Working Drawings. Lessee shall be solely responsible for the preparation and completion of all preliminary and final Working Drawings. Lessee shall retain its own architects and engineers to prepare Working Drawings, provided that Lessor first approves such engineers and architects so selected by Lessee, which approval shall not be unreasonably withheld or delayed. Lessee shall provide copies of the preliminary Working Drawings to Lessor, together with a list of elements of Lessee's Work which Lessee intends to remove from the Premises upon the expiration or earlier termination of this Lease. Lessor shall provide to Lessee within ten (10) business days thereafter a list of corrections and modifications which Lessor requires to be made to the Working Drawings. Lessor shall also provide to Lessee within such 10-business day period a list of those elements of Lessee's Work which Lessee must remove at the expiration or earlier termination of this Lease. Lessee shall revise the preliminary Working Drawings to incorporate the corrections and modifications requested by Lessor and shall submit final Working Drawings to Lessor for its approval. Lessor shall review the final Working Drawings and, within ten (10) business days after receipt thereof, Lessor shall either (a) notify Lessee that Lessor has approved the final Working Drawings, or (b) provide to Lessee a list of corrections and modifications which Lessor requires to be made to the Working Drawings. Lessor shall also provide to Lessee within such 10-business day period a supplementary list of those elements of Lessee's Work which Lessee must remove at the expiration or earlier termination of this Lease (if any). In the event Lessor returns the Working Drawings to Lessee for correction or modification, Lessee shall diligently correct the Working Drawings and resubmit them to Lessor for approval pursuant to the preceding provisions of this paragraph. No work shall be performed until final Working Drawings have been approved in writing by Lessor. The review and/or approval by Lessor or its architect or engineers of any plans, sketches or Working Drawings submitted by Lessee relating to Lessee's Improvements shall not (i) constitute an opinion or representation by Lessor that the same are in compliance with all applicable Legal Requirements and the provisions of all applicable insurance policies or as to the feasibility of constructing the work shown thereon, or (ii) impose on Lessor any responsibility for a design defect, it being agreed that all such responsibility shall remain solely with Lessee. Lessee shall reimburse Lessor promptly upon demand therefor for all out-of-pocket costs and expenses reasonably incurred by Lessor in connection with the review by Lessor's architect, engineer or other consultant (but not for Lessor's "in-house" review) of any plans, drawings and specifications submitted by Lessee pursuant to this Work Letter, which reimbursement shall be due and payable as Additional Rent.
Appears in 1 contract
Working Drawings. Lessee shall be solely responsible Landlord and Tenant have approved the floor plans depicting the Premsies as shown on Exhibit A as prepared by Sxxxx Xxxxxxxxxx Architects (dated September 23, 2004) for the preparation and completion of all preliminary and final Working Drawingstenant improvements to be constructed in the Premises. Lessee Landlord shall retain its own architects and engineers to prepare Working Drawings, provided that Lessor first approves such engineers and architects so selected by Lessee, which approval shall not be unreasonably withheld or delayed. Lessee shall provide copies of the preliminary cause Final Working Drawings and Specifications (“Final Working Drawings and Specifications”) to Lessorbe prepared and delivered to Tenant. The Final Working Drawings and Specifications will show, together with a list among other things, (i) the demising plan, finish schedule of elements of Lessee's Work Landlord’s building standard items (e.g., carpeting and other floor coverings, doors, hardware, lighting and ceiling), and Tenant’s design work desired by Tenant therefor, and (ii) any internal or external communications or special utility facilities which Lessee intends will require conduits or other improvements within common areas. The work shown on the Final Working Drawings and Specifications is hereafter referred to remove from as the Premises upon the expiration or earlier termination of this Lease“Landlord’s Work”). Lessor shall provide to Lessee Tenant shall, within ten three (103) business days thereafter a list following its receipt of corrections the Final Working Drawings and modifications which Lessor requires Specifications, either approve such Final Working Drawings and Specifications or provide Landlord with the reasons that Tenant is withholding such consent. Tenant’s approval or consent shall be limited to verification that the Final Working Drawings and Specifications accurately detail and are not substantially different from the floor plans as shown on Exhibit A. If Tenant does not approve the Final Working Drawings and Specifications, Landlord shall cause them to be made to the Working Drawings. Lessor shall also provide to Lessee revised, and then resubmit them Tenant for review within such 10-business day period a list of those elements of Lessee's Work which Lessee must remove at the expiration or earlier termination of this Lease. Lessee shall revise the preliminary Working Drawings to incorporate the corrections and modifications requested by Lessor and shall submit final Working Drawings to Lessor for its approval. Lessor shall review the final Working Drawings and, within ten three (103) business days after receipt thereof, Lessor shall either (a) notify Lessee that Lessor has approved the final Working Drawings, or (b) provide of Tenant’s notice to Lessee a list Landlord of corrections and modifications which Lessor requires to be made to the Working Drawings. Lessor shall also provide to Lessee within such 10said non-business day period a supplementary list of those elements of Lessee's Work which Lessee must remove at the expiration or earlier termination of this Lease (if any). In the event Lessor returns the Working Drawings to Lessee for correction or modification, Lessee shall diligently correct the Working Drawings and resubmit them to Lessor for approval pursuant to the preceding provisions of this paragraphapproval. No work shall be performed undertaken by Lxxxxxxx until final the Final Working Drawings and Specifications have been finally approved by Tenant. Landlord’s contractor(“Contractor”), Landlord’s architect and/or Landlord’s engineer (sometimes referred collectively as “Consultants”) shall furnish all services necessary for securing such approvals as, by reason of the nature of the Landlord’s Work, shall be required from any governmental authority having jurisdiction or compliance deemed necessary by Landlord including without limitation, compliance with regulations governing ACM (asbestos containing material), hazardous wastes or materials, OSHA, CAL-OSHA, life-safety, sprinklers and the like. Unless otherwise specified in writing by Lessor. The review and/or approval by Lessor or its architect or engineers of any plans, sketches or the Final Working Drawings submitted and Specifications, Landlord shall use building standard materials as determined by Lessee relating to Lessee's Improvements shall not (i) constitute an opinion or representation by Lessor that the same are in compliance with all applicable Legal Requirements and the provisions of all applicable insurance policies or as to the feasibility of constructing the work shown thereon, or (ii) impose on Lessor any responsibility for a design defect, it being agreed that all such responsibility shall remain solely with Lessee. Lessee shall reimburse Lessor promptly upon demand therefor for all out-of-pocket costs and expenses reasonably incurred by Lessor in connection with the review by Lessor's architect, engineer or other consultant (but not for Lessor's "in-house" review) of any plans, drawings and specifications submitted by Lessee pursuant to this Work Letter, which reimbursement shall be due and payable as Additional RentLandlord.
