Common use of USE OF PLANS AND SPECIFICATIONS Clause in Contracts

USE OF PLANS AND SPECIFICATIONS. Landlord shall have the right to use without any payment or other compensation by Landlord therefor, solely for the purposes set forth in the following sentence, (a) the Approved Schematic Design Plans, the Design Development Plans and the Final Plans and Specifications, (b) any surveys and “as built” plans showing the applicable Construction Work, and (c) any other plans and specifications with respect to such Construction Work. Landlord shall have the right to use the items enumerated in clauses (a) through (c) above to facilitate the exercise of its rights under this Lease and, subsequent to the expiration or termination of this Lease where Landlord retains title to the Property, for the construction, use, operation and Alteration of the applicable Project Component and other purposes incidental thereto; subject, however, to the following restrictions: (i) the work product of the Design Architect (the “DA Work Product”) may be used only for the completion of the Construction Work in question or for reference purposes for additions, extensions, remodeling or modification of the Construction Work in question not designed by the Design Architect; however, ownership rights to said DA Work Product and rights therefrom may not be transferred to another party for its use in the design of another project; (ii) Design Architect retains all statutory and reserve rights, including copyright, to typical or standard design details, depictions, instructions and specifications regularly used by the Design Architect in the ordinary course of its architectural practice; (iii) Design Architect retains the right to publish images and appropriate technical information from Design Architect’s work in professional journals and for portfolio publicity purposes; (iv) Design Architect is not responsible for errors or discrepancies on any electronic portable media on which Design Architect’s design documents are transferred except to the extent that such errors or inconsistencies are caused by or contributed to by Design Architect when it transfers such information to such media or while such media are in Design Architect’s possession or control; (v) in connection with any publication of photographs or other representations of the Construction Work in question where the design of the Construction Work in question is the subject of the publication, if applicable, the party causing such publication will endeavor to see that reference to the Design Architect as architect for the Construction Work in question is included in any such publication as follows: Xxxxx Xxxxx Building Workshop, Design Architects, with Fox and Xxxxx Architects, Executive Architect; and (vi) if the Project is materially modified after its completion and Design Architect has not consented or participated in such modification, no reference shall be made to Xxxxx Xxxxx Building Workshop or Fox and Xxxxx Architects, as the architect(s) for the Construction Work in question, and the owner of the Construction Work in question shall use its diligent efforts to prevent the dissemination of information regarding such completion or modification which includes any such reference. Nothing in this Section 6.4 shall permit the selection by Tenant and approval of a Design Architect other than in accordance with Section 6.1(d) hereof. The provisions of this Section 6.4 shall survive any such expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Sublease Agreement (New York Times Co), Agreement of Sublease (New York Times Co)

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USE OF PLANS AND SPECIFICATIONS. Landlord shall have the right to use use, without any payment or other compensation by Landlord therefor, solely for the purposes set forth in the following sentence, (a) the Approved Schematic Design Plans, the Design Development Plans, the Final Plans and the Final Specifications and any Alteration Plans and Specifications, (b) any surveys and “as built” plans showing the applicable Construction WorkAlteration, and (c) any other plans and specifications with respect to such Construction WorkAlteration. Landlord shall have the right to use the items enumerated in clauses (a) through (c) above to facilitate the exercise of its rights under this Lease and, subsequent to the expiration or termination of this Lease where Landlord retains title to the PropertyDemised Premises or the Common Elements, for the construction, use, operation and Alteration of the applicable Project Component Demised Premises or the Common Elements and other purposes incidental thereto; subject, however, to the following restrictions: (i) the work product of the Design Architect (the “DA Work Product”) may be used only for the completion of the Construction Work Alteration in question or for reference purposes for additions, extensions, remodeling or modification of the Construction Work Alteration in question not designed by the Design Architect; however, ownership rights to said DA Work Product and rights therefrom may not be transferred to another party for its use in the design of another project; (ii) Design Architect retains all statutory and reserve rights, including copyright, to typical or standard design details, depictions, instructions and specifications regularly used by the Design Architect in the ordinary course of its architectural practice; (iii) Design Architect retains the right to publish images and appropriate technical information from Design Architect’s work in professional journals and for portfolio publicity purposes; (iv) Design Architect is not responsible for errors or discrepancies on any electronic portable media on which Design Architect’s design documents are transferred except to the extent that such errors or inconsistencies are caused by or contributed to by Design Architect when it transfers such information to such media or while such media are in Design Architect’s possession or control; (v) in connection with any publication of photographs or other representations of the Construction Work Alteration in question where the design of the Construction Work Alteration in question is the subject of the publication, if applicable, the party causing such publication will endeavor to see that reference to the Design Architect as architect for the Construction Work Alteration in question is included in any such publication as follows: Xxxxx Xxxxx Building Workshop, Design Architects, with Fox and Xxxxx Architects, Executive Architect; and (vi) if the Project is materially modified after its completion and Design Architect has not consented or participated in such modification, no reference shall be made to Xxxxx Xxxxx Building Workshop or Fox and Xxxxx Architects, as the architect(s) for the Construction Work Alteration in question, and the owner of the Construction Work Alteration in question shall use its diligent efforts to prevent the dissemination of information regarding such completion or modification which includes any such reference. Nothing in this Section 6.4 9.4 shall permit the selection and approval by Tenant and approval of a Design Architect other than in accordance with Section 6.1(d9.6(a) hereof. The provisions of this Section 6.4 9.4 shall survive any such expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Sublease Agreement (New York Times Co)

