Common use of Final Plans Clause in Contracts

Final Plans. Within fifteen (15) business days after Landlord and Tenant's approval of the preliminary budget for the Tenant Improvements, Tenant shall cause the Architect to deliver to Landlord, for Landlord's review and approval, complete plans, specifications and working drawings which incorporate and are consistent with Preliminary Plans and the preliminary budget, as previously approved by Landlord, and which show in detail the intended design, construction and finishing of all portions of Tenant Improvements, in sufficient detail for construction ("Final Plans"). Within ten (10) business days after Landlord's receipt of Final Plans, Landlord shall either approve or disapprove Final Plans, which approval shall not be unreasonably withheld. If Landlord disapproves Final Plans, then Landlord shall state in reasonable detail the changes which Landlord requires to be made thereto. If Landlord disapproves the Final Plans, then Landlord shall state in reasonable detail the changes which Landlord requires to be made thereto. Tenant shall submit to Landlord revised Final Plans within five (5) business days after Tenant's receipt of Landlord's disapproval notice. Following Landlord's receipt of the revised Final Plans from Tenant, Landlord shall have the right to review and approve the revised Final Plans pursuant to this Section 2.2.3. Landlord shall give Tenant written notice of its approval or disapproval of the revised Final Plans within five (5) business days after the date of Landlord's receipt thereof. If Landlord reasonably disapproves the revised Final Plans, then the following shall occur: (i) Landlord and Tenant shall continue to follow the procedures set forth in this Section 2.2.3 until Landlord and Tenant reasonably approve such Final Plans in accordance with this Section 2.2.3, and (ii) the period between the date which is ten (10) business after Landlord's reasonable disapproval (or such earlier date if Landlord approves or disapproves the first revised Final Plans in a period less than the 5-business days provided Landlord above) and the eventual mutual approval of such Final Plans shall constitute a Tenant Delay.

Appears in 2 contracts

Samples: Office Lease (Critical Path Inc), Office Lease (Critical Path Inc)

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Final Plans. Within fifteen On or before thirty (1530) business days after following the date of full execution of this Lease, Landlord shall submit to Tenant two (2) sets of Landlord’s proposed space and Tenant's approval of the preliminary budget construction plans and specifications prepared by Landlord’s architect, for the Tenant Improvements, Tenant shall cause the Architect to deliver to Landlord, for Landlord's review and approval, complete plans, specifications and working drawings which incorporate and are consistent with Preliminary Plans and the preliminary budget, as previously approved by Landlord, and which show in detail the intended design, construction and finishing of all portions of Tenant Improvements, in sufficient detail for construction Within three ("Final Plans"). Within ten (103) business days after Landlord's receipt of Landlord’s plans and specifications Tenant shall either: (a) evidence its approval by endorsement on one (1) set of said plans and specifications (and return such signed or initialed set to Landlord); or (b) indicate those revisions or corrections which Tenant requires and the reasons therefor; provided Landlord shall not be obligated to accept any revisions which Landlord shall reasonably determine: (i) do not conform to the standards of design, motif and decor reasonably established or adopted by Landlord for the Building; (ii) would subject Landlord or the Premises to any additional cost, expense, liability, violation, fine, penalty, or forfeiture; would adversely affect the reputation, character, or nature of the Building; (iii) would provide for or require any installation of work which is or might be unlawful, create an unsound or dangerous condition, adversely affect the structural soundness of the Premises or Building; (iv) interfere with or abridge the use and enjoyment of any adjoining or other space in the Building, or (v) is of a special use or nature with little or no residual value (unless Tenant agrees to pay for such improvements and the removal thereof upon the expiration or earlier termination of this Lease). Landlord shall, within five (5) days thereafter, submit four (4) sets of proposed plans and specifications, as so revised or corrected, to Tenant for its approval in accordance with this paragraph, which plans will then be considered the final plans (the “Final Plans, Landlord shall either approve or disapprove ”). The Final PlansPlans may subsequently be amended by Tenant provided that significant changes will require Landlord’s prior written approval, which approval shall not be unreasonably withheld. If Landlord disapproves Final Plans, then Landlord shall state in reasonable detail the changes which Landlord requires to be made thereto. If Landlord disapproves the Final Plans, then Landlord shall state in reasonable detail the changes which Landlord requires to be made thereto. Tenant shall submit to Landlord revised Final Plans given or reasonably refused within five (5) business days after Tenant's receipt of Landlord's disapproval notice. Following Landlord's receipt such amended plans and specifications and, provided further that if such change order will delay the anticipated Commencement Date specified in Section 1 of the revised Final Plans from Tenant, Landlord Lease the change order shall have the right to review and approve the revised Final Plans pursuant to this Section 2.2.3. Landlord shall give Tenant written notice of its approval or disapproval of the revised Final Plans within five (5) business days after the date of Landlord's receipt thereof. If Landlord reasonably disapproves the revised Final Plans, then the following shall occur: (i) Landlord and Tenant shall continue to follow the procedures set forth in this Section 2.2.3 until Landlord and Tenant reasonably approve such Final Plans in accordance with this Section 2.2.3, and (ii) the period between the date which is ten (10) business after Landlord's reasonable disapproval (or such earlier date if Landlord approves or disapproves the first revised Final Plans in a period less than the 5-business days provided Landlord above) and the eventual mutual approval of such Final Plans shall constitute be considered a Tenant DelayDelay (as hereinafter defined). The parties will work cooperatively to complete the plan approval process expeditiously.

Appears in 2 contracts

Samples: Office Lease (DiaMedica Therapeutics Inc.), Office Lease (DiaMedica Therapeutics Inc.)

Final Plans. Within fifteen No later than thirty (1530) business days after Landlord and Tenant's following the approval of the preliminary budget Preliminary Plans, Tenant shall submit to Landlord a proposed set of Final Plans for approval by Landlord. Landlord’s approval of such proposed Final plans shall not be unreasonably withheld, conditioned or delayed, provided that (a) the Tenant Improvements, Tenant shall cause the Architect to deliver to Landlord, for Landlord's review and approval, complete as set forth on such plans, specifications and working drawings which incorporate and are consistent comply with Preliminary Plans and the preliminary budgetall applicable governmental laws, as previously approved by Landlordcodes, rules, and which show regulations, and (b) such plans are sufficiently detailed to allow construction of the Tenant Improvements in detail a good and workmanlike manner. Landlord shall advise Tenant of Landlord’s approval or disapproval of the intended design, construction and finishing of all portions of Tenant Improvements, in sufficient detail for construction ("proposed Final Plans"). Within ten (10) business days after Landlord's receipt If Landlord disapproves any aspect of the proposed Final Plans, Landlord shall either approve or disapprove Final Plans, which approval shall not be unreasonably withheld. If Landlord disapproves Final Plans, then Landlord shall state in reasonable detail the changes which Landlord requires to so notify Tenant and specify how any such disapproved item may be made theretoacceptable to Landlord. If Landlord disapproves the The proposed Final Plans, Plans shall then Landlord shall state in reasonable detail the changes which Landlord requires to be made thereto. Tenant shall submit revised and re-submitted to Landlord revised Final Plans within five (5) business days after Tenant's receipt of Landlord's disapproval notice. Following Landlord's receipt of the revised Final Plans from Tenant, Landlord shall have the right to review and approve the revised Final Plans pursuant to this Section 2.2.3. Landlord shall give Tenant written notice of its approval or disapproval of the revised Final Plans within five (5) business days after the date of Landlord's receipt thereof. If Landlord reasonably disapproves the revised Final Plans, then the following shall occur: (i) Landlord and Tenant shall continue agree upon and sign the Final Plans as soon as reasonably practicable. The proposed Final Plans will be deemed to follow be complete and become the procedures set forth in this Section 2.2.3 until Final Plans upon execution thereof by Landlord and Tenant reasonably approve such Final Plans in accordance with this Section 2.2.3Tenant, and (ii) the period between the date which is ten (10) business after Landlord's reasonable disapproval (or such earlier date if Landlord approves or disapproves the first revised Final Plans in a period less than the 5-business days provided Landlord above) and the eventual mutual approval of thereupon such Final Plans shall constitute be deemed to be a part of this Lease and incorporated into this Lease by reference. Approval by Landlord of the Final Plans shall not be a representation or warranty of Landlord that such plans are adequate for any use, purpose, or condition, or that such plans comply with any applicable law or code, but shall merely be the consent of Landlord to the Final Plans. All changes in the Final Plans must receive the prior written approval of Landlord, and in the event of any such approved change, Tenant Delayshall, upon completion of the Tenant Improvements, furnish Landlord with an accurate, reproducible “as-built” plan of the Tenant Improvements as constructed.

