved by Landlord and written approval has been delivered to Tenant. If Landlord fails to approve or disapprove any submission within , the required time period Landlord shall be deemed to have disapproved such submission. Landlord has approved the space plan for Building 2, a copy of which is attached hereto as Schedule 2 (the “Building 2 Space Plan”), subject to Landlord’s right to review and approve the Working Drawings, interior color and finishes, materials, specifications, and other items pursuant to Paragraph 2(b)(ii) and (iii) below, and further subject to compliance and conformance with the Minimum Specifications Tenant's Plans (as defined in Paragraph 2(b)(iiisame may have been so revised) below)are herein referred to as the "Drawings".
(iic) Within twenty-one (21) days after Landlord has finally approved Tenant’s space planWithout the prior written consent of Landlord, Tenant shall submit its Working Drawings and a pallet of interior colors and finishes to Landlord for Landlord’s review and approval, in Landlord’s sole discretion. Landlord’s approval or disapproval of such Working Drawings and pallet, and Tenant’s response thereto, shall follow the procedure (including deemed disapproval) described in Subsection (i) above with respect to the space plan. All items finally approved by Landlord pursuant to this Paragraph 2(b) are referred to herein collectively as “Tenant’s Plans”. Once approved by Landlord, make no changes shall be made to Tenant’s Plans without the prior written approval of Landlord, in Landlord’s sole discretion.
(iii) Landlord has established a partial list of Minimum Building Specifications for Building 2 (the “Minimum Specifications”) which is attached to this Exhibit as Schedule 1, for use in the design and construction of the Tenant Improvements, provided that the Minimum Specifications is not a complete list of products, specifications and finishes to be used in the construction of the Tenant Improvements and accordingly, Tenant shall cause to be described in the Working Drawings all products, specifications and finishes to be used in the construction of the Tenant Improvements which are not otherwise listed on, or which deviate from, the Minimum Specifications, all of which shall be subject to Landlord’s approval in Landlord’s sole discretion. Unless otherwise expressly agreed to by Landlord, the portion of the Tenant Improvements pertaining to the products, specifications and finishes specified in the Minimum Specifications shall comply with the Minimum SpecificationsDrawings.
Appears in 1 contract
Samples: Commencement Date Agreement (Brainy Brands Company, Inc.)
Tenant’s Plans. (i) Tenant shall diligently pursue have prepared, not later than the preparation times set forth in Paragraph C of all drawingsExhibit “E” hereto, and shall deliver to Landlord for its approval (which shall not be unreasonably withheld) one mylar and two blackline prints of the complete and final descriptive information and drawings described in Paragraph D of Exhibit “E” hereto and three (3) copies of the specifications, prepared by such space planner (“Tenant’s Layout Plans”) for the construction and finishing of the Premises for Tenant’s occupancy. Tenant’s plans shall be signed and sealed by an architect licensed by and registered in the Commonwealth of Pennsylvania. Tenant’s Layout Plans shall conform to the plans and specifications for heretofore submitted by Landlord to Tenant Improvements in accordance with this Paragraph 2(b). All such plansand applicable laws and requirements of public authorities and shall designate, drawings among other things, the locations of and specifications for all plumbing, electrical and mechanical equipment to be installed in the Premises, and all partitions, doors, lighting fixtures, electric receptacles and switches, telephone outlets and special air conditioning, floor coverings and other improvements to be installed by Tenant. Tenant’s Layout Plans shall be performed by an architect and/or engineer (as applicable) reasonably acceptable to Landlord and Tenant, and shall include the following: (i) a space plan for the Premises; (ii) complete architectural, engineering and other plans for the Tenant Improvements; and (iii) a list of tenant improvement building standards for interior design, including a schedule (e.g. color palate, material board and spec sheets) of all interior color and finishes. Items (ii) and (iii) above are collectively referred to herein as “Working Drawings”. The space plan and Working Drawings shall comply with all applicable regulations, laws, ordinances, codes and rules. Tenant shall submit its space plan to Landlord, for review and approval in Landlord’s sole discretion. Within ten (10) business days after such submission, Landlord shall either approve or disapprove the space plan. Tenant shall make any changes necessary in order to correct any item identified by Landlord as grounds for its disapproval, and shall resubmit the correct space plan to Landlord within ten (10) business days after Landlord’s disapproval. Within ten (10) business days after Landlord received the revised space plan, Landlord shall approve or disapprove it. This procedure shall be repeated until the space plan is finally approved by Landlord and written approval has been delivered to Tenant. If Landlord fails to approve or disapprove any submission within the required time period Landlord shall be deemed to have disapproved such submission. Landlord has approved the space plan for Building 2, a copy of which is attached hereto as Schedule 2 (the “Building 2 Space Plan”), subject to Landlord’s right to review and approve the Working Drawings, interior color and finishes, materials, specifications, and other items pursuant to Paragraph 2(b)(ii) and (iii) below, and further subject to compliance and conformance with the Minimum Specifications (as defined in Paragraph 2(b)(iii) below).
(ii) Within twenty-one (21) days after Landlord has finally approved Tenant’s space plan, Tenant shall submit its Working Drawings and a pallet of interior colors and finishes to Landlord for Landlord’s review and approval, in Landlord’s sole discretion. Landlord’s which approval or disapproval of such Working Drawings and palletshall not be unreasonably withheld, and shall be deemed modified to take account of any changes reasonably required by Landlord. The Landlord shall advise Tenant within five (5) business days of its receipt of Tenant’s response thereto, shall follow the procedure (including deemed disapproval) described in Subsection (i) above Layout Plans as to whether they are acceptable to Landlord. Concurrently with respect to the space plan. All items finally approved by Landlord pursuant to this Paragraph 2(b) are referred to herein collectively as “delivery of Tenant’s Plans”. Once approved by Layout Plans to Landlord, no changes shall be made to Tenant’s Plans without the prior written approval of Landlord, in Landlord’s sole discretion.
(iii) Landlord has established a partial list of Minimum Building Specifications for Building 2 (the “Minimum Specifications”) which is attached to this Exhibit as Schedule 1, for use in the design and construction of the Tenant Improvements, provided that the Minimum Specifications is not a complete list of products, specifications and finishes to be used in the construction of the Tenant Improvements and accordingly, Tenant shall cause by notice to Landlord in writing designate a single individual who Tenant agrees shall be described in available to meet and consult with Landlord at the Working Drawings all products, specifications and finishes to be used in Premises as Tenant’s representative respecting the construction of the Tenant Improvements matters which are not otherwise listed onthe subject of this Article 8 and who, as between Landlord and Tenant, shall have the power to legally bind Tenant, in making requests for changes, giving approval of plans or which deviate fromwork, giving directions to Landlord or the Minimum Specificationslike, all of which shall be subject to Landlord’s approval in Landlord’s sole discretion. Unless otherwise expressly agreed to by Landlord, the portion of the Tenant Improvements pertaining to the products, specifications and finishes specified in the Minimum Specifications shall comply with the Minimum Specificationsunder this Article 8.
Appears in 1 contract
Samples: Lease Agreement (MEDecision, Inc.)
Tenant’s Plans. 1. Landlord, through Baskervill (ithe “Architect”) Tenant and XX Xx & Associates or Xxxxxxx Xxxxxxxx, as selected by Landlord (as selected, the “MEP Engineer”), shall diligently pursue prepare complete plans and specifications (“Tenant’s Plans”) for Work in the preparation 21,288 square foot space comprising the Premises as follows:
(a) Detailed architectural drawings and specifications of all Tenant’s partition plan, partition types, reflected ceiling plan, power, communications, and telephone plan (location of data and telephone outlets with pull boxes only), electrical outlets, finish plan, millwork construction drawings, elevations, construction details and sections;
(b) Mechanical, electrical and plumbing plans and specifications for the Premises (including, but not limited to, the Generator, as defined in Special Stipulation 7 on Exhibit “D” attached hereto). Any contract by Landlord with MEP Engineer shall be for a fee that is commensurate with market rates for the services being provided by MEP Engineer.
2. Landlord and Tenant Improvements hereby agree that time is of the essence, and the following procedure and schedule shall be adhered to with respect to the construction of Work:
(a) Provided Tenant has timely supplied all necessary information to Landlord, Architect and MEP Engineer shall prepare and deliver to Landlord and Tenant copies of Tenant’s Plans based upon all information previously provided and approved by Tenant;
(b) Landlord and Tenant shall thereafter promptly review Tenant’s Plans. Landlord shall have the right to approve or reject such plans in its sole discretion (including but not limited to failure to include or use Building Standard Tenant Materials) and shall notify Tenant in sufficient detail as to why Landlord is rejecting any of the proposed Tenant’s Plans. Tenant shall sign off on the proposed Tenant’s Plans or reject and modify the proposed Tenant’s Plans, prepared in accordance with this Paragraph 2(b)Subsection (a) above within five (5) business days after receipt of Landlord’s approval or rejection;
(c) Landlord shall obtain bids from at least three (3) contractors pre-approved by Tenant for the performance of portions of Work, as applicable, providing for by Tenant’s Plans, and specifically including, but not necessarily limited to, mechanical; electrical; plumbing; drywall; wall finishes; and carpeting. All Tenant, with Landlord’s approval, may also select an alternate contractor for pricing of some or all of such plansconstruction activities, drawings provided that no Building systems are involved.
(d) Following receipt of bids based upon the approved Tenant’s Plans and specifications an opportunity for Tenant to revise Tenant’s Plans, at Tenant’s cost, and a contract for construction shall be performed awarded by an architect and/or engineer (as applicable) Landlord to a bidder with a “stipulated sum” price and construction schedule reasonably acceptable to Landlord and Tenant. Construction shall be commenced and diligently pursued to completion in accordance with such construction schedule. All construction of the Work shall be done in a good and workmanlike manner substantially in accordance with Tenant’s Plans. Upon prior notice to Tenant, Landlord reserves the right to make reasonable substitutions of equal or better quality and value for Building Standard Tenant Materials in the event of unavailability of materials or altered field conditions;
(e) Landlord shall give Tenant five (5) business days prior written notice of its anticipated date of “Substantial Completion” (as hereinafter defined);
(f) Items shown on a punch list to be prepared by Tenant, Architect and MEP Engineer at Substantial Completion will then be completed, and Landlord shall include the following: (i) thereafter obtain a space plan Temporary Certificate of Occupancy, if necessary, and a permanent Certificate of Occupancy for the Premises, if required, as promptly as possible; and
(iig) complete architecturalLandlord at its sole cost shall repair any latent defects in the Work as to which Tenant has notified Landlord within six (6) months after the Commencement Date, engineering and other plans for the Tenant Improvements; and (iii) within a list of tenant improvement building standards for interior design, including a schedule (e.g. color palate, material board and spec sheets) of all interior color and finishes. Items (ii) and (iii) above are collectively referred to herein as “Working Drawings”reasonable time after such notice by Tenant
3. The space plan contractor selected though the bidding process shall construct the Leasehold Improvements to the Premises in accordance with Tenant’s Plans which have been approved by the parties. Said Tenant’s Plans are to be initialed by Landlord and Working Drawings Tenant and attached hereto as Exhibit “B-2.”
4. Tenant agrees that it shall comply look solely to Architect and MEP Engineer with all respect to the adequacy, correctness or sufficiency of Tenant’s Plans or compliance thereof with any applicable regulations, laws, ordinancescodes, codes regulations or ordinances of any applicable governmental authority, or otherwise, and rules. Tenant shall submit its space plan to Landlord, for review and approval in that Landlord’s sole discretionreview or approval of Tenant’s Plans shall not constitute a representation, guaranty or warranty with respect to Tenant’s Plans. Within ten (10) business days after In the event that a claim may be reasonably made against Architect and/or MEP Engineer with respect to Tenant’s Plans and Tenant desires to pursue such submissionclaim, Landlord shall either approve (i) use commercially reasonable efforts to pursue such claim against Architect and/or MEP Engineer on behalf of Tenant and Landlord, or disapprove (ii) assign to Tenant the space planright to pursue such claim.
5. Tenant’s Plans shall be filed by Architect, MEP Engineer or the applicable contractor as shall be required by law and approved by all governmental authorities having jurisdiction thereof. Any and all permits which may be required shall be procured by Architect, MEP Engineer or the applicable contractor as part of the Allowance. Tenant and Tenant’s architect and designers, if any, shall make cooperate with Landlord in obtaining any such approvals and permits without delay.
6. Any changes necessary in order required by any governmental authority, agency or department affecting the construction of any Work or any Additional Work to correct any item identified by Landlord as grounds for its disapproval, and be performed therein shall resubmit the correct space plan to Landlord within ten (10) business days after Landlord’s disapproval. Within ten (10) business days after Landlord received the revised space plan, Landlord shall approve or disapprove it. This procedure shall be repeated until the space plan is finally approved by Landlord and written approval has been delivered to Tenant. If Landlord fails to approve or disapprove any submission within the required time period Landlord shall not be deemed to have disapproved such submission. Landlord has approved the space plan for Building 2, be a copy violation of which is attached hereto as Schedule 2 (the “Building 2 Space Plan”), subject to Landlord’s right to review and approve the Working Drawings, interior color and finishes, materials, specifications, and other items pursuant to Paragraph 2(b)(ii) and (iii) below, and further subject to compliance and conformance with the Minimum Specifications (as defined in Paragraph 2(b)(iii) below).
(ii) Within twenty-one (21) days after Landlord has finally approved Tenant’s space plan, Tenant shall submit its Working Drawings and a pallet of interior colors and finishes to Landlord for Landlord’s review and approval, in Landlord’s sole discretion. Landlord’s approval or disapproval of such Working Drawings and pallet, and Tenant’s response thereto, shall follow the procedure (including deemed disapproval) described in Subsection (i) above with respect to the space plan. All items finally approved by Landlord pursuant to this Paragraph 2(b) are referred to herein collectively as “Tenant’s Plans”. Once approved by Landlord, no changes shall be made to Tenant’s Plans without the prior written approval or any provision of Landlord, in Landlord’s sole discretion.
(iii) Landlord has established a partial list of Minimum Building Specifications for Building 2 (the “Minimum Specifications”) which is attached to this Exhibit as Schedule 1, for use in the design Agreement and construction of the Tenant Improvements, provided that the Minimum Specifications is not a complete list of products, specifications and finishes to be used in the construction of the Tenant Improvements and accordingly, Tenant shall cause to be described in the Working Drawings all products, specifications and finishes to be used in the construction of the Tenant Improvements which are not otherwise listed on, or which deviate from, the Minimum Specifications, all of which shall be subject to Landlord’s approval in Landlord’s sole discretion. Unless otherwise expressly agreed to accepted and paid for by Landlord, the portion of the Tenant Improvements pertaining to the products, specifications and finishes specified in the Minimum Specifications shall comply with the Minimum SpecificationsTenant.
Appears in 1 contract
Tenant’s Plans. (i) Tenant shall diligently pursue Attached hereto as Exhibit A is the preparation of all drawings, plans and specifications for Tenant Improvements in accordance with this Paragraph 2(b). All such plans, drawings and specifications shall be performed by an architect and/or engineer (as applicable) reasonably acceptable to Landlord and Tenant, and shall include the following: (i) a space demising plan for the Premises; New Premises (ii) complete architectural, engineering and other plans for the Tenant Improvements; and (iii) a list of tenant improvement building standards for interior design, including a schedule (e.g. color palate, material board and spec sheets) of all interior color and finishes“Demising Plan”). Items (ii) and (iii) above are collectively referred to herein As soon as “Working Drawings”. The space plan and Working Drawings shall comply with all applicable regulations, laws, ordinances, codes and rules. Tenant shall submit its space plan to Landlord, for review and approval in Landlord’s sole discretion. Within reasonably practicable but not later than ten (10) business days after following full execution and delivery of this Amendment, Tenant by its representative with authority to dictate Tenant’s desired plans and specifications, who shall be any of Xxxxxxxxx Xxxxxxx Xxxxxx, General Counsel or Tenant’s Consultant (as defined below) (either of such submissionpersons, Landlord the “Tenant’s Representative”) shall either approve or disapprove the space plan. Tenant shall make any changes necessary in order to correct any item identified meet with an architect designated by Landlord as grounds (the “Landlord’s Architect”) for the purpose of Tenant communicating to Landlord’s Architect its disapprovalspace and layout requirements within the Demising Plan. Tenant’s space requirements will be reasonably consistent with a typical office layout and the finishes will be reasonably consistent with the finishes of the Existing Premises. In addition, Tenant’s entrance to the New Premises shall be directly in front of the elevators to achieve maximum elevator identification. Following this meeting, Landlord’s Architect will prepare initial schematic design documents and design development documents (the “Design Documents”) and submit to Tenant’s Representative, Tenant’s Consultant (if any) and Landlord for review and approval, whereupon Landlord, Tenant’s Representative and Tenant’s Consultant shall resubmit each provide its comments and feedback concerning the correct space plan Design Documents to Landlord Landlord’s Architect within ten (10) business days after following receipt thereof (the parties acknowledging that email delivery of Design Documents is deemed delivery for this purpose). Landlord’s disapproval. Within Architect will incorporate each of Landlord’s, Tenant’s Representative’s and Tenant’s Consultant’s feedback (as reasonably and mutually agreed to between the parties) into the Design Documents and will then generate a final set of Design Documents for approval by Tenant’s Representative, Tenant’s Consultant and Landlord (the “Tenant’s Plans and Specifications”) whereupon Landlord, Tenant’s Representative and Tenant’s Consultant shall each provide its feedback or sign off to the Tenant’s Plans and Specifications within ten (10) business days after Landlord received following receipt thereof (the revised space planparties acknowledging that email delivery of Tenant’s Plans and Specifications is deemed delivery for this purpose). If Tenant’s Representative and/or Tenant’s Consultant do not timely respond to Landlord’s Architect delivery of either Design Documents or Tenant’s Plans and Specifications, then Landlord shall approve or disapprove it. This procedure shall be repeated until the space plan is finally approved by Landlord and written approval has been delivered send email notice to Tenant’s Representative and/or Tenant’s Consultant notifying Tenant of its failure to respond, whereupon, Tenant’s Representative and/or Tenant’s Consultant, as applicable, will have five (5) calendar days to submit any comments or feedback to the Landlord’s Architect. If Landlord fails to approve or disapprove any submission Tenant’s Representative and/or Tenant’s Consultant, as applicable does not respond within the required time period Landlord shall be such five (5) calendar day period, then Tenant is deemed to have disapproved such submission. Landlord has approved the space plan for Building 2, a copy of which is attached hereto as Schedule 2 (the “Building 2 Space Plan”), subject to Landlord’s right to review and approve the Working Drawings, interior color and finishes, materials, specifications, and other items pursuant to Paragraph 2(b)(ii) and (iii) below, and further subject to compliance and conformance with the Minimum Specifications (as defined in Paragraph 2(b)(iii) below).
(ii) Within twenty-one (21) days after Landlord has finally approved Tenant’s space plan, Tenant shall submit its Working Drawings and a pallet of interior colors and finishes to Landlord for Landlord’s review and approval, in Landlord’s sole discretion. Landlord’s approval or disapproval of such Working Drawings and pallet, and Tenant’s response thereto, shall follow the procedure (including deemed disapproval) described in Subsection (i) above with respect to the space plan. All items finally approved by Landlord pursuant to this Paragraph 2(b) are referred to herein collectively as “Tenant’s Plans”. Once approved by Landlord, no changes shall be made to Design Documents and/or Tenant’s Plans without the prior written approval of Landlord, in Landlord’s sole discretion.
(iii) Landlord has established a partial list of Minimum Building Specifications for Building 2 (the “Minimum Specifications”) which is attached to this Exhibit as Schedule 1, for use in the design and construction of the Tenant Improvements, provided that the Minimum Specifications is not a complete list of products, specifications and finishes to be used in the construction of the Tenant Improvements and accordingly, Tenant shall cause to be described in the Working Drawings all products, specifications and finishes to be used in the construction of the Tenant Improvements which are not otherwise listed on, or which deviate from, the Minimum Specifications, all of which as applicable, and shall be subject no longer have any right to Landlord’s approval in Landlord’s sole discretion. Unless otherwise expressly agreed to by Landlord, the portion of the Tenant Improvements pertaining to the products, specifications and finishes specified in the Minimum Specifications shall comply comment or approve with the Minimum Specificationsrespect thereto.
Appears in 1 contract
Samples: Lease (Travelzoo)
Tenant’s Plans. (i) In connection with the performance of Tenant's Work, Tenant shall diligently pursue the preparation of all drawings, plans and specifications for Tenant Improvements in accordance with this Paragraph 2(b). All such plans, drawings and specifications shall be performed by an architect and/or engineer (as applicable) reasonably acceptable will submit to Landlord and Tenantfor Landlord's written approval a set of the Design/Development Plans by no later than November 10, and shall include 2004. Landlord may list any comments it has on the following: (i) a space plan for the Premises; (ii) complete architectural, engineering and other plans for the Tenant Improvements; and (iii) a list of tenant improvement building standards for interior design, including a schedule (e.g. color palate, material board and spec sheets) of all interior color and finishes. Items (ii) and (iii) above are collectively referred to herein as “Working Drawings”. The space plan and Working Drawings shall comply with all applicable regulations, laws, ordinances, codes and rulesDesign Development Plans on Schedule A attached hereto. Tenant shall submit its space plan to Landlord for Landlord's written approval, for review and approval in Landlord’s sole discretionthe Final Construction Drawings by no later than January 1, 2005. Within ten (10) business days after such submission, Landlord shall either approve or disapprove of such Final Construction Drawings within 10 Business Days of Landlord's receipt thereof and, in the space plan. event of any disapproval, Landlord will provide Tenant shall make any changes necessary in order to correct any item identified by Landlord as grounds with a summary of the material reasons for its disapproval, and shall resubmit of the correct space plan to changes that will be required before Landlord within ten (10) business days after Landlord’s disapproval. Within ten (10) business days after Landlord received will reconsider approving the revised space plan, Landlord shall approve or disapprove it. This procedure shall be repeated until the space plan is finally approved by Landlord and written approval has been delivered to Tenantsame. If Landlord fails to approve or disapprove any submission within the required time period Landlord shall be deemed to have disapproved such submission. Landlord has approved the space plan for Building 2, a copy of which is attached hereto as Schedule 2 (the “Building 2 Space Plan”), subject to Landlord’s right to review and approve the Working Drawings, interior color and finishes, materials, specifications, and other items pursuant to Paragraph 2(b)(ii) and (iii) below, and further subject to compliance and conformance with the Minimum Specifications (as defined in Paragraph 2(b)(iii) below).
(ii) Within twenty-one (21) days after Landlord has finally approved Tenant’s space plannecessary, Tenant shall submit its Working promptly cause such Final Construction Drawings and a pallet to be modified in accordance with Landlord's reasonable requests within 10 Business Days of interior colors and finishes to Landlord for Tenant's receipt of Landlord’s review and approval, in Landlord’s sole discretion's comments. Landlord’s 's approval of the Final Construction Drawings shall not be unreasonably withheld, conditioned or disapproval of delayed, provided that they are consistent with the Design/Development Plans and the A&E Guidelines. At such Working time as the Final Construction Drawings are completed and pallet, and Tenant’s response thereto, shall follow the procedure (including deemed disapproval) described in Subsection (i) above with respect to the space plan. All items finally approved by Landlord pursuant to this Paragraph 2(b) are referred to herein collectively as “Tenant’s Plans”. Once approved by Landlord, no changes Landlord and Tenant shall each execute and deliver the Landlord Approval Letter, reciting such approval and definitively identifying the Final Construction Drawings so approved, and a copy of such letter shall be made appended to Tenant’s Plans without the prior written approval of Landlord, in Landlord’s sole discretion.
(iii) Landlord has established a partial list of Minimum Building Specifications for Building 2 (the “Minimum Specifications”) which is attached to this Exhibit as Schedule 1, for use in the design and construction each counterpart of the Tenant Improvements, provided Lease. The Landlord Approval Letter shall also list any elements of Tenant's Work that must be removed at the Minimum Specifications is not a complete list of products, specifications and finishes to be used in the construction end of the Tenant Improvements and accordingly, Tenant shall cause to be described Lease Term in the Working Drawings all products, specifications and finishes to be used in the construction of the Tenant Improvements which are not otherwise listed on, or which deviate from, the Minimum Specifications, all of which shall be subject to Landlord’s approval in Landlord’s sole discretion. Unless otherwise expressly agreed to by Landlord, the portion of the Tenant Improvements pertaining to the products, specifications and finishes specified in the Minimum Specifications shall comply accordance with the Minimum SpecificationsSection 5.1.4.
Appears in 1 contract
Samples: Lease (Athenahealth Inc)
Tenant’s Plans. (i) Tenant shall diligently pursue prepare, and shall deliver to Landlord for its approval (which shall not be unreasonably withheld) one mylar and two blackline prints of the preparation complete and final descriptive information and drawings described in Paragraph D of all drawingsExhibit “B” hereto and three (3) copies of the specifications, prepared by such space planner (“Tenant’s Layout Plans”) for the construction and finishing of the Building for Tenant’s occupancy. Tenant’s plans shall be signed and sealed by an architect licensed by and registered in the Commonwealth of Pennsylvania. Tenant’s Layout Plans shall conform to the plans and specifications for heretofore submitted by Landlord to Tenant Improvements in accordance with this Paragraph 2(b). All such plansand applicable laws and requirements of public authorities and shall designate, drawings among other things, the locations of and specifications for all plumbing, electrical and mechanical equipment to be installed in the Building, all partitions, doors, lighting fixtures, electric receptacles and switches, telephone outlets and special air conditioning, floor coverings and other improvements to be installed by Landlord. Tenant’s Layout Plans shall be performed by an architect and/or engineer (as applicable) reasonably acceptable to Landlord and Tenant, and shall include the following: (i) a space plan for the Premises; (ii) complete architectural, engineering and other plans for the Tenant Improvements; and (iii) a list of tenant improvement building standards for interior design, including a schedule (e.g. color palate, material board and spec sheets) of all interior color and finishes. Items (ii) and (iii) above are collectively referred to herein as “Working Drawings”. The space plan and Working Drawings shall comply with all applicable regulations, laws, ordinances, codes and rules. Tenant shall submit its space plan to Landlord, for review and approval in Landlord’s sole discretion. Within ten (10) business days after such submission, Landlord shall either approve or disapprove the space plan. Tenant shall make any changes necessary in order to correct any item identified by Landlord as grounds for its disapproval, and shall resubmit the correct space plan to Landlord within ten (10) business days after Landlord’s disapproval. Within ten (10) business days after Landlord received the revised space plan, Landlord shall approve or disapprove it. This procedure shall be repeated until the space plan is finally approved by Landlord and written approval has been delivered to Tenant. If Landlord fails to approve or disapprove any submission within the required time period Landlord shall be deemed to have disapproved such submission. Landlord has approved the space plan for Building 2, a copy of which is attached hereto as Schedule 2 (the “Building 2 Space Plan”), subject to Landlord’s right to review and approve the Working Drawings, interior color and finishes, materials, specifications, and other items pursuant to Paragraph 2(b)(ii) and (iii) below, and further subject to compliance and conformance with the Minimum Specifications (as defined in Paragraph 2(b)(iii) below).
(ii) Within twenty-one (21) days after Landlord has finally approved Tenant’s space plan, Tenant shall submit its Working Drawings and a pallet of interior colors and finishes to Landlord for Landlord’s review and approval, in Landlord’s sole discretion. Landlord’s which approval or disapproval of such Working Drawings and palletshall not be unreasonably withheld, and shall be deemed modified to take account of any changes reasonably required by Landlord. The Landlord shall advise Tenant within five (5) business days of its receipt of Tenant’s response thereto, shall follow the procedure (including deemed disapproval) described in Subsection (i) above Layout Plans as to whether they are acceptable to Landlord. Concurrently with respect to the space plan. All items finally approved by Landlord pursuant to this Paragraph 2(b) are referred to herein collectively as “delivery of Tenant’s Plans”. Once approved by Layout Plans to Landlord, no changes shall be made to Tenant’s Plans without the prior written approval of Landlord, in Landlord’s sole discretion.
(iii) Landlord has established a partial list of Minimum Building Specifications for Building 2 (the “Minimum Specifications”) which is attached to this Exhibit as Schedule 1, for use in the design and construction of the Tenant Improvements, provided that the Minimum Specifications is not a complete list of products, specifications and finishes to be used in the construction of the Tenant Improvements and accordingly, Tenant shall cause by notice to Landlord in writing designate a single individual who Tenant agrees shall be described in available to meet and consult with Landlord at the Working Drawings all products, specifications and finishes to be used in Building as Tenant’s representative respecting the construction of the Tenant Improvements matters which are not otherwise listed onthe subject of this Article 8 and who, as between Landlord and Tenant, shall have the power to legally bind Tenant, in making requests for changes, giving approval of plans or which deviate fromwork, giving directions to Landlord or the Minimum Specificationslike, all of which shall be subject to Landlord’s approval in Landlord’s sole discretion. Unless otherwise expressly agreed to by Landlord, the portion of the Tenant Improvements pertaining to the products, specifications and finishes specified in the Minimum Specifications shall comply with the Minimum Specificationsunder this Article 8.