Appears in 1 contract
Samples: Radyne Corp
Working Drawings. Lessee Within fifteen (15) business days after the execution of this Lease Tenant shall be solely responsible provide to Landlord for its approval final working drawings, prepared by an architect that has been approved by Landlord, of all leasehold improvements that Tenant proposes to install in the portion of the Premises that are situated in the Building ("Leasehold Improvements"); such working drawings shall include the partition layout, ceiling plan, electrical outlets and switches, telephone outlets, drawings or any modifications to the mechanical and plumbing systems of the Building, and detailed plans and specifications for the preparation construction of the Leasehold Improvements called for under this Exhibit "C" in accordance with all applicable governmental laws, codes, rules and completion regulations (including but not limited to the law commonly known as the "Americans With Disabilities Act", as may be amended from time to time, and related regulations). Landlord's approval of all preliminary and final such Working Drawings. Lessee shall retain its own architects and engineers to prepare Working Drawings, provided that Lessor first approves such engineers and architects so selected by Lessee, which approval Drawings shall not be unreasonably withheld or delayed. Lessee shall provide copies withheld, provided that (a) they comply with all applicable governmental laws, codes, rules, and regulations, (b) such working drawings are sufficiently detailed to allow construction of the preliminary Working Drawings Leasehold Improvements in a good and workmanlike manner, (c) the improvements depicted thereon conform to Lessorthe "Alliance Development Guidelines", together with a list and (d) the improvements contemplated thereby would not impair the structural integrity of elements the Building, nor include more than 2,000 square feet of Lessee's Work which Lessee intends to remove from additional mezzanine space on the Premises upon east side of the expiration or earlier termination Building, nor include more than 4,000 square feet of this Lease. Lessor shall provide to Lessee within ten additional mezzanine space on the west side of the Building (10) business days thereafter a list of corrections it being understood and modifications which Lessor requires agreed that the Leasehold Improvements permitted to be made installed or constructed pursuant to this Exhibit "C" shall not in any event impair the structural integrity of the Building nor include more than 2,000 square feet of additional mezzanine space on the east side of the Building, nor include more than 4,000 square feet of additional mezzanine space on the west side of the Building). As used herein, "Working Drawings" shall mean the final working drawings approved by Landxxxx, xx amended from time to time by any approved changes thereto, and "Work" shall mean the work required to construct and install all Leasehold Improvements to be constructed in accordance with and as indicated on the Working Drawings. Lessor Approval by Landlord of the Working Drawings shall also provide not be a representation or warranty of Landlord, and shall create no responsibility or liability on the part of Landlord, with respect to Lessee within such 10-business day period a list their adequacy for any use, purpose or condition, their completeness, design sufficiency, or compliance with any laws, rules or regulations of those elements governmental agencies or authorities (except compliance with the matters set forth in subparagraph (c) above), but shall merely be the consent of Lessee's Work which Lessee must remove Landlord to the performance of the Work. Tenant shall, at Landxxxx'x xequest, sign the expiration or earlier termination of this Lease. Lessee shall revise the preliminary Working Drawings to incorporate evidence its review and approval thereof. All changes in the corrections Work must receive the prior written approval of Landlord, and modifications requested in the event of any such approved change Tenant shall, upon completion of the Work, furnish Landlord with an accurate, reproducible "as-built" plan (e.g., sepia) of the Leasehold Improvements as constructed, which plan shall be incorporated into this Lease by Lessor and this reference for all purposes. All approvals shall submit final Working Drawings to Lessor for its approval. Lessor shall review the final Working Drawings and, be given or denied within ten (10) 5 business days after receipt thereof, Lessor of written request therefor and any disapproval shall either (a) notify Lessee that Lessor has approved be accompanied by specific written comments explaining the final Working Drawings, or (b) provide to Lessee a list of corrections reasons for the disapproval and modifications which Lessor requires to be made suggesting appropriate changes. Notwithstanding anything to the Working Drawings. Lessor shall also provide to Lessee within such 10-business day period a supplementary list contrary contained herein, the issue of those elements whether any improvements under this Exhibit "C" (or any alterations, additions, trade fixtures or improvements under Paragraph 7 of Lessee's Work which Lessee must remove at the expiration or earlier termination Lease) impair the structural integrity of this Lease (if any). In the event Lessor returns the Working Drawings to Lessee for correction or modification, Lessee shall diligently correct the Working Drawings and resubmit them to Lessor for approval pursuant to the preceding provisions of this paragraph. No work Building shall be performed until final Working Drawings have been approved in writing decided by Lessor. The review and/or approval by Lessor or its architect or engineers of any plans, sketches or Working Drawings submitted by Lessee relating to Lessee's Improvements shall not (i) constitute an opinion or representation by Lessor that the same are in compliance with all applicable Legal Requirements and the provisions of all applicable insurance policies or as to the feasibility of constructing the work shown thereon, or (ii) impose on Lessor any responsibility for a design defect, it being agreed that all such responsibility shall remain solely with Lessee. Lessee shall reimburse Lessor promptly upon demand therefor for all out-of-pocket costs and expenses reasonably incurred by Lessor in connection with the review by Lessor's architect, engineer or other consultant (but not for Lessor's "in-house" review) of any plans, drawings and specifications submitted by Lessee pursuant to this Work Letter, which reimbursement shall be due and payable as Additional RentArchitect.
Appears in 1 contract
Samples: Lease Agreement (Advancepcs)
Working Drawings. Lessee shall be solely responsible for the preparation and completion of all preliminary and final As used herein, “Working Drawings. Lessee shall retain its own architects ” means the final working drawings prepared by Landlord without objection by Xxxxxx, as amended from time to time by any approved changes thereto, and engineers “Work” means all improvements to prepare be constructed in accordance with and as indicated on the Working Drawings, provided that Lessor first approves such engineers and architects so selected by Lessee, which approval shall not be unreasonably withheld or delayed. Lessee shall provide copies of the preliminary Working Drawings to Lessor, together with a list of elements of Lessee's Work which Lessee intends to remove from the Premises upon the expiration or earlier termination of this Lease. Lessor shall provide to Lessee within ten (10) business days thereafter a list of corrections and modifications which Lessor requires any work required by governmental authorities to be made to other areas outside of the Premises as a result of the improvements indicated by the Working Drawings. Lessor Final consent for the Working Drawings shall also provide to Lessee within not be a representation or warranty of Tenant that such 10-business day period a list drawings are adequate for any use or comply with any Law, but shall merely be the consent of those elements of Lessee's Work which Lessee must remove Tenant thereto. Tenant shall, at Xxxxxxxx’s request, sign the expiration or earlier termination of this Lease. Lessee shall revise the preliminary Working Drawings to incorporate evidence its review and consent thereof. After the corrections and modifications requested by Lessor and shall submit final Working Drawings to Lessor for its approval. Lessor have been finally consented to, Landlord shall review cause the final Working Drawings and, within ten (10) business days after receipt thereof, Lessor shall either (a) notify Lessee that Lessor has approved the final Working Drawings, or (b) provide to Lessee a list of corrections and modifications which Lessor requires Work to be made to performed in accordance with the Working Drawings. Lessor shall also provide to Lessee within such 10-business day period a supplementary list of those elements of Lessee's Work which Lessee must remove at the expiration or earlier termination of this Lease TENANT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE PLANS, THE WORKING DRAWINGS OR THE WORK (if anyOR ANY OTHER SERVICES PROVIDED BY THE ARCHITECT, XXXXXXXX’S CONTRACTOR OR ANY OF THEIR SUBCONTRACTORS). In the event Lessor returns the Working Drawings to Lessee for correction or modificationALL IMPLIED WARRANTIES BY TENANT WITH RESPECT THERETO, Lessee shall diligently correct the Working Drawings and resubmit them to Lessor for approval pursuant to the preceding provisions of this paragraphINCLUDING THOSE OF HABITABILITY, MERCHANTABILITY, MARKETABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY NEGATED AND WAIVED. No work shall be performed until final Working Drawings have been approved in writing by LessorWITHOUT LIMITING THE FOREGOING, TENANT SHALL NOT BE RESPONSIBLE FOR ANY FAILURE OF THE WORK. The review and/or approval by Lessor or its architect or engineers of any plansTENANT WILL NOT BE RESPONSIBLE FOR, sketches or Working Drawings submitted by Lessee relating to Lessee's Improvements shall not (i) constitute an opinion or representation by Lessor that the same are in compliance with all applicable Legal Requirements and the provisions of all applicable insurance policies or as to the feasibility of constructing the work shown thereonOR HAVE CONTROL OR CHARGE OVER, or (ii) impose on Lessor any responsibility for a design defectTHE ACTS OR OMISSIONS OF THE ARCHITECT OR ITS AGENTS OR EMPLOYEES. TENANT IS NOT ACTING AS A CONTRACTOR AND IS NOT GUARANTEEING THE SITE PLANS, it being agreed that all such responsibility shall remain solely with Lessee. Lessee shall reimburse Lessor promptly upon demand therefor for all out-of-pocket costs and expenses reasonably incurred by Lessor in connection with the review by Lessor's architectTHE WORKING DRAWINGS OR THE WORK, engineer or other consultant (but not for Lessor's "in-house" review) of any plans, drawings and specifications submitted by Lessee pursuant to this Work Letter, which reimbursement shall be due and payable as Additional RentXXXXXXXX’S SOLE RECOURSE WITH RESPECT THERETO BEING THE PURSUIT OF LANDLORD’S REMEDIES UNDER THE WARRANTIES CONTAINED IN LANDLORD’S CONSTRUCTION CONTRACT OR IN LANDLORD’S ARCHITECT’S AGREEMENT.