Appears in 2 contracts

Samples: Liquidating Trust Agreement (Behringer Harvard Short Term Opportunity Fund I Lp), Rent and Lease Term (Behringer Harvard Short Term Opportunity Fund I Lp)

Final Plans. Within fifteen Lessor shall prepare or cause to be prepared (15by DES Architects and Engineers, as architect, and Xxx Xxxx. as structural engineer) business days final plans and specifications for the Lessee Improvements. “Plans” shall hereinafter mean final plans as may be changed from time to time in accordance with Paragraph 7 below. All Plans shall be delivered to Lessee as soon as reasonably possible from the date hereof, subject, however to periods of delay encountered by Lessor in the preparation of Plans resulting from requests by Lessee for changes in the Plans subsequent to the date hereof. Lessor and Lessee hereby agree to act with diligence to cause the Plans to be approved and signed by the parties, in duplicate, as soon as possible, but in no event more than 10 days, after Landlord delivery of the Plans to Lessee. Following such approval and Tenant's execution of the Plans changes may be made only in accordance with Paragraph 7 below. In the event that Lessee fails to approve the Plans pursuant to the provisions of this Paragraph 2 and as a result of such failure this Lease is terminated, unless such failure is due to Lessor’s unreasonable act or omission, Lessee agrees to indemnify Lessor for any and all nonreimbursed expenses, including, but not limited to, architects’ fees, engineering fees, non-refundable good faith deposits and attorney’s fees incurred by Lessor in connection with the preparation of the Plans and construction of the Premises. 3. CONTRACTING PROCESS/IMPROVEMENT BUDGET: Lessor, acting through Xxxx Xxxxxxx, and Lessee, acting through Xxx Xxxxxxxxxx of Xxxxxxxx Xxxx Company (the “Lessor and Lessee Representatives”), will, as soon as reasonably possible after approval of the preliminary budget Plans by both parties, agree on a general contractor to build the Lessee Improvements under the terms of a guaranteed maximum price contract. The general contractor shall be chosen after the Lessee Improvements project is bid by at least three (3) general contractors chosen by Lessor and Lessee. The successful bid will not necessarily be the lowest in fee alone, but rather the one providing the best overall value in the judgment of the Lessor and Lessee Representatives. The bids shall include the use of the subcontractors chosen by the parties, as provided for in the following paragraph. Lessor shall enter into a guaranteed maximum price contract with the chosen general contractor for the Tenant construction of the Lessee Improvements in accordance with the approved budget attached to the contract (the “Improvement Budget”). The Improvement Budget shall be a detailed estimate of the Costs of the Lessee Improvements, Tenant which “Costs” shall cause the Architect to deliver to Landlord, for Landlord's review and approval, complete plans, specifications and working drawings which incorporate and are consistent with Preliminary Plans and the preliminary budget, as previously approved by Landlord, and which show in detail the intended design, construction and finishing of all portions of Tenant Improvementsinclude, in sufficient detail for construction ("Final Plans"). Within ten (10) business days after Landlord's receipt addition to specific work, those elements described in the definition of Final Plans, Landlord shall either approve or disapprove Final Plans, which approval shall not be unreasonably withheld. If Landlord disapproves Final Plans, then Landlord shall state in reasonable detail the changes which Landlord requires to be made thereto. If Landlord disapproves the Final Plans, then Landlord shall state in reasonable detail the changes which Landlord requires to be made thereto. Tenant shall submit to Landlord revised Final Plans within five (5) business days after Tenant's receipt of Landlord's disapproval notice. Following Landlord's receipt of the revised Final Plans from Tenant, Landlord shall have the right to review and approve the revised Final Plans pursuant to this Section 2.2.3. Landlord shall give Tenant written notice of its approval or disapproval of the revised Final Plans within five (5) business days after the date of Landlord's receipt thereof. If Landlord reasonably disapproves the revised Final Plans, then the following shall occur: (i) Landlord and Tenant shall continue to follow the procedures “costs” set forth in this Section 2.2.3 until Landlord and Tenant reasonably approve such Final Plans Paragraph 4 below. In no event shall the final Improvement Budget exceed the Improvement Allowance (as hereinafter defined) without Lessee’s prior written consent. Changes to the final Improvement Budget may be made only in accordance with Paragraph 8 below. As soon as possible after execution of this Section 2.2.3Lease by both parties and selection of a general contractor, the Lessor and (ii) the period between the date which is ten (10) business after Landlord's reasonable disapproval (or such earlier date if Landlord approves or disapproves the first revised Final Plans in a period Lessee Representatives shall submit bid specifications to not less than two (2) agreed upon design build subcontractors for each of the 5-business days provided Landlord abovemechanical, electrical and plumbing work requirements of the project and shall choose one such contractor for each area of the work. All other subcontracted trades shall be competitively bid to at least three (3) and qualified subcontractors by the eventual mutual approval of such Final Plans shall constitute a Tenant Delaychosen general contractor. 4.

Appears in 1 contract

Samples: Sublease Agreement (Artisan Components Inc)

Final Plans. On or before thirty (30) days following the date of full execution of this First Amendment to Lease, Landlord shall submit to Tenant two (2) sets of Landlord’s proposed space and construction plans and specifications prepared by Landlord’s architect, for the Tenant Improvements. Within fifteen three (153) business days after receipt of Landlord’s plans and specifications Tenant shall either: (i) evidence its approval by endorsement on one (1) set of said plans and specifications (and return such signed or initialed set to Landlord); or (ii) indicate those revisions or corrections which Tenant requires and the reasons therefor; provided Landlord shall not be obligated to accept any revisions which Landlord shall reasonably determine: (A) do not conform to the standards of design, motif and Tenant's approval decor reasonably established or adopted by Landlord for the Building; (B) would subject Landlord or the Premises to any additional cost, expense, liability, violation, fine, penalty, or forfeiture; would adversely affect the reputation, character, or nature of the preliminary budget Building; (C) would provide for or require any installation of work which is or might be unlawful, create an unsound or dangerous condition, adversely affect the structural soundness of the Premises or Building; (D) interfere with or abridge the use and enjoyment of any adjoining or other space in the Building, or (E) is of a special use or nature with little or no residual value (unless Tenant Improvements, Tenant shall cause the Architect agrees to deliver to Landlord, pay for Landlord's review and approval, complete plans, specifications and working drawings which incorporate and are consistent with Preliminary Plans such improvements and the preliminary budgetremoval thereof upon the expiration or earlier termination of this Lease). Landlord shall, within five (5) days thereafter, submit four (4) sets of proposed plans and specifications, as previously approved by Landlordso revised or corrected, and to Tenant for its approval in accordance with this paragraph, which show in detail plans will then be considered the intended design, construction and finishing of all portions of Tenant Improvements, in sufficient detail for construction final plans ("the “Final Plans"). Within ten (10) business days after The Final Plans may subsequently be amended by Tenant provided that significant changes will require Landlord's receipt of Final Plans, Landlord shall either approve or disapprove Final Plans’s prior written approval, which approval shall not be unreasonably withheld. If Landlord disapproves Final Plans, then Landlord shall state in reasonable detail the changes which Landlord requires to be made thereto. If Landlord disapproves the Final Plans, then Landlord shall state in reasonable detail the changes which Landlord requires to be made thereto. Tenant shall submit to Landlord revised Final Plans given or reasonably refused within five (5) business days after Tenant's receipt of Landlord's disapproval noticesuch amended plans and specifications. Following Landlord's receipt The parties will work cooperatively to complete the plan approval process expeditiously. 1st Amend - Diamedica CONFIDENTIAL TREATMENT REQUESTED BY DIAMEDICA THERAPEUTICS INC. PURSUANT TO 17 C.F.R. SECTION 200.83 (c) Work Commencement. Construction of the revised Tenant Improvements shall not commence unless and until: Landlord has (a) approved the Final Plans from Tenant, Landlord shall have the right to review and approve the revised Final Plans pursuant to this Section 2.2.3. Landlord shall give Tenant written notice of its approval or disapproval of the revised Final Plans within five (5) business days after the date of Landlord's receipt thereof. If Landlord reasonably disapproves the revised Final Plans, then the following shall occur: (i) Landlord and Tenant shall continue to follow the procedures set forth in this Section 2.2.3 until Landlord and Tenant reasonably approve such Final Plans in accordance with this Section 2.2.3, and (iib) the period between the date which is ten (10) business after Landlord's reasonable disapproval (or such earlier date if Landlord approves or disapproves the first revised Final Plans in a period less than the 5-business days provided Landlord above) and the eventual mutual approval of such Final Plans shall constitute a Tenant Delayobtained all applicable building permits.

Appears in 1 contract

Samples: DiaMedica Therapeutics Inc.

Final Plans. Within fifteen (15) business days after Upon approval by Landlord and Tenant's approval of the preliminary budget for the Tenant ImprovementsPreliminary Plans, Tenant shall cause the arrange for Tenant's Architect to deliver to Landlord, for Landlord's review prepare final plans and approval, complete plans, specifications and working drawings which incorporate and are consistent with Preliminary Plans and (the preliminary budget, as previously approved by Landlord, and which show in detail the intended design, construction and finishing of all portions of Tenant Improvements, in sufficient detail for construction ("Final Plans")) for the Tenant Improvements in the Building. The Final Plans shall consist of complete architectural plans and specifications necessary to allow Tenant's Contractor to obtain all necessary permits and build the Tenant Improvements in the Building. The Final Plans shall substantially conform with the Preliminary Plans, shall include working drawings for all mechanical, electrical and plumbing work, partitions and doors, complete fixturing information, and material selections and finishes, and shall conform in all respects to the Building Standards, except to the extent provided under PARAGRAPH 3(a) of this Work Letter. Tenant shall submit the Final Plans to Landlord for its review and approval as soon as reasonably possible, which approval shall not be unreasonably withheld, delayed or conditioned, and which approval shall be granted if such Final Plans substantially comply with the Preliminary Plans approved by Landlord. Within ten (10) business days after Landlord's receipt of the Final Plans, Landlord shall either approve or disapprove Final Plans, which approval shall not be unreasonably withheld. If Landlord disapproves Final Plans, then Landlord shall state in reasonable detail the changes which Landlord requires suggest modifications to be made thereto. If Landlord disapproves the Final Plans, then Landlord shall state in reasonable detail the changes Plans and designate those Tenant Improvements proposed by Tenant which Landlord requires to be made thereto. Tenant shall submit be required to remove at the expiration or earlier termination of the Lease in accordance with PARAGRAPH 7(d) of the Lease; provided that Landlord revised Final Plans within five (5) business days after Tenant's receipt of may have such additional time to respond to Tenant as needed for Landlord's disapproval notice. Following Landlord's receipt of the revised Final Plans from Tenant, Landlord shall have the right architect and other consultants to review and approve or disapprove the revised Final Plans. Tenant shall incorporate Landlord's suggested modifications to the Final Plans pursuant (to this Section 2.2.3. Landlord shall give Tenant written notice of its approval the extent acceptable to Tenant) or disapproval of otherwise revise the revised Final Plans within five (5) business days after and resubmit the date of Final Plans to Landlord for Landlord's receipt thereof. If Landlord reasonably disapproves the revised Final Plansreview and approval, then the following which shall occur: (i) Landlord and Tenant shall continue to follow the procedures set forth in this Section 2.2.3 until Landlord and Tenant reasonably approve such Final Plans in accordance with this Section 2.2.3, and (ii) the period between the date which is be provided within ten (10) business after days following submission of such revised Final Plans; provided, that Landlord may have such additional time to respond to Tenant as needed for Landlord's reasonable disapproval (architect and other consultants to review and approve or such earlier date if Landlord approves or disapproves disapprove the first revised Final Plans in a period less than the 5-business days provided Landlord above) and the eventual mutual approval of such Final Plans shall constitute a Tenant DelayPlans.