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Samples: Lease Agreement (MEDecision, Inc.)
Tenant’s Plans. 1. Landlord, through Xxx Xxxx (ithe “Architect”) Tenant and XxXxxx, XxXxx & Xxxxxx (the “Engineer”), shall diligently pursue the preparation of all drawings, prepare complete plans and specifications (“Tenant’s Plans”) for Work as follows:
(a) Detailed architectural drawings and specifications of Tenant’s partition plan, partition types, reflected ceiling plan, power, communications, and telephone plan (location of data and telephone outlets with pull boxes only), electrical outlets, finish plan, millwork construction drawings, elevations, construction details and sections; and
(b) Mechanical, electrical, plumbing and lighting plans and specifications where necessary for installation and connection Building Systems.
2. Landlord and Tenant Improvements hereby agree that time is of the essence, and the following procedure and schedule shall be adhered to with respect to the design and development of final construction documents (“Construction Documents”) and the construction of Work:
(a) Provided Tenant has timely supplied all necessary information to Landlord, Architect and Engineer shall prepare and deliver to Landlord and Tenant copies of Tenant’s Plans based upon all information previously provided and approved by Tenant;
(b) Landlord and Tenant shall thereafter promptly review Tenant’s Plans. Landlord shall have the right to approve or reject such plans in its sole discretion and shall notify Tenant in sufficient detail as to why Landlord is rejecting any of the proposed Tenant’s Plans. Tenant shall sign off on the proposed Tenant’s Plans or reject and modify the proposed Tenant’s Plans, prepared in accordance with this Paragraph 2(bSubsection (a) above within five (5) business days after receipt of such Tenant’s Plans by Architect and Engineer;
(c) Landlord shall obtain bids from at least three (3) pre-approved contractors for the performance of each of the following portions of Work, as applicable, providing for by Tenant’s Plans: electrical; mechanical; plumbing; drywall, wall finishes; and carpeting. Tenant, with Landlord’s approval, may also select an alternate contractor for pricing of some or all of such construction activities, provided that no Building Systems are involved;
(d) Following receipt of bids based upon the approved Tenant’s Plans (and an opportunity for Tenant to revise Tenant’s Plans) and upon the approval of Tenant of the winning bid and the pricing associated with the same (the “Tenant Improvement Budget”). All such plans, drawings and specifications the Construction Documents shall be performed prepared from such Tenant’s Plans by an architect and/or engineer (as applicable) Architect and Engineer, and a contract for construction shall be awarded by Landlord to a bidder with a price and construction schedule reasonably acceptable to Landlord and Tenant, . Construction shall be commenced and shall include the following: (i) a space plan for the Premises; (ii) complete architectural, engineering and other plans for the Tenant Improvements; and (iii) a list of tenant improvement building standards for interior design, including a schedule (e.g. color palate, material board and spec sheets) of all interior color and finishesdiligently pursued to completion in accordance with such construction schedule. Items (ii) and (iii) above are collectively referred Upon prior notice to herein as “Working Drawings”. The space plan and Working Drawings shall comply with all applicable regulations, laws, ordinances, codes and rules. Tenant shall submit its space plan to Landlord, for review and approval in Landlord’s sole discretion. Within ten (10) business days after such submissionTenant, Landlord shall either approve reserves the right to make reasonable substitutions of equal or disapprove the space plan. Tenant shall make any changes necessary in order to correct any item identified by Landlord as grounds for its disapproval, better quality and shall resubmit the correct space plan to Landlord within ten (10) business days after Landlord’s disapproval. Within ten (10) business days after Landlord received the revised space plan, Landlord shall approve or disapprove it. This procedure shall be repeated until the space plan is finally approved by Landlord and written approval has been delivered to Tenant. If Landlord fails to approve or disapprove any submission within the required time period Landlord shall be deemed to have disapproved such submission. Landlord has approved the space plan value for Building 2, a copy of which is attached hereto as Schedule 2 (the “Building 2 Space Plan”), subject to Landlord’s right to review and approve the Working Drawings, interior color and finishes, materials, specifications, and other items pursuant to Paragraph 2(b)(ii) and (iii) below, and further subject to compliance and conformance with the Minimum Specifications (as defined in Paragraph 2(b)(iii) below).
(ii) Within twenty-one (21) days after Landlord has finally approved Tenant’s space plan, Tenant shall submit its Working Drawings and a pallet of interior colors and finishes to Landlord for Landlord’s review and approval, in Landlord’s sole discretion. Landlord’s approval or disapproval of such Working Drawings and pallet, and Tenant’s response thereto, shall follow the procedure (including deemed disapproval) described in Subsection (i) above with respect to the space plan. All items finally approved by Landlord pursuant to this Paragraph 2(b) are referred to herein collectively as “Tenant’s Plans”. Once approved by Landlord, no changes shall be made to Tenant’s Plans without the prior written approval of Landlord, in Landlord’s sole discretion.
(iii) Landlord has established a partial list of Minimum Building Specifications for Building 2 (the “Minimum Specifications”) which is attached to this Exhibit as Schedule 1, for use Standard Materials in the design and construction event of the Tenant Improvements, provided that the Minimum Specifications is not a complete list unavailability of products, specifications and finishes to be used in the construction of the Tenant Improvements and accordingly, Tenant shall cause to be described in the Working Drawings all products, specifications and finishes to be used in the construction of the Tenant Improvements which are not otherwise listed on, materials or which deviate from, the Minimum Specifications, all of which shall be subject to Landlord’s approval in Landlord’s sole discretion. Unless otherwise expressly agreed to by Landlord, the portion of the Tenant Improvements pertaining to the products, specifications and finishes specified in the Minimum Specifications shall comply with the Minimum Specifications.altered field conditions;
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Tenant’s Plans. (i) Tenant shall diligently pursue the preparation of all drawings, plans and specifications for Tenant Improvements in accordance with this Paragraph 2(b). All such plans, drawings and specifications shall be performed by an architect and/or engineer (as applicable) reasonably acceptable will submit to Landlord and Tenant, and shall include for Landlord’s written approval by no later than 15 days after the following: (i) Lease Commencement Date a space plan for set of the Premises; (ii) complete architectural, engineering and other plans for the Tenant Improvements; and (iii) a list of tenant improvement building standards for interior design, including a schedule (e.g. color palate, material board and spec sheets) of all interior color and finishes. Items (ii) and (iii) above are collectively referred to herein as “Working Drawings”. The space plan and Working Drawings shall comply with all applicable regulations, laws, ordinances, codes and rulesDesign/Development Plans. Tenant shall submit its space plan to Landlord, Landlord for review and approval in Landlord’s sole discretion. Within ten (10) business written approval, the Final Construction Plans by no later than 20 days after such submission, the date of Landlord’s approval of the Design/Development Plans. Landlord shall either approve or disapprove of such Design/Development Plans and such Final Construction Plans, respectively, within 10 Business Days of Landlord’s receipt of such plans, and, in the space plan. event of any disapproval of such plans, Landlord will provide Tenant shall make any changes necessary in order to correct any item identified by Landlord as grounds with a summary of the material reasons for its disapproval, and shall resubmit a detailed description of the correct space plan to changes that will be required before Landlord within ten (10) business days after Landlord’s disapproval. Within ten (10) business days after Landlord received will reconsider approving the revised space plan, Landlord shall approve or disapprove it. This procedure shall be repeated until the space plan is finally approved by Landlord and written approval has been delivered to Tenantsame. If Landlord fails to approve or disapprove any submission within the required time period Landlord shall be deemed to have disapproved such submission. Landlord has approved the space plan for Building 2, a copy of which is attached hereto as Schedule 2 (the “Building 2 Space Plan”), subject to Landlord’s right to review and approve the Working Drawings, interior color and finishes, materials, specifications, and other items pursuant to Paragraph 2(b)(ii) and (iii) below, and further subject to compliance and conformance with the Minimum Specifications (as defined in Paragraph 2(b)(iii) below).
(ii) Within twenty-one (21) days after Landlord has finally approved Tenant’s space plannecessary, Tenant shall submit its Working Drawings and a pallet of interior colors and finishes promptly cause such the Design/Development Plans or Final Construction Plans to Landlord for be modified to address with Landlord’s review and approval, in Landlord’s sole discretionreasonable requests. LandlordXxxxxxxx’s approval of the Final Construction Plans shall not be unreasonably withheld, or disapproval of such Working Drawings and palletdelayed, and Tenant’s response thereto, shall follow provided that they are consistent with the procedure Construction Guidelines (including deemed disapproval) described in Subsection (i) above with respect to the space plan. All items finally extent they are applicable to the Building) and the Design Development Plans approved by Landlord pursuant to this Paragraph 2(b) Landlord. At such time as the Final Construction Plans are referred to herein collectively as “Tenant’s Plans”. Once completed and approved by Landlord, no changes Landlord and Tenant shall each execute and deliver the Landlord Approval Letter, reciting such approval and definitively identifying the Final Construction Plans so approved, and a copy of such letter shall be made appended to each counterpart of the Lease. The Landlord Approval Letter shall also list any elements of Tenant’s Work that Tenant shall remove at the end of the Lease Term in accordance with Section 5.1.4. of the Lease. After execution of the Landlord Approval Letter, any material changes to Tenant’s Plans without the shall require Landlord’s prior written approval, such approval to follow the procedure outlined in this Section above. Upon issuance of the Landlord Approval Letter, Tenant shall promptly obtain the Building Permit. Any approval granted by Landlord under this Section 2 shall be granted solely for the benefit of Landlord, in Landlordand neither Tenant nor any third party shall have the right to rely upon Xxxxxxxx’s sole discretion.
(iii) Landlord has established a partial list approval of Minimum Building Specifications for Building 2 (the “Minimum Specifications”) which is attached to this Exhibit as Schedule 1, for use in the design and construction any of the Tenant Improvements, provided that Tenant’s Plans for any other purpose whatsoever. Without limiting the Minimum Specifications is not a complete list of products, specifications and finishes to be used in the construction of the Tenant Improvements and accordinglyforegoing, Tenant shall cause to be described in the Working Drawings responsible for all products, specifications and finishes to be used in the construction elements of the Tenant Improvements which are not otherwise listed ondesign of Tenant’s Work (including, or which deviate fromwithout limitation, the Minimum Specificationscompliance of the Tenant’s Work and Tenant’s Plans with Legal Requirements, all functionality of which shall be subject to design, the structural integrity of the design, the configuration of the Premises, the demising of the Premises, and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval in Landlord’s sole discretion. Unless otherwise expressly agreed to by Landlord, the portion of the Tenant’s Plans shall in no event relieve Tenant Improvements pertaining to of the products, specifications and finishes specified in the Minimum Specifications shall comply with the Minimum Specificationsresponsibility therefor.
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Samples: Lease (Athenahealth Inc)
Tenant’s Plans. (i) In connection with the performance of the Second Amendment Work, including without limitation, the installation of all furniture and fixtures, Tenant shall diligently pursue the preparation of all drawings, plans and specifications for Tenant Improvements in accordance with this Paragraph 2(b). All such plans, drawings and specifications shall be performed by an architect and/or engineer (as applicable) reasonably acceptable submit to Landlord and Tenant, and shall include the followingfor Landlord’s approval: (i) a space plan for the Premisesnames of and other reasonably requested information regarding Tenant’s proposed architect, general contractor, and subcontractors; (ii) complete architecturala set of design/development plans sufficient for Landlord to approve Tenant’s proposed design of the Premises (the “Design/Development Plans”), engineering and other plans for the Tenant Improvements; and (iii) a list full set of tenant improvement building standards construction drawings (“Final Construction Drawings”) for interior design, including a schedule (e.g. color palate, material board the Second Amendment Work. The Design/Development Plans and spec sheets) of all interior color and finishes. Items (ii) and (iii) above the Final Construction Drawings are collectively referred to herein as the “Working DrawingsPlans”. The space plan Landlord agrees that it will not unreasonably withhold such approvals, subject to the following: (x) the Design/Design Development Plans and Working Final Construction Drawings shall are consistent with the Scope of Work and comply with all applicable regulations, laws, ordinances, codes and rules. Tenant shall submit its space plan to Landlord, for review and approval in Landlord’s sole discretion. Within ten requirements to avoid aesthetic or other conflicts with the design and function of the balance of the Building and the Property, and (10y) business days after such submissionin the event that any portions of the Second Amendment Work affects the structure, roof, and/or Building systems, Landlord shall either approve or disapprove have the space plan. right to require Tenant shall make any changes necessary in order to correct any item identified engage engineers and subcontractors, as applicable, designated by Landlord as grounds for its disapproval, in designing and shall resubmit performing such portions of the correct space plan to Landlord within ten (10) business days after Landlord’s disapproval. Within ten (10) business days after Landlord received the revised space plan, Landlord shall approve or disapprove it. This procedure shall be repeated until the space plan is finally approved by Landlord and written approval has been delivered to Tenant. If Landlord fails to approve or disapprove any submission within the required time period Landlord shall be deemed to have disapproved such submission. Landlord has approved the space plan for Building 2, a copy of which is attached hereto as Schedule 2 (the “Building 2 Space Plan”), subject to Landlord’s right to review and approve the Working Drawings, interior color and finishes, materials, specifications, and other items pursuant to Paragraph 2(b)(ii) and (iii) below, and further subject to compliance and conformance with the Minimum Specifications (as defined in Paragraph 2(b)(iii) below).
(ii) Within twenty-one (21) days after Landlord has finally approved Tenant’s space plan, Tenant shall submit its Working Drawings and a pallet of interior colors and finishes to Landlord for Landlord’s review and approval, in Landlord’s sole discretionSecond Amendment Work. Landlord’s approval or disapproval is solely given for the benefit of such Working Drawings Landlord and palletTenant under this Section 1, and Tenantneither Tenant nor any third party shall have the right to rely upon Landlord’s response theretoapproval of the Plans for any other purpose whatsoever. Landlord agrees to respond to any request for approval of the Plans on or before the date seven (7) Business Days after Landlord’s receipt thereof, shall follow the procedure (including deemed disapproval) described in Subsection (i) above except that with respect to any resubmission of Plans after the space plan. All items finally approved by Landlord pursuant to this Paragraph 2(b) are referred to herein collectively as “Tenant’s Plans”. Once approved same have been reviewed and commented upon by Landlord, no changes Landlord shall be made respond to Tenant’s Plans without the prior written request for approval of Landlord, in such resubmission on or before the date three (3) Business Days after Landlord’s sole discretion.
(iii) Landlord has established a partial list receipt of Minimum Building Specifications for Building 2 (the “Minimum Specifications”) which is attached to this Exhibit as Schedule 1, for use in the design and construction of the Tenant Improvementssuch resubmission, provided that the Minimum Specifications is not a complete list of products, specifications and finishes to be used in the construction of the Tenant Improvements and accordingly, Tenant shall cause to be described in the Working Drawings all products, specifications and finishes to be used in the construction of the Tenant Improvements which are not otherwise listed on, or which deviate from, the Minimum Specifications, all of which shall be subject to Landlord’s approval in Landlord’s sole discretion. Unless otherwise expressly agreed to by Landlord, the portion of the Tenant Improvements pertaining such resubmission clearly shows any changes to the products, specifications and finishes specified in the Minimum Specifications shall comply with the Minimum Specificationsprevious set of Plans submitted by Tenant to Landlord by either bubbling or redlining.
Appears in 1 contract
Samples: Lease Agreement (Histogenics Corp)
Tenant’s Plans. (i) If Tenant desires to undertake any Major Alterations, Tenant shall diligently pursue submit to Landlord Tenant’s written request for Landlord’s approval (which shall not be unreasonably withheld, conditioned or delayed) of the preparation Material Components of such Major Alteration together with preliminary design drawings and preliminary plans and specifications therefor showing all Material Components (such request, drawings, plans and specifications for Tenant Improvements in accordance with this Paragraph 2(bspecifications, a “Major Alterations Request”). All such plans, drawings and specifications shall be performed by an architect and/or engineer (as applicable) reasonably acceptable If Landlord fails to Landlord and Tenant, and shall include the following: (i) a space plan for the Premises; (ii) complete architectural, engineering and other plans for the Tenant Improvements; and (iii) a list of tenant improvement building standards for interior design, including a schedule (e.g. color palate, material board and spec sheets) of all interior color and finishes. Items (ii) and (iii) above are collectively referred to herein as “Working Drawings”. The space plan and Working Drawings shall comply with all applicable regulations, laws, ordinances, codes and rules. Tenant shall submit its space plan to Landlord, for review and approval in provide Landlord’s sole discretion. Within ten written approval or disapproval (with reasonably detailed comments) to a Major Alterations Request within twenty (20) Business Days after Landlord’s receipt of such Major Alterations Request, Tenant will send a duplicate copy of such Major Alterations Request, which shall specifically state, in at least 12-point bold type and capital letters, that “LANDLORD MUST RESPOND TO THIS REQUEST WITHIN TEN (10) business days after such submission, BUSINESS DAYS OR THIS REQUEST SHALL BE DEEMED APPROVED.” If Landlord shall either approve fails to provide Landlord’s written approval or disapprove the space plan. Tenant shall make any changes necessary in order to correct any item identified by Landlord as grounds for its disapproval, and shall resubmit the correct space plan to Landlord disapproval (with reasonably detailed comments) within ten (10) business Business Days from such second request, such Major Alterations Request shall be deemed approved by Landlord. If Landlord disapproves preliminary design drawings and/or preliminary plans and specifications for any Material Components of any Major Alterations (specifying the reasons for its disapproval with reasonable specificity), Tenant shall revise and resubmit the revised design drawings and/or preliminary plans and specifications to Landlord (with the legend previously described in this Section 11.2) and, if Landlord fails to respond to such re-submitted drawings and/or plans and specifications within ten (10) Business Days after Landlord’s receipt of same, then such re-submitted design drawings and/or plans and specifications shall be deemed approved by Landlord. Consent or approval by Landlord shall not constitute a representation, warranty or other assurance that any design drawings, plans or specifications comply with Legal Requirements or Insurance Requirements are otherwise sufficient. For the avoidance of doubt, in the event Landlord consents to or approves (or is deemed to consent or approve pursuant to this Section 11.2) preliminary design drawings and/or preliminary plans and specifications for a Material Component of any Major Alteration and, subsequent to such consent or approval, there is a material change to the preliminary design drawings and preliminary plans and specifications for such Material Components of such Major Alteration, then Tenant shall submit to Landlord an updated Major Alterations Request (with the legend previously described in this Section 11.2 with twenty (20) days), which shall be approved or disapproved by Landlord within twenty (20) days after Landlord’s disapprovalreceipt of same, and, if Landlord fails to respond to such updated Major Alterations Request within twenty (20) days after Landlord’s receipt of same, then such updated Major Alterations Request shall be deemed approved by Landlord. Within Tenant covenants, represents and warrants to Landlord that the final design drawings and plans and specifications for such Material Components of such Major Alteration shall be consistent in all material respects with the preliminary design drawings and preliminary plans and specifications for such Material Components of such Major Alteration approved by Landlord, and such Material Components of such Major Alterations shall conform in all material respects to such final design drawings and plans and specifications. Tenant further covenants, represents and warrants to Landlord that the final design drawings and plans and specifications for, and completion of, the Major Alteration shall comply with all Legal Requirements and Insurance Requirements. Without limiting the foregoing, prior to commencing any Alteration, Tenant shall obtain (i) all permits, authorizations and approvals with respect thereto from all Governmental Authorities having the requisite jurisdiction (to the extent required by applicable Legal Requirements) and (ii) the approval thereof of each Leasehold Mortgagee whose Leasehold Mortgage requires such approval. Any dispute as to the reasonableness of any disapproval of Material Components of any Major Alterations (or the design drawings therefor) shall be resolved through arbitration conducted in accordance with the provisions of Section 33.2; provided, however, that Tenant and Landlord shall work together in good faith to resolve any disputes regarding a Material Components of any Major Alteration for fifteen (15) Business Days prior to resolving such dispute through arbitration. Tenant agrees to reimburse Landlord for its reasonable out of pocket costs incurred in review of such Material Components of any Major Alterations; provided that such costs shall not exceed Twenty-Five Thousand Dollars ($25,000.00) (Adjusted By CPI every ten (10) business days after Landlord received the revised space plan, Landlord shall approve or disapprove it. This procedure shall be repeated until the space plan is finally approved by Landlord and written approval has been delivered to Tenant. If Landlord fails to approve or disapprove any submission within the required time period Landlord shall be deemed to have disapproved such submission. Landlord has approved the space plan for Building 2, a copy of which is attached hereto as Schedule 2 (the “Building 2 Space Plan”), subject to Landlord’s right to review and approve the Working Drawings, interior color and finishes, materials, specifications, and other items pursuant to Paragraph 2(b)(iiLease Years) and (iii) below, and further subject to compliance and conformance with the Minimum Specifications (as defined in Paragraph 2(b)(iii) below).
(ii) Within twenty-one (21) days after Landlord has finally approved Tenant’s space plan, Tenant shall submit its Working Drawings and a pallet of interior colors and finishes to Landlord for Landlord’s review and approval, in Landlord’s sole discretion. Landlord’s approval or disapproval of such Working Drawings and pallet, and Tenant’s response thereto, shall follow the procedure (including deemed disapproval) described in Subsection (i) above with respect to the space plan. All items finally approved by Landlord pursuant to this Paragraph 2(b) are referred to herein collectively as “Tenant’s Plans”. Once approved by Landlord, no changes shall be made to Tenant’s Plans without the prior written approval of Landlord, in Landlord’s sole discretionany Major Alteration.
(iii) Landlord has established a partial list of Minimum Building Specifications for Building 2 (the “Minimum Specifications”) which is attached to this Exhibit as Schedule 1, for use in the design and construction of the Tenant Improvements, provided that the Minimum Specifications is not a complete list of products, specifications and finishes to be used in the construction of the Tenant Improvements and accordingly, Tenant shall cause to be described in the Working Drawings all products, specifications and finishes to be used in the construction of the Tenant Improvements which are not otherwise listed on, or which deviate from, the Minimum Specifications, all of which shall be subject to Landlord’s approval in Landlord’s sole discretion. Unless otherwise expressly agreed to by Landlord, the portion of the Tenant Improvements pertaining to the products, specifications and finishes specified in the Minimum Specifications shall comply with the Minimum Specifications.
Appears in 1 contract
Tenant’s Plans. (i) Tenant shall diligently pursue may currently be preparing or in the preparation of all drawingsfuture may prepare, at its sole cost and expense, plans and specifications for non-structural improvements Tenant Improvements desires to make in accordance connection with this Paragraph 2(bTenant’s occupancy of the Premises (the “Tenant’s Plans”). All such plansWhen completed, drawings and specifications Tenant’s Plans shall be performed by an architect and/or engineer (as applicable) reasonably acceptable submitted to Landlord for its approval. Under no circumstances shall any proposed plans be approved that involve any structural alterations to the building. At the Tenant’s sole cost and expense, the Tenant shall cause the Tenant’s Plans to be revised in a manner sufficient to remedy the Landlord’s reasonable objections and/or respond to the Landlord’s reasonable concerns and for such revised plans to be redelivered to the Landlord, and shall include the following: (i) a space plan for the Premises; (ii) complete architectural, engineering and other plans for the Tenant Improvements; and (iii) a list of tenant improvement building standards for interior design, including a schedule (e.g. color palate, material board and spec sheets) of all interior color and finishes. Items (ii) and (iii) above are collectively referred to herein as “Working Drawings”. The space plan and Working Drawings shall comply with all applicable regulations, laws, ordinances, codes and rules. Tenant shall submit its space plan to Landlord, for review and approval in Landlord’s sole discretion. Within ten (10) business days after such submission, Landlord shall either approve or disapprove the space planTenant’s revised plans within five (5) business days following the date of submission. If the Landlord shall again disapprove Tenant’s Plans, the Tenant shall make any changes necessary in order revise such plans and redeliver them to correct any item identified the Landlord pursuant to the prior two sentences until the Tenant’s Plans have been approved by Landlord as grounds for its disapprovalthe Landlord. The Tenant’s Plans shall be stamped by a Massachusetts-registered architect and engineer, such architect and engineer being subject to the Landlord’s reasonable approval, which shall not be unreasonably withheld or delayed, and shall resubmit comply with all applicable laws, ordinances and regulations (including, without limitation, the correct space plan to Landlord within ten (10applicable requirements of the Americans with Disabilities Act of 1990, and the regulations promulgated thereunder) business days after Landlord’s disapproval. Within ten (10) business days after Landlord received the revised space plan, Landlord shall approve or disapprove it. This procedure and shall be repeated until in a form satisfactory to appropriate governmental authorities responsible for issuing permits, approvals and licenses required for construction. The Landlord will not approve any alterations or additions requiring unusual expense to readapt the space plan is finally approved by Premises to normal office, research and development or laboratory use on termination of this Lease or increasing the cost of insurance on the Building, unless the Tenant first gives assurances acceptable to the Landlord for payment of such increased cost and written that such re-adaptation will be made prior to such termination without expense to the Landlord. The approval has been delivered alone of any Tenant’s Plans shall not impose upon the Landlord any responsibility or liability whatsoever to the Tenant. If Landlord fails to approve or disapprove any submission within In connection with its approval of the required time period Landlord shall be deemed to have disapproved such submission. Landlord has approved the space plan for Building 2, a copy of which is attached hereto as Schedule 2 (the “Building 2 Space Plan”), subject to Landlord’s right to review and approve the Working Drawings, interior color and finishes, materials, specifications, and other items pursuant to Paragraph 2(b)(ii) and (iii) below, and further subject to compliance and conformance with the Minimum Specifications (as defined in Paragraph 2(b)(iii) below).
(ii) Within twenty-one (21) days after Landlord has finally approved Tenant’s space plan, Tenant shall submit its Working Drawings and a pallet of interior colors and finishes to Landlord for Landlord’s review and approval, in Landlord’s sole discretion. Landlord’s approval or disapproval of such Working Drawings and pallet, and Tenant’s response thereto, shall follow the procedure (including deemed disapproval) described in Subsection (i) above with respect to the space plan. All items finally approved by Landlord pursuant to this Paragraph 2(b) are referred to herein collectively as “Tenant’s Plans”. Once approved by Landlord, no changes shall be made Landlord reserves the right to require Tenant, at Tenant’s Plans without expense, to restore the prior written approval Premises to its original condition and configuration and shall specify in writing those portions of Landlord, in LandlordTenant’s sole discretion.
(iii) Landlord has established a partial list of Minimum Building Specifications for Building 2 (work which must be removed at the “Minimum Specifications”) which is attached to this Exhibit as Schedule 1, for use in the design and construction expiration of the Tenant Improvements, provided that the Minimum Specifications is not a complete list Term of products, specifications this Lease as part of Tenant’s surrender and finishes to be used in the construction yield-up of the Tenant Improvements and accordingly, Tenant shall cause to be described in the Working Drawings all products, specifications and finishes to be used in the construction of the Tenant Improvements which are not otherwise listed on, or which deviate from, the Minimum Specifications, all of which shall be subject to Landlord’s approval in Landlord’s sole discretion. Unless otherwise expressly agreed to by Landlord, the portion of the Tenant Improvements pertaining to the products, specifications and finishes specified in the Minimum Specifications shall comply with the Minimum SpecificationsPremises.
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Samples: Assignment and Assumption of Lease Agreement (Tangoe Inc)
Tenant’s Plans. (a) Landlord agrees to cooperate to the fullest extent possible with Tenant's architect and engineers. Tenant, has stipulated that as of the Lease execution it has no changes to the Base Building that are time sensitive items or relates to the delivery of the Building except those changes identified in paragraphs 21, 22 and 23 of Exhibit D. Tenant agrees to complete and deliver to Landlord no later than the Engineering Plan Delivery Date all drawings and information pertinent to Tenant's special systems and conditions, such as additional structural loads, slab penetrations and depressions, increased transformer loads, increased chiller capacity, additional shafts, chases, exhausts, and bus ducts as well as any long lead items, including, but not limited to, generators and HVAC equipment. Further, Tenant agrees to complete and deliver to Landlord no later than the Tenant Plan Delivery Date a detailed floor plan layout together with working drawings and written instructions (herein called "Tenant's Plans") prepared in accordance with and containing at least the information detailed in Exhibit D and reflecting the partitions and improvements desired by Tenant in the Premises; Tenant's Plans shall be adequate to apply for and subsequently receive Tenant's building permit. It is Tenant's responsibility, and Tenant so agrees, diligently to pursue the building permits for Tenant's Work.