USE OF PLANS AND SPECIFICATIONS. Landlord shall have the right to use without any payment or other compensation by Landlord therefor, solely for the purposes set forth in 68 the following sentence, (a) the Approved Schematic Design Plans, the Design Development Plans and the Final Plans and Specifications, (b) any surveys and "as built" plans showing the applicable Construction Work, and (c) any other plans and specifications with respect to such Construction Work. Landlord shall have the right to use the items enumerated in clauses (a) through (c) above to facilitate the exercise of its rights under this Lease and, subsequent to the expiration or termination of this Lease where Landlord retains title to the Property, for the construction, use, operation and Alteration of the applicable Project Component and other purposes incidental thereto; subjectSUBJECT, howeverHOWEVER, to the following restrictions: (i) the work product of the Design Architect (the "DA Work Product”WORK PRODUCT") may be used only for the completion of the Construction Work in question or for reference purposes for additions, extensions, remodeling or modification of the Construction Work in question not designed by the Design Architect; however, ownership rights to said DA Work Product and rights therefrom may not be transferred to another party for its use in the design of another project; (ii) Design Architect retains all statutory and reserve rights, including copyright, to typical or standard design details, depictions, instructions and specifications regularly used by the Design Architect in the ordinary course of its architectural practice; (iii) Design Architect retains the right to publish images and appropriate technical information from Design Architect’s 's work in professional journals and for portfolio publicity purposes; (iv) Design Architect is not responsible for errors or discrepancies on any electronic portable media on which Design Architect’s 's design documents are transferred except to the extent that such errors or inconsistencies are caused by or contributed to by Design Architect when it transfers such information to such media or while such media are in Design Architect’s 's possession or control; (v) in connection with any publication of photographs or other representations of the Construction Work in question where the design of the Construction Work in question is the subject of the publication, if applicable, the party causing such publication will endeavor to see that reference to the Design Architect as architect for the Construction Work in question is included in any such publication as follows: Xxxxx Xxxxx Renzo Piano Building Workshop, Design Architects, with Fox and Xxxxx ArchitectsFowle Xxxxxxxxxx, Executive Architect; and (vi) if the ix xxx Project is materially modified after its completion and Design Architect has not consented or participated in such modification, no reference shall be made to Xxxxx Xxxxx Renzo Piano Building Workshop or Fox and Xxxxx Fowle Architects, as the architect(sarxxxxxxx(x) for the Construction Work in questionqxxxxxon, and the owner of the Construction Work in question shall use its diligent efforts to prevent the dissemination of information regarding such completion or modification which includes any such reference. Nothing in this Section SECTION 6.4 shall permit the selection by Tenant and approval of a Design Architect other than in accordance with Section SECTION 6.1(d) hereof. The provisions of this Section SECTION 6.4 shall survive any such expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (New York Times Co)

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USE OF PLANS AND SPECIFICATIONS. Landlord shall have the right to use use, without any payment or other compensation by Landlord therefor, solely for the purposes set forth in the following sentence, (a) the Approved Schematic Design Plans, the Design Development Plans, the Final Plans and the Final Specifications and any Alteration Plans and Specifications, (b) any surveys and “as built” plans showing the applicable Construction WorkAlteration, and (c) any other plans and specifications with respect to such Construction WorkAlteration. Landlord shall have the right to use the items enumerated in clauses (a) through (c) above to facilitate the exercise of its rights under this Lease and, subsequent to the expiration or termination of this Lease where Landlord retains title to the PropertyDemised Premises or the Common Elements, for the construction, use, operation and Alteration of the applicable Project Component Demised Premises or the Common Elements and other purposes incidental thereto; subject, however, to the following restrictions: (i) the work product of the Design Architect (the “DA Work Product”) may be used only for the completion of the Construction Work Alteration in question or for reference purposes for additions, extensions, remodeling or modification of the Construction Work Alteration in question not designed by the Design Architect; however, ownership rights to said DA Work Product and rights therefrom may not be transferred to another party for its use in the design of another project; (ii) Design Architect retains all statutory and reserve rights, including copyright, to typical or standard design details, depictions, instructions and specifications regularly used by the Design Architect in the ordinary course of its architectural practice; (iii) Design Architect retains the right to publish images and appropriate technical information from Design Architect’s work in professional journals and for portfolio publicity purposes; (iv) Design Architect is not responsible for errors or discrepancies on any electronic portable media on which Design Architect’s design documents are transferred except to the extent that such errors or inconsistencies are caused by or contributed to by Design Architect when it transfers such information to such media or while such media are in Design Architect’s possession or control; (v) in connection with any publication of photographs or other representations of the Construction Work Alteration in question where the design of the Construction Work Alteration in question is the subject of the publication, if applicable, the party causing such publication will endeavor to see that reference to the Design Architect as architect for the Construction Work Alteration in question is included in any such publication as follows: Xxxxx Xxxxx Building Workshop, Design Architects, with FXFOWLE (f/k/a Fox and Xxxxx Xxxxx) Architects, Executive Architect; and (vi) if the Project is materially modified after its completion and Design Architect has not consented or participated in such modification, no reference shall be made to Xxxxx Xxxxx Building Workshop or FXFOWLE (f/k/a Fox and Xxxxx Xxxxx) Architects, as the architect(s) for the Construction Work Alteration in question, and the owner of the Construction Work Alteration in question shall use its diligent efforts to prevent the dissemination of information regarding such completion or modification which includes any such reference. Nothing in this Section 6.4 9.4 shall permit the selection and approval by Tenant and approval of a Design Architect other than in accordance with Section 6.1(d9.6(a) hereof. The provisions of this Section 6.4 9.4 shall survive any such expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Sublease Agreement (New York Times Co)

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