Appears in 1 contract

Samples: Lease (Intermune Pharmaceuticals Inc)

Final Plans. Within fifteen (15) business days after Landlord Upon completion of the Schematic Drawings as revised in accordance with Paragraph 2.1 above and Tenant's Lessor’s approval of the preliminary budget for the Tenant Improvementssame, Tenant shall cause the Architect to deliver to Landlord, for Landlord's review shall prepare final plans and approval, complete plans, specifications and working drawings which incorporate (collectively the “Final Plans”) based upon and incorporating such Schematic Drawings as revised as provided hereinabove. Upon completion of the Final Plans, same shall be submitted to Lessor and Lessee for approval. If Lessor consents in writing thereto, such Final Plans may exclude certain finish specifications (such as, the color of paint or the color or design of wall or floor coverings) so long as such specifications are consistent with Preliminary not needed in order to submit the Final Plans for Permits (as hereinafter defined) and so long as such specifications are delivered to Lessor for Lessor’s approval thereof within thirty (30) days after delivery to Lessor of the preliminary budget, as previously Final Plans. Such finish specifications shall not be incorporated into the Lessee Improvements until same are approved by Landlord, and which show Lessor in detail the intended design, construction and finishing of all portions of Tenant Improvements, in sufficient detail for construction ("Final Plans")writing. Within ten (10) business days after Landlord's Lessee’s receipt of the Final Plans, Landlord Lessee shall either approve or disapprove notify Lessor and the Architect of the changes, if any, which Lessee desires to make to such Final Plans, which approval notice shall be in writing and shall identify with specificity the changes which Lessee desires to make and shall attach a copy of the Final Plans initialed by Lessee and showing the desired changes (the “Lessee’s Final Notice”). Without Lessor’s prior consent, which shall not be unreasonably withheldwithheld or delayed, Lessee shall not change any portion of the Final Plans which incorporate the improvements depicted in the Schematic Drawings, as revised in accordance with Paragraph 2.1 above, or which is a natural progression of such improvements. If Landlord disapproves Within a reasonable time following Lessor’s receipt of the Final PlansPlans and Lessee’s Final Notice (but Lessor shall not be obligated to respond earlier than five (5) days nor later than ten (10) days after Lessor’s receipt of such Final Plans and Lessee’s Final Notice), Lessor shall approve or disapprove thereof (which disapproval shall be limited to a Design Problem) by written notice which shall identify with specificity the Design Problems as noted by Lessor (“Lessor’s Final Notice”). The Final Plans shall be revised by the Architect to reflect those changes described in Lessee’s Final Notice which are not disapproved by Lessor and those items set forth in Lessor’s Final Notice. In such event, the Architect shall revise the Final Plans and then Landlord return them to Lessor and Lessee, which Lessor and Lessee shall state approve within three (3) days after receipt of same. This procedure shall be repeated until the Final Plans are finally approved by Lessor and Lessee. The Final Plans may be submitted by Lessee in reasonable detail the changes which Landlord requires one or more stages and at one or more times and Lessor’s approval shall apply with respect to be made theretoeach such portion submitted. If Landlord disapproves The improvements depicted on the Final Plans, then Landlord as so revised, shall state in reasonable detail constitute the changes which Landlord requires to be made thereto. Tenant shall submit to Landlord revised Final Plans within five (5) business days after Tenant's receipt “Lessee Improvements.” At Lessor’s request, upon completion of Landlord's disapproval notice. Following Landlord's receipt of the revised Final Plans from Tenant, Landlord shall have the right to review and approve the revised Final Plans pursuant to this Section 2.2.3. Landlord shall give Tenant written notice of its approval or disapproval of the revised Final Plans within five (5) business days after the date of Landlord's receipt thereof. If Landlord reasonably disapproves the revised Final Plans, then Lessor and Lessee shall initial same, thereby acknowledging their approval of the following shall occur: (i) Landlord and Tenant shall continue to follow the procedures set forth in this Section 2.2.3 until Landlord and Tenant reasonably approve such Final Plans in accordance with this Section 2.2.3, and (ii) the period between the date which is ten (10) business after Landlord's reasonable disapproval (or such earlier date if Landlord approves or disapproves the first revised Final Plans in a period less than the 5-business days provided Landlord above) and the eventual mutual approval form of such Final Plans shall constitute a Tenant DelayPlans.

Appears in 1 contract

Samples: Lease Agreement (Peerless Systems Corp)

Final Plans. Within fifteen (15) business days after Landlord and Tenant's Upon mutual approval of the preliminary budget for the Tenant ImprovementsSpace Plan, Tenant shall cause the Architect to deliver to Landlord, for Landlord's review and approval, complete be prepared such plans, specifications and working drawings which incorporate and are consistent with Preliminary Plans and the preliminary budget, as previously approved by Landlorddrawings, and which show in detail specifications (collectively, the intended design“Plans”) as may be necessary to obtain a building permit for construction of the Extension Improvements. Upon completion thereof, construction and finishing of all portions of Tenant Improvementsthe Plans shall be submitted to Landlord for approval. Landlord shall notify Tenant, in sufficient detail for construction ("Final Plans"). Within ten (10) business days after Landlord's receipt of Final Planswriting, Landlord shall either approve or disapprove Final Plans, which approval shall not be unreasonably withheld. If Landlord disapproves Final Plans, then Landlord shall state in reasonable detail the changes which Landlord requires to be made thereto. If Landlord disapproves the Final Plans, then Landlord shall state in reasonable detail the changes which Landlord requires to be made thereto. Tenant shall submit to Landlord revised Final Plans within five (5) business days after Tenant's following receipt by Landlord of the Plans if Landlord approves the Plans or disapproves of any portion thereof. Such disapproval shall be communicated with sufficient specificity to enable Tenant to revise the Plans in a manner acceptable to Landlord's disapproval notice. Following Landlord's receipt If Landlord objects to any portion of the Plans, Tenant shall cause the same to be revised, and shall resubmit the revised Plans to Landlord for approval. Landlord shall have two (2) days to approve or disapprove of the revised Final Plans. The foregoing process shall continue until the Plans from Tenantare approved by Landlord; provided, however, that each time Landlord shall have the right to review and approve the revised Final Plans pursuant to this Section 2.2.3. Landlord shall give Tenant written notice disapproves of its approval or disapproval any portion of the revised Final Plans, Landlord’s subsequent comments shall be limited solely to the revisions to, or any new elements of, the Plans. If Landlord fails to approve or respond to Tenant’s initial request for approval of the Plans or to Tenants’ revisions to the Plans within the respective five (5) business day or two (2) day periods provided above, then Tenant may, within five (5) business days after following the date expiration of such five (5) business day or two (2) day period described above, provide to Landlord a second written request (the “Second Request”) stating in large, bold and capped font the following: “THIS IS TENANT’S SECOND REQUEST TO LANDLORD. LANDLORD FAILED TO TIMELY APPROVE OR RESPOND TO TENANT’S FIRST REQUEST FOR APPROVAL OF THE PLANS [or TENANT’S REVISIONS TO THE PLANS] IN ACCORDANCE WITH SECTION 1 OF EXHIBIT C-2 OF THE SECOND AMENDMENT TO LEASE. IF LANDLORD FAILS TO RESPOND TO THIS SECOND REQUEST FOR APPROVAL OF THE PLANS [OR TENANT’S REVISIONS TO THE PLANS] WITHIN FIVE (5) BUSINESS DAYS OF LANDLORD’S RECEIPT OF THIS SECOND REQUEST, TENANT’S PLANS [OR TENANT’S REVISIONS TO THE PLANS] SHALL BE DEEMED APPROVED BY LANDLORD.” If (a) Tenant’s Second Request strictly complies with the terms of this Section 1.2, and (b) Landlord fails to notify Tenant within five (5) business days of Landlord's ’s receipt thereof. If Landlord reasonably disapproves the revised Final Plansof such Second Request, then the following Plans, or the revisions thereto, as applicable, shall occur: (i) Landlord and Tenant shall continue to follow the procedures set forth in this Section 2.2.3 until Landlord and Tenant reasonably approve such Final Plans in accordance with this Section 2.2.3, and (ii) the period between the date which is ten (10) business after be deemed approved by Landlord's reasonable disapproval (or such earlier date if Landlord approves or disapproves the first revised Final Plans in a period less than the 5. 1 - Exhibit “C-2” 13016-business days provided Landlord above) and the eventual mutual approval of such Final Plans shall constitute a Tenant Delay.007 Fastly Second Amendment

Appears in 1 contract

Samples: Lease (Fastly, Inc.)