Appears in 1 contract
Samples: Lease
Working Drawings. Lessee shall be solely responsible for the preparation and completion of all preliminary and final Working Drawings. Lessee shall retain its own architects and engineers to prepare Working Drawings, provided that PROVIDED THAT Lessor first approves such engineers and architects so selected by Lessee, which approval shall not be unreasonably withheld or delayed. Lessee shall provide copies of the preliminary Working Drawings to Lessor, together with a list of elements of Lessee's Work which Lessee intends to remove from the Premises upon the expiration or earlier termination of this Lease. and Lessor shall provide to Lessee within ten one (10i) business days day thereafter a list of corrections and modifications which Lessor requires to be made to the Working Drawings. Lessor shall also provide to Lessee within such 10-business day period a list of those elements of Lessee's Work which Lessee must remove at the expiration or earlier termination of this Lease. Lessee shall revise the preliminary Working Drawings to incorporate the corrections and modifications requested by Lessor and shall submit final Working Drawings to Lessor for its approval. Lessor shall review the final Working Drawings and, within ten one (101) business days day after receipt thereof, Lessor shall either (a) notify Lessee that Lessor has approved the final Working Drawings, or (b) provide to Lessee a list of corrections and modifications which Lessor requires to be made to the Working Drawings. Lessor shall also provide to Lessee within such 10-business day period a supplementary list of those elements of Lessee's Work which Lessee must remove at the expiration or earlier termination of this Lease (if any). In the event Lessor returns the Working Drawings to Lessee for correction or modification, Lessee shall diligently correct the Working Drawings and resubmit re-submit them to Lessor for approval pursuant to the preceding provisions of this paragraph. No work shall be performed until final Working Drawings have been approved in writing by Lessor. The review and/or approval by Lessor or its architect or engineers of any plans, sketches or Working Drawings submitted by Lessee relating to Lessee's Improvements shall not (i) constitute an opinion or representation by Lessor that the same are in compliance with all applicable Legal Requirements and the provisions of all applicable insurance policies or as to the feasibility of constructing the work shown thereon, or (ii) impose on Lessor any responsibility for a design defect, it being agreed that all such responsibility shall remain solely with Lessee. Lessee shall reimburse Lessor Lessor, promptly upon demand therefor therefor, for all out-of-pocket costs and expenses reasonably incurred by Lessor in connection with the review by Lessor's architect, engineer or other consultant (but not for Lessor's "in-house" review) of reviewing any plans, drawings and specifications submitted by Lessee pursuant to this Work Letter, which reimbursement shall be due and payable as Additional Rent.
Appears in 1 contract
Samples: Analog Devices Inc
Working Drawings. Lessee On or before September 15, 1999, Tenant shall, at its expense, provide to Landlord for its approval final working drawings, prepared by DLR Group or another architect that has been approved by Landlord, of all improvements that Tenant proposes to install in the Premises ("Leasehold Improvements") which Leasehold Improvements are generally described on Exhibit "C-2" attached hereto and made a part hereof; such working drawings shall be solely responsible include the partition layout, ceiling plan, electrical outlets and switches, telephone outlets, drawings or any modifications to the mechanical and plumbing systems of the Building, and detailed plans and specifications for the preparation construction of the Leasehold Improvements called for under this Exhibit "C" in accordance with all applicable governmental laws, codes, rules and completion regulations. Further, if any of Tenant's proposed construction work will affect the Building's HVAC, electrical, mechanical, plumbing systems or other central or branch systems, then the working drawings pertaining thereto shall, at Landlord's option, be prepared by the Building's engineer of record, whom Tenant shall at its cost engage for such purpose. Landlord's approval of such working drawings shall not be unreasonably withheld, provided that (a) they comply with all preliminary applicable governmental laws, codes, rules, and regulations, (b) such working drawings are sufficiently detailed to allow construction of the Leasehold Improvements in a good and workmanlike manner, and (c) the improvements depicted thereon conform to the scope of work depicted on Exhibit "C-2" attached hereto and to the rules and regulations promulgated from time to time by Landlord for the construction of tenant improvements (a copy of which has been delivered to Tenant). As used herein, "Working Drawings" shall mean the final working drawings approved by Landlord, as amended from time to time by any approved changes thereto, and "Work" shall mean the work required to construct and install all Leasehold Improvements to be constructed in accordance with and as indicated on the Working Drawings. Lessee Approval by Landlord of the Working Drawings shall retain not be a representation or warranty of Landlord, and shall create no responsibility or liability on the part of Landlord, with respect to their adequacy for any use, purpose or condition, their completeness, design sufficiency, or compliance with any laws, rules or regulations of governmental agencies or authorities, but shall merely be the consent of Landlord to the performance of the Work. Tenant shall, at Landlord's request, sign the Working Drawings to evidence its own architects review and engineers to prepare Working Drawings, provided that Lessor first approves such engineers and architects so selected by Lesseeapproval thereof. All changes in the Work must receive the prior written approval of Landlord, which approval shall not be unreasonably withheld so long as the changes in the Work do not adversely affect the Shell, the Building systems, or delayed. Lessee shall provide copies Landlord's timely prosecution of the preliminary Working Drawings to LessorLandlord's Work, together and in the event of any such approved change Tenant shall, upon completion of the Work, furnish Landlord with a list an accurate, reproducible "as-built" plan (e.g., sepia) of elements of Lessee's Work the Leasehold Improvements as constructed, which Lessee intends to remove from the Premises upon the expiration or earlier termination of this Lease. Lessor plan shall provide to Lessee within ten (10) business days thereafter a list of corrections and modifications which Lessor requires to be made to the Working Drawings. Lessor shall also provide to Lessee within such 10-business day period a list of those elements of Lessee's Work which Lessee must remove at the expiration or earlier termination of this Lease. Lessee shall revise the preliminary Working Drawings to incorporate the corrections and modifications requested by Lessor and shall submit final Working Drawings to Lessor for its approval. Lessor shall review the final Working Drawings and, within ten (10) business days after receipt thereof, Lessor shall either (a) notify Lessee that Lessor has approved the final Working Drawings, or (b) provide to Lessee a list of corrections and modifications which Lessor requires to be made to the Working Drawings. Lessor shall also provide to Lessee within such 10-business day period a supplementary list of those elements of Lessee's Work which Lessee must remove at the expiration or earlier termination of incorporated into this Lease (if any). In the event Lessor returns the Working Drawings to Lessee for correction or modification, Lessee shall diligently correct the Working Drawings and resubmit them to Lessor for approval pursuant to the preceding provisions of by this paragraph. No work shall be performed until final Working Drawings have been approved in writing by Lessor. The review and/or approval by Lessor or its architect or engineers of any plans, sketches or Working Drawings submitted by Lessee relating to Lessee's Improvements shall not (i) constitute an opinion or representation by Lessor that the same are in compliance with all applicable Legal Requirements and the provisions of all applicable insurance policies or as to the feasibility of constructing the work shown thereon, or (ii) impose on Lessor any responsibility for a design defect, it being agreed that all such responsibility shall remain solely with Lessee. Lessee shall reimburse Lessor promptly upon demand therefor reference for all out-of-pocket costs and expenses reasonably incurred by Lessor in connection with the review by Lessor's architect, engineer or other consultant (but not for Lessor's "in-house" review) of any plans, drawings and specifications submitted by Lessee pursuant to this Work Letter, which reimbursement shall be due and payable as Additional Rentpurposes.