(b) Within five (5) business days of the receipt of Tenant's Plans, Landlord shall furnish to Tenant in writing either Landlord's approval or Landlord's detailed objections to Tenant's Plans. Landlord and Tenant shall work diligently to resolve any of Landlord's objections. Within fifteen (15) business days of the receipt of Tenant's Plans (revised if necessary to address Landlord's objections), Landlord shall furnish to Tenant in writing a time schedule for the completion of the work shown on Tenant's Plans and a statement of all costs of construction work and material necessary to complete the Premises in accordance with Tenant's Plans. Landlord agrees to price the work required to complete Tenant's Plans in accordance with the procedure set out in Exhibit E. The extent by which such costs exceed the Tenant Allowance (as described in Section 1.5), such excess cost are herein referred to as "Tenant Plan Excess Costs." Tenant shall notify Landlord in writing, within five (5) business days of receipt by Tenant of Tenant Plan Excess Costs, of either its approval thereof and its authorization to Landlord to proceed with construction in accordance with Tenant's Plans or any changes in Tenant's Plans. In the event of the latter modification, Landlord shall, within five (5) business days of receipt of said changes in Tenant's Plans quote to Tenant all changes in Tenant Plan Excess Costs resulting from said plan, modifications. Tenant shall, on or before the 30th day following the original receipt by Tenant of Tenant Plan Excess Costs, give authorization to Landlord to proceed with the construction in accordance with Tenant's Plans as modified. Tenant shall reimburse Landlord, as Additional Rent, for Tenant Plan Excess Costs as follows: During the construction work, Landlord may, on or about the first day of each month, deliver to Tenant a statement showing that proportion of Tenant Plan Excess Costs allocable to the previous month's work. Tenant shall pay to Landlord as Additional Rent the amount specified in each such statement within thirty (30) days after receipt of such statement. Whenever under the terms of this Lease Landlord is to provide cost figures to Tenant for Tenant's Work, Tenant may obtain quotations for such work provided Tenant does so in a timely manner and does not delay Landlord; in such event, Tenant may direct Landlord to utilize Tenant's selected suppliers or subcontractors provided that the use of such suppliers or subcontractors does not (i) Tenant shall diligently pursue the preparation of all drawings, plans delay Landlord's ability to complete Tenant's Work and specifications for Tenant Improvements in accordance with this Paragraph 2(b). All such plans, drawings and specifications shall be performed by an architect and/or engineer (as applicable) reasonably acceptable to Landlord and Tenant, and shall include the following: (i) a space plan for the Premises; (ii) complete architecturaldoes not have a material affect on the quality of Tenant's Work. In the event Tenant elects to purchase any equipment which is included in Tenant's work, engineering then the following shall apply: (x) Landlord will be entitled to charge Tenant for overhead and other plans for profit on the Tenant Improvementscost of the equipment; the applicable overhead and profit percentage will be 5/5 unless the special provisions of Exhibit D apply; and (iiiy) a list of tenant improvement building standards for interior design, including a schedule (e.g. color palate, material board and spec sheets) of all interior color and finishes. Items (ii) and (iii) above are collectively referred to herein as “Working Drawings”. The space plan and Working Drawings shall comply with all applicable regulations, laws, ordinances, codes and rules. if the purchase by Tenant shall submit its space plan to delays Landlord, for review and approval in Landlord’s sole discretion. Within ten (10) business days after such submission, Landlord shall either approve or disapprove the space plan. Tenant shall make any changes necessary in order to correct any item identified by Landlord as grounds for its disapproval, and shall resubmit the correct space plan to Landlord within ten (10) business days after Landlord’s disapproval. Within ten (10) business days after Landlord received the revised space plan, Landlord shall approve or disapprove it. This procedure shall be repeated until the space plan is finally approved by Landlord and written approval has been delivered to Tenant. If Landlord fails to approve or disapprove any submission within the required time period Landlord shall be deemed to have disapproved such submission. Landlord has approved the space plan for Building 2, a copy of which is attached hereto as Schedule 2 (the “Building 2 Space Plan”), subject to Landlord’s right to review and approve the Working Drawings, interior color and finishes, materials, specifications, and other items pursuant to Paragraph 2(b)(ii) and (iii) below, and further subject to compliance and conformance with the Minimum Specifications (as defined in Paragraph 2(b)(iii) below).
(ii) Within twenty-one (21) days after Landlord has finally approved Tenant’s space plan, Tenant shall submit its Working Drawings and a pallet of interior colors and finishes to Landlord for Landlord’s review and approval, in Landlord’s sole discretion. Landlord’s approval or disapproval of such Working Drawings and pallet, and Tenant’s response thereto, shall follow the procedure (including deemed disapproval) described in Subsection (i) above with respect to the space plan. All items finally approved by Landlord pursuant to this Paragraph 2(b) are referred to herein collectively as “Tenant’s Plans”. Once approved by Landlord, no changes shall be made to Tenant’s Plans without the prior written approval of Landlord, in Landlord’s sole discretion.
(iii) Landlord has established a partial list of Minimum Building Specifications for Building 2 (the “Minimum Specifications”) which is attached to this Exhibit as Schedule 1, for use in the design and construction 's substantial completion of the Tenant Improvements, provided that the Minimum Specifications is not a complete list of products, specifications and finishes to be used in the construction of the Tenant Improvements and accordingly, Tenant shall cause to be described in the Working Drawings all products, specifications and finishes to be used in the construction of the Tenant Improvements which are not otherwise listed on, or which deviate fromPremises, the Minimum Specifications, all penalty provisions of which Section 1.2 (d) shall be subject to Landlord’s approval in Landlord’s sole discretion. Unless otherwise expressly agreed to by Landlord, the portion of the Tenant Improvements pertaining to the products, specifications and finishes specified in the Minimum Specifications shall comply with the Minimum Specificationsapply.
Appears in 1 contract
Samples: Standard Office Lease Agreement (Net2000 Communications Inc)
Tenant’s Plans. (i) Tenant shall diligently pursue the preparation of all drawings, plans and specifications for Tenant Improvements in accordance with this Paragraph 2(b). All such plans, drawings and specifications shall be performed by an architect and/or engineer (as applicable) reasonably If Tenant's Preliminary Plans are not acceptable to Landlord and Tenant, and shall include the following: (i) a space plan for the Premises; (ii) complete architectural, engineering and other plans for the Tenant Improvements; and (iii) a list of tenant improvement building standards for interior design, including a schedule (e.g. color palate, material board and spec sheets) of all interior color and finishes. Items (ii) and (iii) above are collectively referred to herein as “Working Drawings”. The space plan and Working Drawings shall comply with all applicable regulations, laws, ordinances, codes and rules. Tenant shall submit its space plan to Landlord, for review and approval Landlord will so notify Tenant in Landlord’s sole discretion. Within ten writing with required changes noted within five (105) business days after such submissionof receipt of Preliminary Plans by Landlord. If Landlord so notifies Tenant of any required change to the Preliminary Plans, Landlord shall either approve or disapprove Tenant will cause the space plan. Tenant shall make any changes necessary in order same to correct any item identified by Landlord as grounds for its disapproval, be revised and shall resubmit the correct space plan resubmitted to Landlord within ten (10) business 7 days after receipt of such notice. As soon as reasonably possible after Landlord notifies Tenant of Landlord’s disapproval's approval of the Preliminary Plans, Tenant, at its expense, will cause the Construction Documents to be prepared and submitted to Landlord for its approval. Within ten The Construction Documents must strictly conform to the Preliminary Plans approved by Landlord and must be in all respects sufficient for the purpose of obtaining a building permit for Tenant Improvements. If required by Landlord, Tenant will cause the Construction Documents to be resubmitted to Landlord for its approval within seven (107) days after Landlord notifies Tenant of any required changes. Tenant Improvements will not commence prior to Landlord's approval of the Construction Documents. If Landlord fails to deliver to Tenant Landlord's written approval or its written request for revisions within five (5) business days after Landlord received receives any submittal by Tenant of Preliminary Plans, Construction Documents or any required revisions to them, Tenant will receive a credit against Base Rent beginning on the revised space plan, Landlord shall approve or disapprove it. This procedure shall be repeated Commencement Date equal to one day's Base Rent for each day subsequent to the 5th business day after Tenant's submittal until the space plan is finally approved by Landlord and written approval has been delivered to Tenantday of Landlord's response. If Landlord fails to approve or disapprove any submission within the required time period Landlord shall be deemed to have disapproved such submission. Landlord has approved the space plan for Building 2, a copy of which is attached hereto Except as Schedule 2 (the “Building 2 Space Plan”), subject to Landlord’s right to review and approve the Working Drawings, interior color and finishes, materials, specifications, and other items pursuant to Paragraph 2(b)(ii) and (iii) below, and further subject to compliance and conformance with the Minimum Specifications (as defined provided in Paragraph 2(b)(iii) below).
(ii) Within twenty-one (21) days after Landlord has finally approved Tenant’s space plan, Tenant shall submit its Working Drawings and a pallet 2 of interior colors and finishes to Landlord for Landlord’s review and approval, in Landlord’s sole discretion. Landlord’s approval or disapproval of such Working Drawings and pallet, and Tenant’s response thereto, shall follow the procedure (including deemed disapproval) described in Subsection (i) above with respect to the space plan. All items finally approved by Landlord pursuant to this Paragraph 2(b) are referred to herein collectively as “Tenant’s Plans”. Once approved by LandlordWork Letter, no changes shall be made to Tenant’s Plans without the prior written approval of Landlord, in Landlord’s sole discretion.
(iii) Landlord has established a partial list of Minimum Building Specifications for Building 2 (the “Minimum Specifications”) which is attached to this Exhibit as Schedule 1, for use delays in the design and construction or performance of Tenant Improvements will change the Start Date or the Commencement Date. Upon completion of Tenant Improvements, provided that the Minimum Specifications is not Tenant will provide Landlord a complete list set of productsreproducible as-built plans of the Premises. If Tenant fails to provide such plans, specifications Landlord may obtain them, directly or by field verification, and finishes charge Tenant for all costs incurred by Landlord in doing so. No approval by Landlord of the Preliminary Plans, the Construction Documents or any revisions to them will constitute a representation or warranty by Landlord as to the adequacy or sufficiency of such plans, or the improvements to which they relate, for any use, purpose or condition, but such approval will merely be used the consent of Landlord to the construction or installation of improvements in the construction of the Tenant Improvements and accordingly, Tenant shall cause Premises according to be described in the Working Drawings all products, specifications and finishes to be used in the construction of the Tenant Improvements which are not otherwise listed on, or which deviate from, the Minimum Specifications, all of which shall be subject to Landlord’s approval in Landlord’s sole discretion. Unless otherwise expressly agreed to by Landlord, the portion of the Tenant Improvements pertaining to the products, specifications and finishes specified in the Minimum Specifications shall comply with the Minimum Specificationssuch plans.
Appears in 1 contract
Tenant’s Plans. (i) Tenant As used herein, the term "Tenant's Plans" shall diligently pursue the preparation of all drawings, mean full and detailed architectural and engineering plans and specifications for all improvements to the Premises necessary to operate the Premises for the purpose permitted under the Lease (other than any improvements to be constructed as part of the Landlord's Work), as approved by Landlord under this Section 3(b), together with any changes thereto approved by Landlord under Section 3(d) below. The Tenant's Plans shall include, without limitation, architectural, mechanical, HVAC, electrical and plumbing working drawings for the Premises. Tenant Improvements in accordance shall cause the Tenant's Plans to be consistent with this Paragraph 2(band conform to the Preliminary Plans and the Final Plans so as to integrate the Tenant's Work (and the design thereof) into and with the Building (including, without limitation, with respect to the structural elements of the Building and its HVAC, utility and mechanical systems). All such plansWithout limiting the generality of the immediately preceding sentence, drawings Tenant shall design the Tenant's Work so that the kitchen equipment to be installed in the Premises as part of the Tenant's Work and specifications the air circulation and ventilation system described in and contemplated by Article 34 of the Lease (and to be constructed as part of the Tenant's Work) shall be performed connected by an architect and/or engineer Tenant's Contractors to the two (2) kitchen exhaust ducts (the "Kitchen Ducts") located or to be located in the Building's mechanical shaft, all as applicableshown in the Preliminary Plans (and to be shown in the Final Plans) reasonably acceptable and constructed or to be constructed as part of the Building. Subject to Section 36.13 of the Lease, Tenant may use one Kitchen Duct to accommodate Tenant's kitchen 83 equipment, and Tenant may use one Kitchen Duct to accommodate such air circulation and ventilation system. The Tenant's Plans shall be subject to the approval of Landlord and all applicable local governmental authorities. The draft of the Tenant's Plans submitted to Landlord and Tenant, and shall include the followingpursuant to Section 3(a) above shall: (i) a space plan for be prepared by Tenant's architects and consultants, after such parties have exercised due diligence in connection with the Premises; preparation of the Tenant's Plans (including, without limitation, familiarizing themselves with the Preliminary Plans and the applicable provisions of the City of Chicago building code), and (ii) complete architecturalto the best knowledge, engineering information and other plans for the Tenant Improvements; belief of Tenant's architects and consultants (iii) a list of tenant improvement building standards for interior designafter exercising such due diligence), including a schedule (e.g. color palate, material board and spec sheets) of all interior color and finishes. Items (ii) and (iii) above are collectively referred to herein as “Working Drawings”. The space plan and Working Drawings shall comply with all applicable regulationslaws, lawscodes, ordinances, codes rules, regulations and rulesrequirements of the City of Chicago necessary to obtain a building permit for the Tenant's Work. Tenant shall submit its space plan to Landlord, for review and approval in Landlord’s sole discretion. Within ten (10) business days after such submission, Landlord shall either approve give its approval or disapprove disapproval of the space plan. Tenant shall make any changes necessary in order to correct any item identified by Landlord as grounds for its disapproval, and shall resubmit the correct space plan to Landlord Tenant's Plans within ten (10) business days after receipt thereof by Landlord’s disapproval, and if Landlord disapproves the Tenant's Plans (or any revisions thereto), Landlord shall provide a reasonably detailed explanation of the reasons for its disapproval and suggested changes to be made in order to obtain Landlord's approval. Within Landlord agrees not to unreasonably withhold its approval of the Tenant's Plans; provided, however, that Landlord shall not be deemed to have acted unreasonably if it withholds its approval because, in Landlord's opinion: (i) the Tenant's Work is likely to affect adversely the structure or HVAC, utility or mechanical systems of the Project or the safety of the Project and its occupants; (ii) the Tenant's Work would materially increase the cost of operating the Project or any component part thereof; (iii) the Tenant's Work would violate any laws, codes, ordinances or governmental rules or regulations; (iv) the Tenant's Work would violate any covenants, conditions or restrictions of record (including, without limitation, the Easement Agreement, the Original Operating Agreement or the Amended Operating Agreement, as any of the foregoing may be amended and/or amended and restated from time to time); (v) the Tenant's Work contains or uses hazardous or toxic materials; or (vi) the Tenant's Work would adversely affect the appearance of the Project or the Landlord's Property. The foregoing reasons, however, shall not be exclusive of the reasons for which Landlord may withhold consent, whether or not such other reasons are similar to or dissimilar from the foregoing. In order to expedite preparation of the final Tenant's Plans and the approval process, Tenant shall deliver to Landlord space plans, schematic drawings, design development documents, and preliminary plans and specifications for the Tenant's Work as such materials are prepared, and Landlord shall cooperate with Tenant by discussing or reviewing such materials with Tenant, at Tenant's request, prior to completion of the full, final detailed Tenant's Plans. If Landlord notifies Tenant that changes are required to the Tenant's Plans submitted by Tenant, Tenant shall, within ten (10) business days after Landlord received thereafter, submit to Landlord, for its approval, the revised space planTenant's Plans as amended in accordance with the changes so required. The Tenant's Plans shall also be revised, Landlord shall approve or disapprove it. This procedure and the Tenant's Work shall be repeated until changed, to incorporate any work required in the space plan is finally approved Premises by Landlord any local governmental field inspector. Landlord's approval of the Tenant's Plans shall not relieve Tenant from its obligations under the Lease or this Workletter, and written approval has been delivered to Tenant. If Landlord fails to approve or disapprove any submission within the required time period Landlord shall not be deemed to have disapproved such submission. Landlord has approved the space plan for Building 2, a copy be acceptance or approval of any element therein contained which is attached hereto as Schedule 2 (in violation of this Workletter, the “Building 2 Space Plan”Lease or any applicable laws, codes, ordinances, or governmental rules, regulations or requirements. Without limiting or modifying any of the terms set forth above in this Section 3(b), subject to Landlord’s right to review Landlord and approve the Working Drawings, interior color and finishes, materials, specifications, and other items pursuant to Paragraph 2(b)(ii) and (iii) below, and further subject to compliance and conformance with the Minimum Specifications (as defined in Paragraph 2(b)(iii) below).
(ii) Within twenty-one (21) days after Landlord has finally approved Tenant’s space plan, Tenant shall submit its Working Drawings cooperate with each other and a pallet of interior colors and finishes to Landlord for Landlord’s review and approvalact in good faith in finalizing the Tenant's Plans (including, without limitation, in Landlord’s sole discretion. Landlord’s approval or disapproval of such Working Drawings preparing, revising, reviewing and pallet, approving the Tenant's Plans and Tenant’s response any revisions thereto, shall follow ) as soon as practicable after the procedure (including deemed disapproval) described in Subsection (i) above with respect to the space plan. All items finally approved by Landlord pursuant to this Paragraph 2(b) are referred to herein collectively as “Tenant’s Plans”. Once approved by Landlord, no changes shall be made to Tenant’s Plans without the prior written approval of Landlord, in Landlord’s sole discretiondate hereof.
(iii) Landlord has established a partial list of Minimum Building Specifications for Building 2 (the “Minimum Specifications”) which is attached to this Exhibit as Schedule 1, for use in the design and construction of the Tenant Improvements, provided that the Minimum Specifications is not a complete list of products, specifications and finishes to be used in the construction of the Tenant Improvements and accordingly, Tenant shall cause to be described in the Working Drawings all products, specifications and finishes to be used in the construction of the Tenant Improvements which are not otherwise listed on, or which deviate from, the Minimum Specifications, all of which shall be subject to Landlord’s approval in Landlord’s sole discretion. Unless otherwise expressly agreed to by Landlord, the portion of the Tenant Improvements pertaining to the products, specifications and finishes specified in the Minimum Specifications shall comply with the Minimum Specifications.
Appears in 1 contract
Samples: Lease (Woodroast Systems Inc)
Tenant’s Plans. 1. Landlord, through Xxxxxxxx-Xxxxxxx (ithe “Architect”) Tenant shall diligently pursue and Xxxxxx & Partners Engineers (the preparation of all drawings“Engineer”), has caused complete plans and specifications for Tenant Improvements in accordance with this Paragraph 2(b). All such plans, drawings and specifications shall be performed by an architect and/or engineer (as applicable) reasonably acceptable to Landlord and Tenant, and shall include the following: (i) a space plan for the Premises; (ii) complete architectural, engineering and other plans for the Tenant Improvements; and (iii) a list of tenant improvement building standards for interior design, including a schedule (e.g. color palate, material board and spec sheets) of all interior color and finishes. Items (ii) and (iii) above are collectively referred to herein as “Working Drawings”. The space plan and Working Drawings shall comply with all applicable regulations, laws, ordinances, codes and rules. Tenant shall submit its space plan to Landlord, for review and approval in Landlord’s sole discretion. Within ten (10) business days after such submission, Landlord shall either approve or disapprove the space plan. Tenant shall make any changes necessary in order to correct any item identified by Landlord as grounds for its disapproval, and shall resubmit the correct space plan to Landlord within ten (10) business days after Landlord’s disapproval. Within ten (10) business days after Landlord received the revised space plan, Landlord shall approve or disapprove it. This procedure shall be repeated until the space plan is finally approved by Landlord and written approval has been delivered to Tenant. If Landlord fails to approve or disapprove any submission within the required time period Landlord shall be deemed to have disapproved such submission. Landlord has approved the space plan for Building 2, a copy of which is attached hereto as Schedule 2 (the “Building 2 Space Plan”), subject to Landlord’s right to review and approve the Working Drawings, interior color and finishes, materials, specifications, and other items pursuant to Paragraph 2(b)(ii) and (iii) below, and further subject to compliance and conformance with the Minimum Specifications (as defined in Paragraph 2(b)(iii) below).
(ii) Within twenty-one (21) days after Landlord has finally approved Tenant’s space plan, Tenant shall submit its Working Drawings and a pallet of interior colors and finishes to Landlord for Landlord’s review and approval, in Landlord’s sole discretion. Landlord’s approval or disapproval of such Working Drawings and pallet, and Tenant’s response thereto, shall follow the procedure (including deemed disapproval) described in Subsection (i) above with respect to the space plan. All items finally approved by Landlord pursuant to this Paragraph 2(b) are referred to herein collectively as “Tenant’s Plans”) for Work to be prepared, such Tenant’s Plans being identified on Exhibit “B-2” attached hereto and made a part hereof and being initialed or signed by Landlord and Tenant.
2. Once approved Landlord and Tenant hereby agree that time is of the essence, and the following procedure and schedule shall be adhered to with respect to the construction of Work:
(a) Upon receipt of a permit from the local jurisdiction, construction shall be commenced and diligently pursued to completion in accordance with Landlord’s construction schedule. Upon prior written notice to Tenant, Landlord reserves the right to make reasonable substitutions of equal or better quality and value for materials identified in Tenant’s Plans in the event of unavailability of materials or altered field conditions;
(b) Landlord shall give Tenant not less than five (5) business days prior written notice of its anticipated date of Substantial Completion as hereinafter defined;
(c) Items shown on a punch list to be prepared by Tenant, Architect and Engineer at Substantial Completion will then promptly be completed by Landlord, no changes and Landlord shall be made thereafter obtain a Temporary Certificate of Occupancy, if necessary, and a permanent Certificate of Occupancy for the Premises, if required, as promptly as possible and at Landlord’s expense; and
3. [Intentionally omitted.]
4. Tenant agrees that it shall look solely to Architect and Engineer with respect to the adequacy, correctness or sufficiency of Tenant’s Plans or compliance thereof with any applicable laws, codes, regulations or ordinances of any applicable governmental authority, or otherwise, and that Landlord’s review or approval of Tenant’s Plans shall not constitute a representation, guaranty or warranty with respect to Tenant’s Plans without Plans. In the prior written approval event that a claim may be made against Architect and/or Engineer with respect to Tenant’s Plan, and Tenant desires to pursue such claim, Landlord shall either (i) use commercially reasonable efforts to pursue such claim against Architect and/or Engineer on behalf of Tenant and Landlord, in or (ii) assign to Tenant the right to pursue such claim.
5. Tenant’s Plans shall be filed by Landlord’s sole discretioncontractor as shall be required by law and approved by all governmental authorities having jurisdiction thereof. Any and all permits which may be required shall be procured by Landlord’s contractor and paid by Landlord. Tenant and Tenant’s architect and designers, if any, shall cooperate with Landlord in obtaining any such approvals and permits without delay.
(iii) Landlord has established a partial list of Minimum Building Specifications for Building 2 (the “Minimum Specifications”) which is attached to this Exhibit as Schedule 16. Any changes required by any governmental authority, for use in the design and construction of the Tenant Improvements, provided that the Minimum Specifications is not a complete list of products, specifications and finishes to be used in agency or department affecting the construction of the Tenant Improvements and accordingly, Tenant shall cause any Work or any Additional Work to be described in the Working Drawings all products, specifications and finishes performed therein shall not be deemed to be used in the construction a violation of the Tenant Improvements which are Tenant’s Plans or any provision of this Agreement, and shall not otherwise listed on, or which deviate from, the Minimum Specifications, all of which shall be subject to Landlord’s approval in Landlord’s sole discretion. Unless otherwise expressly agreed objected to by Landlord, the portion of the Tenant Improvements pertaining to the products, specifications and finishes specified in the Minimum Specifications shall comply with the Minimum SpecificationsTenant.
Appears in 1 contract
Tenant’s Plans. (i) Tenant shall diligently pursue have prepared, not later than the preparation times set forth in Paragraph C of all drawingsExhibit “E” hereto, and shall deliver to Landlord for its approval (which shall not be unreasonably withheld) one mylar and two blackline prints of the complete and final descriptive information and drawings described in Paragraph C of Exhibit “E” hereto and three (3) copies of the specifications, prepared by such space planner (“Tenant’s Layout Plans”) for the construction and finishing of the Building for Tenant’s occupancy. Tenant’s plans shall be signed and sealed by an architect licensed by and registered in the Commonwealth of Pennsylvania. Tenant’s Layout Plans shall conform to the plans and specifications for heretofore submitted by Landlord to Tenant Improvements in accordance with this Paragraph 2(b). All such plansand applicable laws and requirements of public authorities and shall designate, drawings among other things, the locations of and specifications for all plumbing, electrical and mechanical equipment to be installed in the Building, all partitions, doors, lighting fixtures, electric receptacles and switches, telephone outlets and special air conditioning, floor coverings and other improvements to be installed by Landlord. Tenant’s Layout Plans shall be performed by an architect and/or engineer (as applicable) reasonably acceptable to Landlord and Tenant, and shall include the following: (i) a space plan for the Premises; (ii) complete architectural, engineering and other plans for the Tenant Improvements; and (iii) a list of tenant improvement building standards for interior design, including a schedule (e.g. color palate, material board and spec sheets) of all interior color and finishes. Items (ii) and (iii) above are collectively referred to herein as “Working Drawings”. The space plan and Working Drawings shall comply with all applicable regulations, laws, ordinances, codes and rules. Tenant shall submit its space plan to Landlord, for review and approval in Landlord’s sole discretion. Within ten (10) business days after such submission, Landlord shall either approve or disapprove the space plan. Tenant shall make any changes necessary in order to correct any item identified by Landlord as grounds for its disapproval, and shall resubmit the correct space plan to Landlord within ten (10) business days after Landlord’s disapproval. Within ten (10) business days after Landlord received the revised space plan, Landlord shall approve or disapprove it. This procedure shall be repeated until the space plan is finally approved by Landlord and written approval has been delivered to Tenant. If Landlord fails to approve or disapprove any submission within the required time period Landlord shall be deemed to have disapproved such submission. Landlord has approved the space plan for Building 2, a copy of which is attached hereto as Schedule 2 (the “Building 2 Space Plan”), subject to Landlord’s right to review and approve the Working Drawings, interior color and finishes, materials, specifications, and other items pursuant to Paragraph 2(b)(ii) and (iii) below, and further subject to compliance and conformance with the Minimum Specifications (as defined in Paragraph 2(b)(iii) below).
(ii) Within twenty-one (21) days after Landlord has finally approved Tenant’s space plan, Tenant shall submit its Working Drawings and a pallet of interior colors and finishes to Landlord for Landlord’s review and approval, in Landlord’s sole discretion. Landlord’s which approval or disapproval of such Working Drawings and palletshall not be unreasonably withheld, and shall be deemed modified to take account of any changes reasonably required by Landlord. The Landlord shall advise Tenant within five (5) business days of its receipt of Tenant’s response thereto, shall follow the procedure (including deemed disapproval) described in Subsection (i) above Layout Plans as to whether they are acceptable to Landlord. Concurrently with respect to the space plan. All items finally approved by Landlord pursuant to this Paragraph 2(b) are referred to herein collectively as “delivery of Tenant’s Plans”. Once approved by Layout Plans to Landlord, no changes shall be made to Tenant’s Plans without the prior written approval of Landlord, in Landlord’s sole discretion.
(iii) Landlord has established a partial list of Minimum Building Specifications for Building 2 (the “Minimum Specifications”) which is attached to this Exhibit as Schedule 1, for use in the design and construction of the Tenant Improvements, provided that the Minimum Specifications is not a complete list of products, specifications and finishes to be used in the construction of the Tenant Improvements and accordingly, Tenant shall cause by notice to Landlord in writing designate a single individual who Tenant agrees shall be described in available to meet and consult with Landlord at the Working Drawings all products, specifications and finishes to be used in Building as Tenant’s representative respecting the construction of the Tenant Improvements matters which are not otherwise listed onthe subject of this Article 8 and who, as between Landlord and Tenant, shall have the power to legally bind Tenant, in making requests for changes, giving approval of plans or which deviate fromwork, giving directions to Landlord or the Minimum Specificationslike, all of which shall be subject to Landlord’s approval in Landlord’s sole discretion. Unless otherwise expressly agreed to by Landlord, the portion of the Tenant Improvements pertaining to the products, specifications and finishes specified in the Minimum Specifications shall comply with the Minimum Specificationsunder this Article 8.
Appears in 1 contract
Samples: Lease Agreement (MEDecision, Inc.)