Final Plans. Within fifteen (15) business days after Landlord and Tenant's As soon as available following approval of the preliminary budget Final Space Plans Tenant shall furnish to Landlord for Landlord's written approval working plans and specifications (the "Working Drawings") prepared by Tenant's Architect for all of the improvements which Tenant desires to be constructed in the Substitute Premises. The Working Drawings shall show improvements that conform to the Final Space Plans and the Building Construction Standards, shall separately note any proposed structural work or extraordinary or supplemental electrical, plumbing or HVAC requirements, and shall be in sufficient detail as to enable the general contractor for the work to obtain all necessary governmental permits for construction of all of the improvements and to secure complete bids from qualified contractors to perform the work for all of the improvements to be constructed in the Substitute Premises. Landlord shall respond to the Working Drawings within ten (10) days of its receipt thereof. Tenant shall respond promptly to any reasonable objections of Landlord to the Working Drawings and shall resubmit appropriately revised Working Drawings prepared by Tenant's Architect within five (5) days of Tenant's receipt of Landlord's objections, and such resubmitted plans shall clearly indicate which portions of the plans are revised and which portions of the plan remain unchanged from the previously submitted plans. (The Working Drawings, as approved in writing by Landlord, as revised by Tenant from time to time with Landlord's written approval in accordance with the following provisions of this Paragraph 3, are hereinafter called the "Final Plans", the improvements to be performed in the Substitute Premises in accordance with the Final Plans are hereinafter called the "Tenant Improvements, ". Tenant shall cause be responsible for causing the Architect Working Drawings to deliver to Landlord, for be completed (including Landlord's review and approval, complete plans, specifications and working drawings which incorporate and are consistent with Preliminary Plans and the preliminary budget, as previously approved by Landlord, and which show in detail the intended design, construction and finishing of all portions of Tenant Improvements, in sufficient detail for construction ("Final Plans"). Within ten (10) business days after Landlord's receipt of Final Plans, Landlord shall either approve or disapprove Final Plans, which approval shall not be unreasonably withheld. If Landlord disapproves Final Plans, then Landlord shall state in reasonable detail the changes which Landlord requires to be made thereto. If Landlord disapproves the Final Plans, then Landlord shall state in reasonable detail the changes which Landlord requires to be made thereto. Tenant shall submit to Landlord revised Final Plans within five (5) business days after Tenant's receipt of LandlordArchitect's disapproval notice. Following Landlord's receipt revisions of the revised Final Plans from TenantWorking Drawings, Landlord shall have according to the right to review procedure and approve the revised Final Plans pursuant to this Section 2.2.3. Landlord shall give Tenant written notice of its approval or disapproval of the revised Final Plans within five (5) business days after the date of Landlord's receipt thereof. If Landlord reasonably disapproves the revised Final Plans, then the following shall occur: (i) Landlord and Tenant shall continue to follow the procedures schedule set forth in this Section 2.2.3 until Landlord and Tenant reasonably approve such Final Plans in accordance with this Section 2.2.3, and (ii) the period between the date which is ten (10) business after Landlord's reasonable disapproval (or such earlier date if Landlord approves or disapproves the first revised Final Plans in a period less than the 5-business days provided Landlord above) and the eventual mutual approval of such Final Plans shall constitute a Tenant Delayno later than June 15, 1999.

Appears in 1 contract

Samples: Lionbridge Technologies Inc /De/

Final Plans. Within fifteen On or before March 26, 1998, the parties shall agree ----------- upon final tenant layout drawings (15the "TI Layout") business days after which shall be consistent with the Base Building Specifications for the Shell and Core, except for the changes, if any, mutually agreed to be made thereto by the parties. On or before July 1, 1998, the parties shall agree upon final plans and specifications for the Tenant Improvements ("Final Tenant Plans") which shall be consistent with the Preliminary Plans and the TI Layout, except for the changes, if any, mutually agreed to be made thereto by the parties. Included in the Final Tenant Plans will be the architectural, mechanical, electrical, plumbing and structural plans for the Tenant Improvements. Notwithstanding anything to the contrary contained in this Work Letter or in the Lease, the Tenant Improvements shall include improvement of one hundred percent (100%) of the rentable square footage (as hereinafter defined) of the Building with heating, ventilation and air conditioning, electrical distribution, lighting, dropped ceilings and floor coverings with systems and materials which shall be of equal or greater quality than comparable standard first class office space, and the Final Tenant Plans shall include civil, architectural and structural plans therefor. On or before July 1, 1998, the parties shall agree upon final plans and specifications for the Shell and Core ("Final Landlord Plans") which shall be consistent with the Preliminary Plans, except for the changes, if any, mutually agreed to be made thereto by the parties. Included in the Final Landlord Plans shall be the civil, architectural and structural plans for the Shell and Core and the landscape plan for the Premises. The Final Tenant Plans and the Final Landlord Plans are hereinafter referred to as the "Final Plans." When the Final Landlord Plans have been approved by Tenant and Landlord, Landlord's Architect shall promptly submit the Final Landlord Plans to the appropriate governmental agencies for plan checking and the issuance of a building permit for the Shell and Core. Likewise, when the Final Tenant Plans have been approved by Landlord and Tenant, Tenant's approval Architect shall promptly submit the Final Tenant Plans to the appropriate governmental agencies for plan checking and the issuance of a building permit for the Tenant Improvements. Landlord acknowledges and agrees that Landlord's Architect shall be solely responsible for obtaining the building permit for the Shell and Core. Tenant acknowledges and agrees that Tenant's Architect shall be solely responsible for obtaining the building permit for the Tenant Improvements. Landlord's Architect shall perform its work, including obtaining the building permit for the Shell and Core, in a timely manner which does not cause any delay in the Substantial Completion of the preliminary budget Improvements in accordance with the Project Schedule. Tenant's Architect shall perform its work, including obtaining the building permit for the Tenant Improvements, in a timely manner which does not cause any delay in the Substantial Completion of the Improvements in accordance with the Project Schedule. Landlord shall make available to Tenant shall cause at the Architect to deliver to Landlord"Meetings," as that term is defined in Section 14 of this Work Letter, for Landlord's review and approval, complete plans, specifications and working drawings which incorporate and are consistent with Preliminary Plans and the preliminary budget, as previously approved by Landlordbelow, and which show in detail the intended design, construction and finishing of all portions of Tenant Improvements, in sufficient detail for construction ("Final Plans"). Within ten (10) business days after Landlord's receipt of Final Plans, Landlord shall either approve or disapprove Final Plans, which approval shall not be unreasonably withheld. If Landlord disapproves Final Plans, then Landlord shall state in upon reasonable detail the changes which Landlord requires to be made thereto. If Landlord disapproves the Final Plans, then Landlord shall state in reasonable detail the changes which Landlord requires to be made thereto. Tenant shall submit prior notice to Landlord revised Final Plans within five (5) business days after Tenant's receipt of Landlord's disapproval notice. Following Landlord's receipt of the revised Final Plans from Tenantat such other times as Tenant may reasonably request, Landlord and Tenant shall have the right to review and approve review, Landlord's Architect's invoices, provided that if Tenant fails to object to such Landlord's Architect's invoices prior to Landlord's payment of the revised Final Plans pursuant same in the ordinary course of Landlord's business, then Tenant shall be deemed to this Section 2.2.3have approved payment of such Landlord's Architect's invoices. Landlord shall give Tenant written notice of its approval or disapproval of the revised Final Plans within five (5) business days after the date of pay such invoices by direct payment to Landlord's receipt thereofArchitect and the total amount of all such payments made by Landlord to Landlord's Architect shall be included in Total Construction Costs. If Landlord reasonably disapproves the revised Final PlansTenant's Architect shall submit its invoices to Tenant for review and approval, then the following shall occur: (i) Landlord and Tenant shall continue thereafter submit such invoices to follow Landlord. Landlord shall pay such approved invoices by direct payment to Tenant's Architect and the procedures set forth in this Section 2.2.3 until total amount of all such payments made by Landlord and Tenant reasonably approve such Final Plans to Tenant's Architect shall be debited from the Allowance in accordance with this Section 2.2.39, and (ii) the period between the date which is ten (10) business after Landlord's reasonable disapproval (or such earlier date if Landlord approves or disapproves the first revised Final Plans in a period less than the 5-business days provided Landlord above) and the eventual mutual approval of such Final Plans shall constitute a Tenant Delaybelow.

Appears in 1 contract

Samples: Lease (Infonet Services Corp)

Final Plans. Within fifteen (15) business days after Landlord and Tenant's approval of the preliminary budget for the Tenant ImprovementsNo later than March 24, 1997, Tenant shall cause the Architect to deliver to Landlord, for Landlord's review and approval, commence preparing complete plans, specifications and working drawings which incorporate and are consistent with the approved Preliminary Plans and the preliminary budget, as previously approved by Landlord, and which show in detail the intended design, construction and finishing of all portions of the Tenant ImprovementsImprovements described in the Preliminary Plans (collectively, in sufficient detail for construction ("Final Plans"the “FINAL PLANS”). Tenant shall cause Architect to deliver the Final Plans to Landlord, for Landlord’s review and approval, no later than April 21, 1997. Within ten five (105) business days after Landlord's ’s receipt of the Final Plans, Landlord shall either approve or disapprove the Final Plans, which approval shall not be unreasonably withheld. If Landlord disapproves Landlord’s failure to approve or disapprove the Final Plans within such five-day period shall be deemed to constitute Landlord’s approval of the Final Plans, then Landlord shall state in reasonable detail the changes which Landlord requires to be made thereto. If Landlord disapproves the Final Plans, then Landlord shall state in reasonable detail the changes which Landlord requires to be made thereto. Tenant shall submit to Landlord revised Final Plans within five (5) business days after Tenant's ’s receipt of Landlord's ’s disapproval notice. Following Landlord's ’s receipt of the revised Final Plans from Tenant, Landlord shall have the right to review and approve the revised Final Plans pursuant to this Section PARAGRAPH 2.2.3. Landlord shall give Tenant written notice of its approval or disapproval of the revised Final Plans within five (5) business days after the date of Landlord's ’s receipt thereof. Landlord’s failure to approve or disapprove the Final Plans within such five-day period shall be deemed to constitute Landlord’s approval of the revised Final Plans. If Landlord reasonably disapproves the revised Final Plans, then the following shall occur: (i) Landlord and Tenant shall continue to follow the procedures set forth in this Section PARAGRAPH 2.2.3 until Landlord and Tenant reasonably approve such Final Plans in accordance with this Section PARAGRAPH 2.2.3, and (ii) the period between the date which is ten (10) business after Landlord's reasonable disapproval (or such earlier date if Landlord approves or disapproves the first revised Final Plans in a period less than the 5-business days provided Landlord above) and the eventual mutual approval of such Final Plans shall constitute a Tenant Delay.