Appears in 1 contract
Working Drawings. Lessee Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall be solely responsible request the Architect to complete the architectural and engineering drawings for the preparation Premises in a form which is complete to allow subcontractors to bid on the work and completion to obtain all applicable permits (collectively, the “Final Working Drawings”) and shall submit the same to Landlord for Landlord’s approval. For purposes hereof, the Final Working Drawings shall not include any of all preliminary and final the Design-Build Drawings (as defined in Section 3.4 below). Tenant shall supply Landlord with four (4) copies of such Final Working Drawings. Lessee Landlord shall retain its own architects and engineers to prepare Working Drawings, provided that Lessor first approves such engineers and architects so selected by Lessee, which approval shall not be unreasonably withheld or delayed. Lessee shall provide copies of the preliminary Working Drawings to Lessor, together with a list of elements of Lessee's Work which Lessee intends to remove from the Premises upon the expiration or earlier termination of this Lease. Lessor shall provide to Lessee within ten (10) business days thereafter a list of corrections and modifications which Lessor requires to be made to the Working Drawings. Lessor shall also provide to Lessee within such 10-business day period a list of those elements of Lessee's Work which Lessee must remove at the expiration or earlier termination of this Lease. Lessee shall revise the preliminary Working Drawings to incorporate the corrections and modifications requested by Lessor and shall submit final Working Drawings to Lessor for its approval. Lessor shall review the final Working Drawings and, advise Tenant within ten (10) business days after Landlord’s receipt thereof, Lessor shall either (a) notify Lessee that Lessor has approved of the final Final Working Drawings of its approval or disapproval of the Final Working Drawings, it being understood that (i) Landlord shall not unreasonably withhold, condition or delay its approval of the Final Working Drawings, and (bii) provide if Landlord disapproves the Final Working Drawings, Landlord shall specify in reasonable detail the reasons for such disapproval and a proposal for modifications and the parties shall negotiate in good faith to Lessee reach agreement on the item proposed, together with a list description of corrections and modifications which Lessor requires further information required in order for Landlord to be made to approve the Final Working Drawings. Lessor shall also provide If Landlord fails to Lessee within such 10-business day period a supplementary list notify Tenant that it disapproves of those elements of Lessee's Work which Lessee must remove at the expiration or earlier termination of this Lease (if any). In the event Lessor returns the Final Working Drawings within ten (10) business days after the submission thereof, then Landlord shall be deemed to Lessee for correction or modification, Lessee shall diligently correct have approved the Final Working Drawings in question. If Landlord initially disapproves the Final Working Drawings and resubmit them still disapproves the Final Working Drawings within five (5) business days following the second re-submittal thereof, then, so long as Tenant has acted professionally, reasonably and in good faith to Lessor for approval pursuant address and resolve any disapproved items, such continued disapproval shall thereafter be deemed to be a Force Majeure Delay (on a day-for-day basis until Landlord approves the Final Working Drawings). The Final Working Drawings shall be approved or deemed approved by Landlord (the “Approved Working Drawings”) prior to the preceding provisions commencement of this paragraph. No work shall be performed until final Working Drawings have been approved construction in writing the Premises by Lessor. The review and/or approval by Lessor or its architect or engineers of any plans, sketches or Working Drawings submitted by Lessee relating to Lessee's Improvements shall not (i) constitute an opinion or representation by Lessor that the same are in compliance with all applicable Legal Requirements and the provisions of all applicable insurance policies or as to the feasibility of constructing the work shown thereon, or (ii) impose on Lessor any responsibility for a design defect, it being agreed that all such responsibility shall remain solely with Lessee. Lessee shall reimburse Lessor promptly upon demand therefor for all out-of-pocket costs and expenses reasonably incurred by Lessor in connection with the review by Lessor's architect, engineer or other consultant (but not for Lessor's "in-house" review) of any plans, drawings and specifications submitted by Lessee pursuant to this Work Letter, which reimbursement shall be due and payable as Additional RentTenant.
Appears in 1 contract
Samples: Lease (Harmonic Inc)
Working Drawings. Lessee Subject to obtaining Landlord’s approval of the Preliminary Plans, Tenant shall arrange for Xxxxxx’s Architect to prepare working drawings and specifications, including architectural, mechanical, electrical, plumbing and other shop drawings (the “Working Drawings”) for the Tenant Improvements. The Working Drawings shall be solely responsible for based on the preparation and completion Preliminary Plans approved by Landlord. Landlord shall approve or disapprove of all preliminary and final the Working Drawings by written notice to Tenant within five (5) business days after Xxxxxxxx’s receipt of the Working Drawings. Lessee Landlord shall retain not unreasonably withholds its own architects and engineers to prepare approval of the Working Drawings. If Landlord disapproves the Working Drawings, provided that Lessor first approves such engineers and architects so selected by Lessee, which approval shall not be unreasonably withheld or delayed. Lessee shall provide copies Xxxxxxxx’s written notice to Tenant disapproving of the preliminary Working Drawings to Lessorshall include (i) a description of the disapproved element of the Preliminary Plans, together with a list of elements of Lessee's Work which Lessee intends to remove from (ii) the Premises upon the expiration or earlier termination of this Lease. Lessor shall provide to Lessee within ten reasons for Landlord’s disapproval and (10iii) business days thereafter a list of corrections and at Landlord’s option, suggested modifications which Lessor requires to be made to the Working Drawings. Lessor shall also provide to Lessee within such 10-business day period a list If Landlord disapproves of those elements of Lessee's Work which Lessee must remove at the expiration or earlier termination of this Lease. Lessee shall revise the preliminary Working Drawings to incorporate the corrections and modifications requested by Lessor and shall submit final Working Drawings to Lessor for its approval. Lessor shall review the final Working Drawings and, within ten (10) business days after receipt thereof, Lessor shall either (a) notify Lessee that Lessor has approved the final Working Drawings, or (b) provide Tenant shall arrange for Xxxxxx’s Architect to Lessee a list of corrections and modifications which Lessor requires to be made to the Working Drawings. Lessor shall also provide to Lessee within such 10-business day period a supplementary list of those elements of Lessee's Work which Lessee must remove at the expiration or earlier termination of this Lease (if any). In the event Lessor returns revise the Working Drawings to Lessee for correction or modification, Lessee shall diligently correct address Xxxxxxxx’s comments and/or incorporate Xxxxxxxx’s proposed changes and resubmit the Working Drawings to Landlord for Landlord’s review and resubmit them to Lessor for approval pursuant to approval. Landlord shall review the preceding provisions of this paragraph. No work shall be performed until final revised Working Drawings and approve or disapprove of the revised Working Drawings within three (3) days after Landlord’s receipt thereof in accordance with the procedure provided above. The Working Drawings which have been approved in writing by LessorLandlord are hereinafter referred to as the “Approved Working Drawings”. The review and/or If Landlord fails to respond to Xxxxxx’s request for approval by Lessor or its architect or engineers disapproval of any plans, sketches or the Working Drawings submitted by Lessee relating within the time periods provided for above, such approval shal l be deemed to Lessee's Improvements shall not (i) constitute an opinion or representation by Lessor that the same are in compliance with all applicable Legal Requirements and the provisions of all applicable insurance policies or as to the feasibility of constructing the work shown thereon, or (ii) impose on Lessor any responsibility for a design defect, it being agreed that all such responsibility shall remain solely with Lessee. Lessee shall reimburse Lessor promptly upon demand therefor for all out-of-pocket costs and expenses reasonably incurred by Lessor in connection with the review by Lessor's architect, engineer or other consultant (but not for Lessor's "in-house" review) of any plans, drawings and specifications submitted by Lessee pursuant to this Work Letter, which reimbursement shall be due and payable as Additional Renthave been given.
Appears in 1 contract
Samples: Menlo Oaks Corporate Center Lease (E Trade Group Inc)
Working Drawings. Lessee Within 60 days after the date hereof, Tenant shall, at its expense, provide to Landlord for its approval a fit-out floor-plan, prepared by DLR Group or another architect that has been approved by Landlord, of all improvements that Tenant proposes to install in the Premises ("Leasehold Improvements") which Leasehold Improvements are generally described on Exhibit "C-2" attached hereto and made a part hereof, such working drawings shall be solely responsible include the partition layout, ceiling plan, electrical outlets and switches, telephone outlets, drawings or any modifications to the mechanical and plumbing systems of the Building, and detailed plans and specifications for the preparation construction of the Leasehold Improvements called for under this Exhibit "C" in accordance with all applicable governmental laws, codes, rules and completion regulations. Further, if any of Tenant's proposed construction work will affect the Building's HVAC, electrical, mechanical, plumbing systems or other central or branch systems, then the working drawings pertaining thereto shall, at Landlord's option be prepared by the Building's engineer of record, whom Tenant shall at its cost engage for such purpose. Landlord's approval of such working drawings shall not be unreasonably withheld, provided that (a) they comply with all preliminary applicable governmental laws, codes, rules, and regulations, (b) such working drawings are sufficiently detailed to allow construction of the Leasehold Improvements in a good and workmanlike manner, and (c) the improvements depicted thereon conform to the scope of work depicted on Exhibit "C-2" attached hereto and to the rules and regulations promulgated from time to time by Landlord for the construction of tenant improvements (a copy of which has been delivered to Tenant). As used herein, "Working Drawings", shall mean the final working drawings approved by Landlord, as amended from time to time by any approved changes thereto, and "Work" shall mean the work required to construct and install all Leasehold Improvements to be constructed in accordance with and as indicated on the Working Drawings. Lessee Approval by Landlord of the Working Drawings shall retain not be a representation or warranty of Landlord, and shall create no responsibility or liability on the part of Landlord, with respect to their adequacy for any use, purpose or condition, their completeness, design sufficiency, or compliance with any laws, rules or regulations of governmental agencies or authorities, but shall merely be the consent of Landlord to the performance of the Work. Tenant shall, at Landlord's request sign the Working Drawings to evidence its own architects review and engineers to prepare Working Drawings, provided that Lessor first approves such engineers and architects so selected by Lesseeapproval thereof. All changes in the Work must receive the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Lessee shall provide copies so long as the changes in the Work do not adversely affect the shell of the preliminary Working Drawings to Lessor, together with a list of elements of Lessee's Work which Lessee intends to remove from the Premises upon the expiration or earlier termination of this Lease. Lessor shall provide to Lessee within ten (10) business days thereafter a list of corrections and modifications which Lessor requires to be made to the Working Drawings. Lessor shall also provide to Lessee within such 10-business day period a list of those elements of Lessee's Work which Lessee must remove at the expiration or earlier termination of this Lease. Lessee shall revise the preliminary Working Drawings to incorporate the corrections and modifications requested by Lessor and shall submit final Working Drawings to Lessor for its approval. Lessor shall review the final Working Drawings and, within ten (10) business days after receipt thereof, Lessor shall either (a) notify Lessee that Lessor has approved the final Working DrawingsBuilding, or the Building systems, and in the event of any such approved change Tenant shall, upon completion of the Work, furnish Landlord with an accurate, reproducible "as built" plan (be.g., sepia) provide to Lessee a list of corrections and modifications the Leasehold Improvements as constructed, which Lessor requires to plan shall be made to the Working Drawings. Lessor shall also provide to Lessee within such 10-business day period a supplementary list of those elements of Lessee's Work which Lessee must remove at the expiration or earlier termination of incorporated into this Lease (if any). In the event Lessor returns the Working Drawings to Lessee for correction or modification, Lessee shall diligently correct the Working Drawings and resubmit them to Lessor for approval pursuant to the preceding provisions of by this paragraph. No work shall be performed until final Working Drawings have been approved in writing by Lessor. The review and/or approval by Lessor or its architect or engineers of any plans, sketches or Working Drawings submitted by Lessee relating to Lessee's Improvements shall not (i) constitute an opinion or representation by Lessor that the same are in compliance with all applicable Legal Requirements and the provisions of all applicable insurance policies or as to the feasibility of constructing the work shown thereon, or (ii) impose on Lessor any responsibility for a design defect, it being agreed that all such responsibility shall remain solely with Lessee. Lessee shall reimburse Lessor promptly upon demand therefor reference for all out-of-pocket costs and expenses reasonably incurred by Lessor in connection with the review by Lessor's architect, engineer or other consultant (but not for Lessor's "in-house" review) of any plans, drawings and specifications submitted by Lessee pursuant to this Work Letter, which reimbursement shall be due and payable as Additional Rentpurposes.