Tenant’s Plans. Landlord approves Tenant’s use of the architectural firm known as Exxxxxx-Xxxxxxxx (i) “Tenant’s Architect”). On of before April 1, 1999 Tenant shall diligently pursue submit preliminary plans and specifications including specifications for finishes for Tenant’s proposed tenant improvements (“Preliminary Plans”). Landlord shall have three (3) business days to review and comment upon, or approve, Tenant’s Preliminary Plans, and Landlord’s approval shall not be reasonably withheld or delayed so long as Tenant’s Preliminary Plans are consistent with the Basic Standards as defined below. As part of Landlord’s review of Tenant’s Preliminary Plans, Landlord will notify Tenant of those items, if any, which are “long lead time” items (i.e., items which cannot reasonably be delivered to the job site early enough to maintain the approved construction schedule without substantial overtime work), specifying in such notice the delay in Substantial Completion of the Premises which will be caused by selection of such items (“Long Lead Time Items”), so long as Tenant’s Preliminary Plans specify sufficient detail (e.g., finishes, materials, etc.) to allow Landlord to make such determination. Thereafter, in the preparation of all drawingsthe final Tenant’s Plans, Tenant shall have the right to replace such Long Lead Time Items with other specified items that would not be considered Long Lead Time Items. On or before Tenant’s Plan Delivery Date, as specified in the Basic Lease Information, Tenant shall submit plans and specifications for Tenant Improvements in accordance Tenant’s proposed tenant improvements within the Premises consistent with this Paragraph 2(b). All such plans, drawings and specifications shall be performed by an architect and/or engineer (Tenant’s Preliminary Plans as applicable) reasonably acceptable to Landlord and Tenant, and shall include the following: (i) a space plan for the Premises; (ii) complete architectural, engineering and other plans for the Tenant Improvements; and (iii) a list of tenant improvement building standards for interior design, including a schedule (e.g. color palate, material board and spec sheets) of all interior color and finishes. Items (ii) and (iii) above are collectively referred to herein as “Working Drawings”. The space plan and Working Drawings shall comply with all applicable regulations, laws, ordinances, codes and rules. Tenant shall submit its space plan to Landlord, for review and approval in Landlord’s sole discretion. Within ten (10) business days after such submission, Landlord shall either approve or disapprove the space plan. Tenant shall make any changes necessary in order to correct any item identified by Landlord as grounds for its disapproval, and shall resubmit the correct space plan to Landlord within ten (10) business days after Landlord’s disapproval. Within ten (10) business days after Landlord received the revised space plan, Landlord shall approve or disapprove it. This procedure shall be repeated until the space plan is finally approved by Landlord and written approval has been delivered to Tenant. If Landlord fails to approve or disapprove any submission within the required time period Landlord shall be deemed to have disapproved such submission. Landlord has approved the space plan for Building 2, a copy of which is attached hereto as Schedule 2 (the “Building 2 Space Plan”), subject to Landlord’s right to review and approve the Working Drawings, interior color and finishes, materials, specifications, and other items pursuant to Paragraph 2(b)(ii) and (iii) below, and further subject to compliance and conformance with the Minimum Specifications (as defined in Paragraph 2(b)(iii) below).
(ii) Within twenty-one (21) days after Landlord has finally approved Tenant’s space plan, Tenant shall submit its Working Drawings and a pallet of interior colors and finishes to Landlord for Landlord’s review and approval, in Landlord’s sole discretion. Landlord’s approval or disapproval of such Working Drawings and pallet, and Tenant’s response thereto, shall follow the procedure (including deemed disapproval) described in Subsection (i) above with respect to the space plan. All items finally approved by Landlord pursuant to this Paragraph 2(b) are referred to herein collectively as “Tenant’s Plans”). Once approved by Landlord, no changes shall be made to Tenant’s Plans without the prior written approval of Landlord, in shall include all such information required to prepare construction drawings sufficient to allow Landlord’s sole discretion.
(iii) Landlord has established a partial list of Minimum Building Specifications for Building 2 (the contractor to bid and construct said improvements, including but not limited to those items in Exhibit B-2, “Minimum Specifications”) which is attached to this Exhibit as Schedule 1, for use in the design and construction of the Tenant Improvements, provided that the Minimum Specifications is not a complete list of products, specifications and finishes to be used in the construction of the Tenant Improvements and accordingly, Tenant shall cause to be described in the Working Drawings all products, specifications and finishes to be used in the construction of the Tenant Improvements which are not otherwise listed on, or which deviate from, the Minimum Specifications, all of which Information Required.” Such plans shall be subject to Landlord’s approval approval, which shall not be unreasonably withheld so long as the tenant improvements contemplated therein are generally generic with drop ceilings throughout, perimeter private offices around at least 25% of the perimeter of the floor plate, and otherwise reasonably comparable to the improvements existing at Tenant’s existing premises at 1000 Xxxxxx Xxxxxxx (“Basic Standards”). Landlord’s contractor shall prepare complete mechanical, electrical, plumbing, and other engineering plans for the installation of the heating, ventilating, air conditioning, electrical and plumbing to be installed in the Premises, on a design/build basis, and the costs charged by Landlord’s contractor for such services shall be included in the scope of work by Landlord’s contractor for the Tenant Improvements and in the cost estimate described in paragraph 5 below. The engineering fees for plumbing and fire sprinkler work shall be competitively bid as design/build with engineered drawings to be included in Landlord’s sole discretion. Unless otherwise expressly agreed to by Landlord, the portion contractor’s scope of work for the Tenant Improvements pertaining to the products, specifications and finishes specified in the Minimum Specifications shall comply with the Minimum SpecificationsImprovements.
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Samples: Sublease (DemandTec, Inc.)
Tenant’s Plans. In connection with the performance of the work necessary to prepare the Premises for Tenant’s initial occupancy and business operations, including without limitation, the installation of all furniture and fixtures (“Tenant’s Work”), (A) Tenant has submitted to Landlord, and Landlord has approved, a preliminary description of certain aspects of Tenant’s Work attached hereto as Exhibit 4E (“Tenant’s Program”), and (B) Tenant shall submit to Landlord for Landlord’s approval (i) Tenant shall diligently pursue the preparation name of all drawingsand other reasonably requested information regarding Xxxxxx’s proposed architect, plans licensed structural engineer, HVAC and specifications for Tenant Improvements in accordance with this Paragraph 2(b). All such plans, drawings MEP engineers and specifications shall be performed by an architect and/or engineer (as applicable) reasonably acceptable to Landlord and Tenant, and shall include the following: (i) a space plan for the Premisesgeneral contractor; (ii) complete architectural, engineering and other its schematic plans for Tenant’s Work (the “Schematic Plans”), its initial set of permit plans sufficient to permit Tenant Improvements; to commence Xxxxxx’s Work (“Permit Plans”), and a full set of construction drawings (iii“Final Tenant’s Work Construction Drawings”) for Tenant’s Work, all in accordance with the Tenant’s Work Design Schedule attached hereto as Exhibit 4F. If Tenant is delayed in the delivery of the foregoing plans by reason of a list Landlord Delay, the applicable dates shall be extended by the period of tenant improvement building standards for interior designtime which Tenant is so delayed. The Schematic Plans, including a schedule (e.g. color palate, material board the Permit Plans and spec sheets) of all interior color and finishes. Items (ii) and (iii) above the Final Tenant’s Work Construction Drawings are collectively referred to herein as the “Working Drawings”Plans.” Xxxxxxxx’s approval of the architect, HVAC and MEP engineers and general contractor shall not be unreasonably withheld, conditioned or delayed. The space plan Landlord acknowledges that the architect, HVAC and Working Drawings MEP engineers and general contractor listed on Exhibit 4D attached hereto are hereby approved. Xxxxxxxx’s approval of the Plans shall comply with all applicable regulationsnot be unreasonably withheld, laws, ordinances, codes conditioned or delayed. Xxxxxxxx’s approval is solely given for the benefit of Landlord and rules. Tenant under this Section 3.3(a) and neither Tenant nor any third party shall submit its space plan have the right to Landlord, for review and approval in rely upon Landlord’s sole discretionapproval of the Plans for any other purpose whatsoever. Within ten Xxxxxxxx agrees to respond to any request for approval of the Plans within five (105) business days after such submission, Landlord shall either approve or disapprove receipt thereof and to respond to any re-submitted request for approval of the space plan. Tenant shall make any changes necessary in order to correct any item identified by Landlord as grounds for its disapproval, and shall resubmit Plans following initial submittal of the correct space plan to Landlord same within ten three (103) business days after receipt thereof. Landlord shall cooperate with Tenant, at Tenant’s sole cost and expense, in connection with Tenant’s application for any state or municipal permits or approvals required in connection with the design, construction or maintenance of Tenant’s Work, including signing applications therefor to the extent required of building or property owners; provided, however, in no event shall Tenant apply for any special permits or variances from the City of Framingham without Landlord’s disapproval. Within ten (10) business days after approval, not to be unreasonably withheld, conditioned or delayed, it being understood and agreed that in no event shall any special permit or variance for which Tenant applies impose any conditions on Landlord received the revised space plan, Landlord shall approve or disapprove it. This procedure shall be repeated until the space plan is finally unless approved by Landlord and written approval has been delivered to Tenant. If Landlord fails to approve or disapprove any submission within the required time period Landlord shall be deemed to have disapproved such submission. Landlord has approved the space plan for Building 2, a copy of which is attached hereto as Schedule 2 (the “Building 2 Space Plan”), subject to Landlord’s right to review and approve the Working Drawings, interior color and finishes, materials, specifications, and other items pursuant to Paragraph 2(b)(ii) and (iii) below, and further subject to compliance and conformance with the Minimum Specifications (as defined in Paragraph 2(b)(iii) below).
(ii) Within twenty-one (21) days after Landlord has finally approved Tenant’s space plan, Tenant shall submit its Working Drawings and a pallet of interior colors and finishes to Landlord for Landlord’s review and approval, in Landlord’s sole discretion. Landlord’s approval or disapproval of such Working Drawings and pallet, and Tenant’s response thereto, shall follow the procedure (including deemed disapproval) described in Subsection (i) above with respect to the space plan. All items finally approved by Landlord pursuant to this Paragraph 2(b) are referred to herein collectively as “Tenant’s Plans”. Once approved by Landlord, no changes shall be made to Tenant’s Plans without the prior written approval of Landlord, in Landlord’s sole discretion.
(iii) Landlord has established a partial list of Minimum Building Specifications for Building 2 (the “Minimum Specifications”) which is attached to this Exhibit as Schedule 1, for use in the design and construction of the Tenant Improvements, provided that the Minimum Specifications is not a complete list of products, specifications and finishes to be used in the construction of the Tenant Improvements and accordingly, Tenant shall cause to be described in the Working Drawings all products, specifications and finishes to be used in the construction of the Tenant Improvements which are not otherwise listed on, or which deviate from, the Minimum Specifications, all of which shall be subject to Landlord’s approval in Landlord’s sole discretion. Unless otherwise expressly agreed to by Landlord, the portion of the Tenant Improvements pertaining to the products, specifications and finishes specified in the Minimum Specifications shall comply with the Minimum Specifications.
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Tenant’s Plans. In the event that Tenant wishes to improve the Demised Premises beyond the scope of Landlord’s Work, then:
(ia) Tenant shall diligently pursue agrees to engage the preparation services of all drawingsa registered architect and registered engineer, plans each licensed to do business in the State of Florida for the purpose of preparing the “Design Drawings” (as hereinafter defined in Section (2B) of Exhibit “D” attached hereto and specifications for made a part hereof) required of Tenant Improvements in accordance with this Paragraph 2(b). All such plans, pursuant to the requirements of Exhibit “D.” Tenant agrees to furnish the Design Drawings and working drawings and specifications shall with respect to the Demised Premises and the improvements to be performed by an architect and/or engineer (as applicable) reasonably acceptable to Landlord constructed and Tenant, and shall include the following: (i) a space plan for the Premises; (ii) complete architectural, engineering and other plans for the Tenant Improvements; and (iii) a list of tenant improvement building standards for interior design, including a schedule (e.g. color palate, material board and spec sheets) of all interior color and finishes. Items (ii) and (iii) above are collectively referred to herein as “Working Drawings”. The space plan and Working Drawings shall comply with all applicable regulations, laws, ordinances, codes and rules. Tenant shall submit its space plan to Landlord, for review and approval in Landlord’s sole discretion. Within ten (10) business days after such submission, Landlord shall either approve or disapprove the space plan. Tenant shall make any changes necessary in order to correct any item identified by Landlord as grounds for its disapproval, and shall resubmit the correct space plan to Landlord within ten (10) business days after Landlord’s disapproval. Within ten (10) business days after Landlord received the revised space plan, Landlord shall approve or disapprove it. This procedure shall be repeated until the space plan is finally approved by Landlord and written approval has been delivered to Tenant. If Landlord fails to approve or disapprove any submission installed therein within the required time period Landlord shall be deemed to have disapproved such submission. Landlord has approved the space plan for Building 2, a copy of which is attached hereto as Schedule 2 (the periods specified in Exhibit “Building 2 Space Plan”), subject to Landlord’s right to review and approve the Working Drawings, interior color and finishes, materials, specifications, and other items pursuant to Paragraph 2(b)(ii) and (iii) below, and further subject to compliance and conformance with the Minimum Specifications (as defined in Paragraph 2(b)(iii) below).
(ii) Within twenty-one (21) days after Landlord has finally approved Tenant’s space plan, Tenant shall submit its Working Drawings and a pallet of interior colors and finishes to Landlord for Landlord’s review and approvalD.” No material deviation, in Landlord’s sole discretion. reasonable judgment, from the final working drawings and specifications, following approval by Landlord, shall be made by Tenant without Landlord’s prior written consent, which consent shall be based upon Landlord’s commercially reasonable evaluation of Tenant’s Plans and Tenant’s obligations under this Lease.
(b) Landlord’s approval (which approval shall not be unreasonably withheld) of any Design Drawings, working drawings, specifications or disapproval of such Working Drawings and pallet, and Tenant’s response thereto, shall follow the procedure other plans (including deemed disapproval) described in Subsection (i) above with respect to the space plan. All items finally approved by Landlord pursuant to this Paragraph 2(b) are hereinafter collectively referred to herein collectively as “Tenant’s Plans”. Once approved ) shall:
(i) not constitute the assumption of any responsibility by LandlordLandlord for their accuracy or sufficiency or their compliance with any statutes, ordinances, rules, regulations, laws or codes of any applicable governing authority,
(ii) in no changes shall way be made to a representation or warranty by Landlord that such Tenant’s Plans without are in compliance with any of the prior written approval statutes, ordinances, rules, regulations, laws or codes of Landlord, in Landlord’s sole discretion.any applicable governing authority,
(iii) in no way be a representation or warranty by Landlord has established a partial list that it shall assist Tenant in obtaining, or that Tenant shall be able to obtain, any permits required to perform ‘Tenant’s Work” (as hereinafter defined in Paragraph (k) of Minimum Building Specifications for Building 2 Exhibit “G”), and
(iv) only be construed as Landlord’s acknowledgment that any Tenant’s Work proposed by Tenant’s Plans is in compliance with the “Minimum Specifications”) which is attached to terms and provisions of this Exhibit as Schedule 1, for use in the design and construction of the Tenant Improvements, Lease provided that the Minimum Specifications such Tenant’s Work is not a complete list of products, specifications completed in accordance with Tenant’s Plans and finishes to be used in the construction of the Tenant Improvements and accordingly, Tenant shall cause to be described in the Working Drawings all products, specifications and finishes to be used in the construction of the Tenant Improvements which are not otherwise listed on, or which deviate from, the Minimum Specifications, all of which shall be subject to Landlord’s approval in Landlord’s sole discretion. Unless otherwise expressly agreed to by Landlord, the portion of the Tenant Improvements pertaining to the products, specifications and finishes specified in the Minimum Specifications shall comply with the Minimum Specificationsother applicable provisions hereof.
Appears in 1 contract
Samples: Lease Agreement (Bankrate, Inc.)
Tenant’s Plans. (i) Tenant shall diligently pursue may currently be preparing or in the preparation future may prepare at any time during the term of all drawingsthe Lease, at its sole cost and expense, plans and specifications for non-structural improvements Tenant Improvements desires to make in accordance connection with this Paragraph 2(bTenant's occupancy of the Premises (the "Tenant's Plans"). All such plansIf so, drawings and specifications Tenant's Plans shall be performed by an architect and/or engineer (as applicable) reasonably acceptable submitted to Landlord for its approval, which approval shall not be unreasonably withheld or delayed, except that under no circumstances shall any proposed plans be approved that involve any structural alterations to the building . At the Tenant's sole cost and expense, the Tenant shall cause the Tenant's Plans to be revised in a manner sufficient to remedy the Landlord's reasonable objections and/or respond to the Landlord's reasonable concerns and for such revised plans to be redelivered to the Landlord, and shall include the following: (i) a space plan for the Premises; (ii) complete architectural, engineering and other plans for the Tenant Improvements; and (iii) a list of tenant improvement building standards for interior design, including a schedule (e.g. color palate, material board and spec sheets) of all interior color and finishes. Items (ii) and (iii) above are collectively referred to herein as “Working Drawings”. The space plan and Working Drawings shall comply with all applicable regulations, laws, ordinances, codes and rules. Tenant shall submit its space plan to Landlord, for review and approval in Landlord’s sole discretion. Within ten (10) business days after such submission, Landlord shall either approve or disapprove the space planTenant's revised plans within five (5) business days following the date of submission. If the Landlord shall again disapprove Tenant's Plans, the Tenant shall make any changes necessary in order revise such plans and redeliver them to correct any item identified the Landlord pursuant to the prior two sentences until the Tenant's Plans have been approved by Landlord as grounds for its disapprovalthe Landlord. The Tenant's Plans shall be stamped by a Massachusetts-registered architect and engineer, such architect and engineer being subject to the Landlord's reasonable approval, which shall not be unreasonably withheld or delayed, and shall resubmit comply with all applicable laws, ordinances and regulations (including, without limitation, the correct space plan applicable requirements of the Americans with Disabilities Act of 1990, and the regulations promulgated thereunder) and shall be in a form satisfactory to appropriate governmental authorities responsible for issuing permits, approvals and licenses required for construction. The Landlord within ten (10) business days after will not approve any alterations or additions requiring unusual expense to readapt the Premises to normal office, research and development or laboratory use on termination of this Lease or increasing the cost of insurance on the Building, unless the Tenant first gives assurances acceptable to the Landlord for payment of such increased cost and that such re-adaptation will be made prior to such termination without expense to the Landlord’s disapproval. Within ten (10) business days after The approval of any Tenant's Plans shall not impose upon the Landlord received any responsibility or liability whatsoever to the revised space planTenant. In connection with its approval of the Tenant's Plans, Landlord shall approve or disapprove it. This procedure shall be repeated until reserves the space plan is finally approved by Landlord and written approval has been delivered to Tenant. If Landlord fails to approve or disapprove any submission within the required time period Landlord shall be deemed to have disapproved such submission. Landlord has approved the space plan for Building 2, a copy of which is attached hereto as Schedule 2 (the “Building 2 Space Plan”), subject to Landlord’s right to review require Tenant, at Tenant's expense, to restore the Premises to its original condition and approve configuration and shall specify in writing those portions of Tenant's work which must be removed at the Working Drawings, interior color and finishes, materials, specifications, and other items pursuant to Paragraph 2(b)(ii) and (iii) below, and further subject to compliance and conformance with the Minimum Specifications (as defined in Paragraph 2(b)(iii) below).
(ii) Within twenty-one (21) days after Landlord has finally approved Tenant’s space plan, Tenant shall submit its Working Drawings and a pallet of interior colors and finishes to Landlord for Landlord’s review and approval, in Landlord’s sole discretion. Landlord’s approval or disapproval of such Working Drawings and pallet, and Tenant’s response thereto, shall follow the procedure (including deemed disapproval) described in Subsection (i) above with respect to the space plan. All items finally approved by Landlord pursuant to this Paragraph 2(b) are referred to herein collectively as “Tenant’s Plans”. Once approved by Landlord, no changes shall be made to Tenant’s Plans without the prior written approval of Landlord, in Landlord’s sole discretion.
(iii) Landlord has established a partial list of Minimum Building Specifications for Building 2 (the “Minimum Specifications”) which is attached to this Exhibit as Schedule 1, for use in the design and construction expiration of the Tenant Improvements, provided that the Minimum Specifications is not a complete list Term of products, specifications this Lease as part of Tenant's surrender and finishes to be used in the construction yield-up of the Tenant Improvements and accordingly, Tenant shall cause to be described in the Working Drawings all products, specifications and finishes to be used in the construction of the Tenant Improvements which are not otherwise listed on, or which deviate from, the Minimum Specifications, all of which shall be subject to Landlord’s approval in Landlord’s sole discretion. Unless otherwise expressly agreed to by Landlord, the portion of the Tenant Improvements pertaining to the products, specifications and finishes specified in the Minimum Specifications shall comply with the Minimum SpecificationsPremises.
Appears in 1 contract
Tenant’s Plans. (i) Tenant shall diligently pursue Prior to commencing any of Tenant's Work within the preparation applicable portion of all drawingsthe Premises, plans Tenant, at its expense, will cause the Preliminary Plans for such applicable portion to be prepared and specifications for Tenant Improvements in accordance with this Paragraph 2(b). All such plans, drawings and specifications shall be performed by an architect and/or engineer (as applicable) reasonably acceptable submitted to Landlord and Tenant, and shall include the following: (i) a space plan for the Premises; (ii) complete architectural, engineering and other plans for the Tenant Improvements; and (iii) a list of tenant improvement building standards for interior design, including a schedule (e.g. color palate, material board and spec sheets) of all interior color and finishes. Items (ii) and (iii) above are collectively referred to herein as “Working Drawings”. The space plan and Working Drawings shall comply with all applicable regulations, laws, ordinances, codes and rules. Tenant shall submit its space plan to Landlord, for review and approval in Landlord’s sole discretion. Within ten (10) business days after such submission, Landlord shall either approve or disapprove the space plan. Tenant shall make any changes necessary in order to correct any item identified by Landlord as grounds for its disapprovalapproval. Such submittal will include 1 sepia, 5 sets of blueline prints and shall resubmit 3 sets of those specifications not shown on the correct space plan drawings. Landlord will respond to Landlord any submission of Preliminary Plans within ten (10) business days after Landlord’s disapproval. Within a submission requesting approval, and if Landlord does not respond within such ten (10) business days after Landlord received the revised space plandays, Landlord shall approve or disapprove it. This procedure shall be repeated until the space plan is finally approved by Landlord and written approval has been delivered to Tenant. If Landlord fails to approve or disapprove any submission within the required time period Landlord shall be deemed to have disapproved approved such submission. Landlord has approved If the space plan for Building 2, a copy of which is attached hereto as Schedule 2 (the “Building 2 Space Plan”), subject submitted materials are not acceptable to Landlord’s right , Landlord will so notify Tenant by returning the sepia with required changes noted. If Landlord so notifies Tenant of any required change to review the Preliminary Plans, Tenant will cause the same to be revised according to the returned sepia and approve resubmitted to Landlord. After Landlord's approval of the Working DrawingsPreliminary Plans, interior Tenant, at its expense, will cause the Construction Documents to be prepared and submitted to Landlord for its approval. Such submittal will include 1 sepia, 5 sets of blueline prints, 3 sets of specifications and a complete color board for Tenant's Work. The Construction Documents must substantially conform to the Preliminary Plans approved by Landlord and finishes, materials, specificationsmust be in all respects sufficient for the purpose of obtaining a building permit for Tenaxx'x Xork. Landlord will respond to any submission of Construction Documents within five (5) business days after a submission requesting approval, and other items pursuant if Landlord does not respond within such five (5) business days, Landlord shall be deemed to Paragraph 2(b)(ii) and have approved such submission. If the submitted materials are not acceptable to Landlord, Landlord will so notify Tenant by returning the proposed Construction Documents with required changes noted. If Landlord so notifies Tenant of any required changes to the proposed Construction Documents, Tenant will cause the Construction Documents to be resubmitted to Landlord for its approval. Tenaxx'x Xork will not commence prior to Landlord's approval of the Construction Documents. Within thirty (iii) below, and further subject to compliance and conformance with the Minimum Specifications (as defined in Paragraph 2(b)(iii) below).
(ii) Within twenty-one (2130) days after Landlord has finally approved completion of each portion of Tenant’s space plan's Work, Tenant shall submit its Working Drawings and a pallet of interior colors and finishes to will provide Landlord for Landlord’s review and approval, in Landlord’s sole discretion. Landlord’s approval or disapproval of such Working Drawings and pallet, and Tenant’s response thereto, shall follow the procedure (including deemed disapproval) described in Subsection (i) above with respect to the space plan. All items finally approved by Landlord pursuant to this Paragraph 2(b) are referred to herein collectively as “Tenant’s Plans”. Once approved by Landlord, no changes shall be made to Tenant’s Plans without the prior written approval of Landlord, in Landlord’s sole discretion.
(iii) Landlord has established a partial list of Minimum Building Specifications for Building 2 (the “Minimum Specifications”) which is attached to this Exhibit as Schedule 1, for use in the design and construction of the Tenant Improvements, provided that the Minimum Specifications is not a complete list set of products, specifications and finishes to be used in the construction reproducible as-built plans of the Tenant Improvements and accordingly, Tenant shall cause to be described in the Working Drawings all products, specifications and finishes to be used in the construction of the Tenant Improvements which are not otherwise listed on, or which deviate from, the Minimum Specifications, all of which shall be subject to Landlord’s approval in Landlord’s sole discretion. Unless otherwise expressly agreed to by Landlord, the applicable portion of the Premises. If Tenant Improvements pertaining fails to provide such plans, and does not cure such failure within ten (10) days after written notice from Landlord, Landlord may obtain them, directly or by field verification, and charge Tenant for all costs incurred by Landxxxx xx doing so. No approval by Landlord of the Preliminary Plans, the Construction Documents or any revisions to them will constitute a representation or warranty by Landlord as to the productsadequacy or sufficiency of such plans, specifications and finishes specified or the improvements to which they relate, for any use, purpose or condition, but such approval will merely be the consent of Landlord to the construction or installation of improvements in the Minimum Specifications shall comply with the Minimum SpecificationsPremises according to such plans.
Appears in 1 contract
Tenant’s Plans. (i) Tenant shall diligently pursue will submit to Landlord for Landlord’s written approval by no later than 15 days after the preparation of all drawingsAlzheimer’s Expansion Premises Commencement Date and the A&G Expansion Premises Commencement Date, plans and specifications for Tenant Improvements in accordance with this Paragraph 2(b). All such plans, drawings and specifications shall be performed by an architect and/or engineer (as applicable) reasonably acceptable to Landlord and Tenant, and shall include a set of the following: (i) a space plan for the Premises; (ii) complete architectural, engineering and other plans for the Tenant Improvements; and (iii) a list of tenant improvement building standards for interior design, including a schedule (e.g. color palate, material board and spec sheets) of all interior color and finishes. Items (ii) and (iii) above are collectively referred to herein as “Working Drawings”. The space plan and Working Drawings shall comply with all applicable regulations, laws, ordinances, codes and rulesDesign/Development Plans. Tenant shall submit its space plan to Landlord, Landlord for review and approval in Landlord’s sole discretion. Within ten (10) business written approval, the applicable Final Construction Plans by no later than 20 days after such submission, the date of Landlord’s approval of the applicable Design/Development Plans. Landlord shall either approve or disapprove of such Design/Development Plans and such Final Construction Plans, respectively, within 10 Business Days of Landlord’s receipt of such plans, and, in the space plan. event of any disapproval of such plans, Landlord will provide Tenant shall make any changes necessary in order to correct any item identified by Landlord as grounds with a summary of the material reasons for its disapproval, and shall resubmit a detailed description of the correct space plan to changes that will be required before Landlord within ten (10) business days after Landlord’s disapproval. Within ten (10) business days after Landlord received will reconsider approving the revised space plan, Landlord shall approve or disapprove it. This procedure shall be repeated until the space plan is finally approved by Landlord and written approval has been delivered to Tenantsame. If Landlord fails to approve or disapprove any submission within the required time period Landlord shall be deemed to have disapproved such submission. Landlord has approved the space plan for Building 2, a copy of which is attached hereto as Schedule 2 (the “Building 2 Space Plan”), subject to Landlord’s right to review and approve the Working Drawings, interior color and finishes, materials, specifications, and other items pursuant to Paragraph 2(b)(ii) and (iii) below, and further subject to compliance and conformance with the Minimum Specifications (as defined in Paragraph 2(b)(iii) below).
(ii) Within twenty-one (21) days after Landlord has finally approved Tenant’s space plannecessary, Tenant shall submit its Working Drawings and a pallet of interior colors and finishes promptly cause such the applicable Design/Development Plans or the applicable Final Construction Plans to Landlord for be modified to address with Landlord’s review and approval, in Landlord’s sole discretionreasonable requests. Landlord’s approval of the applicable Final Construction Plans shall not be unreasonably withheld, or disapproval of such Working Drawings and palletdelayed, and Tenant’s response thereto, shall follow provided that they are consistent with the procedure Construction Guidelines (including deemed disapproval) described in Subsection (i) above with respect to the space plan. All items finally extent they are applicable to the Building) and the applicable Design Development Plans approved by Landlord pursuant to this Paragraph 2(b) Landlord. At such time as the applicable Final Construction Plans are referred to herein collectively as “Tenant’s Plans”. Once completed and approved by Landlord, no changes Landlord and Tenant shall each execute and deliver a Landlord Approval Letter, reciting such approval and definitively identifying the applicable Final Construction Plans so approved, and a copy of such letter shall be made appended to each counterpart of the Lease. Each Landlord Approval Letter shall also list any elements of the applicable Tenant’s Work that Tenant shall remove at the end of the Lease Term in accordance with Section 5.1.4. of the Lease. After execution of a Landlord Approval Letter, any material changes to the applicable Tenant’s Plans without the shall require Landlord’s prior written approval, such approval to follow the procedure outlined in this Section above. Upon issuance of the applicable Landlord Approval Letter, Tenant shall promptly obtain the applicable Building Permit. Any approval granted by Landlord under this Section 2 shall be granted solely for the benefit of Landlord, in and neither Tenant nor any third party shall have the right to rely upon Landlord’s sole discretion.