Appears in 1 contract

Samples: Lease (BigBand Networks, Inc.)

Final Plans. Within fifteen (15) business days after Landlord and Tenant's approval of As soon as the preliminary budget for the Tenant ImprovementsPreliminary Plans are approved by Landlord, Tenant shall cause the Architect to deliver to Landlord, for Landlord's review and approval, complete prepare final plans, specifications and working drawings which incorporate and are consistent with Preliminary Plans and for the preliminary budget, as previously approved by Landlord, and which show in detail Tenant Improvements (the intended design, construction and finishing of all portions of Tenant Improvements, in sufficient detail for construction ("Final Plans")) that are consistent with and logical evolutions of the approved Preliminary Plans and shall deliver the same to Landlord for approval. Within ten (10) business days after Landlord's receipt Concurrently with the delivery of the Final Plans, Tenant shall deliver to Landlord shall either approve or disapprove Final Plansfor Landlord's approval a schedule of values ("Schedule of Values") allocating costs to the various portions of the work involved in the construction and installation of the Tenant Improvements and setting forth Tenant's reasonable, which approval shall not be unreasonably withheld. If Landlord disapproves Final Plans, then Landlord shall state good faith estimate of the timing of Landlord's disbursements of the Tenant Improvement Allowance (as defined in reasonable detail Section 4.1 below) and the changes which Landlord requires to be made theretoamount of each such disbursement. If Landlord disapproves the Final PlansPlans and/or the Schedule of Values, then Landlord shall state in reasonable detail the changes which Landlord requires deliver to be made thereto. Tenant shall submit to Landlord revised Final Plans Tenant, as soon as reasonably possible but within five (5) business days after Tenant's following receipt thereof, written notice of such disapproval. Such notice shall specify all changes that must be made to the Final Plans and/or the Schedule of Values as a condition of Landlord's disapproval noticeapproval thereof. Following Landlord's receipt of the revised Final Plans from Tenant, Landlord shall have the right to review and approve the revised Final Plans pursuant to this Section 2.2.3. Landlord shall give Tenant written notice of its approval or disapproval of the revised Final Plans within Within five (5) business days after the date following receipt of Landlord's receipt thereofnotice of disapproval, Tenant shall deliver a revised set of Final Plans and/or Schedule of Values to Landlord, which Final Plans and/or Schedule of Values shall incorporate all changes specified in Landlord's notice of disapproval. If As soon as Landlord reasonably disapproves approves the revised Final PlansPlans and the Schedule of Values submitted by Tenant, then the following shall occur: (i) Landlord and Tenant shall continue to follow each sign the procedures set forth same. Except as otherwise specifically provided in this Section 2.2.3 until Addendum, the term "Final Plans" as hereinafter used shall mean the final plans, specifications, working drawings and Schedule of Values approved by Landlord and for the construction of the Tenant reasonably approve such Final Plans in accordance with this Section 2.2.3, and (ii) the period between the date which is ten (10) business after Landlord's reasonable disapproval (or such earlier date if Landlord approves or disapproves the first revised Final Plans in a period less than the 5-business days provided Landlord above) and the eventual mutual approval of such Final Plans shall constitute a Tenant DelayImprovements.

Appears in 1 contract

Samples: And Attornment Agreement (Advanced Polymer Systems Inc /De/)

Final Plans. Within fifteen (15) business days after Landlord and Tenant's approval of As soon as the preliminary budget for the Tenant ImprovementsPreliminary Plans are approved by Landlord, Tenant shall cause the Architect to deliver to Landlord, for Landlord's review and approval, complete prepare final plans, specifications and working drawings which incorporate and are consistent with Preliminary Plans and for the preliminary budget, as previously approved by Landlord, and which show in detail Tenant Improvements (the intended design, construction and finishing of all portions of Tenant Improvements, in sufficient detail for construction ("Final Plans")) that are consistent with and logical evolutions of the approved Preliminary Plans and shall deliver the same to Landlord for approval. Within ten (10) business days after Landlord's receipt Concurrently with the delivery of the Final Plans, Tenant shall deliver to Landlord shall either approve or disapprove Final Plansfor Landlord's approval a schedule of values ("Schedule of Values") allocating costs to the various portions of the work involved in the construction and installation of the Tenant Improvements and setting forth Tenant's reasonable, which approval shall not be unreasonably withheld. If Landlord disapproves Final Plans, then Landlord shall state good faith estimate of the timing of Landlord's disbursements of the Tenant Improvement Allowance (as defined in reasonable detail Section 4.1 below) and the changes which Landlord requires to be made theretoamount of each such disbursement. If Landlord disapproves the Final PlansPlans and/or the Schedule of Values, then Landlord shall state in reasonable detail the changes which Landlord requires deliver to be made thereto. Tenant shall submit to Landlord revised Final Plans Tenant, as soon as reasonably possible but within five (5) business days after Tenant's following receipt thereof, written notice of such disapproval. Such notice shall specify all changes that must be made to the Final Plans and/or the Schedule of Values as a condition of Landlord's disapproval noticeapproval thereof. Following Landlord's receipt of the revised Final Plans from Tenant, Landlord shall have the right to review and approve the revised Final Plans pursuant to this Section 2.2.3. Landlord shall give Tenant written notice of its approval or disapproval of the revised Final Plans within Within five (5) business days after the date following receipt of Landlord's receipt thereofnotice of disapproval, Tenant shall deliver a revised set of Final Plans and/or Schedule of Values to Landlord, which Final Plans and/or Schedule of Values shall incorporate all changes specified in Landlord's notice of disapproval. If As soon as Landlord reasonably disapproves approves the revised Final PlansPlans and the Schedule of Values submitted by Tenant, then the following shall occur: (i) Landlord and Tenant shall continue to follow each sign the procedures set forth same. Except as otherwise specifically provided in this Section 2.2.3 until Work Letter, the term "Final Plans" as hereinafter used shall mean the final plans, specifications, working drawings and Schedule of Values approved by Landlord and for the construction of the Tenant reasonably approve such Final Plans in accordance with this Section 2.2.3, and (ii) the period between the date which is ten (10) business after Landlord's reasonable disapproval (or such earlier date if Landlord approves or disapproves the first revised Final Plans in a period less than the 5-business days provided Landlord above) and the eventual mutual approval of such Final Plans shall constitute a Tenant DelayImprovements.

Appears in 1 contract

Samples: Letter Agreement (Marvell Technology Group LTD)

Final Plans. Within fifteen (15) business days after On or before October 1, 2008, Tenant and its collaborating architect will provide Landlord and Opus A&E with the preliminary plans and specifications for the Tenant's approval ’s Improvements. Such plans and specifications must (a) be compatible with the Landlord’s Improvements described on EXHIBIT “F” and EXHIBIT “F-1” (b) show, in reasonable detail, the design and appearance of the preliminary budget finishing material Landlord will use in connection with installing Tenant’s Improvements; and (c) contain such other detail or description as may be necessary for Landlord to adequately define the Tenant scope of Tenant’s Improvements, Tenant shall cause . Landlord will approve or disapprove the Architect to deliver to Landlord, for Landlord's review plans and approval, complete plans, specifications and working drawings which incorporate and are consistent with Preliminary Plans and the preliminary budget, as previously approved by Landlord, and which show in detail the intended design, construction and finishing of all portions of Tenant Improvements, in sufficient detail for construction ("Final Plans"). Within writing within ten (10) business days Business Days after Landlord's receipt of Final Plansreceiving the same (provided any delays in responding beyond such time period by Landlord shall not constitute a Tenant Delay hereunder). Once the preliminary plans and specifications are approved by the parties, Landlord and its architect Opus A&E shall either approve or disapprove Final Plans, which approval shall not be unreasonably withheldprepare the final plants and specifications based upon such approved preliminary plans and specifications. If Landlord disapproves Final Plans, then Landlord shall state in reasonable detail the changes which Landlord requires to be made thereto. If Landlord disapproves the Final Plans, then Landlord shall state in reasonable detail the changes which Landlord requires to be made thereto. Tenant shall submit to Landlord revised Final Plans within five (5) business days after Tenant's receipt of Landlord's disapproval notice. Following Landlord's receipt of the revised Final Plans from Tenant, Landlord shall have the right to review The final plans and approve the revised Final Plans pursuant to this Section 2.2.3. Landlord shall give Tenant written notice of its approval or disapproval of the revised Final Plans within five (5) business days after the date of Landlord's receipt thereof. If Landlord reasonably disapproves the revised Final Plans, then the following shall occur: (i) specifications mutually approved by Landlord and Tenant shall continue be referred to follow herein as the procedures set forth in this Section 2.2.3 until “Final Plans.” If Landlord and Tenant reasonably fail to mutually approve such the Final Plans on or before October 23, 2008 (as a result of Tenant’s failure to timely comply with the terms of this Lease or due to any other Tenant Delay), then such delay is a Tenant Delay and will cause the Tenant’s Improvements to not be substantially completed by Landlord by December 1, 2008. As provided above, a delay in accordance with this Section 2.2.3the completion of the Landlord’s Improvements and/or the Tenant’s Improvements will not delay the Commencement Date, and (ii) the period between the date which is ten (10) business after Landlord's reasonable disapproval (or such earlier date if Landlord approves or disapproves the first revised Final Plans in a period less than the 5-business days provided Landlord above) and the eventual mutual approval of such Final Plans shall constitute a Tenant Delayfixed at December 1, 2008.

Appears in 1 contract

Samples: Office Lease Agreement (Premiere Global Services, Inc.)