Appears in 1 contract
Working Drawings. Lessee Landlord shall cause to be prepared plans, specifications and construction drawings of all improvements that Tenant proposes to install in the Additional Premises (“Additional Leasehold Improvements”), which Additional Leasehold Improvements are generally described as follows: warehouse lights, roof-mounted heating and ventilation equipment, dock packages, demising wall and an opening in the existing wall. The Additional Leasehold Improvements shall be solely responsible for substantially the preparation and completion of all preliminary and final same as the Leasehold Improvements. As used herein, “Working Drawings. Lessee ” shall retain its own architects mean the final plans, specifications and engineers construction drawings, as amended from time to prepare Working Drawingstime, provided that Lessor first approves such engineers and architects so selected by Lessee, which approval “Work” shall not be unreasonably withheld or delayed. Lessee shall provide copies of mean the preliminary Working Drawings work required to Lessor, together with a list of elements of Lessee's Work which Lessee intends to remove from the Premises upon the expiration or earlier termination of this Lease. Lessor shall provide to Lessee within ten (10) business days thereafter a list of corrections construct and modifications which Lessor requires install all Additional Leasehold Improvements to be made to constructed in accordance with and as indicated on the Working Drawings. Lessor shall also provide to Lessee within such 10-business day period a list Preparation by Landlord of those elements of Lessee's Work which Lessee must remove at the expiration or earlier termination of this Lease. Lessee shall revise the preliminary Working Drawings to incorporate the corrections and modifications requested by Lessor shall not be a representation or warranty of Landlord, and shall submit final Working Drawings create no responsibility or liability on the part of Landlord, with respect to Lessor their adequacy for its approval. Lessor shall review the final Working Drawings andany use, within ten (10) business days after receipt thereofpurpose or condition, Lessor shall either (a) notify Lessee that Lessor has approved the final Working Drawingstheir completeness, design sufficiency, or (b) provide to Lessee a list compliance with any laws, rules or regulations of corrections and modifications which Lessor requires to governmental agencies or authorities, but shall merely be made the consent of Landlord to the Working Drawingsperformance of the Work. Lessor shall also provide to Lessee within such 10-business day period a supplementary list of those elements of Lessee's Work which Lessee must remove Tenant shall, at the expiration or earlier termination of this Lease (if any). In the event Lessor returns Landlord’s request, sign the Working Drawings to Lessee for correction or modificationevidence its review and approval thereof. All changes in the Work must receive the prior written approval of Landlord, Lessee shall diligently correct and in the Working Drawings and resubmit them to Lessor for approval pursuant to event of any such approved change Tenant shall, upon completion of the preceding provisions Work, furnish Landlord with an accurate, reproducible “as-built” plan (e.g., sepia) of this paragraph. No work the Additional Leasehold Improvements as constructed, which plan shall be performed until final Working Drawings have been approved in writing incorporated into this First Amendment by Lessor. The review and/or approval by Lessor or its architect or engineers of any plans, sketches or Working Drawings submitted by Lessee relating to Lessee's Improvements shall not (i) constitute an opinion or representation by Lessor that the same are in compliance with all applicable Legal Requirements and the provisions of all applicable insurance policies or as to the feasibility of constructing the work shown thereon, or (ii) impose on Lessor any responsibility for a design defect, it being agreed that all such responsibility shall remain solely with Lessee. Lessee shall reimburse Lessor promptly upon demand therefor this reference for all out-of-pocket costs and expenses reasonably incurred by Lessor in connection with the review by Lessor's architect, engineer or other consultant (but not for Lessor's "in-house" review) of any plans, drawings and specifications submitted by Lessee pursuant to this Work Letter, which reimbursement shall be due and payable as Additional Rentpurposes.
Appears in 1 contract
Working Drawings. Lessee shall be solely responsible for the timely preparation and completion of all preliminary and final Working Drawings. Lessee shall retain its own architects and engineers to prepare Working Drawings, provided that Lessor first approves such engineers and architects so selected by Lessee, which approval shall not be unreasonably withheld or delayed. On February 23, 2007, Lessee shall provide copies of delivered to Lessor the preliminary Working Drawings identified on Schedule 2 attached to Lessorthese Construction Provisions and made a part hereof, together with a list and Lessor has approved those Working Drawings. In addition, Lessee agrees that upon receipt of elements of Lessee's Work which Lessee intends to remove written notice from the Premises Lessor upon the expiration or earlier termination of this Lease. Lessor shall provide to , Lessee within ten (10) business days thereafter a list of corrections shall, at its sole cost and modifications which Lessor requires to be made to the Working Drawings. Lessor shall also provide to Lessee within such 10-business day period a list of expense, remove those elements portions of Lessee's Work listed on Schedule 3 attached to these Construction Provisions which are identified in Lessor's notice and restore those portions of the Leased Premises as provided on Schedule 3. Lessee must acknowledges and agrees that with respect to systems to be installed or modified in the Leased Premises that connect to systems outside of the Leased Premises (e.g., fire alarm), Lessor will not approve the final Working Drawings if they specify systems or components that do not match the existing system or components currently in the Leased Premises. In addition, with respect to the existing tiled areas in the Leased Premises, Lessee agrees to carpet over the existing tile rather than remove the same. Lessor shall, at its sole cost and expense, repair or replace any broken or loose floor tiles prior to the expiration or earlier termination installation of this Leasesuch carpeting. Lessee shall revise the preliminary Working Drawings to incorporate the corrections and modifications requested by Lessor and shall submit deliver final Working Drawings to Lessor for its approval. Lessor shall review the final Working Drawings and, subject to the provisions of Paragraph 12 below, Lessor shall, within ten (10) business days after receipt thereof, Lessor shall either (a) notify Lessee that Lessor has approved the final Working Drawings, or (b) provide to Lessee a list of corrections and modifications which Lessor requires to be made to the Working DrawingsDrawings for the reasons set forth in the last sentence of the preceding paragraph. Lessor shall also provide to Lessee within such 10-business day period a supplementary list of those elements of Lessee's Work which Lessee must remove at the expiration or earlier termination of this Lease (if any)Lease. In the event Lessor returns the Working Drawings to Lessee for correction or modification, Lessee shall diligently correct the Working Drawings and resubmit re-submit them to Lessor for approval pursuant to the preceding provisions of this paragraph. No work shall be performed until will final Working Drawings have been approved in writing by Lessor. The review and/or approval by Lessor or its architect or engineers of any plans, sketches or Working Drawings submitted by Lessee relating to Lessee's Improvements shall not (i) constitute an opinion or representation by Lessor that the same are in compliance with all applicable Legal Requirements and the provisions of all applicable insurance policies Insurance Requirements, or as to the feasibility of constructing the work shown thereon, or (ii) impose on Lessor any responsibility for a design defect, it being agreed that all such responsibility shall remain solely with Lessee. Lessee shall reimburse Lessor promptly upon demand therefor for all out-of-pocket costs and expenses reasonably incurred by Lessor in connection with the review by Lessor's architect, engineer or other consultant (but not for Lessor's "in-house" review) of any plans, drawings and specifications submitted by Lessee pursuant to this Work Letter, which reimbursement shall be due and payable as Additional Rent.