(iii) Landlord has established a partial list approval of Minimum Building Specifications for Building 2 (the “Minimum Specifications”) which is attached to this Exhibit as Schedule 1, for use in the design and construction any of the Tenant Improvements, provided that applicable Tenant’s Plans for any other purpose whatsoever. Without limiting the Minimum Specifications is not a complete list of products, specifications and finishes to be used in the construction of the Tenant Improvements and accordinglyforegoing, Tenant shall cause to be described in the Working Drawings responsible for all products, specifications and finishes to be used in the construction elements of the Tenant Improvements which are not otherwise listed ondesign of Tenant’s Work (including, or which deviate fromwithout limitation, the Minimum Specificationscompliance of the Tenant’s Work and Tenant’s Plans with Legal Requirements, all functionality of which shall be subject to design, the structural integrity of the design, the configuration and demising of the Alzheimer’s Expansion Premises and the A&G Expansion Premises, as applicable, and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval in Landlord’s sole discretion. Unless otherwise expressly agreed to by Landlord, the portion of the applicable Tenant’s Plans shall in no event relieve Tenant Improvements pertaining to of the products, specifications and finishes specified in the Minimum Specifications shall comply with the Minimum Specificationsresponsibility therefor.
Appears in 1 contract
Samples: Lease (Athenahealth Inc)
Tenant’s Plans. (i) In connection with the performance of Tenant's Work, Tenant shall diligently pursue the preparation of all drawings, plans and specifications for Tenant Improvements in accordance with this Paragraph 2(b). All such plans, drawings and specifications shall be performed by an architect and/or engineer (as applicable) reasonably acceptable will submit to Landlord and Tenant, and shall include for Landlord's written approval a set of the following: (i) a space plan for Design/Development Plans. Landlord may list any comments it has on the Premises; (ii) complete architectural, engineering and other plans for the Tenant Improvements; and (iii) a list of tenant improvement building standards for interior design, including a schedule (e.g. color palate, material board and spec sheets) of all interior color and finishes. Items (ii) and (iii) above are collectively referred to herein as “Working Drawings”. The space plan and Working Drawings shall comply with all applicable regulations, laws, ordinances, codes and rulesDesign Development Plans on Schedule A attached hereto. Tenant shall submit its space plan to Landlord for Landlord's written approval, for review and approval in Landlord’s sole discretionthe Final Construction Drawings not later than June 28, 2004 (the "Plan Submittal Deadline"). Within ten (10) business days after such submission, Landlord shall either approve or disapprove of such Final Construction Drawings within 6 Business Days of Landlord's receipt thereof and, in the space plan. event of any disapproval, Landlord will provide Tenant shall make any changes necessary in order to correct any item identified by Landlord as grounds with a summary of the material reasons for its disapproval, and shall resubmit of the correct space plan to changes that will be required before Landlord within ten (10) business days after Landlord’s disapproval. Within ten (10) business days after Landlord received will reconsider approving the revised space plan, Landlord shall approve or disapprove it. This procedure shall be repeated until the space plan is finally approved by Landlord and written approval has been delivered to Tenantsame. If Landlord fails to approve or disapprove any submission within the required time period Landlord shall be deemed to have disapproved such submission. Landlord has approved the space plan for Building 2, a copy of which is attached hereto as Schedule 2 (the “Building 2 Space Plan”), subject to Landlord’s right to review and approve the Working Drawings, interior color and finishes, materials, specifications, and other items pursuant to Paragraph 2(b)(ii) and (iii) below, and further subject to compliance and conformance with the Minimum Specifications (as defined in Paragraph 2(b)(iii) below).
(ii) Within twenty-one (21) days after Landlord has finally approved Tenant’s space plannecessary, Tenant shall submit its Working promptly cause such Final Construction Drawings and a pallet to be modified in accordance with Landlord's reasonable requests within 6 Business Days of interior colors and finishes to Landlord for Tenant's receipt of Landlord’s review and approval, in Landlord’s sole discretion's comments. Landlord’s 's approval of the Final Construction Drawings shall not be unreasonably withheld, conditioned or disapproval of delayed, provided that they are consistent with the Design/Development Plans. At such Working time as the Final Construction Drawings are completed and pallet, and Tenant’s response thereto, shall follow the procedure (including deemed disapproval) described in Subsection (i) above with respect to the space plan. All items finally approved by Landlord pursuant to this Paragraph 2(b) are referred to herein collectively as “Tenant’s Plans”. Once approved by Landlord, no changes Landlord and Tenant shall each execute and deliver the Landlord Approval Letter, reciting such approval and definitively identifying the Final Construction Drawings so approved, and a copy of such letter shall be made appended to each counterpart of the Lease. The Landlord Approval Letter shall also list any elements of Tenant's Work that must be removed at the end of the Lease Term in accordance with Section 5.1.4. of the Lease. Landlord and Tenant agree that any mezzanine level constructed as part of Tenant's Work in accordance with the Final Construction Drawings shall be left in the Premises at the expiration of the Lease Term. After execution of the Landlord Approval Letter, any material changes to Tenant’s 's Plans without the shall require Landlord's prior written approval, such approval to follow the procedure outlined in this Section above. Any approval granted by Landlord under this Section 2 shall be granted solely for the benefit of Landlord, in and neither Tenant nor any third party shall have the right to rely upon Landlord’s sole discretion.
(iii) Landlord has established a partial list 's approval of Minimum Building Specifications for Building 2 (the “Minimum Specifications”) which is attached to this Exhibit as Schedule 1, for use in the design and construction any of the Tenant Improvements, provided that Tenant's Plans for any other purpose whatsoever. Without limiting the Minimum Specifications is not a complete list of products, specifications and finishes to be used in the construction of the Tenant Improvements and accordinglyforegoing, Tenant shall cause to be described in the Working Drawings responsible for all products, specifications and finishes to be used in the construction elements of the Tenant Improvements which are not otherwise listed ondesign of Tenant's Work (including, or which deviate fromwithout limitation, the Minimum Specificationscompliance of the Tenant's Work and Tenant's Plans with Legal Requirements, all functionality of which shall be subject to Landlord’s approval in Landlord’s sole discretion. Unless otherwise expressly agreed to by Landlorddesign, the portion structural integrity of the design, the configuration of the Premises, the demising of the Premises, and the placement of Tenant's furniture, appliances and equipment), and Landlord's approval of the Tenant's Plans shall in no event relieve Tenant Improvements pertaining to of the products, specifications and finishes specified in the Minimum Specifications shall comply with the Minimum Specificationsresponsibility therefor.
Appears in 1 contract
Samples: Lease (A123 Systems Inc)
Tenant’s Plans. (ia) On or before October 3, 2003, Tenant shall diligently pursue the preparation of all drawings, plans finalize and specifications for Tenant Improvements in accordance with this Paragraph 2(b). All such plans, drawings and specifications shall be performed by an architect and/or engineer (as applicable) reasonably acceptable to Landlord and Tenant, and shall include the following: (i) approve a space plan for the Premises; . On or about October 15, 2003 (iithe "Plan Submission Date"), Landlord's licensed architect, in consultation with Tenant, shall produce and submit to Landlord a final and complete dimensioned and detailed architectural and engineering plans, specifications and drawings of partition layouts (including openings), ceiling and lighting layouts, colors, mechanical and electrical drawings, HVAC system design and distribution plans and specifications and any and all other information as may be reasonably acceptable to Landlord, and necessary and sufficient to obtain a building permit and to complete the New Space Initial Alterations to the Premises in accordance with this Exhibit "B-I" (and using the Building Standard items listed in Schedule A hereto, or replacements thereof which are of greater quality) complete architectural, engineering and other (such plans for the Tenant Improvements; and (iii) a list of tenant improvement building standards for interior design, including a schedule (e.g. color palate, material board and spec sheets) of all interior color and finishes. Items (ii) and (iii) above are collectively referred to herein as “Working Drawings”"Tenant's Plans"). The space plan Landlord shall have five (5) Business Days to approve of Tenant's Plans (or reasonably disapprove same, with Landlord reasonably specifying the reasons for such disapproval to the extent reasonably possible under the circumstances). Landlord and Working Drawings Tenant hereby agree to the use of Southport Associates, as the engineer, Xxxxxxxx Design Associates, as the architects and Landlord, as the general contractor for the New Space Initial Alterations hereunder. Landlord shall comply with all applicable regulations, laws, ordinances, codes and rules. not be compensated for its services as general contractor.
(b) Tenant shall approve and submit its space plan to Landlord, for review and approval in Landlord’s sole discretion. Within ten (10) business days after such submission, Landlord shall either approve or disapprove the space plan. Tenant shall make any changes necessary in order to correct any item identified by Landlord as grounds for its disapproval, and shall resubmit the correct space plan to Landlord within ten in connection with Tenant's Plans on or before the Plan Submission Date.
(10c) business days after Following Landlord’s disapproval. Within ten 's receipt of Tenant's Plans (10) business days after Landlord received the revised space planwhich are in form reasonably acceptable to Landlord), Landlord shall approve or disapprove itsubmit the same to the Milford, Connecticut, Building Department and shall diligently pursue the issuance of a building permit. This procedure shall be repeated until the space plan is finally approved by Tenant agrees to diligently cooperate with Landlord and written approval has been delivered to Tenant. If Landlord fails to approve or disapprove any submission within the required time period Landlord shall be deemed to have disapproved such submission. Landlord has approved the space plan for Building 2, a copy of which is attached hereto as Schedule 2 (the “Building 2 Space Plan”), subject to Landlord’s right to review and approve the Working Drawings, interior color and finishes, materials, specifications, and other items pursuant to Paragraph 2(b)(ii) and (iii) below, and further subject to compliance and conformance with the Minimum Specifications (as defined in Paragraph 2(b)(iii) below).
(ii) Within twenty-one (21) days after Landlord has finally approved Tenant’s space plan, Tenant shall submit its Working Drawings and a pallet of interior colors and finishes to Landlord for Landlord’s review and approval, in Landlord’s sole discretion. Landlord’s approval or disapproval of such Working Drawings and pallet, and Tenant’s response thereto, shall follow the procedure (including deemed disapproval) described in Subsection (i) above with respect to the space plan. All items finally approved by Landlord pursuant to this Paragraph 2(b) are referred to herein collectively as “Tenant’s Plans”. Once approved by Landlord, no changes shall be made to Tenant’s Plans without the prior written approval of Landlord, in Landlord’s sole discretionapplying for and obtaining said building permit.
(iii) Landlord has established a partial list of Minimum Building Specifications for Building 2 (the “Minimum Specifications”) which is attached to this Exhibit as Schedule 1, for use in the design and construction of the Tenant Improvements, provided that the Minimum Specifications is not a complete list of products, specifications and finishes to be used in the construction of the Tenant Improvements and accordingly, Tenant shall cause to be described in the Working Drawings all products, specifications and finishes to be used in the construction of the Tenant Improvements which are not otherwise listed on, or which deviate from, the Minimum Specifications, all of which shall be subject to Landlord’s approval in Landlord’s sole discretion. Unless otherwise expressly agreed to by Landlord, the portion of the Tenant Improvements pertaining to the products, specifications and finishes specified in the Minimum Specifications shall comply with the Minimum Specifications.
Appears in 1 contract
Samples: Premises Relocation and Lease Amendment Agreement (National Patent Development Corp)
Tenant’s Plans. (i) Tenant shall diligently pursue On or before the preparation of all drawingsSubmission Date, plans Tenant, at its expense, will cause the Preliminary Plans to be prepared and specifications for Tenant Improvements in accordance with this Paragraph 2(b). All such plans, drawings and specifications shall be performed by an architect and/or engineer (as applicable) reasonably acceptable submitted to Landlord for its approval, which shall not be unreasonably withheld, conditioned or delayed. Landlord, at its sole cost and Tenantexpense, and shall include the following: (i) a space plan will pay up to $15,000.00 for two initial test plans for the Premises; (ii) complete architectural, engineering and other plans for . If the Tenant Improvements; and (iii) a list of tenant improvement building standards for interior design, including a schedule (e.g. color palate, material board and spec sheets) of all interior color and finishes. Items (ii) and (iii) above submitted materials are collectively referred to herein as “Working Drawings”. The space plan and Working Drawings shall comply with all applicable regulations, laws, ordinances, codes and rules. Tenant shall submit its space plan not acceptable to Landlord, for review and approval in Landlord will so notify Tenant by returning the Preliminary Plans with required changes noted within 10 business days following Landlord’s sole discretionreceipt. Within ten (10) business days after such submissionIf Landlord so notifies Tenant of any required change to the Preliminary Plans, Tenant will cause the same to be revised according to the returned Preliminary Plans and resubmitted to Landlord. After Landlord shall either approve or disapprove notifies Tenant of Landlord’s approval of the space plan. Tenant shall make any changes necessary in order Preliminary Plans, Tenant, at its expense, will cause, using commercially reasonable efforts, the Construction Documents to correct any item identified by be prepared and submitted to Landlord as grounds for its disapprovalapproval, which shall not be unreasonably withheld, conditioned or delayed. Such submittal will include a complete color and shall resubmit finish board for Tenant’s Work. The Construction Documents must substantially conform to the correct space plan to Landlord within ten (10) business days after Landlord’s disapproval. Within ten (10) business days after Landlord received the revised space plan, Landlord shall approve or disapprove it. This procedure shall be repeated until the space plan is finally Preliminary Plans approved by Landlord and written must be in all respects sufficient for the purpose of obtaining a building permit for Tenant’s Work. If required by Landlord, Tenant will cause the Construction Documents to be resubmitted to Landlord for its approval has been delivered after Landlord notifies Tenant of any required changes. Tenant’s Work will not commence prior to TenantLandlord’s approval of the Construction Documents. If Landlord fails to approve or disapprove any submission within the required time period Landlord shall be deemed deliver to have disapproved such submission. Landlord has approved the space plan for Building 2, a copy of which is attached hereto as Schedule 2 (the “Building 2 Space Plan”), subject to Tenant Landlord’s right to review and approve the Working Drawings, interior color and finishes, materials, specifications, and other items pursuant to Paragraph 2(b)(ii) and (iii) below, and further subject to compliance and conformance with the Minimum Specifications (as defined in Paragraph 2(b)(iii) below).
(ii) Within twenty-one (21) written approval or its written request for revisions within 15 days after Landlord has finally approved receives any submittal by Tenant of Preliminary Plans, Construction Documents or any required revisions to them, or Tenant’s space plan, request for approval of its Contractor (defined below in Section 11) Tenant shall submit its Working Drawings and will receive a pallet credit against Base Rent beginning on the first day of interior colors and finishes the Term equal to Landlord one day’s Base Rent for each day subsequent to the 15th day after Tenant’s submittal until the day of Landlord’s review and approvalresponse. Except as provided in Paragraph 2 above, no delays in Landlord’s sole discretion. Landlord’s approval the design or disapproval performance of such Working Drawings and pallet, and Tenant’s response thereto, shall follow Work will change the procedure (including deemed disapproval) described in Subsection (i) above applicable Start Dates or the Commencement Date with respect to any of various portions of the space planPremises. All items finally approved Upon completion of Tenant’s Work in the Premises as a whole, Tenant will provide Landlord a complete set of reproducible as-built plans of the Premises. If Tenant fails to provide such plans, Landlord may obtain them, directly or by field verification, and charge Tenant for all costs incurred by Landlord pursuant in doing so. No approval by Landlord of the Preliminary Plans, the Construction Documents or any revisions to this Paragraph 2(b) are referred them will constitute a representation or warranty by Landlord or its architects or engineers as to herein collectively as “Tenant’s Plans”. Once approved by Landlordthe adequacy or sufficiency of such plans, no changes shall be made or the improvements to Tenant’s Plans without the prior written approval of Landlord, in Landlord’s sole discretion.
(iii) Landlord has established a partial list of Minimum Building Specifications for Building 2 (the “Minimum Specifications”) which is attached to this Exhibit as Schedule 1they relate, for use any use, purpose or condition, but such approval will merely be the consent of Landlord to the construction or installation of improvements in the design and construction of the Tenant Improvements, provided that the Minimum Specifications is not a complete list of products, specifications and finishes Premises according to be used in the construction of the Tenant Improvements and accordingly, Tenant shall cause to be described in the Working Drawings all products, specifications and finishes to be used in the construction of the Tenant Improvements which are not otherwise listed on, or which deviate from, the Minimum Specifications, all of which shall be subject to Landlord’s approval in Landlord’s sole discretion. Unless otherwise expressly agreed to by Landlord, the portion of the Tenant Improvements pertaining to the products, specifications and finishes specified in the Minimum Specifications shall comply with the Minimum Specificationssuch plans.
Appears in 1 contract
Samples: Lease Agreement (Exelixis, Inc.)
Tenant’s Plans. In any and all events, Landlord and Tenant shall agree on Final Tenant's Plans on or before December 29, 1999 (the "Outside Plan Date"). Landlord shall not be required to approve any alteration, improvement, work or materials called for in Tenant's Plans which (i) is not approved by Landlord's architect or (ii) does not comply with any of the Requirements as defined in Article VII including, without limitation, any and all applicable laws, ordinances or building codes or (iii) does not meet Landlord's minimum standards for the Building as determined by Landlord in Landlord's sole but reasonable judgment or (iv) do not call for work or improvements sufficient to bring the Premises into compliance with all applicable Requirements (as defined in Section 7.2) or (v) pertain to the Lobby Area which is to be renovated pursuant to Section 14.31 hereof. Tenant shall diligently pursue be responsible for the preparation content of Tenant's Plans and shall insure that the same call for work and improvements which are designed in compliance with and which, when performed, shall bring the Premises into compliance with all drawingsapplicable Requirements. Landlord's approval of Tenant's Plans shall not be deemed or construed as a representation or warranty by Landlord or Landlord's construction manager that the work and improvements called for therein are in compliance with the Requirements. Upon approval of Tenant's Plans by Landlord, plans Landlord shall promptly apply for all licenses, permits and specifications approvals necessary to perform Landlord's Work and Landlord shall also Subject to the rights of Landlord under this Lease with respect to the selection and designation of the general contractor, Landlord shall consult with Tenant in connection with completing the Bid Process and shall share information relative the bids submitted by the various contractors with Tenant. After completion of the Bid Process, Landlord will arrange for a meeting between the Architect, Landlord's Construction Manager, Tenant Improvements and the lowest qualified responsible bidder, wherein the contractors bid and the scope of work called for therein shall be reviewed. Such meeting shall take place within two (2) Business Days after completion of the Bid Process. After such meeting, Landlord shall select the lowest qualified responsible bid submitted by one of the contractors and shall designate and enter into a construction contract with such bidder as the general contractor for purposes of performing Landlord's Work. Landlord shall provide Tenant with a copy of the construction contract as executed. Upon completion of the Bid Process and Landlord's designation of and entry into the construction contract with the general contractor as aforesaid, Landlord shall exercise all reasonable efforts to promptly complete the work necessary to prepare the Premises for Tenant's occupancy pursuant to the Tenant's Plans ("Landlord's Work"), but Tenant shall have no claims against Landlord for failure to timely complete such Landlord's Work except the right to terminate this Lease in accordance with this Paragraph 2(bthe provisions of Section 4.2(e). All such plansIt is agreed and understood that notwithstanding anything contained in the Tenant's Plans to the contrary, drawings Landlord's Work shall not include any aspect of the Elevator Up-Grade or the Lobby Renovation Work contemplated in Section 14.30 and specifications Section 14.31 respectively, unless expressly agreed to by Landlord in writing. Landlord shall be performed by an architect and/or engineer (as applicable) reasonably acceptable cause Landlord's Construction Manager to Landlord and Tenant, oversee the performance of Landlord's Work and shall include the following: (i) use good faith efforts to ensure that such work is performed in a space plan for the Premises; (ii) complete architectural, engineering good and other plans for the Tenant Improvements; and (iii) a list of tenant improvement building standards for interior design, including a schedule (e.g. color palate, material board and spec sheets) of all interior color and finishes. Items (ii) and (iii) above are collectively referred to herein workmanlike manner in compliance with Tenant's Plans as “Working Drawings”. The space plan and Working Drawings shall comply with all applicable regulations, laws, ordinances, codes and rules. Tenant shall submit its space plan to Landlord, for review and approval in Landlord’s sole discretion. Within ten (10) business days after such submission, Landlord shall either approve or disapprove the space plan. Tenant shall make any changes necessary in order to correct any item identified by Landlord as grounds for its disapproval, and shall resubmit the correct space plan to Landlord within ten (10) business days after Landlord’s disapproval. Within ten (10) business days after Landlord received the revised space plan, Landlord shall approve or disapprove it. This procedure shall be repeated until the space plan is finally approved by Landlord and written approval has been delivered to Tenant. If Landlord fails to approve or disapprove any submission within the required time period Landlord shall be deemed to have disapproved such submission. Landlord has approved the space plan for Building 2, a copy of which is attached hereto as Schedule 2 (the “Building 2 Space Plan”), subject to Landlord’s right to review and approve the Working Drawings, interior color and finishes, materials, specifications, and other items pursuant to Paragraph 2(b)(ii) and (iii) below, and further subject to compliance and conformance with the Minimum Specifications (as defined in Paragraph 2(b)(iii) below).
(ii) Within twenty-one (21) days after Landlord has finally approved Tenant’s space plan, Tenant shall submit its Working Drawings and a pallet of interior colors and finishes to Landlord for Landlord’s review and approval, in Landlord’s sole discretion. Landlord’s approval or disapproval of such Working Drawings and pallet, and Tenant’s response thereto, shall follow the procedure (including deemed disapproval) described in Subsection (i) above with respect to the space plan. All items finally approved by Landlord pursuant to this Paragraph 2(b) are referred to herein collectively as “Tenant’s Plans”. Once approved by Landlord, no changes shall be made to Tenant’s Plans without the prior written approval of Landlord, in Landlord’s sole discretion.
(iii) Landlord has established a partial list of Minimum Building Specifications for Building 2 (the “Minimum Specifications”) which is attached to this Exhibit as Schedule 1, for use in the design and 's construction of the Tenant Improvements, provided that the Minimum Specifications is not a complete list of products, specifications and finishes to be used in the construction of the Tenant Improvements and accordingly, Tenant shall cause to be described in the Working Drawings all products, specifications and finishes to be used in the construction of the Tenant Improvements which are not otherwise listed on, or which deviate from, the Minimum Specifications, all of which shall be subject to Landlord’s approval in Landlord’s sole discretion. Unless otherwise expressly agreed to by Landlord, the portion of the Tenant Improvements pertaining to the products, specifications and finishes specified in the Minimum Specifications shall comply with the Minimum Specifications.manager shall:
Appears in 1 contract
Samples: Lease Agreement (Cyrk Inc)
Tenant’s Plans. (i) Tenant shall diligently pursue Landlord has approved the preparation Preliminary Plans, as set forth on Schedule 1 to this Work Letter. Within 10 days after the Date of all drawingsthe Lease, Tenant, at its expense, will cause the Construction Documents to be prepared and submitted to Landlord for its approval. Such submittal will include two sets of plans and specifications and a complete color and finish board for Tenant’s Work. The Construction Documents must conform to the Preliminary Plans approved by Landlord in all material respects and must be in all respects sufficient for the purpose of obtaining a building permit for Tenant’s Work. If reasonably required by Landlord, Tenant Improvements in accordance with this Paragraph 2(b). All such plans, drawings and specifications shall will cause the Construction Documents to be performed by an architect and/or engineer (as applicable) reasonably acceptable resubmitted to Landlord and Tenant, and shall include the following: (i) a space plan for the Premises; (ii) complete architectural, engineering and other plans for the Tenant Improvements; and (iii) a list of tenant improvement building standards for interior design, including a schedule (e.g. color palate, material board and spec sheets) of all interior color and finishes. Items (ii) and (iii) above are collectively referred to herein as “Working Drawings”. The space plan and Working Drawings shall comply with all applicable regulations, laws, ordinances, codes and rules. Tenant shall submit its space plan to Landlord, for review and approval in Landlord’s sole discretion. Within ten (10) business days after such submission, Landlord shall either approve or disapprove the space plan. Tenant shall make any changes necessary in order to correct any item identified by Landlord as grounds for its disapproval, and shall resubmit the correct space plan to Landlord approval within ten (10) business days after Landlord’s disapproval. Within ten (10) business seven days after Landlord received the revised space plan, notifies Tenant of any reasonably required changes. Landlord shall approve or have the right to disapprove itthe Construction Documents only if they materially differ from the Preliminary Plans. This procedure shall be repeated until Tenant’s Work will not commence prior to Landlord’s approval of the space plan is finally approved by Construction Documents. Landlord and written approval has been delivered Tenant agree to Tenantwork together in good faith to review, approve and finalize all Construction Documents in a timely manner. If Landlord fails to approve or disapprove any submission within the required time period Landlord shall be deemed deliver to have disapproved such submission. Landlord has approved the space plan for Building 2, a copy of which is attached hereto as Schedule 2 (the “Building 2 Space Plan”), subject to Tenant Landlord’s right to review and approve the Working Drawings, interior color and finishes, materials, specifications, and other items pursuant to Paragraph 2(b)(ii) and (iii) below, and further subject to compliance and conformance with the Minimum Specifications (as defined in Paragraph 2(b)(iii) below).
(ii) Within twenty-one (21) written approval or its written request for revisions within seven days after Landlord has finally approved Tenant’s space planreceives any submittal by Tenant of Preliminary Plans, Tenant shall submit its Working Drawings and a pallet of interior colors and finishes Construction Documents or any required revisions to Landlord for Landlord’s review and approvalthem, in Landlord’s sole discretion. Landlord’s approval or disapproval of then such Working Drawings and pallet, and Tenant’s response thereto, shall follow the procedure (including submittal will be deemed disapproval) described in Subsection (i) above with respect to the space plan. All items finally approved by Landlord pursuant to this Paragraph 2(b) are referred to herein collectively as “Tenant’s Plans”. Once approved by Landlord. Except as provided in Paragraph 2 above, no changes shall be made to Tenant’s Plans without the prior written approval of Landlord, in Landlord’s sole discretion.
(iii) Landlord has established a partial list of Minimum Building Specifications for Building 2 (the “Minimum Specifications”) which is attached to this Exhibit as Schedule 1, for use delays in the design and construction or performance of Tenant’s Work will change the Occupied Space Delivery Date or the Commencement Date. Upon completion of Tenant’s Work, Tenant will provide Landlord a complete set of reproducible as-built plans of the Premises. If Tenant Improvementsfails to provide such plans, provided that Landlord may obtain them, directly or by field verification, and charge Tenant for all reasonable costs incurred by Landlord in doing so. No approval by Landlord of the Minimum Specifications is not Preliminary Plans, the Construction Documents or any revisions to them will constitute a complete list representation or warranty by Landlord or its architects or engineers as to the adequacy or sufficiency of productssuch plans, specifications and finishes or the improvements to which they relate, for any use, purpose or condition, but such approval will merely be used the consent of Landlord to the construction or installation of improvements in the construction of the Tenant Improvements and accordingly, Tenant shall cause Premises according to be described in the Working Drawings all products, specifications and finishes to be used in the construction of the Tenant Improvements which are not otherwise listed on, or which deviate from, the Minimum Specifications, all of which shall be subject to Landlord’s approval in Landlord’s sole discretion. Unless otherwise expressly agreed to by Landlord, the portion of the Tenant Improvements pertaining to the products, specifications and finishes specified in the Minimum Specifications shall comply with the Minimum Specificationssuch plans.
Appears in 1 contract
Samples: Lease Agreement (Singulex Inc)
Tenant’s Plans. (i) Tenant Prior to the performance of any Alterations, Tenant, at Tenant's sole cost and expense, shall diligently pursue the preparation of all drawingscause to be prepared and delivered to Landlord, plans complete, detailed architectural, mechanical and specifications for Tenant Improvements in accordance with this Paragraph 2(b). All such plans, electrical drawings and specifications therefor (“Tenant's Plans”). Tenant's Plans shall be performed by an architect and/or engineer (as applicable) reasonably acceptable subject to Landlord's prior written approval. If, in connection with determining whether or not to approve Tenant's Plans or revisions thereof, Landlord incurs reasonable and Tenant, and shall include the following: (i) a space plan for the Premises; (ii) complete necessary out of pocket architectural, engineering and or any other plans for the Tenant Improvements; and (iii) a list of tenant improvement building standards for interior designprofessional fees, including a schedule (e.g. color palate, material board and spec sheets) of all interior color and finishes. Items (ii) and (iii) above are collectively referred to herein as “Working Drawings”. The space plan and Working Drawings shall comply with all applicable regulations, laws, ordinances, codes and rules. Tenant shall submit its space plan to Landlord, for review and approval in Landlord’s sole discretion. Within ten (10) business days after pay such submission, Landlord shall either approve or disapprove the space plan. Tenant shall make any changes necessary in order to correct any item identified by Landlord fees as grounds for its disapproval, and shall resubmit the correct space plan to Landlord additional rent within ten (10) business days after of invoice from Landlord’s disapproval. Within ten Tenant shall have five (105) business days after from notice from Landlord received the to respond to any comments or changes requested by Landlord and to resubmit two (2) copies of revised space planTenant's Plans. If, as and when Landlord shall approve or disapprove it. This procedure Tenant's Plans the same shall become final and three (3) copies thereof shall be repeated until the space plan is finally approved signed by Landlord and written approval has been delivered Tenant, two (2) sets to be retained by Landlord and one (1) set to be retained by Tenant. If Landlord fails to approve Tenant's Plans shall not be materially changed, which would include the addition of any structural or disapprove exterior changes of any submission within the required time period Landlord shall be deemed to have disapproved such submission. Landlord has approved the space plan for Building 2kind, a copy of which is attached hereto as Schedule 2 (the “Building 2 Space Plan”), subject to Landlord’s right to review and approve the Working Drawings, interior color and finishes, materials, specifications, and other items pursuant to Paragraph 2(b)(ii) and (iii) below, and further subject to compliance and conformance with the Minimum Specifications (as defined in Paragraph 2(b)(iii) below).