Final Plans. Within fifteen (15) business days after Landlord and Tenant's approval of the preliminary budget for the Tenant ImprovementsNo later than March 24, 1997, Tenant shall cause the Architect to deliver to Landlord, for Landlord's review and approval, commence preparing complete plans, specifications and working drawings which incorporate and are consistent with the approved Preliminary Plans and the preliminary budget, as previously approved by Landlord, and which show in detail the intended design, construction and finishing of all portions of the Tenant ImprovementsImprovements described in the Preliminary Plans (collectively, in sufficient detail for construction (the "Final PlansFINAL PLANS"). Tenant shall cause Architect to deliver the Final Plans to Landlord, for Landlord's review and approval, no later than April 21, 1997. Within ten five (105) business days after Landlord's receipt of the Final Plans, Landlord shall either approve or disapprove the Final Plans, which approval shall not be unreasonably withheld. If Landlord disapproves Landlord's failure to approve or disapprove the Final Plans within such five-day period shall be deemed to constitute Landlord's approval of the Final Plans, then Landlord shall state in reasonable detail the changes which Landlord requires to be made thereto. If Landlord disapproves the Final Plans, then Landlord shall state in reasonable detail the changes which Landlord requires to be made thereto. Tenant shall submit to Landlord revised Final Plans within five (5) business days after Tenant's receipt of Landlord's disapproval notice. Following Landlord's receipt of the revised Final Plans from Tenant, Landlord shall have the right to review and approve the revised Final Plans pursuant to this Section PARAGRAPH 2.2.3. Landlord shall give Tenant written notice of its approval or disapproval of the revised Final Plans within five (5) business days after the date of Landlord's receipt thereof. Landlord's failure to approve or disapprove the Final Plans within such five-day period shall be deemed to constitute Landlord's approval of the revised Final Plans. If Landlord reasonably disapproves the revised Final Plans, then the following shall occur: (i) Landlord and Tenant shall continue to follow the procedures set forth in this Section PARAGRAPH 2.2.3 until Landlord and Tenant reasonably approve such Final Plans in accordance with this Section PARAGRAPH 2.2.3, and (ii) the period between the date which is ten (10) business after Landlord's reasonable disapproval (or such earlier date if Landlord approves or disapproves the first revised Final Plans in a period less than the 5-business days provided Landlord above) and the eventual mutual approval of such Final Plans shall constitute a Tenant Delay.

Appears in 1 contract

Samples: Lease (Broadvision Inc)

Final Plans. Within fifteen (15) business days after Landlord and Tenant's approval Upon completion of the preliminary budget for the Tenant ImprovementsSchematic Drawings as revised in accordance with Section 2.1 above, Tenant shall cause the Architect to deliver to Landlord, for Landlord's review shall prepare final plans and approval, complete plans, specifications and working drawings, including engineered Mechanical, Electrical and Plumbing drawings which incorporate and are consistent with Preliminary Plans and (collectively the preliminary budget, as previously approved by Landlord, and which show in detail the intended design, construction and finishing of all portions of Tenant Improvements, in sufficient detail for construction ("Final Plans") based upon and incorporating such Schematic Drawings as revised as provided hereinabove. Upon completion of the Final Plans, same shall be submitted to Lessor and Lessee for approval. If Lessor consents in writing thereto, such Final Plans may exclude certain finish specifications (such as, the color of paint or the color or design of wall or floor coverings) so long as such specifications are not needed in order to submit the Final Plans for Permits (as hereinafter defined) and so long as such specifications are delivered to Lessor for Lessor's approval thereof within thirty (30) days after delivery to Lessor of the Final Plans. Such finish specifications shall not be incorporated into the Lessee Improvements until same are approved by Lessor in writing. Within ten (10) days after Lessee's receipt of the Final Plans, Lessee shall notify Lessor and the Architect of the changes, if any, which Lessee desires to make to such Final Plans, which notice shall be in writing and shall identify with specificity the changes which Lessee desires to make and shall attach a copy of the Final Plans initialed by Lessee and showing the desired changes (the "Lessee's Final Notice"). Without Lessor's prior consent, which shall not be unreasonably withheld or delayed, Lessee shall not change any portion of the Final Plans which incorporate the improvements depicted in the Schematic Drawings, as revised in accordance with Section 2.1 above, or which is a natural progression of such improvements. Within ten (10) business days after Landlord's receipt of Final Plansdays, Landlord Lessor shall either approve or disapprove Final Plans, which approval shall not be unreasonably withheldthereof. If Landlord disapproves Lessor disapproves, Lessor shall identify in writing and with specificity the reason for Lessor's disapproval, and the Final PlansPlans shall be revised by the Architect to reflect those changes described in Lessee's Final Notice which are not disapproved by Lessor and such other items needed to satisfy Lessor's objections thereto, then Landlord shall state in reasonable detail all of which must also be approved by the changes which Landlord requires to be made theretoLessee. If Landlord disapproves The improvements depicted on the Final Plans, then Landlord as so revised, shall state in reasonable detail constitute the changes which Landlord requires to be made thereto. Tenant shall submit to Landlord revised Final Plans within five (5) business days after Tenant"Lessee Improvements." At Lessor's receipt request, upon completion of Landlord's disapproval notice. Following Landlord's receipt of the revised Final Plans from Tenant, Landlord shall have the right to review and approve the revised Final Plans pursuant to this Section 2.2.3. Landlord shall give Tenant written notice of its approval or disapproval of the revised Final Plans within five (5) business days after the date of Landlord's receipt thereof. If Landlord reasonably disapproves the revised Final Plans, then Lessor and Lessee shall initial same, thereby acknowledging their approval of the following shall occur: (i) Landlord and Tenant shall continue to follow the procedures set forth in this Section 2.2.3 until Landlord and Tenant reasonably approve such Final Plans in accordance with this Section 2.2.3, and (ii) the period between the date which is ten (10) business after Landlord's reasonable disapproval (or such earlier date if Landlord approves or disapproves the first revised Final Plans in a period less than the 5-business days provided Landlord above) and the eventual mutual approval form of such Final Plans shall constitute a Tenant DelayPlans.

Appears in 1 contract

Samples: Lease Agreement (A-Mark Precious Metals, Inc.)

Final Plans. Within fifteen Tenant has submitted to Landlord Tenant’s specifications for the Tenant Improvements (15collectively, the “Tenant Improvement Specifications”) business days after attached hereto as Exhibit B-1. The Architect will design a proposed floor plan of Tenant’s office space requirements as indicated in the Tenant Improvement Specifications to be mutually acceptable to Landlord and Tenant's approval of the preliminary budget for the Tenant Improvements, Tenant . Landlord shall cause the Architect to deliver to Landlord, prepare final plans and specifications for Landlord's review and approval, complete plans, specifications and working drawings which incorporate and are consistent with Preliminary Plans and the preliminary budget, as previously approved by Landlord, and which show in detail Tenant Improvements (the intended design, construction and finishing of all portions of Tenant Improvements, in sufficient detail for construction ("Final Plans"). Within ten ”) and shall submit the same to Tenant for its approval on or before_______ (10) business days after Landlord's receipt of Final Plans, Landlord shall either approve or disapprove Final Plans, which approval shall not be unreasonably withheld. If Landlord disapproves Final Plans, then Landlord conditioned or delayed), and shall state in reasonable detail the changes which Landlord requires to be made thereto. If Landlord disapproves the Final Plans, then Landlord shall state in reasonable detail the changes which Landlord requires to be made thereto. Tenant shall submit to Landlord revised Final Plans deemed granted if within five (5) business days after Tenant's receipt of Landlord's disapproval notice. Following Landlord's receipt of the revised Final Plans from Tenantfollowing submittal, Landlord shall have the right to review and approve the revised Final Plans pursuant to this Section 2.2.3. Landlord shall give Tenant does not deliver written notice of its approval or to Landlord specifying in reasonable detail the basis for Xxxxxx’s disapproval of the revised such proposed Final Plans within five (5) business days after the date of Landlord's receipt thereofPlans. If Landlord reasonably Tenant so timely disapproves the revised of such Final Plans, then the following parties shall occur: (i) Landlord promptly meet to resolve any open issues and Tenant shall continue to follow reach agreement upon the procedures set forth in this Section 2.2.3 until Landlord and Tenant reasonably approve such Final Plans for the Tenant Improvements. Included in accordance with this Section 2.2.3, and (ii) the period between the date which is ten (10) business after Landlord's reasonable disapproval (or such earlier date if Landlord approves or disapproves the first revised Final Plans in a period less than will be the 5-business days provided Landlord above) civil, architectural and structural plans for the Tenant Improvements. When the Final Plans have been approved by Xxxxxx and Landlord, Landlord’s Architect shall submit the Final Plans to the appropriate governmental agency for plan checking and the eventual mutual approval issuance of such a building permit for the Tenant Improvements. If the Final Plans have not been approved by_______ (the “Final Plans Target Date”), the Outside Date and the Tenant Fixturing Commencement Date shall constitute each be extended on a Tenant Delay.day to day basis to the same extent that the Final Plans Target Date is delayed, (b)

Appears in 1 contract

Samples: Guaranty Agreement (Adara Acquisition Corp.)