Appears in 1 contract
Samples: Lease Agreement (Equallogic Inc)
Working Drawings. Lessee Based upon the Approved Space Plan, by the date specified in the Work Schedule, Landlord shall cause the Engineers to complete and deliver to Tenant for Tenant's approval, two (2) copies of complete, fully coordinated architectural and (to the extent required) structural, mechanical, electrical and plumbing working drawings and specifications for the Tenant Improvements for the Premises in a form which is sufficiently complete to allow the Contractor and all subcontractors to bid on the work shown therein and to obtain all applicable Permits (defined below) therefor (collectively, the "Working Drawings"). The Working Drawings shall be solely responsible for consistent with the preparation and completion of all preliminary and final Working DrawingsApproved Space Plan. Lessee shall retain its own architects and engineers to prepare Tenant shall, by the date specified in the Work Schedule, either (i) approve the Working Drawings, provided that Lessor first approves such engineers and architects so selected (ii) approve the Working Drawings subject to specified conditions to be satisfied by Lessee, which approval shall not be unreasonably withheld or delayed. Lessee shall provide copies Landlord prior to submission of the preliminary same by Landlord for the Permits, or (iii) disapprove and return the same to Landlord with required revisions. If Tenant disapproves the Working Drawings to LessorDrawings, together with a list of elements of Lessee's Work which Lessee intends to remove from the Premises upon the expiration or earlier termination of this Lease. Lessor shall provide to Lessee within ten three (103) business days thereafter a list of corrections receipt of such disapproval, Landlord shall cause the Architect to make all changes thereto required to satisfy Tenant's required revisions and modifications which Lessor requires shall resubmit to be made to the Landlord such revised Working Drawings. Lessor shall also provide to Lessee within such 10-business day period a list of those elements of Lessee's Work which Lessee must remove at the expiration or earlier termination of this Lease. Lessee shall revise the preliminary Working Drawings to incorporate the corrections , and modifications requested by Lessor and shall submit final Working Drawings to Lessor for its approval. Lessor shall review the final Working Drawings andLandlord shall, within ten three (103) business days after receipt thereof, Lessor shall either (a) notify Lessee that Lessor has approved the final Tenant receives such resubmitted Working Drawings, approve, approve with conditions, or (b) provide to Lessee a list of corrections and modifications which Lessor requires disapprove the resubmitted Working Drawings, with the foregoing procedure to be made to repeated until the Working Drawings are ultimately approved by Tenant. The Working Drawings. Lessor , as approved by Tenant pursuant to this Section 1(c) shall also provide be referred to Lessee within such 10-business day period a supplementary list in this Work Letter Agreement as the "Approved Working Drawings." Landlord shall cause the process of those elements of Lessee's Work which Lessee must remove at the expiration or earlier termination of this Lease (if any). In the event Lessor returns preparing and approving the Working Drawings to Lessee for correction or modification, Lessee shall diligently correct be completed by such a time that will not delay Landlord's submission of the bid materials and Approved Working Drawings and resubmit them to Lessor for approval pursuant to the preceding provisions Bidding Contractors with sufficient time for such Bidding Contractors to prepare bids for the construction of this paragraph. No work shall be performed until final Working Drawings have been approved in writing the Tenant Improvements, and for Landlord to review, analyze and deliver to Tenant a detailed written recommendation regarding the bids of the Bidding Contractors, by Lessor. The review and/or approval by Lessor or its architect or engineers of any plansno later than September 27, sketches or Working Drawings submitted by Lessee relating to Lessee's Improvements shall not (i) constitute an opinion or representation by Lessor that the same are in compliance with all applicable Legal Requirements and the provisions of all applicable insurance policies or as to the feasibility of constructing the work shown thereon, or (ii) impose on Lessor any responsibility for a design defect, it being agreed that all such responsibility shall remain solely with Lessee. Lessee shall reimburse Lessor promptly upon demand therefor for all out-of-pocket costs and expenses reasonably incurred by Lessor in connection with the review by Lessor's architect, engineer or other consultant (but not for Lessor's "in-house" review) of any plans, drawings and specifications submitted by Lessee pursuant to this Work Letter, which reimbursement shall be due and payable as Additional Rent2005.
Appears in 1 contract
Working Drawings. Lessee Tenant has prepared and submitted to Landlord, for Landlord's approval, final architectural, mechanical (including heating, ventilating and air-conditioning), electrical, plumbing, and structural plans and specifications ("Working Drawings") prepared by Hydzik Xxxxxx Associates, Ltd. necessary to complete the work depicted on the Preliminary Plans and to obtain a building permit and other governmental approvals for commencement of the improvements shown thereon. Tenant, at Landlord's cost chargeable against the Planning Allowance, shall be solely responsible pay for the preparation and completion cost of all preliminary and final preparing the Working Drawings. Lessee Landlord shall retain review the Working Drawings and grant its own architects and engineers to prepare consent thereto (or disapproval of the Working Drawings, provided that Lessor first approves such engineers and architects so selected by LesseeDrawings thereof) within five (5) business days after receipt thereof, which approval shall not be unreasonably withheld or delayedwithheld. Lessee Failure by Landlord to disapprove the Working Drawings within said five (5) business day period shall provide copies be deemed an approval by Landlord of the preliminary Working Drawings. If Landlord disapproves the Working Drawings as aforesaid, Landlord shall state with specificity Landlord's reason for disapproval. Tenant shall then modify the Working Drawings to Lessorsatisfy Landlord's objections and resubmit the Working Drawing to Landlord for its consent or denial, together with a list of elements of Lessee's Work which Lessee intends to remove from the Premises upon the expiration or earlier termination of this Lease. Lessor resubmittal shall provide to Lessee be accomplished within ten five (105) business days thereafter days. The foregoing procedure shall be followed until final Landlord approval of the Working Drawings. The final Working Drawings approved by Landlord shall be herein referred to as the "Approved Working Drawings." If during construction there is a list conflict between the Building Shell and Core and the construction contemplated by the Approved Working Drawings, the Building Shell and Core conditions shall prevail. In no event shall Landlord's review or approval of corrections and modifications which Lessor requires the Working Drawings give rise to be made any liability of Landlord with respect to the Working Drawings. Lessor shall also provide , including but not limited to Lessee within such 10-business day period a list issues of those elements of Lessee's Work which Lessee must remove at the expiration or earlier termination of this Lease. Lessee shall revise the preliminary Working Drawings to incorporate the corrections and modifications requested by Lessor and shall submit final Working Drawings to Lessor for its approval. Lessor shall review the final Working Drawings and, within ten (10) business days after receipt thereof, Lessor shall either (a) notify Lessee that Lessor has approved the final Working Drawings, or (b) provide to Lessee a list of corrections and modifications which Lessor requires to be made to the Working Drawings. Lessor shall also provide to Lessee within such 10-business day period a supplementary list of those elements of Lessee's Work which Lessee must remove at the expiration or earlier termination of this Lease (if any). In the event Lessor returns the Working Drawings to Lessee for correction or modification, Lessee shall diligently correct the Working Drawings and resubmit them to Lessor for approval pursuant to the preceding provisions of this paragraph. No work shall be performed until final Working Drawings have been approved in writing by Lessor. The review and/or approval by Lessor or its architect or engineers of any plans, sketches or Working Drawings submitted by Lessee relating to Lessee's Improvements shall not (i) constitute an opinion or representation by Lessor that the same are in compliance with all applicable Legal Requirements laws and the provisions of all applicable insurance policies regulations or as to the feasibility of constructing the work shown thereonotherwise, or (ii) impose on Lessor any responsibility for a design defect, it being agreed that all such responsibility to remain with Tenant. Once there exists Approved Working Drawings , Tenant shall remain solely with Lessee. Lessee shall reimburse Lessor promptly upon demand therefor for all out-of-pocket costs and expenses reasonably incurred by Lessor cause the Tenant Improvements to be constructed in connection with the review by Lessor's architect, engineer Premises ("Work" or other consultant (but not for Lessor's "in-house" review) of any plans, drawings and specifications submitted by Lessee pursuant to this Work Letter, which reimbursement shall be due and payable as Additional RentTenant Improvements Work").