(ii) Within twenty-one (21) days after Landlord has finally approved Tenant’s space plan, Tenant shall submit its Working Drawings and a pallet of interior colors and finishes to Landlord for Landlord’s review and approval, in Landlord’s sole discretion. Landlord’s approval or disapproval of such Working Drawings and pallet, and Tenant’s response thereto, shall follow the procedure (including deemed disapproval) described in Subsection (i) above with respect to the space plan. All items finally approved by Landlord pursuant to this Paragraph 2(b) are referred to herein collectively as “Tenant’s Plans”. Once approved by Landlord, no changes shall be made to Tenant’s Plans without the prior written approval of Landlord in each instance. Landlord's approval of Tenant's Plans shall not constitute an opinion or agreement by Landlord that the same are structurally sufficient or that they are in compliance with “Legal Requirements” (hereinafter defined), nor shall such approval impose any present or future liability on Landlord or waive any of Landlord's rights hereunder. Approval by Landlord of Tenant's Plans shall not constitute a waiver by Landlord of the right to thereafter require Tenant to amend same to provide for omissions or errors therein later discovered by Landlord. Tenant at Tenant's sole cost and expense, or at Landlord's election, Landlord, in Landlord’s at Tenant's sole discretion.
(iii) Landlord has established a partial list of Minimum Building Specifications cost and expense, shall perform the appropriate filings, if necessary, with governmental agencies having jurisdiction and obtain such approvals and permits as required for Building 2 (the “Minimum Specifications”) which is attached to this Exhibit as Schedule 1, for use in the design and construction of the Tenant Improvements, provided that the Minimum Specifications is not a complete list of products, specifications and finishes to be used in the construction of the Tenant Improvements and accordingly, Tenant shall cause to be described in the Working Drawings all products, specifications and finishes to be used in the construction work depicted on Tenant's Plans. Original prints of the Tenant Improvements which are not otherwise listed on, or which deviate from, the Minimum Specifications, all of which Tenant's Plans bearing necessary government approvals shall be subject to the property of Landlord’s approval in Landlord’s sole discretion. Unless otherwise expressly agreed to by Landlord, the portion of the Tenant Improvements pertaining to the products, specifications and finishes specified in the Minimum Specifications shall comply with the Minimum Specifications.
Appears in 1 contract
Samples: Lease Agreement (Digital Cinema Destinations Corp.)
Tenant’s Plans. (i) Tenant shall diligently pursue have prepared, using a space planner designated by Tenant, at Tenant's expense, and shall deliver to Landlord for its approval (which shall not be unreasonably withheld) one mylar and two blackline prints of the preparation complete and final descriptive information and drawings described in Paragraph E 1 of all drawingsExhibit "E" hereto and three (3) copies of the specifications, prepared by such space planner ("Tenant's Layout Plans") for the construction and finishing of the Premises for Tenant's occupancy. Tenant's plans shall be signed and sealed by an architect licensed by and registered in the Commonwealth of Pennsylvania. Tenant's Layout Plans shall conform to the plans and specifications for heretofore submitted by Tenant Improvements in accordance with this Paragraph 2(b). All such plansand applicable laws and requirements of public authorities and shall designate, drawings among other things, the locations of and specifications shall for all plumbing, electrical and mechanical equipment to be performed by an architect and/or engineer (as applicable) reasonably acceptable to Landlord and Tenant, and shall include the following: (i) a space plan for installed in the Premises; (ii) complete architectural, engineering all partitions, doors, lighting fixtures, electric receptacles and switches, telephone outlets and special air conditioning, floor coverings and other plans for the Tenant Improvements; and (iii) a list of tenant improvement building standards for interior design, including a schedule (e.g. color palate, material board and spec sheets) of all interior color and finishes. Items (ii) and (iii) above are collectively referred improvements to herein as “Working Drawings”. The space plan and Working Drawings shall comply with all applicable regulations, laws, ordinances, codes and rules. Tenant shall submit its space plan to Landlord, for review and approval in Landlord’s sole discretion. Within ten (10) business days after such submission, Landlord shall either approve or disapprove the space plan. Tenant shall make any changes necessary in order to correct any item identified by Landlord as grounds for its disapproval, and shall resubmit the correct space plan to Landlord within ten (10) business days after Landlord’s disapproval. Within ten (10) business days after Landlord received the revised space plan, Landlord shall approve or disapprove it. This procedure shall be repeated until the space plan is finally approved by Landlord and written approval has been delivered to Tenant. If Landlord fails to approve or disapprove any submission within the required time period Landlord shall be deemed to have disapproved such submission. Landlord has approved the space plan for Building 2, a copy of which is attached hereto as Schedule 2 (the “Building 2 Space Plan”), subject to Landlord’s right to review and approve the Working Drawings, interior color and finishes, materials, specifications, and other items pursuant to Paragraph 2(b)(ii) and (iii) below, and further subject to compliance and conformance with the Minimum Specifications (as defined in Paragraph 2(b)(iii) below).
(ii) Within twenty-one (21) days after Landlord has finally approved Tenant’s space plan, Tenant shall submit its Working Drawings and a pallet of interior colors and finishes to Landlord for Landlord’s review and approval, in Landlord’s sole discretion. Landlord’s approval or disapproval of such Working Drawings and pallet, and Tenant’s response thereto, shall follow the procedure (including deemed disapproval) described in Subsection (i) above with respect to the space plan. All items finally approved by Landlord pursuant to this Paragraph 2(b) are referred to herein collectively as “Tenant’s Plans”. Once approved installed by Landlord, no changes shall be made to . Tenant’s 's Layout Plans without the prior written approval of Landlord, in Landlord’s sole discretion.
(iii) Landlord has established a partial list of Minimum Building Specifications for Building 2 (the “Minimum Specifications”) which is attached to this Exhibit as Schedule 1, for use in the design and construction of the Tenant Improvements, provided that the Minimum Specifications is not a complete list of products, specifications and finishes to be used in the construction of the Tenant Improvements and accordingly, Tenant shall cause to be described in the Working Drawings all products, specifications and finishes to be used in the construction of the Tenant Improvements which are not otherwise listed on, or which deviate from, the Minimum Specifications, all of which shall be subject to Landlord’s 's review and approval, which approval in Landlord’s sole discretion. Unless otherwise expressly agreed shall not be unreasonably withheld, and shall be deemed modified to take account of any changes reasonably required by Landlord. Concurrently with delivery of Tenant's Layout Plans to Landlord, Tenant shall by notice to Landlord in writing designate a single individual who Tenant agrees shall be available to meet and consult with Landlord at the portion Premises as Tenant's representative respecting the matters which are the subject of this Article 8 and who, as between Landlord and Tenant, shall have the Tenant Improvements pertaining power to legally bind Tenant, in making requests for changes, giving approval of plans or work, giving directions to Landlord or the productslike, specifications and finishes specified in the Minimum Specifications shall comply with the Minimum Specificationsunder this Article 8.
Appears in 1 contract
Samples: Lease Agreement (Traffic.com, Inc.)
Tenant’s Plans. (i) Tenant shall diligently pursue the preparation of all drawings, plans and specifications for Tenant Improvements in accordance with this Paragraph 2(b). All such plans, drawings and specifications shall be performed by an architect and/or engineer (as applicable) reasonably If Tenant's Preliminary Plans are not acceptable to Landlord and Tenant, and shall include the following: (i) a space plan for the Premises; (ii) complete architectural, engineering and other plans for the Tenant Improvements; and (iii) a list of tenant improvement building standards for interior design, including a schedule (e.g. color palate, material board and spec sheets) of all interior color and finishes. Items (ii) and (iii) above are collectively referred to herein as “Working Drawings”. The space plan and Working Drawings shall comply with all applicable regulations, laws, ordinances, codes and rules. Tenant shall submit its space plan to Landlord, for review Landlord will so notify Tenant with required changes noted. If Landlord so notifies Tenant of any required change to the Preliminary Plans, Tenant will cause the same to be revised and approval in Landlord’s sole discretion. Within ten (10) business days after such submission, Landlord shall either approve or disapprove the space plan. Tenant shall make any changes necessary in order to correct any item identified by Landlord as grounds for its disapproval, and shall resubmit the correct space plan resubmitted to Landlord within ten (10) business 7 days after Landlord’s disapprovalreceipt of such notice. Within ten (10) business 15 days after Landlord received notifies Tenant of Landlord's approval of the revised space planPreliminary Plans, Tenant, at its expense, will cause the Construction Documents to be prepared and submitted to Landlord shall approve or disapprove itfor its approval. This procedure shall be repeated until The Construction Documents must strictly conform to the space plan is finally Preliminary Plans approved by Landlord and written must be in all respects sufficient for the purpose of obtaining a building permit for Tenant's Work. If required by Landlord, Tenant will cause the Construction Documents to be resubmitted to Landlord for its approval has been delivered within 7 days after Landlord notifies Tenant of any required changes. Tenant's Work will not commence prior to TenantLandlord's approval of the Construction Documents. If Landlord fails to approve deliver to Tenant Landlord's written approval or disapprove any submission its written request for revisions within the required time period Landlord shall be deemed to have disapproved such submission. Landlord has approved the space plan for Building 2, a copy of which is attached hereto as Schedule 2 (the “Building 2 Space Plan”), subject to Landlord’s right to review and approve the Working Drawings, interior color and finishes, materials, specifications, and other items pursuant to Paragraph 2(b)(ii) and (iii) below, and further subject to compliance and conformance with the Minimum Specifications (as defined in Paragraph 2(b)(iii) below).
(ii) Within twenty-one (21) five business days 15 days after Landlord has finally approved Tenant’s space planreceives any submittal by Tenant of Preliminary Plans, Construction Documents or any required revisions to them, Tenant shall submit its Working Drawings will receive a credit against Base Rent beginning on the Commencement Date equal to one day's Base Rent for each day subsequent to the fifth business day 15th day after Tenant's submittal until the day of Landlord's response. Except as provided in Paragraph 2 above, no delays in the design, or performance of Tenant's Work will change the Start Date or the Commencement Date. Upon completion of Tenant's Work, Tenant will provide Landlord a complete set of reproducible as-built plans of the Premises. If Tenant fails to provide such plans, Landlord may obtain them, directly or by field verification, and charge Tenant for all costs incurred by Landlord in doing so. No approval by Landlord of the Preliminary Plans, the Construction Documents or any revisions to them will constitute a pallet of interior colors and finishes representation or warranty by Landlord as to Landlord for Landlord’s review and approval, in Landlord’s sole discretion. Landlord’s approval the adequacy or disapproval sufficiency of such Working Drawings and palletplans, and Tenant’s response theretoor the improvements to which they relate, shall follow for any use, purpose or condition, but such approval will merely be the procedure (including deemed disapproval) described in Subsection (i) above with respect consent of Landlord to the space plan. All items finally approved by Landlord pursuant to this Paragraph 2(b) are referred to herein collectively as “Tenant’s Plans”. Once approved by Landlord, no changes shall be made to Tenant’s Plans without the prior written approval construction or installation of Landlord, in Landlord’s sole discretion.
(iii) Landlord has established a partial list of Minimum Building Specifications for Building 2 (the “Minimum Specifications”) which is attached to this Exhibit as Schedule 1, for use improvements in the design and construction of the Tenant Improvements, provided that the Minimum Specifications is not a complete list of products, specifications and finishes Premises according to be used in the construction of the Tenant Improvements and accordingly, Tenant shall cause to be described in the Working Drawings all products, specifications and finishes to be used in the construction of the Tenant Improvements which are not otherwise listed on, or which deviate from, the Minimum Specifications, all of which shall be subject to Landlord’s approval in Landlord’s sole discretion. Unless otherwise expressly agreed to by Landlord, the portion of the Tenant Improvements pertaining to the products, specifications and finishes specified in the Minimum Specifications shall comply with the Minimum Specificationssuch plans.
Appears in 1 contract
Tenant’s Plans. Tenant shall prepare at Tenant's expense and, not later than September 15, 1999, shall deliver to Landlord one mylar and two black line prints of complete and final architectural working drawings (which shall be 1/8" scale) and three copies of specifications and two (2) non-copyrighted CADD disks, prepared by an architect or space planner approved by Landlord ("Tenant's Layout Plans") for the construction and finishing of the Premises for Tenant's occupancy. Tenant's Layout Plans shall (i) Tenant shall diligently pursue include the preparation layout of all drawingsTenant's furniture, plans fixtures and equipment, (ii) include electrical and heat specifications for Tenant Improvements in accordance with this Paragraph 2(b). All such plansall of Tenant's fixtures and equipment, drawings (iii) be signed and specifications shall be performed sealed by an architect and/or engineer (as applicable) reasonably acceptable to Landlord licensed by and Tenantregistered in the State of Colorado, and shall include the following: (iiv) a space plan for the Premises; (ii) complete architectural, engineering and other plans for the Tenant Improvements; and (iii) a list of tenant improvement building standards for interior design, including a schedule (e.g. color palate, material board and spec sheets) of all interior color and finishes. Items (ii) and (iii) above are collectively referred conform to herein as “Working Drawings”. The space plan and Working Drawings shall comply with all applicable regulations, laws, ordinances, codes laws and rulesrequirements of public authorities and insurance underwriters' requirements. Tenant shall submit its space plan to Landlord, for review and approval in Landlord’s sole discretion. Within ten (10) business days after such submission, Landlord shall either approve or disapprove the space plan. Tenant shall make any changes necessary in order to correct any item identified by Landlord as grounds for its disapproval, and shall resubmit the correct space plan to Landlord within ten (10) business days after Landlord’s disapproval. Within ten (10) business days after Landlord received the revised space plan, Landlord shall approve or disapprove it. This procedure shall be repeated until the space plan is finally approved by Landlord and written approval has been delivered to Tenant. If Landlord fails to approve or disapprove any submission within the required time period Landlord shall be deemed to have disapproved such submission. Landlord has approved the space plan for Building 2, a copy of which is attached hereto as Schedule 2 (the “Building 2 Space Plan”), subject to Landlord’s right to review and approve the Working Drawings, interior color and finishes, materials, specifications, and other items pursuant to Paragraph 2(b)(ii) and (iii) below, and further subject to compliance and conformance with the Minimum Specifications (as defined in Paragraph 2(b)(iii) below).
(ii) Within twenty-one (21) days after Landlord has finally approved Tenant’s space plan, Tenant shall submit its Working Drawings and a pallet of interior colors and finishes to Landlord for Landlord’s review and approval, in Landlord’s sole discretion. Landlord’s approval or disapproval of such Working Drawings and pallet, and Tenant’s response thereto, shall follow the procedure (including deemed disapproval) described in Subsection (i) above with respect to the space plan. All items finally approved by Landlord pursuant to this Paragraph 2(b) are referred to herein collectively as “Tenant’s Plans”. Once approved by Landlord, no changes shall be made to Tenant’s 's Layout Plans without the prior written approval of Landlord, in Landlord’s sole discretion.
(iii) Landlord has established a partial list of Minimum Building Specifications for Building 2 (the “Minimum Specifications”) which is attached to this Exhibit as Schedule 1, for use in the design and construction of the Tenant Improvements, provided that the Minimum Specifications is not a complete list of products, specifications and finishes to be used in the construction of the Tenant Improvements and accordingly, Tenant shall cause to be described in the Working Drawings all products, specifications and finishes to be used in the construction of the Tenant Improvements which are not otherwise listed on, or which deviate from, the Minimum Specifications, all of which shall be subject to Landlord’s 's review and written approval, which approval in Landlord’s sole discretion. Unless otherwise expressly agreed shall not be unreasonably withheld, and such plans shall be deemed modified to take account of any changes reasonably required by Landlord, the portion of the Tenant Improvements pertaining to the products, specifications . Tenant's Layout Plans as approved by Landlord and finishes specified in the Minimum Specifications shall comply with the Minimum Specificationsaforesaid modifications, if any, are herein called the "Final Layout Plans". Concurrently with delivery of Tenant's Layout Plans to Landlord, Tenant shall by notice to Landlord in writing designate a single individual who Tenant agrees shall be available to meet and consult with Landlord at the Premises as Tenant's representative respecting the matters which are the subject of this Paragraph 3 and who, as between Landlord and Tenant, shall have the power to legally bind Tenant, in making requests for changes, giving approval of plans or work, giving directions to Landlord or the like, under this Paragraph 3; and any notice or delivery given to such person personally or at his place of business shall have the same effect as a notice or delivery given to Tenant.
Appears in 1 contract
Samples: Lease Agreement (Kbkids Com Inc)
Tenant’s Plans. (ia) Prior to September 30, 2012, Tenant shall diligently pursue deliver to Landlord four (4) copies signed by Tenant of its proposed space plan for the preparation of all drawings, plans and specifications for Tenant Improvements in accordance with this Paragraph 2(b)Premises (the “Proposed Space Plan”) before any architectural working drawings or engineering drawings have been commenced. All such plans, drawings and specifications The Proposed Space Plan shall be performed prepared by an Tenant’s architectural services or by another architect and/or engineer (as applicable) reasonably mutually acceptable to Landlord and Tenant. Landlord may request clarification or more specific drawings for special use items not included in the Proposed Space Plan. Landlord shall deliver written notice to Tenant within twenty (20) Business Days after Landlord’s receipt of the Proposed Space Plan specifying whether the submitted Proposed Space Plan is unsatisfactory or incomplete in any respect and providing a reasonably detailed explanation for any disapproval. If Landlord objects to any aspect of the Proposed Space Plan, Tenant shall cause the Proposed Space Plan to be revised to correct any deficiencies or other matters Landlord may reasonably require and submit the revised space plan to Landlord for its approval no later than ten (10) Business Days after Landlord delivers its advice. Within five (5) Business Days after Landlord receives the revised space plan, Landlord shall approve or disapprove such revised space plan by written notice to Tenant. This procedure shall be repeated until Tenant’s space plan is finally approved by Landlord and written approval has been delivered to Tenant. If Landlord fails to notify Tenant of any approval or disapproval of the Proposed Space Plan within the applicable time period provided above, and if such failure continues for three (3) Business Days following a second notice from Tenant given following the expiration of the applicable time period (which notice must contain the caption “NOTICE OF DEEMED APPROVAL OF TENANT’S PROPOSED SPACE PLAN” in bold face, 12-point type), then Landlord shall include be deemed to have approved the following: (i) a Proposed Space Plan. The approved space plan for the Premises; (ii) complete architectural, engineering and other plans for the Tenant Improvements; and (iii) a list of tenant improvement building standards for interior design, including a schedule (e.g. color palate, material board and spec sheets) of all interior color and finishes. Items (ii) and (iii) above are collectively is referred to herein as the “Working DrawingsFinal Space Plan”. The space plan and Working Drawings Once approved by Landlord, no material changes shall comply with all applicable regulationsbe made to the Final Space Plan without the prior written approval of Landlord, laws, ordinances, codes and rulesin Landlord’s reasonable discretion. Tenant acknowledges that if Tenant’s Cash and Equivalents are below the Credit Standard at the time Landlord’s approval is requested, it would be reasonable for Landlord to condition its approval with respect to any part of Tenant’s Work which Landlord requires to be removed and restored pursuant to Paragraph 8 below upon an increase in the LC Amount by an amount equal to Landlord’s reasonable estimate of the cost of removing the improvements contemplated by the requested change and restoring the Premises.
(b) Within four (4) months after the Final Space Plan has been approved by Landlord, Tenant’s architect and/or engineers shall submit its space plan to Landlord, for Landlord’s review and approval in its reasonable discretion, complete architectural, mechanical, electrical, plumbing, and other plans, specifications and working drawings for the Premises, together with a pallet of interior colors and finishes, in conformity with the Final Space Plan and in compliance with Tenant Improvement Minimum Building Standards. The plans, specifications and working drawings shall be prepared by Tenant’s architectural services or by another architect mutually acceptable to Landlord and Tenant and shall comply with Landlord’s sole discretionPlans, including, without limitation, those elements included therein which are tenant improvements hereunder (e.g. roof screens, placement of bathroom cores, elevators, lobbies and mechanical outside air supply ducts). Within ten twenty (1020) business days Business Days after Tenant’s submission of such submissionmaterials to Landlord, Landlord shall either approve or disapprove the space plansuch items by written notice to Tenant, which written notice shall provide a reasonably detailed explanation for any disapproval. Tenant shall make any changes necessary in order to correct any item identified by Landlord as grounds for its disapproval, and shall resubmit the correct corrected space plan plan, supporting drawings and specifications and pallet to Landlord within ten (10) business days after Landlord’s disapproval. Within ten (10) business days Business Days after Landlord received receives the revised space planitems, Landlord shall approve or disapprove itthem by written notice to Tenant. This procedure shall be repeated until the space plan is plans, specifications, working drawings and pallet of interior colors and finishes are finally approved by Landlord and written approval has been delivered to Tenant. If Landlord fails to approve notify Tenant of any approval or disapprove any submission disapproval of the proposed plans, drawings, specifications and pallet of interior colors and finishes within the required applicable time period provided above, and if such failure continues for three (3) Business Days following a second notice from Tenant given following the expiration of the applicable time period (which notice must contain the caption “NOTICE OF DEEMED APPROVAL OF TENANT’S PROPOSED PLANS, DRAWINGS, SPECIFICATIONS AND PALLET OF INTERIOR COLORS AND FINISHES” in bold face, 12-point type), then Landlord shall be deemed to have disapproved such submission. Landlord has approved the space plan for Building 2proposed plans, a copy drawings, specifications and pallet of which is attached hereto as Schedule 2 (the “Building 2 Space Plan”), subject to Landlord’s right to review and approve the Working Drawings, interior color colors and finishes. The plans, materialsdrawings, specifications, specifications and other items pursuant to Paragraph 2(b)(ii) and (iii) below, and further subject to compliance and conformance with the Minimum Specifications (as defined in Paragraph 2(b)(iii) below).
(ii) Within twenty-one (21) days after Landlord has finally approved Tenant’s space plan, Tenant shall submit its Working Drawings and a pallet of interior colors and finishes to Landlord for Landlord’s review and approval, in Landlord’s sole discretion. Landlord’s approval or disapproval of such Working Drawings and pallet, and Tenant’s response thereto, shall follow the procedure (including deemed disapproval) described in Subsection (i) above with respect to the space plan. All items finally Work which are approved by Landlord pursuant to this Paragraph 2(b) 7 are referred to herein collectively as “Tenant’s Plans”. Once approved by Landlord, no material changes shall be made to Tenant’s Plans without the prior written approval of Landlord, in Landlord’s sole reasonable discretion. Tenant shall include provisions in its contracts with its design professionals which expressly allow Landlord to use any and all of the plans and specifications for Tenant’s Work without any additional cost or payment if the Lease is terminated subject to Landlord agreeing to indemnify the design professional in question if Landlord elects to use the plans and specifications without retaining such design professional to complete the plans and specifications for that portion of the Tenant’s Work covered by the contract in question.
(iiic) Landlord has established a partial list of Minimum Building Specifications for Building 2 (the “Minimum Specifications”) which is attached to this Exhibit as Schedule 1All requests, for use in the design and construction of the Tenant Improvementsresponses, provided that the Minimum Specifications is not a complete list of productsplans, specifications and finishes other materials submitted by Tenant or Landlord to be used in the construction of the Tenant Improvements and accordingly, Tenant shall cause other pursuant to be described in the Working Drawings all products, specifications and finishes to be used in the construction of the Tenant Improvements which are not otherwise listed on, or which deviate from, the Minimum Specifications, all of which this Paragraph 7 shall be subject to Landlord’s approval submitted in Landlord’s sole discretion. Unless otherwise expressly agreed to by Landlordboth hard copy and reasonably acceptable reproducible, the portion of the Tenant Improvements pertaining to the products, specifications and finishes specified in the Minimum Specifications shall comply with the Minimum Specificationselectronic format.
Appears in 1 contract
Samples: Lease Agreement (Synopsys Inc)
Tenant’s Plans. (i) In connection with the performance of the work necessary to prepare the 4th Floor Premises for Tenant's occupancy (the "4TH FLOOR WORK"), Tenant shall diligently pursue the preparation of all drawings, plans and specifications for Tenant Improvements in accordance with this Paragraph 2(b). All such plans, drawings and specifications shall be performed by an architect and/or engineer (as applicable) reasonably acceptable submit to Landlord for Landlord's approval (A) the name of and other reasonably requested information regarding Tenant's proposed architect and HVAC and MEP engineers; (B) on or before the 4th Floor Design/Development Plans Delivery Date, a set of design/development plans sufficient for Landlord to TOLERRX LEASE / BUILDING 300 / EXECUTION VERSION approve Tenant's proposed design of the 4th Floor Premises (the "4TH FLOOR DESIGN/DEVELOPMENT PLANS"), (C) on or before the 4th Floor Permit Plans Delivery Date, an initial set of permit plans sufficient to permit Tenant to commence the 4th Floor Work ("4TH FLOOR PERMIT PLANS"), and shall include (D) on or before the following: 4th Floor Final Construction Drawings Delivery Date, a full set of construction drawings (i"4TH FLOOR FINAL CONSTRUCTION DRAWINGS") a space plan for the Premises; (ii) complete architectural4th Floor Work. The 4th Floor Design/Development Plans, engineering the 4th Floor Permit Plans and other plans for the Tenant Improvements; and (iii) a list of tenant improvement building standards for interior design, including a schedule (e.g. color palate, material board and spec sheets) of all interior color and finishes. Items (ii) and (iii) above 4th Floor Final Construction Drawings are collectively referred to herein as “Working the "4th FLOOR PLANS." Landlord's approval of the 4th Floor Design/Development Plans and the 4th Floor Permit Plans (and the 4th Floor Final Construction Drawings”. The space plan and Working , provided that the 4th Floor Final Construction Drawings are consistent with the 4th Floor Permit Plans), shall not be unreasonably withheld, conditioned or delayed provided the same comply with all applicable regulationsthe requirements to avoid aesthetic or other conflicts with the design and function of the balance of the Building and the Condominium. Landlord's approval is solely given for the benefit of Landlord under this Section 4.2 and neither Tenant nor any third party shall have the right to rely upon Landlord's approval of the 4th Floor Plans for any other purpose whatsoever. Without limiting the foregoing, laws, ordinances, codes and rules. Tenant shall submit its space plan to Landlordbe responsible for all elements of the design of the 4th Floor Plans (including, for review without limitation, compliance with Legal Requirements, functionality of design, the structural integrity of the design, the configuration of the 4th Floor Premises and approval in Landlord’s sole discretion. Within ten (10) business days after such submissionthe placement of Tenant's furniture, Landlord shall either approve or disapprove the space plan. Tenant shall make any changes necessary in order to correct any item identified by Landlord as grounds for its disapprovalappliances and equipment), and Landlord's approval of the 4th Floor Plans shall resubmit in no event relieve Tenant of the correct space plan responsibility therefor. Landlord agrees to Landlord respond to any request for approval of the 4th Floor Design/Development Plans within ten (10) business days after Landlord’s disapproval. Within ten of receipt thereof, the 4th Floor Permit Plans within fifteen (1015) business days after Landlord received of receipt thereof and the revised space plan, Landlord shall approve or disapprove it. This procedure shall be repeated until the space plan is finally approved by Landlord and written approval has been delivered to Tenant. If Landlord fails to approve or disapprove any submission 4th Floor Final Construction Drawings within the required time period Landlord shall be deemed to have disapproved such submission. Landlord has approved the space plan for Building 2, a copy fifteen (15) days of which is attached hereto as Schedule 2 (the “Building 2 Space Plan”), subject to Landlord’s right to review and approve the Working Drawings, interior color and finishes, materials, specifications, and other items pursuant to Paragraph 2(b)(ii) and (iii) below, and further subject to compliance and conformance with the Minimum Specifications (as defined in Paragraph 2(b)(iii) below)receipt thereof.