Final Plans. Within fifteen thirty (1530) business days after any approval by both Landlord and Tenant of the Preliminary Expansion Plans, the Preliminary Budget and the Preliminary Schedule pursuant to Section 27.3, Landlord shall cause to be prepared: (i) final plans, drawings and specifications for the Expansion Premises (the "Final Expansion Plans") prepared, based on and in substantial accordance with the Preliminary Expansion Plans, and designating any items required to be constructed or installed by Tenant at its own cost and expense ("Tenant's approval of the preliminary Work"); (ii) a comprehensive budget for the Tenant Improvementsconstruction of the Expansion Premises (the "Expansion Budget"); and (iii)a comprehensive schedule for the Construction of the Expansion Premises (the "Expansion Schedule"; the Final Expansion Plans, Tenant shall cause the Architect to deliver to Landlord, for Landlord's review and approval, complete plans, specifications and working drawings which incorporate and are consistent with Preliminary Plans Expansion Budget and the preliminary budget, Expansion Schedule being referred to herein collectively as previously approved by Landlord, and which show in detail the intended design, construction and finishing of all portions of Tenant Improvements, in sufficient detail for construction ("Final PlansExpansion Documents"). Within ten Landlord shall, within said thirty (1030) business days after Landlord's receipt of Final Plansday period, Landlord shall either approve or disapprove Final Plansdeliver the Expansion Documents to Tenant for its approval, which approval shall not be unreasonably withheld. If Landlord disapproves Final Plans, then Landlord shall state in reasonable detail the changes which Landlord requires to be made thereto. If Landlord disapproves the Final Plans, then Landlord shall state in reasonable detail the changes which Landlord requires to be made thereto. Tenant shall submit to Landlord revised Final Plans notify Landlord, in writing, of Tenant's approval or dixxxxxxval of the Expansion Documents within five thirty (530) business days after Tenant's receipt of Landlord's disapproval noticethereox. Following Landlord's receipt Xx Tenant disapproves any of the revised Final Plans from TenantExpansion Documents,or any modification thereof, Landlord shall have the right cause thesame to review be modified in such respects as Landlord deems appropriate and approve the revised Final Plans pursuant resubmitted to this Section 2.2.3. Landlord shall give Tenant written within fifteen (15)days after receipt of Tenant's notice of its approval or disapproval disaxxxxxxl. In the event that Tenant,acting reasonably and in good faith, fails to approve all of the revised Final Plans Expansion Documents within five one hundred eighty (5180) business days after delivery of the date of Landlord's receipt thereof. If Landlord reasonably disapproves the revised Final PlansExpansion Notice, then the following Expansion Notice shall occur: (i) Landlord automatically be deemed withdrawn,and rendered null and void and Tenant shall continue pay to follow Landlord as Additional Rent, promptly following demand, an amount equal to all costs and expenses reasonably paid or incurred by Landlord in connection with Tenant's exercise of the procedures set forth Expansion Option, including, without limitati on, fees of architects, engineers and consultants involved in Landlord's review and approval of the Preliminary Expansion Plans, preparation of the Expansion Documents,the costs associated with preparing and negotiating the Amendment Terms, and any option or similar fees; provided, however, that Tenant may later deliver an Expansion Notice if Tenant later desires to attempt to exercise the Expansion Option, in which case the terms and conditions of this Section 2.2.3 until Landlord and Tenant reasonably approve such Final Plans in accordance with this Section 2.2.3shall again apply. The Expansion Documents, and (ii) if approved by Tenant, will supercede the period between the date which is ten (10) business after Landlord's reasonable disapproval (or such earlier date if Landlord approves or disapproves the first revised Final Plans in a period less than the 5-business days provided Landlord above) and the eventual mutual approval of such Final Plans shall constitute a Tenant DelayPreliminary Expansion Plans.

Appears in 1 contract

Samples: R & B Inc

Final Plans. On or before thirty (30) days following the date of full execution of this First Amendment to Lease, Landlord shall submit to Tenant two (2) sets of Landlord’s proposed space and construction plans and specifications prepared by Landlord’s architect, for the Tenant Improvements. Within fifteen three (153) business days after receipt of Landlord’s plans and specifications Tenant shall either: (i) evidence its approval by endorsement on one (1) set of said plans and specifications (and return such signed or initialed set to Landlord); or (ii) indicate those revisions or corrections which Tenant requires and the reasons therefor; provided Landlord shall not be obligated to accept any revisions which Landlord shall reasonably determine: (A) do not conform to the standards of design, motif and Tenant's approval decor reasonably established or adopted by Landlord for the Building; (B) would subject Landlord or the Premises to any additional cost, expense, liability, violation, fine, penalty, or forfeiture; would adversely affect the reputation, character, or nature of the preliminary budget Building; (C) would provide for or require any installation of work which is or might be unlawful, create an unsound or dangerous condition, adversely affect the structural soundness of the Premises or Building; (D) interfere with or abridge the use and enjoyment of any adjoining or other space in the Building, or (E) is of a special use or nature with little or no residual value (unless Tenant Improvements, Tenant shall cause the Architect agrees to deliver to Landlord, pay for Landlord's review and approval, complete plans, specifications and working drawings which incorporate and are consistent with Preliminary Plans such improvements and the preliminary budgetremoval thereof upon the expiration or earlier termination of this Lease). Landlord shall, within five (5) days thereafter, submit four (4) sets of proposed plans and specifications, as previously approved by Landlordso revised or corrected, and to Tenant for its approval in accordance with this paragraph, which show in detail plans will then be considered the intended design, construction and finishing of all portions of Tenant Improvements, in sufficient detail for construction final plans ("the “Final Plans"). Within ten (10) business days after The Final Plans may subsequently be amended by Tenant provided that significant changes will require Landlord's receipt of Final Plans, Landlord shall either approve or disapprove Final Plans’s prior written approval, which approval shall not be unreasonably withheld. If Landlord disapproves Final Plans, then Landlord shall state in reasonable detail the changes which Landlord requires to be made thereto. If Landlord disapproves the Final Plans, then Landlord shall state in reasonable detail the changes which Landlord requires to be made thereto. Tenant shall submit to Landlord revised Final Plans given or reasonably refused within five (5) business days after Tenant's receipt of Landlord's disapproval noticesuch amended plans and specifications. Following Landlord's receipt of The parties will work cooperatively to complete the revised Final Plans from Tenant, Landlord shall have the right to review and approve the revised Final Plans pursuant to this Section 2.2.3. Landlord shall give Tenant written notice of its plan approval or disapproval of the revised Final Plans within five (5) business days after the date of Landlord's receipt thereof. If Landlord reasonably disapproves the revised Final Plans, then the following shall occur: (i) Landlord and Tenant shall continue to follow the procedures set forth in this Section 2.2.3 until Landlord and Tenant reasonably approve such Final Plans in accordance with this Section 2.2.3, and (ii) the period between the date which is ten (10) business after Landlord's reasonable disapproval (or such earlier date if Landlord approves or disapproves the first revised Final Plans in a period less than the 5-business days provided Landlord above) and the eventual mutual approval of such Final Plans shall constitute a Tenant Delayprocess expeditiously.

Appears in 1 contract

Samples: Lease (DiaMedica Therapeutics Inc.)

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Final Plans. Within fifteen (15) business days after Landlord and Tenant's As soon as is commercially reasonable following the approval of the preliminary budget for the Tenant ImprovementsPreliminary Plans, Tenant shall cause submit to Landlord a proposed set of Final Plans for approval by Landlord. Landlord’s approval of such proposed Final Plans shall not be unreasonably withheld, conditioned or delayed, unless such are inconsistent with the Architect to deliver to Landlord, for Landlord's review and approval, complete plans, specifications and working drawings which incorporate and are consistent with approved Preliminary Plans and or reveal a Design Problem, in which event Landlord may disapprove of the preliminary budgetFinal Plans in its sole discretion. As used herein, as previously approved by a “Design Problem” means a condition that results, or may result, from the Final Plans that are proposed that, if implemented: (1) does or would not comply with applicable laws; (2) does or would not meet or exceed Building Standard; (3) would exceed the capacity, adversely affects, is incompatible with, or impairs Landlord’s ability to maintain, and which show operate, alter, modify or improve the Building; (4) would affect the exterior appearance of the Building or Common Areas; (5) would affect the Base Building, (6) violates any agreement affecting the Building; (7) costs materially more to demolish than Building Standard materials (unless Tenant is required or agrees to pay the cost thereof); (8) violates any insurance regulations or standards for a fire-resistive office building; or (9) locates any equipment, wiring, cabling or conduit or Tenant’s Personal Property on the roof of the Building or in detail Common Areas (e.g., areas of the Building intended design, construction and finishing for the common benefit of all portions of Tenant Improvements, in sufficient detail for construction ("Final Plans"tenants thereof). Within ten Landlord shall advise Tenant of Landlord’s approval or disapproval of the proposed Final Plans within seven (107) business days after Landlord's ’s receipt of the proposed Final Plans. If Landlord disapproves any aspect of the proposed Final Plans, Landlord shall either approve or disapprove Final Plans, which approval shall not be unreasonably withheld. If Landlord disapproves Final Plans, then Landlord shall state in reasonable detail the changes which Landlord requires to so notify Tenant and specify how any such disapproved item may be made theretoacceptable to Landlord. If Landlord disapproves the The proposed Final Plans, Plans shall then Landlord shall state in reasonable detail the changes which Landlord requires to be made thereto. Tenant shall submit revised and re-submitted to Landlord revised Final Plans within five (5) business days after Tenant's receipt of Landlord's disapproval notice. Following Landlord's receipt of the revised Final Plans from Tenant, Landlord shall have the right to review and approve the revised Final Plans pursuant to this Section 2.2.3. Landlord shall give Tenant written notice of its approval or disapproval of the revised Final Plans within five (5) business days after the date of Landlord's receipt thereof. If Landlord reasonably disapproves the revised Final Plans, then the following shall occur: (i) Landlord and Tenant shall continue agree upon and sign the Final Plans on or before April 15, 2010. The proposed Final Plans will be deemed to follow be complete and become the procedures set forth in this Section 2.2.3 until Final Plans upon execution thereof by Landlord and Tenant reasonably approve such Final Plans in accordance with this Section 2.2.3Tenant, and (ii) the period between the date which is ten (10) business after Landlord's reasonable disapproval (or such earlier date if Landlord approves or disapproves the first revised Final Plans in a period less than the 5-business days provided Landlord above) and the eventual mutual approval of thereupon such Final Plans shall constitute be deemed to be a part of this Lease and incorporated into this Lease by reference. Approval by Landlord of the Final Plans shall not be a representation or warranty of Landlord that such plans are adequate for any use, purpose, or condition, or that such plans comply with any applicable law or code, but shall merely be the consent of Landlord to the Final Plans. All changes in the Final Plans must receive the prior written approval of Landlord as indicated above, and in the event of any such approved change, Tenant Delayshall, upon completion of the Tenant Improvements, furnish Landlord with accurate record drawings (in CADD file format) of the Tenant Improvements as constructed.