Appears in 1 contract
Samples: Office Lease (Picis Inc)
Working Drawings. Lessee Subject to obtaining Landlord’s approval of the Preliminary Plans, Tenant shall arrange for Xxxxxx’s Architect to prepare working drawings and specifications, including architectural, mechanical, electrical, plumbing and other shop drawings (the “Working Drawings”) for the Tenant Improvements. The Working Drawings shall be solely responsible for based on the preparation and completion Preliminary Plans approved by Landlord. Landlord shall approve or disapprove of all preliminary and final the Working Drawings by written notice to Tenant within five (5) business days after Xxxxxxxx’s receipt of the Working Drawings. Lessee Landlord shall retain not unreasonably withholds its own architects and engineers to prepare approval of the Working Drawings If Landlord disapproves the Working Drawings, provided that Lessor first approves such engineers and architects so selected by Lessee, which approval shall not be unreasonably withheld or delayed. Lessee shall provide copies Landlord’s written notice to Tenant disapproving of the preliminary Working Drawings to Lessorshall include (i) a de scription of the disapproved element of the Preliminary Plans, together with a list of elements of Lessee's Work which Lessee intends to remove from (ii) the Premises upon the expiration or earlier termination of this Lease. Lessor shall provide to Lessee within ten reasons for Landlord’s disapproval and (10iii) business days thereafter a list of corrections and at Landlord’s option, suggested modifications which Lessor requires to be made to the Working Drawings. Lessor shall also provide to Lessee within such 10-business day period a list If Landlord disapproves of those elements of Lessee's Work which Lessee must remove at the expiration or earlier termination of this Lease. Lessee shall revise the preliminary Working Drawings to incorporate the corrections and modifications requested by Lessor and shall submit final Working Drawings to Lessor for its approval. Lessor shall review the final Working Drawings and, within ten (10) business days after receipt thereof, Lessor shall either (a) notify Lessee that Lessor has approved the final Working Drawings, or (b) provide Tenant shall arrange for Xxxxxx’s Architect to Lessee a list of corrections and modifications which Lessor requires to be made to the Working Drawings. Lessor shall also provide to Lessee within such 10-business day period a supplementary list of those elements of Lessee's Work which Lessee must remove at the expiration or earlier termination of this Lease (if any). In the event Lessor returns revise the Working Drawings to Lessee for correction or modification, Lessee shall diligently correct address Xxxxxxxx’s comments and/or incorporate Xxxxxxxx’s proposed changes and resubmit the Working Drawings to Landlord for Landlord’s review and resubmit them to Lessor for approval pursuant to approval. Landlord shall review the preceding provisions of this paragraph. No work shall be performed until final revised Working Drawings and approve or disapprove of the revised Working Drawings within three (3) days after Landlord’s receipt thereof in accordance with the procedure provided above. The Working Drawings which have been approved in writing by Lessor. The review and/or Landlord are hereinafter referred to as the “Approved Working Drawings” If Landlord fails to respond to Xxxxxx’s request for approval by Lessor or its architect or engineers disapproval of any plans, sketches or the Working Drawings submitted by Lessee relating to Lessee's Improvements shall not (i) constitute an opinion or representation by Lessor that within the same are in compliance with all applicable Legal Requirements and the provisions of all applicable insurance policies or as to the feasibility of constructing the work shown thereontime periods provided for above, or (ii) impose on Lessor any responsibility for a design defect, it being agreed that all such responsibility shall remain solely with Lessee. Lessee shall reimburse Lessor promptly upon demand therefor for all out-of-pocket costs and expenses reasonably incurred by Lessor in connection with the review by Lessor's architect, engineer or other consultant (but not for Lessor's "in-house" review) of any plans, drawings and specifications submitted by Lessee pursuant to this Work Letter, which reimbursement approval shall be due and payable as Additional Rentdeemed to have been given.
Appears in 1 contract
Samples: Menlo Oaks Corporate Center Lease (E Trade Group Inc)
Working Drawings. Lessee shall be solely responsible for the preparation and completion of all preliminary and final As used herein, “Working Drawings. Lessee shall retain its own architects ” means the final working drawings prepared by Landlord without objection by Tenant, as amended from time to time by any approved changes thereto, and engineers “Work” means all improvements to prepare be constructed in accordance with and as indicated on the Working Drawings, provided that Lessor first approves such engineers and architects so selected by Lessee, which approval shall not be unreasonably withheld or delayed. Lessee shall provide copies of the preliminary Working Drawings to Lessor, together with a list of elements of Lessee's Work which Lessee intends to remove from the Premises upon the expiration or earlier termination of this Lease. Lessor shall provide to Lessee within ten (10) business days thereafter a list of corrections and modifications which Lessor requires any work required by governmental authorities to be made to other areas outside of the Premises as a result of the improvements indicated by the Working Drawings. Lessor Final consent for the Working Drawings shall also provide to Lessee within not be a representation or warranty of Tenant that such 10-business day period a list drawings are adequate for any use or comply with any Law, but shall merely be the consent of those elements of Lessee's Work which Lessee must remove Tenant thereto. Tenant shall, at Landlord’s request, sign the expiration or earlier termination of this Lease. Lessee shall revise the preliminary Working Drawings to incorporate evidence its review and consent thereof. After the corrections and modifications requested by Lessor and shall submit final Working Drawings to Lessor for its approval. Lessor have been finally consented to, Landlord shall review cause the final Working Drawings and, within ten (10) business days after receipt thereof, Lessor shall either (a) notify Lessee that Lessor has approved the final Working Drawings, or (b) provide to Lessee a list of corrections and modifications which Lessor requires Work to be made to performed in accordance with the Working Drawings. Lessor shall also provide to Lessee within such 10-business day period a supplementary list of those elements of Lessee's Work which Lessee must remove at the expiration or earlier termination of this Lease TENANT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE PLANS, THE WORKING DRAWINGS OR THE WORK (if anyOR ANY OTHER SERVICES PROVIDED BY THE ARCHITECT, LANDLORD’S CONTRACTOR OR ANY OF THEIR SUBCONTRACTORS). In the event Lessor returns the Working Drawings to Lessee for correction or modificationALL IMPLIED WARRANTIES BY TENANT WITH RESPECT THERETO, Lessee shall diligently correct the Working Drawings and resubmit them to Lessor for approval pursuant to the preceding provisions of this paragraphINCLUDING THOSE OF HABITABILITY, MERCHANTABILITY, MARKETABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY NEGATED AND WAIVED. No work shall be performed until final Working Drawings have been approved in writing by LessorWITHOUT LIMITING THE FOREGOING, TENANT SHALL NOT BE RESPONSIBLE FOR ANY FAILURE OF THE WORK. The review and/or approval by Lessor or its architect or engineers of any plansTENANT WILL NOT BE RESPONSIBLE FOR, sketches or Working Drawings submitted by Lessee relating to Lessee's Improvements shall not (i) constitute an opinion or representation by Lessor that the same are in compliance with all applicable Legal Requirements and the provisions of all applicable insurance policies or as to the feasibility of constructing the work shown thereonOR HAVE CONTROL OR CHARGE OVER, or (ii) impose on Lessor any responsibility for a design defectTHE ACTS OR OMISSIONS OF THE ARCHITECT OR ITS AGENTS OR EMPLOYEES. TENANT IS NOT ACTING AS A CONTRACTOR AND IS NOT GUARANTEEING THE SITE PLANS, it being agreed that all such responsibility shall remain solely with Lessee. Lessee shall reimburse Lessor promptly upon demand therefor for all out-of-pocket costs and expenses reasonably incurred by Lessor in connection with the review by Lessor's architectTHE WORKING DRAWINGS OR THE WORK, engineer or other consultant (but not for Lessor's "in-house" review) of any plans, drawings and specifications submitted by Lessee pursuant to this Work Letter, which reimbursement shall be due and payable as Additional RentLANDLORD’S SOLE RECOURSE WITH RESPECT THERETO BEING THE PURSUIT OF LANDLORD’S REMEDIES UNDER THE WARRANTIES CONTAINED IN LANDLORD’S CONSTRUCTION CONTRACT OR IN LANDLORD’S ARCHITECT’S AGREEMENT.