(ii) Within twenty-one In connection with the performance of the work necessary to prepare the 3rd Floor Premises for Tenant's occupancy (21) days after Landlord has finally approved Tenant’s space planthe "3RD FLOOR WORK"), Tenant shall submit its Working Drawings and a pallet of interior colors and finishes to Landlord for Landlord’s review 's approval (A) the name of and approvalother reasonably requested information regarding Tenant's proposed architect and HVAC and MEP engineers; (B) on or before the 3rd Floor Design/Development Plans Delivery Date, in Landlord’s sole discretion. Landlord’s approval a set of design/development plans sufficient for Landlord to approve Tenant's proposed design of the 3rd Floor Premises (the "3RD FLOOR DESIGN/DEVELOPMENT PLANS"), (C) on or disapproval before the 3rd Floor Permit Plans Delivery Date, an initial set of such Working Drawings and palletpermit plans sufficient to permit Tenant to commence the 3rd Floor Work ("3RD FLOOR PERMIT PLANS"), and Tenant’s response thereto(D) on or before the 3rd Floor Final Construction Drawings Delivery Date, shall follow a full set of construction drawings ("3RD FLOOR FINAL CONSTRUCTION DRAWINGS") for the procedure (including deemed disapproval) described in Subsection (i) above with respect to 0xx Xxxxx Xxxx. Xxx 0xx Xxxxx Design/Development Plans, the space plan. All items finally approved by Landlord pursuant to this Paragraph 2(b) 3rd Floor Permit Plans and the 3rd Floor Final Construction Drawings are collectively referred to herein collectively as “Tenant’s the "3RD FLOOR PLANS." Landlord's approval of the 3rd Floor Design/Development Plans and the 3rd Floor Permit Plans (and the 3rd Floor Final Construction Drawings, provided that the 3rd Floor Final Construction Drawings are consistent with the 3rd Floor Permit Plans”), shall not be unreasonably withheld, conditioned or delayed provided the same (1) comply with the requirements to avoid aesthetic or other conflicts with the design and function of the balance of the Building and the Condominium, and (2) are compatible with the design and function of the 4th Floor Premises. Once approved by Landlord's approval is solely given for the benefit of Landlord under this Section 4.2 and neither Tenant nor any third party shall have the right to rely upon Landlord's approval of the 3rd Floor Plans for any other purpose whatsoever. Without limiting the foregoing, no changes Tenant shall be made to responsible for all elements of the design of the 3rd Floor Plans (including, without limitation, compliance with Legal Requirements, functionality of design, the structural integrity of the design, the configuration of the 3rd Floor Premises and the placement of Tenant’s Plans without the prior written 's furniture, appliances and equipment), and Landlord's approval of Landlordthe 3rd Floor Plans shall in no event relieve Tenant of the responsibility therefor. Landlord agrees to respond to any request for approval of the 3rd Floor Design/Development Plans within ten (10) days of receipt thereof, in Landlord’s sole discretion.the 3rd Floor Permit Plans within fifteen (15) days of receipt thereof and the 3rd Floor Final Construction Drawings within fifteen (15) days of receipt thereof. TOLERRX LEASE / BUILDING 300 / EXECUTION VERSION
(iii) Landlord has established a partial list of Minimum Building Specifications for Building 2 (The 4th Floor Work and the “Minimum Specifications”) which is attached 3rd Floor Work are hereinafter collectively referred to this Exhibit as Schedule 1, for use in the design and construction of the Tenant Improvements, provided that the Minimum Specifications is not a complete list of products, specifications and finishes to be used in the construction of the Tenant Improvements and accordingly, Tenant shall cause to be described in the Working Drawings all products, specifications and finishes to be used in the construction of the Tenant Improvements which are not otherwise listed on, or which deviate from, the Minimum Specifications, all of which shall be subject to Landlord’s approval in Landlord’s sole discretion. Unless otherwise expressly agreed to by Landlord, the portion of the Tenant Improvements pertaining to the products, specifications and finishes specified in the Minimum Specifications shall comply with the Minimum Specifications"TENANT'S WORK."
Appears in 1 contract
Samples: Lease Agreement (Tolerrx Inc)
Tenant’s Plans. (i) Tenant shall diligently pursue the preparation of all drawingsis currently preparing, at its sole cost and expense, plans and specifications for the improvements Tenant Improvements desires to make in accordance connection with this Paragraph 2(bTenant's occupancy of the Premises (the "TENANT'S PLANS"). All such plans, drawings and specifications Tenant's Plans shall be performed by an architect and/or engineer (as applicable) reasonably acceptable submitted to Landlord for its approval no later than eight (8) weeks after the date hereof and the Landlord shall approve or disapprove of Tenant's Plans within) five (5) Business Days of receiving them. Any disapproval by the Landlord of Tenant's Plans shall be accompanied by a reasonably specific statement of reasons therefor. At the Tenant's sole cost and expense, the Tenant shall cause the Tenant's Plans to be revised in a manner sufficient to remedy the Landlord's reasonable objections and/or respond to the Landlord's reasonable concerns and for such revised plans to be redelivered to the Landlord, and shall include the following: (i) a space plan for the Premises; (ii) complete architectural, engineering and other plans for the Tenant Improvements; and (iii) a list of tenant improvement building standards for interior design, including a schedule (e.g. color palate, material board and spec sheets) of all interior color and finishes. Items (ii) and (iii) above are collectively referred to herein as “Working Drawings”. The space plan and Working Drawings shall comply with all applicable regulations, laws, ordinances, codes and rules. Tenant shall submit its space plan to Landlord, for review and approval in Landlord’s sole discretion. Within ten (10) business days after such submission, Landlord shall either approve or disapprove the space planTenant's revised plans within two (2) Business Days following the date of submission. If the Landlord shall again disapprove Tenant's Plans, the Tenant shall make any changes necessary in order revise such plans and redeliver them to correct any item identified the Landlord pursuant to the prior two sentences until the Tenant's Plans have been approved by Landlord as grounds for its disapprovalthe Landlord. The Tenant's Plans shall be stamped by a Massachusetts-registered architect and engineer, such architect and engineer being subject to the Landlord's reasonable approval, which shall not be unreasonably withheld or delayed, and shall resubmit comply with all applicable laws, ordinances and regulations (including, without limitation, the correct space plan to Landlord within ten (10applicable requirements of the Americans with Disabilities Act of 1990, and the regulations promulgated thereunder) business days after Landlord’s disapproval. Within ten (10) business days after Landlord received the revised space plan, Landlord shall approve or disapprove it. This procedure and shall be repeated until in a form satisfactory to appropriate governmental authorities responsible for issuing permits, approvals and licenses required for construction. The Landlord will not approve any alterations or additions requiring unusual expense to readapt the space plan is finally approved by Landlord Premises to normal office, research and written approval has been delivered development or laboratory use on termination of this Lease or increasing the cost of insurance on the Building, unless the Tenant first gives assurances acceptable to Tenant. If Landlord fails to approve or disapprove any submission within the required time period Landlord shall be deemed to have disapproved such submission. Landlord has approved the space plan for Building 2, a copy of which is attached hereto as Schedule 2 (the “Building 2 Space Plan”), subject to Landlord’s right to review and approve the Working Drawings, interior color and finishes, materials, specifications, and other items pursuant to Paragraph 2(b)(ii) and (iii) below, and further subject to compliance and conformance with the Minimum Specifications (as defined in Paragraph 2(b)(iii) below).
(ii) Within twenty-one (21) days after Landlord has finally approved Tenant’s space plan, Tenant shall submit its Working Drawings and a pallet of interior colors and finishes to Landlord for Landlord’s review and approval, in Landlord’s sole discretion. Landlord’s approval or disapproval payment of such Working Drawings increased cost and pallet, and Tenant’s response thereto, shall follow the procedure (including deemed disapproval) described in Subsection (i) above with respect that such re-adaptation will be made prior to such termination without expense to the space planLandlord. All items finally approved by Landlord pursuant to this Paragraph 2(b) are referred to herein collectively as “Tenant’s Plans”. Once approved by Landlord, no changes shall be made to Tenant’s Plans without the prior written The approval of Landlord, in Landlord’s sole discretion.
(iii) Landlord has established a partial list of Minimum Building Specifications for Building 2 (the “Minimum Specifications”) which is attached to this Exhibit as Schedule 1, for use in the design and construction of the Tenant Improvements, provided that the Minimum Specifications is not a complete list of products, specifications and finishes to be used in the construction of the Tenant Improvements and accordingly, Tenant shall cause to be described in the Working Drawings all products, specifications and finishes to be used in the construction of the Tenant Improvements which are not otherwise listed on, or which deviate from, the Minimum Specifications, all of which shall be subject to Landlord’s approval in Landlord’s sole discretion. Unless otherwise expressly agreed to by Landlord, the portion of the Tenant Improvements pertaining to the products, specifications and finishes specified in the Minimum Specifications shall comply with the Minimum Specifications.any Tenant's
Appears in 1 contract
Tenant’s Plans. (i) Notwithstanding the foregoing, Tenant and its contractors shall diligently pursue not have the preparation right to perform Tenant’s Work in the Premises unless and until Tenant has complied with all of all drawingsthe terms and conditions of Article IX of the Lease, plans and specifications for Tenant Improvements in accordance with this Paragraph 2(b). All such plansincluding, drawings and specifications shall be performed without limitation, approval by an architect and/or engineer (as applicable) reasonably acceptable to Landlord and Tenant, and shall include of the following: (i) a space plan for the Premises; (ii) complete architectural, engineering and other final plans for the Tenant Improvements; and Tenant’s Work (iii) a list of tenant improvement building standards for interior design, including a schedule (e.g. color palate, material board and spec sheets) of all interior color and finishes. Items (ii“Tenant’s Plans”) and (iii) above are collectively referred the architect and contractors to herein as “Working Drawings”be retained by Tenant to perform such Tenant’s Work. The space plan In the event of any conflict between this Exhibit 2.1 and Working Drawings the provisions of Article IX, with respect to Tenant’s Work, the provisions of this Exhibit 2.1 shall comply with all applicable regulations, laws, ordinances, codes and rulescontrol. Tenant shall submit its space plan to Landlord, for review and approval in Landlord’s sole discretion. Within ten (10) business days after such submission, Landlord shall either approve or disapprove the space plan. Tenant shall make any changes necessary in order to correct any item identified by Landlord as grounds for its disapproval, and shall resubmit the correct space plan to Landlord within ten (10) business days after Landlord’s disapproval. Within ten (10) business days after Landlord received the revised space plan, Landlord shall approve or disapprove it. This procedure shall be repeated until the space plan is finally approved by Landlord and written approval has been delivered to Tenant. If Landlord fails to approve or disapprove any submission within the required time period Landlord shall be deemed to have disapproved such submission. Landlord has approved the space plan for Building 2, a copy of which is attached hereto as Schedule 2 (the “Building 2 Space Plan”), subject to Landlord’s right to review and approve the Working Drawings, interior color and finishes, materials, specifications, and other items pursuant to Paragraph 2(b)(ii) and (iii) below, and further subject to compliance and conformance with the Minimum Specifications (as defined in Paragraph 2(b)(iii) below).
(ii) Within twenty-one (21) days after Landlord has finally approved Tenant’s space plan, Tenant shall submit its Working Drawings and a pallet of interior colors and finishes to Landlord for Landlord’s review approval an initial set of plans, progress plans from time to time, and approvala full set of construction plans for Tenant’s Work. Tenant’s Work and Tenant’s Plans shall comply with the requirements of this Lease, in Landlordincluding, without limitation Exhibit 2.1-4. Tenant shall be responsible for all elements of the design of Tenant’s sole discretion. plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Premises and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval of Tenant’s plans shall in no event relieve Tenant of the responsibility for such design. Landlord assumes no responsibility or disapproval liability whatsoever to Tenant or to any other person or entity for the suitability of such Working Drawings and palletthe Plans for their intended purpose or compliance with applicable Legal Requirements. Unless otherwise expressly agreed to by Landlord in writing, Tenant’s plans shall be consistent with the Building’s standards for leasehold improvements. Provided that Tenant’s Plans contain at least the information required by, and conform to the requirements of Exhibit 2.1-4, Landlord’s approval of the Plans shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Landlord may grant or withhold its consent in its sole discretion to Tenant’s response thereto, shall follow the procedure (including deemed disapproval) described in Subsection (i) above with respect to the space plan. All items finally approved by Landlord pursuant to this Paragraph 2(b) are referred to herein collectively as “Plans for Tenant’s Plans”Work that adversely impact or affect the Building exterior, structure, roof or base building systems or the design aesthetics of the Building. Once approved by Landlord, no No material changes shall be made to Tenant’s Plans approved by Landlord without the Landlord’s prior written approval of Landlord, in Landlord’s sole discretion.
(iii) consent. Landlord has established a partial list of Minimum Building Specifications for Building 2 (agrees to review and provide comments on the “Minimum Specifications”) which is attached to this Exhibit as Schedule 1, for use layout contained in the design development set of Plans within ten (10) business days of receipt, unless additional third party review of structural or mechanical, electrical or plumbing systems is reasonably required, in which event the time period for review of those elements shall be reasonably extended. If Landlord reasonably disapproves of such layout, then Tenant shall promptly have the design development Plans revised by its architect to incorporate all objections and construction conditions presented by Landlord and shall resubmit such plans to Landlord. Upon approval of the Tenant Improvements, provided that the Minimum Specifications is not a complete list of products, specifications and finishes to be used in the construction of the Tenant Improvements and accordinglydesign development Plans, Tenant shall cause prepare construction level Plans and Landlord agrees to be described in review and provide comments on such Plans within ten (10) business days of receipt. If Landlord disapproves of any Plans, then Tenant shall promptly have the Working Drawings Plans revised by its architect to incorporate all products, specifications objections and finishes conditions presented by Landlord and shall resubmit such plans to be used in the construction of the Tenant Improvements which are not otherwise listed on, or which deviate from, the Minimum Specifications, all of which Landlord. Such process shall be subject to Landlord’s approval in Landlord’s sole discretion. Unless otherwise expressly agreed to followed until the Plans shall have been approved by Landlord, the portion of the Tenant Improvements pertaining to the products, specifications and finishes specified in the Minimum Specifications shall comply with the Minimum SpecificationsLandlord without objection or condition.
Appears in 1 contract
Samples: Lease Agreement (CarGurus, Inc.)
Tenant’s Plans. (i) Prior to applying for any building permit, Tenant shall diligently pursue the preparation submit to Landlord a permit set of all architectural, electrical and mechanical construction drawings, plans and specifications (“Tenant’s Plans”) necessary for Tenant Improvements in accordance with this Paragraph 2(b)the TIW. All such plans, drawings and specifications Tenant’s Plans shall be performed prepared by an architect and/or engineer (as applicable) reasonably acceptable to Landlord architectural and engineering firm selected by Tenant and all costs and expenses of preparing Tenant, and ’s Plans shall include the following: (i) a space plan for the Premises; (ii) complete architectural, engineering and other plans for the Tenant Improvements; and (iii) a list of tenant improvement building standards for interior design, including a schedule (e.g. color palate, material board and spec sheets) of all interior color and finishes. Items (ii) and (iii) above are collectively referred to herein as “Working Drawings”. The space plan and Working Drawings shall comply with all applicable regulations, laws, ordinances, codes and rules. Tenant shall submit its space plan to Landlord, for review and approval in Landlordbe Tenant’s sole discretionresponsibility. Within ten (10) business days after such submission, Landlord shall either approve or disapprove the space plan. Tenant shall make in writing of any changes necessary in order to correct any item identified by Landlord as grounds for its disapproval, and shall resubmit the correct space plan to Landlord plans submitted within ten (10) business days after of receipt of Tenant’s Plans and any additional information reasonably requested by Landlord’s disapproval. Within If Landlord fails to respond within such ten (10) business day period, Tenant shall deliver a second notice to Landlord captioned “SECOND REQUEST FOR APPROVAL,” and Landlord’s failure to respond within five (5) business days after following such second notice shall be deemed approval of the specific plan submittal, provided Tenant has delivered to Landlord received the revised space planall additional information reasonably requested by Landlord to facilitate its review. If Tenant’s Plans are disapproved by Landlord, Landlord shall approve or disapprove it. This procedure provide Tenant with specific reasons for such disapproval and the changes, that if made would make Tenant’s Plans acceptable to Landlord, and the foregoing submission process shall be repeated until the space plan is finally all such plans have been approved by Landlord. The final Tenant’s Plans as approved by Landlord shall be called the “Final Plans”. Tenant hereby acknowledges and written agrees that Landlord’s review of, and Landlord’s granting of its approval has been delivered to, any plans and specifications submitted to Tenant. If Landlord fails to approve it under this Lease shall not constitute or disapprove any submission within the required time period Landlord shall be deemed to have disapproved constitute a judgment, representation or agreement by Landlord that such submission. Landlord has approved the space plan for Building 2, a copy of which is attached hereto as Schedule 2 (the “Building 2 Space Plan”), subject to Landlord’s right to review plans and approve the Working Drawings, interior color and finishes, materials, specifications, and other items pursuant to Paragraph 2(b)(ii) and (iii) below, and further subject to compliance and conformance specifications comply with the Minimum Specifications (as defined in Paragraph 2(b)(iii) below).
(ii) Within twenty-one (21) days after Landlord has finally requirements of any legal authorities or that such plans and specifications will be approved Tenant’s space plan, Tenant by the Town of Burlington. In no event shall submit its Working Drawings and a pallet of interior colors and finishes to Landlord for Landlord’s review and approval, in Landlord’s sole discretion. Landlord’s approval of any plans, including plans for the TIW, be construed as a waiver of Landlord’s right, pursuant to Section 6.1.9 of this Lease to require removal of 2892369_8 any installations, alterations or disapproval improvements at end of such Working Drawings the Term. Tenant shall pay any and pallet, all third party fees and Tenant’s response thereto, shall follow the procedure (including deemed disapproval) described in Subsection (i) above with respect to the space plan. All items finally approved expenses incurred by Landlord pursuant to this Paragraph 2(b) are referred to herein collectively as “in connection with review of Tenant’s Plans”. Once approved by Landlord, no changes shall be made to Tenant’s Plans without the prior written approval of Landlord, in Landlord’s sole discretion.
(iii) Landlord has established a partial list of Minimum Building Specifications for Building 2 (the “Minimum Specifications”) which is attached to this Exhibit as Schedule 1, for use in the design and construction of the Tenant Improvements, provided that the Minimum Specifications is not a complete list of products, specifications and finishes to be used in the construction of the Tenant Improvements and accordingly, Tenant shall cause not be permitted to be described commence the TIW until Tenant has delivered the certificates of insurance evidencing builder’s risk insurance coverage and the coverages set forth in the Working Drawings all products, specifications and finishes to be used in the construction Section 4.2.6 of the Tenant Improvements which are not otherwise listed on, or which deviate from, the Minimum Specifications, all of which shall be subject to Landlord’s approval in Landlord’s sole discretion. Unless otherwise expressly agreed to by Landlord, the portion of the Tenant Improvements pertaining to the products, specifications and finishes specified in the Minimum Specifications shall comply with the Minimum Specificationsthis Lease.
Appears in 1 contract
Samples: Lease Agreement (Vericel Corp)
Tenant’s Plans. (i) Tenant shall diligently pursue Tenant, at its expense, will cause the preparation of all drawings, plans Preliminary Plans to be prepared and specifications for Tenant Improvements in accordance with this Paragraph 2(b). All such plans, drawings and specifications shall be performed by an architect and/or engineer (as applicable) reasonably acceptable submitted to Landlord and Tenantfor its approval which approval will not be unreasonably withheld, and shall include conditioned or delayed. If the following: (i) a space plan for the Premises; (ii) complete architectural, engineering and other plans for the Tenant Improvements; and (iii) a list of tenant improvement building standards for interior design, including a schedule (e.g. color palate, material board and spec sheets) of all interior color and finishes. Items (ii) and (iii) above submitted materials are collectively referred to herein as “Working Drawings”. The space plan and Working Drawings shall comply with all applicable regulations, laws, ordinances, codes and rules. Tenant shall submit its space plan not acceptable to Landlord, for review and approval in Landlord’s sole discretion. Within ten Landlord will so notify Tenant within five (105) business days after such submission, Landlord shall either approve or disapprove the space plan. Tenant shall make any changes necessary in order to correct any item identified by Landlord as grounds for its disapprovalof receipt, and shall resubmit Tenant will cause the correct space plan same to be revised according to Landlord’s notice and resubmitted to Landlord within ten (10) days after receipt of such notice. Landlord will notify Tenant of its approval of any revisions to the plans within seven (7) business days after Landlord’s disapprovalof receipt. Within ten (10) business days after Landlord received notifies Tenant of Landlord’s approval of the revised space planPreliminary Plans, Tenant, at its expense, will cause the Construction Documents to be prepared and submitted to Landlord for its approval which approval shall approve not be unreasonably withheld, conditioned or disapprove itdelayed. This procedure shall be repeated until The Construction Documents must strictly conform to the space plan is finally Preliminary Plans approved by Landlord and written approval has been delivered to Tenantmust be in all respects sufficient for the purpose of obtaining a building permit for the Leasehold Improvements. If required by Landlord, Landlord fails will so notify Tenant within seven (7) business days of receipt, and Tenant will cause the Construction Documents to be resubmitted to Landlord for its approval within ten (10) days after Landlord notifies Tenant of any required changes. Construction of the Leasehold Improvements shall not commence prior to Landlord’s approval of the Construction Documents. Tenant reserves the right to request changes to the Construction Drawings subject to the approval process set forth above. No delays in the design or performance of the Leasehold Improvements will change the Commencement Date; provided, however, the Commencement Date shall be postponed on a day-for-day basis for each day of “Landlord Delay” that results in Tenant’s inability to complete the Leasehold Improvements to the Premises by the Commencement Date. As used in this Work Letter, “Landlord Delay” shall mean the following: (i) any delay by the Landlord in providing Tenant with early access to the Premises in accordance with Section 3 above, and (ii) Landlord’s failure to approve or disapprove the Preliminary Plans or the Construction Documents (including any submission change orders thereto) within the required time period periods specified herein. Prior to Tenant claiming any Landlord shall be deemed to have disapproved such submission. Landlord has approved the space plan for Building 2, a copy of which is attached hereto as Schedule 2 (the “Building 2 Space Plan”), subject to Landlord’s right to review and approve the Working Drawings, interior color and finishes, materials, specifications, and other items pursuant to Paragraph 2(b)(ii) and (iii) below, and further subject to compliance and conformance with the Minimum Specifications (as defined in Paragraph 2(b)(iii) below).
(ii) Within twenty-one (21) days after Landlord has finally approved Tenant’s space planDelay, Tenant shall submit its Working Drawings must first provide Landlord with written notice of the claimed Landlord Delay and allow Landlord two (2) business days to cure or correct the same. No approval by Landlord of the Preliminary Plans, the Construction Documents or any revisions to them will constitute a pallet of interior colors and finishes representation or warranty by Landlord as to Landlord for Landlord’s review and approval, in Landlord’s sole discretion. Landlord’s approval the adequacy or disapproval sufficiency of such Working Drawings and palletplans, and Tenant’s response theretoor the improvements to which they relate, shall follow for any use, purpose or condition, but such approval will merely be the procedure (including deemed disapproval) described in Subsection (i) above with respect consent of Landlord to the space plan. All items finally approved by Landlord pursuant to this Paragraph 2(b) are referred to herein collectively as “Tenant’s Plans”. Once approved by Landlord, no changes shall be made to Tenant’s Plans without the prior written approval construction or installation of Landlord, in Landlord’s sole discretion.
(iii) Landlord has established a partial list of Minimum Building Specifications for Building 2 (the “Minimum Specifications”) which is attached to this Exhibit as Schedule 1, for use Leasehold Improvements in the design and construction of the Tenant Improvements, provided that the Minimum Specifications is not a complete list of products, specifications and finishes Premises according to be used in the construction of the Tenant Improvements and accordingly, Tenant shall cause to be described in the Working Drawings all products, specifications and finishes to be used in the construction of the Tenant Improvements which are not otherwise listed on, or which deviate from, the Minimum Specifications, all of which shall be subject to Landlord’s approval in Landlord’s sole discretion. Unless otherwise expressly agreed to by Landlord, the portion of the Tenant Improvements pertaining to the products, specifications and finishes specified in the Minimum Specifications shall comply with the Minimum Specificationssuch plans.
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Tenant’s Plans. In connection with the performance of the work, if any, necessary to prepare the Premises for Tenant’s occupancy and business operations, including without limitation, the installation of all furniture, equipment and fixtures (“Tenant’s Work”), Tenant shall submit to Landlord for Landlord’s approval (i) Tenant shall diligently pursue the preparation name of all drawingsand other reasonably requested information regarding Tenant’s proposed architect, plans HVAC and specifications for Tenant Improvements in accordance with this Paragraph 2(b). All such plans, drawings MEP engineers and specifications shall be performed by an architect and/or engineer (as applicable) reasonably acceptable to Landlord and Tenant, and shall include the following: (i) a space plan for the Premisesgeneral contractor; (ii) complete architecturala set of design/ development plans sufficient for Landlord to approve Tenant’s proposed design of the Premises (the “Design/ Development Plans”), engineering and other plans for the Tenant Improvements; and (iii) a list an initial set of tenant improvement building standards for interior designpermit plans sufficient to permit Tenant to commence Tenant’s Work (“Permit Plans”), including a schedule (e.g. color palate, material board and spec sheets) of all interior color and finishes. Items (ii) and (iiiiv) above a full set of construction drawings (“Final Construction Drawings”) for Tenant’s Work. The Design/ Development Plans, the Permit Plans and the Final Construction Drawings are collectively referred to herein as the “Working Drawings”Plans.” Landlord’s approval of the architect, HVAC and MEP engineers and general contractor shall not be unreasonably withheld, conditioned or delayed. The space plan Landlord’s approval of the Plans shall not be unreasonably withheld, conditioned or delayed provided the Plans do not affect the exterior of the Building and Working Drawings shall comply with all applicable regulationsdo not adversely affect, laws, ordinances, codes and rules. Tenant shall submit its space plan to Landlord, for review and approval in Landlord’s sole discretionreasonable judgment, the Building’s structure or Building systems and shall not in any event be withheld as to anything shown on Plans previously approved. Within ten Landlord’s approval is solely given for the benefit of Landlord and Tenant under this Section 3.4(a) and neither Tenant nor any third party shall have the right to rely upon Landlord’s approval of the Plans for any other purpose whatsoever. Landlord agrees to respond to any request for approval of the Plans within fifteen (1015) business days after such submissionreceipt thereof; provided, however, that Landlord shall either approve or disapprove agrees to respond to any request for approval of any of the space plan. Tenant shall make any changes necessary in order to correct any item identified by Landlord as grounds for its disapproval, and shall resubmit Plans other than the correct space plan to Landlord initial Design/ Development Plans within ten (10) business days after Landlord’s disapproval. Within ten receipt thereof if such request is accompanied by (10A) business days after Landlord received the revised space plan, Landlord shall approve or disapprove it. This procedure shall be repeated until the space plan is finally approved by Landlord and written approval has been delivered to Tenant. If Landlord fails to approve or disapprove any submission within the required time period Landlord shall be deemed to have disapproved a certification from a licensed code engineer that such submission. Landlord has approved the space plan for Building 2, a copy of which is attached hereto as Schedule 2 (the “Building 2 Space Plan”), subject to Landlord’s right to review and approve the Working Drawings, interior color and finishes, materials, specificationsplans are code compliant, and other items pursuant to Paragraph 2(b)(ii(B) and (iii) below, and further subject to compliance and conformance a certification from AHA Consulting Engineers that the Plans are compatible with the Minimum Specifications (as defined in Paragraph 2(b)(iii) below).
(ii) Within twenty-one (21) days after Landlord has finally approved Tenant’s space plan, Tenant shall submit its Working Drawings and a pallet of interior colors and finishes to Landlord for Landlord’s review and approval, in Landlord’s sole discretionbase building design. Landlord’s approval or disapproval of such Working Drawings and pallet, and Tenant’s response thereto, shall follow the procedure (including deemed disapproval) described in Subsection (i) above with respect to the space plan. All items finally approved by Landlord pursuant to this Paragraph 2(b) are referred to herein collectively as “Tenant’s Plans”. Once approved by Landlord, no changes shall be made to Tenant’s Plans without the prior written request for approval of Landlord, in Landlord’s sole discretion.
(iii) Landlord has established a partial list of Minimum Building Specifications for Building 2 (the “Minimum Specifications”) which is attached to this Exhibit as Schedule 1, for use in the design and construction any of the Tenant Improvements, provided that the Minimum Specifications is not a complete list of products, specifications and finishes to be used in the construction of the Tenant Improvements and accordingly, Tenant proposed Plans shall cause to be described in the Working Drawings all products, specifications and finishes to be used in the construction of the Tenant Improvements which are not otherwise listed on, or which deviate from, the Minimum Specifications, all of which shall be subject to include Landlord’s approval in Landlord’s sole discretion. Unless otherwise expressly agreed to by Landlordof such Plans, the portion or a reasonably detailed explanation of the Tenant Improvements pertaining to the products, specifications and finishes specified in the Minimum Specifications shall comply with the Minimum Specificationsreasons for any disapproval.
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Tenant’s Plans. (ia) Tenant shall diligently pursue the preparation of all drawingsshall, at Tenant’s expense, submit to Landlord final and complete dimensioned and detailed plans and specifications for Tenant Improvements drawings of partition layouts (including openings), ceiling and lighting layouts, colors, mechanical and electrical circuitry plans and any and all other information as may be reasonably necessary to complete the construction of the Premises in accordance with this Paragraph 2(b). All Exhibit B (such plans, drawings and specifications shall be performed by an architect and/or engineer (as applicable) reasonably acceptable to Landlord and Tenant, and shall include the following: (i) a space plan for the Premises; (ii) complete architectural, engineering and other plans for the Tenant Improvements; and (iii) a list of tenant improvement building standards for interior design, including a schedule (e.g. color palate, material board and spec sheets) of all interior color and finishes. Items (ii) and (iii) above are collectively referred to herein as “Working DrawingsTenant’s Plans”). The space plan partition layout, and Working Drawings ceiling and lighting layout plans shall comply with all applicable regulations, laws, ordinances, codes and rulesbe 1’0” = 1/8” scale. Tenant shall submit its space plan Tenant’s Plans and any other plans required by this Exhibit B to LandlordLandlord in form, quality and quantity acceptable for review the purposes of filing for a building permit with the City of Raleigh Building Department, and approval such plans shall be signed and sealed by an architect licensed in Landlordthe State of North Carolina.
(b) Landlord shall approve Tenant’s sole discretion. Within ten Plans or designate by notice to Tenant the specific changes required to be made to Tenant’s Plans within five (105) business days after such submissionfollowing receipt thereof, Landlord shall either approve or disapprove the space plan. which Tenant shall make any changes necessary in order to correct any item identified by Landlord as grounds for its disapproval, and shall resubmit the correct space plan to Landlord within ten three (103) business days after Landlord’s disapproval. Within ten (10) business days after Landlord received the revised space plan, Landlord shall approve or disapprove itof receipt. This procedure shall be repeated until Tenant’s Plans are finally approved by Landlord.
(c) Intentionally deleted.
(d) All plans, drawings and specifications with respect to the space Premises required to be submitted by Tenant to Landlord shall comply with and conform to the Building plans filed with the City of Raleigh Building Department, Building-standard specifications (the receipt of which Tenant hereby acknowledges) and with all the rules, regulations and/or other requirements of any governmental department having jurisdiction over the construction of the Building and/or Premises. Tenant shall prepare drawings in accordance with pre-existing conditions and field measurements.
(e) Landlord’s review of Tenant’s Plans is solely to protect the interests of Landlord in the Building and the Premises, and Landlord shall be neither the guarantor of, nor responsible for, the correctness or accuracy of Tenant’s Plans, or the compliance of Tenant’s Plans with applicable requirements of any governmental authority. Landlord’s review and approval of any submissions shall not be deemed to be an approval of the adequacy for any particular purpose or system capacity or the cost of the Initial Tenant Improvements.
(f) Tenant shall reimburse Landlord for actual, out-of-pocket costs incurred by Landlord to review and approve all submissions submitted pursuant to this Exhibit B, subject to the Allowance.
(g) After completion of Tenant’s Plans, Tenant shall submit Tenant’s Plans to the appropriate governmental body for plan is checking and a building permit. Tenant shall deliver a copy of the building permit to Landlord prior to the commencement of construction of the Initial Tenant Improvements. Tenant shall not make any changes to Tenant’s Plans once finally approved by Landlord and written approval has been delivered to Tenant. If Landlord fails to approve or disapprove any submission within the required time period Landlord shall be deemed to have disapproved such submission. Landlord has approved the space plan for Building 2, a copy of which is attached hereto as Schedule 2 (the “Building 2 Space Plan”), subject to without Landlord’s right to review and approve the Working Drawingsconsent, interior color and finishes, materials, specifications, and other items pursuant to Paragraph 2(b)(ii) and (iii) below, and further subject to compliance and conformance with the Minimum Specifications (as defined in Paragraph 2(b)(iii) below).
(ii) Within twenty-one (21) days after Landlord has finally approved Tenant’s space plan, Tenant shall submit its Working Drawings and a pallet of interior colors and finishes to Landlord for Landlord’s review and approval, in Landlord’s sole discretion. Landlord’s approval or disapproval of such Working Drawings and pallet, and Tenant’s response thereto, shall follow the procedure (including deemed disapproval) described in Subsection (i) above with respect to the space plan. All items finally approved by Landlord pursuant to this Paragraph 2(b) are referred to herein collectively as “Tenant’s Plans”. Once approved by Landlord, no changes shall be made to Tenant’s Plans without the prior written approval of Landlord, in Landlord’s sole discretion.
(iii) Landlord has established a partial list of Minimum Building Specifications for Building 2 (the “Minimum Specifications”) which is attached to this Exhibit as Schedule 1, for use in the design and construction of the Tenant Improvements, provided that the Minimum Specifications is not a complete list of products, specifications and finishes to be used in the construction of the Tenant Improvements and accordingly, Tenant shall cause to be described in the Working Drawings all products, specifications and finishes to be used in the construction of the Tenant Improvements which are not otherwise listed on, or which deviate from, the Minimum Specifications, all of which shall be subject to Landlord’s approval in Landlord’s sole discretion. Unless otherwise expressly agreed to by Landlord, the portion of the Tenant Improvements pertaining to the products, specifications and finishes specified in the Minimum Specifications shall comply with the Minimum Specificationsunreasonably withheld.
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Tenant’s Plans. Tenant, at its sole cost (isubject to reimbursement of such costs from the Tenant Improvement Allowance) Tenant shall diligently pursue cause to be prepared and delivered to Landlord, within sixty (60) days of the preparation Date of all drawingsthis Lease, plans three copies of complete, detailed architectural, mechanical, and electrical drawings and specifications for Tenant Improvements in accordance with this Paragraph 2(bTenant’s Work (the “Tenant’s Plans”). All such plansTenant’s Plans shall describe all work necessary to fit the Premises for use by Tenant in the conduct of its business in a first-class manner, drawings in compliance with all Legal Requirements and specifications the requirements of this Lease, including the use and operational requirements set forth in Article 2.0 hereof. Tenant’s Plans shall be performed by an architect and/or engineer subject to Landlord’s prior written approval (as applicablenot to be unreasonably withheld, conditioned or delayed) reasonably acceptable to Landlord and Tenant, and shall include the following: (i) a space plan for the Premises; (ii) complete architectural, engineering be prepared by licensed architects and other plans for the Tenant Improvements; and (iii) a list of tenant improvement building standards for interior design, including a schedule (e.g. color palate, material board and spec sheets) of all interior color and finishesengineers first approved by Landlord. Items (ii) and (iii) above are collectively referred to herein as “Working Drawings”. The space plan and Working Drawings Tenant’s Plans shall comply with all applicable regulationsLegal Requirements and shall conform to Landlord’s interpretation of the Landlord’s standards for the Building. If, lawsin connection with determining whether or not to approve Tenant’s Plans or revisions thereto, ordinancesLandlord incurs architectural, codes and rulesengineering, or any other professional fees, Tenant shall pay such reasonable fees as Additional Rent. Tenant shall submit its space plan have ten (10) Business Days following notice by Landlord to respond to any comments or changes requested by Landlord and to resubmit three copies of the revised Tenant’s Plans to Landlord. Notwithstanding anything herein to the contrary, for Landlord’s approval rights as to the Tenant’s Plans shall be limited to a review of the Tenant’s Plans to confirm that: (i) the improvements are reasonably compatible with (and approval not damaging to) the structural, mechanical, electrical, plumbing and other systems of the Building, (ii) the improvements do not materially adversely impact (in Landlord’s sole discretionreasonable judgment) either the exterior appearance or operations of the Building or the appearance or operations of the public areas of the Building and (iii) the improvements comply with Legal Requirements. Within ten (10) business days Business Days after such submissiondelivery of a complete set of the Tenant’s Plans to Landlord, Landlord shall either approve such Tenant’s Plans or disapprove notify Tenant of the space planspecific item(s) of such Tenant’s Plans of which Landlord disapproves and a detailed description of the reason(s) for such disapproval. Tenant shall make If Landlord disapproves any changes necessary in order to correct any item identified by Landlord as grounds for its disapprovalof the Tenant’s Plans, and shall resubmit the correct space plan to Landlord within ten (10) business days Business Days after receipt of Landlord’s disapprovaldisapproval notice, Tenant shall revise and resubmit same to Landlord for approval, which approval shall not be unreasonably withheld or conditioned. Within ten (10) business days after Landlord received the revised space plan, Landlord shall approve or disapprove it. This procedure The above process shall be repeated until such time as Landlord has approved or is deemed to have approved the space plan is finally Tenant’s Plans. If, as, and when Landlord shall approve (or deemed to have approved as set forth below) Tenant’s Plans, the same shall become final and three copies thereof shall be signed by Landlord and written approval has been delivered Tenant, two sets to be retained by Landlord and one set to be retained by Tenant. If Landlord fails to approve or disapprove any submission within the required time period Landlord shall be deemed to have disapproved such submission. Landlord has approved the space plan for Building 2, a copy of which is attached hereto as Schedule 2 (the “Building 2 Space Plan”), subject to Landlord’s right to review and approve the Working Drawings, interior color and finishes, materials, specifications, and other items pursuant to Paragraph 2(b)(ii) and (iii) below, and further subject to compliance and conformance with the Minimum Specifications (as defined in Paragraph 2(b)(iii) below).
(ii) Within twenty-one (21) days after Landlord has finally approved Tenant’s space plan, Tenant shall submit its Working Drawings and a pallet of interior colors and finishes to Landlord for Landlord’s review and approval, in Landlord’s sole discretion. Landlord’s approval or disapproval of such Working Drawings and pallet, and Tenant’s response thereto, shall follow the procedure (including deemed disapproval) described in Subsection (i) above with respect to the space plan. All items finally approved by Landlord pursuant to this Paragraph 2(b) are referred to herein collectively as “Tenant’s Plans”. Once approved by Landlord, no changes shall be made to Tenant’s Plans shall not be changed without the prior written approval of LandlordLandlord in each instance, not to be unreasonably withheld, conditioned or delayed. In the event Landlord fails to either approve or disapprove in Landlordwriting Tenant’s sole discretion.
Plans within said ten (iii10) Business Day review period, then Tenant may provide Landlord has established with a partial list reminder notice, (which shall include a duplicate set of Minimum Building Specifications for Building 2 Tenant’s Plans) which notice shall bear the following caption prominently in the subject line of such notice: “THIS NOTICE SHALL CONSTITUTE THE FIVE (5) BUSINESS DAY REMINDER NOTICE AS SET FORTH IN SECTION 12.2.1 OF THE LEASE. LANDLORD’S FAILURE TO EITHER APPROVE OR DISAPPROVE THE ENCLOSED TENANT’S PLANS IN ACCORDANCE WITH THE PROVISIONS OF SECTION 12.2.1 OF THE LEASE WITHIN FIVE (5) BUSINESS DAYS OF LANDLORD’S RECEIPT HEREOF SHALL BE DEEMED TO BE LANDLORD’S WRITTEN APPROVAL OF THE ENCLOSED TENANT’S PLANS” (the “Minimum SpecificationsReminder Notice”). The Reminder Notice shall be delivered to Landlord’s Property Manager, Xxxxxx Xxxxx, with a copy to Xxxxx Xxxxxxxx, Assistant Director, University and Commercial Leasing, both at Landlord’s address set forth in Section 9.2 and otherwise in accordance with the notice provisions in Section 9.2. In the event Landlord fails to either approve or disapprove in writing Tenant’s Plans within five (5) Business Days of Landlord’s receipt of said Reminder Notice, the version of Tenant’s Plans which is shall have been attached to this Exhibit both the original notice to Landlord and the Reminder Notice to Landlord shall be deemed approved. Landlord’s approval of Tenant’s Plans (regardless of whether such approval is actual or deemed as Schedule 1, for use in the design and construction of the Tenant Improvements, provided set forth above) shall not constitute an opinion or agreement by Landlord that the Minimum Specifications is not a complete list same are sufficient or that they are in compliance with Legal Requirements, nor shall such approval impose any present or future liability on Landlord or waive any of productsLandlord’s rights hereunder. Tenant, specifications at Tenant’s sole cost (or at Landlord’s election, Landlord, at Tenant’s sole cost), shall perform all appropriate filings with applicable Governmental Authorities and finishes to be used in shall obtain all such approvals and permits as required for the construction of the work depicted on Tenant’s Plans. If Tenant Improvements requests modifications of, or additions to, the approved Tenant’s Plans and accordinglyif Landlord gives its approval, Tenant shall cause shall, in each instance, pay the costs (including reasonable attorney’s fees) relating to such modifications or additions, including any professional or other fees or cost incurred, or to be described incurred by Landlord and Tenant in the Working Drawings all products, specifications and finishes respect thereof (but nothing herein contained shall compel Landlord to be used in the construction of the Tenant Improvements which are not otherwise listed onapprove such modifications of, or which deviate fromadditions to, the Minimum Specifications, all approved Tenant’s Plans). Landlord’s approval of which such modification to the Tenant’s Plans shall be subject to the same time requirements as the review and approval of the original Tenant’s Plans, including, without limitation, the deemed approval of such modification in the event Landlord fails to either approve or disapprove of such requested modification within five (5) Business Days of Landlord’s approval receipt of a Reminder Notice in connection with Tenant’s request for Landlord’s sole discretion. Unless otherwise expressly agreed review and approval of any such modification to by Landlord, the portion of the Tenant Improvements pertaining to the products, specifications and finishes specified in the Minimum Specifications shall comply with the Minimum SpecificationsTenant’s Plans.
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Tenant’s Plans. (i) Tenant shall diligently pursue On or before the preparation of all drawingsSubmission Date, plans Tenant, at its expense, will cause the Preliminary Plans to be prepared and specifications for Tenant Improvements in accordance with this Paragraph 2(b). All such plans, drawings and specifications shall be performed by an architect and/or engineer (as applicable) reasonably acceptable submitted to Landlord for its approval. Such submittal will include one (1) sepia, five (5) sets of blueline prints and Tenant, and shall include three (3) sets of those specifications not shown on the following: (i) a space plan for drawings. If the Premises; (ii) complete architectural, engineering and other plans for the Tenant Improvements; and (iii) a list of tenant improvement building standards for interior design, including a schedule (e.g. color palate, material board and spec sheets) of all interior color and finishes. Items (ii) and (iii) above submitted materials are collectively referred to herein as “Working Drawings”. The space plan and Working Drawings shall comply with all applicable regulations, laws, ordinances, codes and rules. Tenant shall submit its space plan not acceptable to Landlord, for review and approval in Landlord’s sole discretion. Within ten Landlord will so notify Tenant by returning the sepia with required changes noted within five (105) business days after such submissionof receipt of same. If Landlord so notifies Tenant of any required change to the Preliminary Plans, Landlord shall either approve or disapprove Tenant will cause the space plan. Tenant shall make any changes necessary in order same to correct any item identified by Landlord as grounds for its disapproval, be revised according to the returned sepia and shall resubmit the correct space plan resubmitted to Landlord within ten seven (107) days after receipt of such notice. Within fifteen (15) days after Landlord notifies Tenant of Landlord's approval of the Preliminary Plans, Tenant, at its expense, will cause the Construction Documents to be prepared and submitted to Landlord for its approval. Such submittal will include one sepia, five (5) sets of blueline prints, three (3) sets of specifications and a complete color and finish board for Tenant's Work. The Construction Documents must strictly conform to the Preliminary Plans approved by Landlord and must be in all respects sufficient for the purpose of obtaining a building permit for Tenant's Work. If the submitted materials are not acceptable to Landlord, Landlord will so notify Tenant by returning the sepia with required changes noted within five (5) business days of receipt of same If required by Landlord, Tenant will cause the Construction Documents to be resubmitted to Landlord for its approval within seven (7) days after Landlord notifies Tenant of any required changes. Tenant's Work will not commence prior to Landlord’s disapproval's approval of the Construction Documents. Within ten If the Landlord fails to deliver to Tenant Landlord's written approval or its written request for revisions within five (105) business days after Landlord received receives any required revisions to them, Tenant will receive a credit against Base Rent beginning on the revised space plan, Landlord shall approve or disapprove it. This procedure shall be repeated Commencement Date equal to one day's Base Rent for each day subsequent to the fifth (5th) business day after Tenant's submittal until the space plan is finally approved by Landlord and written approval has been delivered to Tenantday of Landlord's response. If Landlord fails to approve or disapprove any submission within the required time period Landlord shall be deemed to have disapproved such submission. Landlord has approved the space plan for Building 2, a copy of which is attached hereto Except as Schedule 2 (the “Building 2 Space Plan”), subject to Landlord’s right to review and approve the Working Drawings, interior color and finishes, materials, specifications, and other items pursuant to Paragraph 2(b)(ii) and (iii) below, and further subject to compliance and conformance with the Minimum Specifications (as defined provided in Paragraph 2(b)(iii) below).
(ii) Within twenty-one (21) days after Landlord has finally approved Tenant’s space plan, Tenant shall submit its Working Drawings and a pallet of interior colors and finishes to Landlord for Landlord’s review and approval, in Landlord’s sole discretion. Landlord’s approval or disapproval of such Working Drawings and pallet, and Tenant’s response thereto, shall follow the procedure (including deemed disapproval) described in Subsection (i) above with respect to the space plan. All items finally approved by Landlord pursuant to this Paragraph 2(b) are referred to herein collectively as “Tenant’s Plans”. Once approved by Landlord2 above, no changes shall be made to Tenant’s Plans without the prior written approval of Landlord, in Landlord’s sole discretion.
(iii) Landlord has established a partial list of Minimum Building Specifications for Building 2 (the “Minimum Specifications”) which is attached to this Exhibit as Schedule 1, for use delays in the design and construction or performance of Tenant's Work will change the Start Date or the Commencement Date. Upon completion of Tenant's Work, Tenant Improvements, provided that the Minimum Specifications is not will provide Landlord a complete list set of products, specifications and finishes to be used in the construction of the Tenant Improvements and accordingly, Tenant shall cause to be described in the Working Drawings all products, specifications and finishes to be used in the construction of the Tenant Improvements which are not otherwise listed on, or which deviate from, the Minimum Specifications, all of which shall be subject to Landlord’s approval in Landlord’s sole discretion. Unless otherwise expressly agreed to by Landlord, the portion of the Tenant Improvements pertaining to the products, specifications and finishes specified in the Minimum Specifications shall comply with the Minimum Specifications.reproducible as-built
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Tenant’s Plans. (i) Tenant shall diligently pursue provide, at Tenant's sole cost and expense, all of the preparation plans, specifications and drawings necessary to design and construct Tenant’s Expansion Space Work, including all required mechanical, electrical and plumbing drawings, the location and installation of all drawingsequipment, plans risers, disconnects, ducts, utility and specifications for HVAC distribution, and other Tenant Improvements in accordance with this Paragraph 2(binstallations (collectively, the "Tenant's Plans"). All such plans, drawings and specifications Tenant’s Plans shall be performed prepared by an Tenant’s architect and/or engineer (as applicable) reasonably acceptable to Landlord at Tenant's sole cost and Tenant, and shall include the following: (i) a space plan for the Premises; (ii) complete architectural, engineering and other plans for the Tenant Improvements; and (iii) a list of tenant improvement building standards for interior design, including a schedule (e.g. color palate, material board and spec sheets) of all interior color and finishes. Items (ii) and (iii) above are collectively referred to herein as “Working Drawings”. The space plan and Working Drawings shall comply with all applicable regulations, laws, ordinances, codes and rules. Tenant shall submit its space plan to Landlord, for review and approval in Landlord’s sole discretionexpense. Within ten (10) business days after such submissionLandlord's receipt, Landlord shall either in writing approve or disapprove the space plan. Tenant shall make any changes necessary in order to correct any item identified by Landlord as grounds for its disapproval, and shall resubmit the correct space plan to Landlord within ten (10) business days after Landlord’s disapproval. Within ten (10) business days after Landlord received the revised space plan, Landlord shall approve or disapprove it. This procedure shall be repeated until the space plan is finally approved by Landlord and written approval has been delivered to Tenant. If Landlord fails to approve or disapprove any submission within the required time period Landlord shall be deemed to have disapproved such submission. Landlord has approved the space plan for Building 2, a copy of which is attached hereto as Schedule 2 (the “Building 2 Space Plan”), subject to Landlord’s right to review and approve the Working Drawings, interior color and finishes, materials, specifications, and other items pursuant to Paragraph 2(b)(ii) and (iii) below, and further subject to compliance and conformance with the Minimum Specifications (as defined in Paragraph 2(b)(iii) below).
(ii) Within twenty-one (21) days after Landlord has finally approved Tenant’s space plan, Tenant shall submit its Working Drawings Plans or deny Tenant's Plans and a pallet of interior colors and finishes to Landlord specify what changes are necessary for Landlord’s review and such approval, in Landlord’s sole discretion. Landlord’s approval or disapproval denial shall not be unreasonably withheld or delayed. Landlord’s review of such Working Drawings and pallet, and Tenant’s response thereto, shall follow the procedure (including deemed disapproval) described in Subsection (i) above with respect to the space plan. All items finally approved by Landlord pursuant to this Paragraph 2(b) are referred to herein collectively as “Tenant’s Plans”. Once approved by Landlord, no changes shall be made to Tenant’s Plans without the prior written shall not impose any obligation or liability on Landlord, its agents or representatives, and Landlord’s approval of LandlordTenant’s Plans shall not serve as a representation or warranty as to the accuracy of Tenant’s Plans or as to compliance with any laws, in Landlordcodes, regulations or ordinances. Landlord shall approve Tenant's Plans prior to Tenant commencing any of Tenant's Expansion Work. (b) Tenant’s Expansion Space Work shall be performed, at Tenant’s sole discretion.
(iii) Landlord has established cost and expense, by a partial list of Minimum Building Specifications for Building 2 (the “Minimum Specifications”) which is attached to this Exhibit as Schedule 1bona fide union general contractor and bona fide union subcontractors, for use in the design architects and construction of the Tenant Improvementsengineers selected by Tenant, provided that the Minimum Specifications is not a complete list of products, specifications and finishes to be used in the construction of the Tenant Improvements and accordingly, Tenant shall cause to be described in the Working Drawings all products, specifications and finishes to be used in the construction of the Tenant Improvements which are not otherwise listed on, or which deviate from, the Minimum Specifications, all of which shall be but subject to Landlord’s approval, which approval shall not be unreasonably withheld or delayed. Landlord shall have the right to bid on Tenant’s Expansion Space Work. Landlord shall have the right to approve all contractors and subcontractors and the performance of Tenant's Expansion Space Work. All contractors and subcontractors performing the Tenant’s Expansion Space Work shall comply in Landlordall respects with all applicable laws, codes and regulations and with the terms of this Paragraph 8 and the terms of the Lease, Tenant’s sole discretionPlans, and with the rules and regulations applicable to the Lease. Unless otherwise expressly agreed Landlord reserves the right to specify certain contractors for structural and mechanical alterations (e.g., roof contractor, electricians, plumbers, etc.). Tenant’s Expansion Space Work shall not interfere with or affect the common areas or structural components of the Building or any B mechanical systems, HVAC, electrical, plumbing, gas, elevator or other building mechanical systems serving other tenants and occupants of the Building. Tenant shall perform or cause to be performed Tenant’s Expansion Space Work in a manner which shall not commercially unreasonably interfere with or interrupt the business operations or premises of other tenants in the Building, except as may be approved by Landlord, the portion . All of the Tenant Improvements pertaining costs and expense of Tenant's Expansion Space Work and other matters relating to the products, specifications and finishes specified in work and/or installations to be made at the Minimum Specifications Premises shall comply with the Minimum Specificationsbe borne by Tenant.
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Tenant’s Plans. Landlord approves Tenant's use of the architectural firm known as Ehrlxxx-Xxxxxxxx (i) "Xenant's Architect"). On or before April 1, 1999 Tenant shall diligently pursue submit preliminary plans and specifications including specifications for finishes for Tenant's proposed tenant improvements ("Preliminary Plans"). Landlord shall have three (3) business days to review and comment upon, or approve, Tenant's Preliminary Plans, and Landlord's approval shall not be reasonably withheld or delayed so long as Tenant's Preliminary Plans are consistent with the Basic Standards as defined below. As part of Landlord's review of Tenant's Preliminary Plans, Landlord will notify Tenant of those items, if any, which are "long lead time" items (i.e., items which cannot reasonably be delivered to the job site early enough to maintain the approved construction schedule without substantial overtime work), specifying in such notice the delay in Substantial Completion of the Premises which will be caused by selection of such items ("Long Lead Time Items"), so long as Tenant's Preliminary Plans specify sufficient detail (e.g., finishes, materials, etc.) to allow Landlord to make such determination. Thereafter, in the preparation of all drawingsthe final Tenant's Plans, Tenant shall have the right to replace such Long Lead Time Items with other specified items that would not be considered Long Lead Time Items. On or before Tenant's Plan Delivery Date, as specified in the Basic Lease Information, Tenant shall submit plans and specifications for Tenant Improvements in accordance Tenant's proposed tenant improvements within the Premises consistent with this Paragraph 2(b). All such plans, drawings and specifications shall be performed by an architect and/or engineer (Tenant's Preliminary Plans as applicable) reasonably acceptable to Landlord and Tenant, and shall include the following: (i) a space plan for the Premises; (ii) complete architectural, engineering and other plans for the Tenant Improvements; and (iii) a list of tenant improvement building standards for interior design, including a schedule (e.g. color palate, material board and spec sheets) of all interior color and finishes. Items (ii) and (iii) above are collectively referred to herein as “Working Drawings”. The space plan and Working Drawings shall comply with all applicable regulations, laws, ordinances, codes and rules. Tenant shall submit its space plan to Landlord, for review and approval in Landlord’s sole discretion. Within ten (10) business days after such submission, Landlord shall either approve or disapprove the space plan. Tenant shall make any changes necessary in order to correct any item identified by Landlord as grounds for its disapproval, and shall resubmit the correct space plan to Landlord within ten (10) business days after Landlord’s disapproval. Within ten (10) business days after Landlord received the revised space plan, Landlord shall approve or disapprove it. This procedure shall be repeated until the space plan is finally approved by Landlord ("Tenant's Plans"). Tenant's Plans shall include all such information required to prepare construction drawings sufficient to allow Landlord's contractor to bid and written approval has been delivered construct said improvements, including but not limited to Tenant. If Landlord fails to approve or disapprove any submission within the required time period Landlord shall be deemed to have disapproved such submission. Landlord has approved the space plan for Building 2those items in Exhibit B-2, a copy of which is attached hereto as Schedule 2 (the “Building 2 Space Plan”), subject to Landlord’s right to review and approve the Working Drawings, interior color and finishes, materials, specifications, and other items pursuant to Paragraph 2(b)(ii) and (iii) below, and further subject to compliance and conformance with the "Minimum Specifications (as defined in Paragraph 2(b)(iii) below)Information Required.
(ii) Within twenty-one (21) days after Landlord has finally approved Tenant’s space plan, Tenant shall submit its Working Drawings and a pallet of interior colors and finishes to Landlord for Landlord’s review and approval, in Landlord’s sole discretion. Landlord’s approval or disapproval of such Working Drawings and pallet, and Tenant’s response thereto, shall follow the procedure (including deemed disapproval) described in Subsection (i) above with respect to the space plan. All items finally approved by Landlord pursuant to this Paragraph 2(b) are referred to herein collectively as “Tenant’s Plans”. Once approved by Landlord, no changes shall be made to Tenant’s Plans without the prior written approval of Landlord, in Landlord’s sole discretion.
(iii) Landlord has established a partial list of Minimum Building Specifications for Building 2 (the “Minimum Specifications”) which is attached to this Exhibit as Schedule 1, for use in the design and construction of the Tenant Improvements, provided that the Minimum Specifications is not a complete list of products, specifications and finishes to be used in the construction of the Tenant Improvements and accordingly, Tenant shall cause to be described in the Working Drawings all products, specifications and finishes to be used in the construction of the Tenant Improvements which are not otherwise listed on, or which deviate from, the Minimum Specifications, all of which " Such plans shall be subject to Landlord’s approval 's approval, which shall not be unreasonably withheld so long as the tenant improvements contemplated therein are generally generic with drop ceilings throughout, perimeter private offices around at least 25% of the perimeter of the floor plate, and otherwise reasonably comparable to the improvements existing at Tenant's existing premises at 1000 Xxxxxx Xxxxxxx ("Xasic Standards"). Landlord's contractor shall prepare complete mechanical, electrical, plumbing, and other engineering plans for the installation of the heating, ventilating, air conditioning, electrical and plumbing to be installed in Landlord’s sole discretion. Unless otherwise expressly agreed to the Premises, on a design/build basis, and the costs charged by Landlord, 's contractor for such services shall be included in the portion scope of work by Landlord's contractor for the Tenant Improvements pertaining to the products, specifications and finishes specified in the Minimum Specifications cost estimate described in paragraph 5 below. The engineering fees for plumbing and fire sprinkler work shall comply be competitively bid as design/build with engineered drawings to be included in Landlord's contractor's scope of work for the Minimum SpecificationsTenant Improvements.
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Samples: Sublease (Cosine Communications Inc)