Appears in 1 contract
Samples: Lease
Working Drawings. Lessee shall be solely responsible Attached to this Work Letter as Schedule 1 are conceptual plans and specifications (collectively, “Conceptual Plans”) for the preparation construction of the Improvements. These Conceptual Plans have previously been approved by Landlord and Tenant. Landlord will cause to be prepared and delivered to Tenant final plans and specifications and working drawings for the construction of the Improvements that will include structural, sprinkler systems, elevator, mechanical and electrical working drawings, and final architectural drawings for the Improvements and the tenant improvements which are the responsibility of Tenant under Section 6, below (collectively, “Final Working Drawings”). The Final Working Drawings will substantially conform to the Conceptual Plans, and Landlord shall deliver to Tenant along with the Final Working Drawings an estimated cost breakdown (“Cost Estimates”) outlining the anticipated costs of the Improvements (“Landlord’s Work”), and the tenant improvement work for which Tenant is responsible as set forth in Section 6, below (“Tenant’s Work”). Landlord shall also deliver an estimated work schedule (“Work Schedule”) for the completion of all preliminary both the Improvements and final Working Drawingssuch portions of Tenant’s work as may be completed by Landlord or Landlord’s general contractor. Lessee shall retain its own architects and engineers to prepare Working Drawings, provided that Lessor first approves such engineers and architects so selected by Lessee, which approval shall not be unreasonably withheld or delayed. Lessee shall provide copies of the preliminary Working Drawings to Lessor, together with a list of elements of Lessee's Work which Lessee intends to remove from the Premises upon the expiration or earlier termination of this Lease. Lessor shall provide to Lessee within No later than ten (10) business days thereafter a list of corrections and modifications which Lessor requires to be made to the Working Drawings. Lessor shall also provide to Lessee within such 10-business day period a list of those elements of Lessee's Work which Lessee must remove at the expiration or earlier termination of this Lease. Lessee shall revise the preliminary Working Drawings to incorporate the corrections and modifications requested by Lessor and shall submit final Working Drawings to Lessor for its approval. Lessor shall review the final Working Drawings and, within ten (10) business days after receipt thereof, Lessor shall Tenant must either (a) notify Lessee that Lessor has approved approve the final Final Working Drawings, Cost Estimates and Work Schedule, or set forth in writing with particularity any changes necessary to bring the Final Working Drawings into substantial conformity with the Conceptual Plans or to modify the Cost Estimates for Tenant’s Work or the Work Schedule. However, Tenant will not unreasonably withhold approval, or object to any logical development or refinement of the Conceptual Plans or any changes necessitated by applicable law. Failure of Tenant to deliver to Landlord written notice of disapproval and the required changes on or before the ten (b) provide to Lessee a list 10)-day timeline will constitute and be deemed approval of corrections and modifications which Lessor requires to be made to the Final Working Drawings, Cost Estimate and Work Schedule. Lessor shall also provide to Lessee within such 10-business day period a supplementary list Upon approval, actual or deemed, of those elements of Lessee's Work which Lessee must remove at the expiration or earlier termination of this Lease (if any). In the event Lessor returns the Final Working Drawings to Lessee for correction or modificationby Landlord and Tenant, Lessee shall diligently correct the Final Working Drawings and resubmit them will be referred to Lessor for approval pursuant to as the preceding provisions of this paragraph. No work shall be performed until final “Approved Working Drawings have been approved in writing by Lessor. The review and/or approval by Lessor or its architect or engineers of any plans, sketches or Working Drawings submitted by Lessee relating to Lessee's Improvements shall not (i) constitute an opinion or representation by Lessor that the same are in compliance with all applicable Legal Requirements and the provisions of all applicable insurance policies or as to the feasibility of constructing the work shown thereon, or (ii) impose on Lessor any responsibility for a design defect, it being agreed that all such responsibility shall remain solely with Lessee. Lessee shall reimburse Lessor promptly upon demand therefor for all out-of-pocket costs and expenses reasonably incurred by Lessor in connection with the review by Lessor's architect, engineer or other consultant (but not for Lessor's "in-house" review) of any plans, drawings and specifications submitted by Lessee pursuant to this Work Letter, which reimbursement shall be due and payable as Additional RentDrawings.”
Appears in 1 contract
Working Drawings. Lessee Tenant shall cause Tenant’s Architect to prepare the final architectural, mechanical (including heating, ventilating and air-conditioning), electrical, plumbing, and structural plans and specifications (“Working Drawings”) necessary to complete the Tenant Improvements, which Working Drawings shall be solely responsible for a natural extension of the preparation Space Plan. Tenant also shall cause Tenant’s Architect to submit the finished Working Drawings to Landlord, and completion of all preliminary Landlord shall review the Working Drawings and final Working Drawings. Lessee shall retain grant its own architects and engineers to prepare Working Drawings, provided that Lessor first approves such engineers and architects so selected by Lesseewritten approval or denial thereof within eight (8) business days after receipt thereof, which approval shall not be unreasonably withheld or delayed. Lessee shall provide copies of the preliminary Working Drawings to Lessorwithheld, together with a list of elements of Lessee's Work which Lessee intends to remove from the Premises upon the expiration or earlier termination of this Lease. Lessor shall provide to Lessee within ten (10) business days thereafter a list of corrections and modifications which Lessor requires to be made to the Working Drawings. Lessor shall also provide to Lessee within such 10-business day period a list of those elements of Lessee's Work which Lessee must remove at the expiration or earlier termination of this Lease. Lessee shall revise the preliminary Working Drawings to incorporate the corrections and modifications requested by Lessor and shall submit final Working Drawings to Lessor for its approval. Lessor shall review the final Working Drawings and, within ten (10) business days after receipt thereof, Lessor shall either (a) notify Lessee that Lessor has approved the final Working Drawingsconditioned, or delayed (b) provide provided in all events Landlord may withhold its consent to Lessee a list of corrections and modifications which Lessor requires to be made to the Working Drawings. Lessor shall also provide to Lessee within such 10-business day period a supplementary list of those elements of Lessee's Work which Lessee must remove at the expiration or earlier termination of this Lease (if any). In the event Lessor returns the Working Drawings to Lessee the extent the same adversely and materially affects the structural integrity of the Building or adversely and materially affects any Building system). Landlord’s failure to respond within such eight (8) business- day period shall be deemed to mean that Landlord has approved the Working Drawings as submitted by Tenant. To the extent Landlord does not provide its consent to the Working Drawings as aforesaid, Landlord shall state, with specificity, Landlord's reasons for correction such disapproval. The foregoing process shall then be repeated until the Working Drawings are approved, or modificationdeemed approved, Lessee by Landlord; provided, however, Landlord’s comments shall diligently correct be limited to any changes reasonably required by Landlord based on its initial review of the Working Drawings and resubmit them not made by Tenant, as well as any changes required as a result of the changes made by Tenant which could not have been reasonably anticipated by Landlord at the time of making Landlord’s initial comments. Subsequent to Lessor for Landlord's approval pursuant of the Working Drawings, any changes to the preceding provisions of this paragraph. No work Working Drawings requested by Tenant shall be performed until final subject to the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned, or delayed. Upon approval of the Working Drawings have been approved in writing by Lessor. The review and/or approval by Lessor or Landlord, Tenant, at its architect or engineers sole cost and expense (subject to application of any plansthe Allowance (as defined below), sketches or Working Drawings submitted by Lessee relating to Lessee's Improvements shall not (i) constitute an opinion or representation by Lessor that file the same are in compliance with the governmental agencies having jurisdiction over the Tenant Improvements. Tenant shall furnish Landlord with copies of all applicable Legal Requirements documents submitted to said governmental agencies and copies of the authorizations to commence work and the provisions of permits for the Tenant Improvements issued by said governmental agencies. Tenant shall be permitted to commence the Tenant Improvements without all applicable insurance policies or as required permits to the feasibility of constructing extent that governmental authorities with jurisdiction over the work shown thereonTenant Improvements permit such work, or (ii) impose on Lessor any responsibility for a design defect, it being agreed provided that all such responsibility shall remain solely with Lessee. Lessee shall reimburse Lessor promptly upon demand therefor for all out-of-pocket costs and expenses reasonably incurred by Lessor in connection with the review by Lessor's architect, engineer or other consultant (but not for Lessor's "in-house" review) of any plans, drawings and specifications submitted by Lessee pursuant to this Work Letter, which reimbursement Tenant shall be due obligated to obtain all required governmental authorizations for the Tenant Improvements and payable as Additional Rentdeliver copies thereof to Landlord.
Appears in 1 contract
Samples: Lease (Bloom Energy Corp)