Appears in 1 contract

Samples: Office Lease (Pinnacle Foods Finance LLC)

Final Plans. Within fifteen (15) business days after Landlord and Tenant's As soon as available following approval of the preliminary budget for the Tenant ImprovementsFinal Space Plans, and in any event on or before April 30, 2001, Tenant shall cause the Architect furnish to deliver to Landlord, Landlord for Landlord's review and approval, complete plans, specifications and working drawings which incorporate and are consistent with Preliminary Plans and the preliminary budget, as previously approved by Landlord, and which show in detail the intended design, construction and finishing of all portions of Tenant Improvements, in sufficient detail for construction written approval ("Final Plans"). Within ten (10) business days after Landlord's receipt of Final Plans, Landlord shall either approve or disapprove Final Plans, which approval shall not be unreasonably withheld) working plans and specifications (the "Working Drawings") prepared by Xxxxxx's Architect for all of the improvements which Tenant desires to be constructed in the Premises; provided, however, that all mechanical, electrical and plumbing engineering drawings included in the Working Drawings shall be prepared by an engineer designated by Landlord, who shall be engaged by Xxxxxx ("Tenant's Engineer"). If Landlord disapproves The Working Drawings shall show improvements that conform to the Final PlansSpace Plans (except to the extent specifically noted therein or in accompanying specifications) and the Building Construction Standards, then shall separately note any proposed structural work or extraordinary or supplemental electrical, plumbing or HVAC requirements, and shall be in sufficient detail as to enable the general contractor for the work to obtain all necessary governmental permits for construction of all of the improvements and to secure complete bids from qualified contractors to perform the work for all of the improvements to be constructed in the Premises. Landlord shall state in reasonable detail respond to the changes which Landlord requires to be made theretoWorking Drawings within ten (10) Business Days of its receipt thereof. If Landlord disapproves the Final Plans, The Working Drawings shall identify any "long-lead" materials then Landlord shall state in reasonable detail the changes which Landlord requires to be made theretoknown by Tenant or Xxxxxx's Architect. Tenant shall submit respond promptly to any written objections of Landlord to the Working Drawings and shall resubmit appropriately revised Final Plans Working Drawings prepared by Xxxxxx's Architect within five (5) business days after Business Days of Tenant's receipt of Landlord's disapproval notice. Following Landlord's receipt written objections, and such resubmitted plans shall clearly indicate which portions of the plans are revised Final Plans and which portions of the plans remain unchanged from Tenant, Landlord shall have the right to review and approve the revised Final Plans pursuant to this Section 2.2.3previously submitted plans. Landlord shall give respond to resubmitted Working Drawings promptly. This procedure shall be followed until all objections have been resolved and the Working Drawings approved; provided however, that if Tenant written notice has not submitted acceptable Working Drawings to Landlord on or before June 1, 2001, as such date shall be extended as provided below (the "Final Plan Date"), then each day beyond the Final Plan Date that Tenant has not submitted acceptable Working Drawings to Landlord shall constitute a day of its approval Tenant Delay under Paragraph 4.e. below. If Landlord fails to provide any required consent or disapproval of within the revised applicable time period set forth this Paragraph 4.a., then the Final Plans within five (5) business days after the date Plan Date shall be extended by one day for each day of Landlord's receipt thereof. If Landlord reasonably disapproves the revised Final Plans, then the following shall occur: net delinquency (i) Landlord and Tenant shall continue to follow the procedures set forth in this Section 2.2.3 until Landlord and Tenant reasonably approve such Final Plans in accordance with this Section 2.2.3, and (ii) the period between the date which is ten (10) business after determining "net delinquency" each day of Landlord's reasonable delinquency in providing a required consent or disapproval (under this Paragraph 4.a. shall be offset by each day, if any, prior to the applicable deadline that Landlord delivers any other consent or such earlier date if Landlord approves or disapproves disapproval required under this Paragraph 4.a.). The Working Drawings, as approved in writing by Landlord, are hereinafter called the first revised Final Plans in a period less than the 5-business days provided Landlord above) "Plans," and the eventual mutual approval of such Final work shown on the Plans shall constitute a is hereinafter called the "Tenant DelayImprovements."

Appears in 1 contract

Samples: Office Lease (Ask Jeeves Inc)

Final Plans. Within fifteen On or before thirty (1530) business days after following the date of full execution of this Lease, Landlord shall submit to Tenant a set of Landlord’s proposed space and Tenant's approval of the preliminary budget construction plans and specifications prepared by Landlord’s architect, for the Tenant Improvements, Tenant shall cause the Architect to deliver to Landlord, for Landlord's review and approval, complete plans, specifications and working drawings which incorporate and are consistent with Preliminary Plans and the preliminary budget, as previously approved by Landlord, and which show in detail the intended design, construction and finishing of all portions of Tenant Improvements, in sufficient detail for construction ("Final Plans"). Within ten (10) business days after Landlord's receipt of Final Plans, Landlord shall either approve or disapprove Final Plans, which approval shall not be unreasonably withheld. If Landlord disapproves Final Plans, then Landlord shall state in reasonable detail the changes which Landlord requires to be made thereto. If Landlord disapproves the Final Plans, then Landlord shall state in reasonable detail the changes which Landlord requires to be made thereto. Tenant shall submit to Landlord revised Final Plans within five (5) business days after Tenant's ’s receipt of Landlord's disapproval notice. Following ’s initial plans and specifications Tenant shall either: (a) evidence its approval by endorsement on one (1) set of said plans and specifications (and return such signed or initialed set to Landlord's receipt ); or (b) indicate those revisions or corrections which Tenant requires and the reasons therefor; provided Landlord shall not be obligated to accept any revisions which Landlord shall reasonably determine: (i) do not conform to the standards of design, motif and decor reasonably established or adopted by Landlord for the Building; (ii) would subject Landlord or the Premises to any additional cost, expense, liability, violation, fine, penalty, or forfeiture; would adversely affect the reputation, character, or nature of the revised Final Plans from TenantBuilding; (iii) would provide for or require any installation of work which is or might be unlawful, Landlord shall have create an unsound or dangerous condition, adversely affect the right structural soundness of the Premises or Building; (iv) interfere with or abridge the use and enjoyment of any adjoining or other space in the Building, or (v) is of a special use or nature with little or no residual value (unless Tenant agrees to review pay for such improvements and approve the revised Final Plans pursuant to removal thereof upon the expiration or earlier termination of this Section 2.2.3Lease). Landlord shall give Tenant written notice of its approval or disapproval of the revised Final Plans shall, within five (5) business days after the date thereafter, submit a set of Landlord's receipt thereof. If Landlord reasonably disapproves the proposed plans and specifications, as so revised Final Plansor corrected, then the following shall occur: (i) Landlord and to Tenant shall continue to follow the procedures set forth in this Section 2.2.3 until Landlord and Tenant reasonably approve such Final Plans for its approval in accordance with this Section 2.2.3paragraph, which plans will then be considered the final plans so long as they have adequately addressed all revisions and corrections previously specified by Tenant (ii) the period between the date which is ten (10) business after Landlord's reasonable disapproval (or such earlier date if Landlord approves or disapproves the first revised Final Plans in a period less than the 5-business days provided Landlord above) and the eventual mutual approval of such Final Plans shall constitute a Tenant Delay."

Appears in 1 contract

Samples: Office Lease (DiaMedica Therapeutics Inc.)

Final Plans. Within fifteen (15) business days after Landlord and Tenant's approval Upon completion of the preliminary budget for the Tenant ImprovementsSchematic Drawings as revised in accordance with Paragraph 2.1 above, Tenant shall cause the Architect to deliver to Landlord, for Landlord's review shall prepare final plans and approval, complete plans, specifications and working drawings which incorporate and are consistent with Preliminary Plans and (collectively the preliminary budget, as previously approved by Landlord, and which show in detail the intended design, construction and finishing of all portions of Tenant Improvements, in sufficient detail for construction ("Final Plans")) based upon and incorporating such Schematic Drawings as revised as provided hereinabove. Within ten Upon a date to be mutually agreed upon by Lessor, Lessee and Architect (10approximately at that point in time where the Final Plans shall be two-thirds complete) business days after Landlord's receipt the parties and Architect shall meet to review the progress of Final Plans, Landlord shall either approve or disapprove the Final Plans, which shall be submitted to Lessor and Lessee for approval. If Lessee and Lessor consent in writing thereto, such Final Plans may exclude certain finish specifications (such as, the color of paint or the color or design of wall or floor coverings) so long as such specifications are not needed in order to submit the Final Plans for Permits (as hereinafter defined) and so long as such specifications are delivered to Lessor for Lessor's approval thereof within thirty (30) days after delivery to Lessor of the Final Plans. Such finish specifications shall not be unreasonably withheldincorporated into the Lessee Improvements until same are approved by Lessor in writing. If Landlord disapproves Final Plans, then Landlord shall state in reasonable detail the changes which Landlord requires to be made thereto. If Landlord disapproves the Final Plans, then Landlord shall state in reasonable detail the changes which Landlord requires to be made thereto. Tenant shall submit to Landlord revised Final Plans within Within five (5) business days after Tenant's receipt of Landlord's disapproval notice. Following LandlordLessee's receipt of the revised Final Plans, Lessee shall notify Lessor and the Architect of the changes, if any, which Lessee desires to make to such Final Plans, which notice shall be in writing and shall identify with specificity the changes which Lessee desires to make and shall attach a copy of the Final Plans from Tenant, Landlord initialed by Lessee and showing the desired changes (the "Lessee's Final Notice"). Lessee shall have not change any portion of the right to review and approve the revised Final Plans pursuant to this Section 2.2.3which incorporate the improvements depicted in the Schematic Drawings, as revised in accordance with Paragraph 2.1 above, or which is a natural progression of such improvements. Landlord shall give Tenant written notice of its approval or disapproval of the revised Final Plans within Within five (5) business days after the date of Landlordfollowing Lessor's receipt of the Final Plans and Lessee's Final Notice, Lessor shall approve or disapprove thereof. If Landlord reasonably disapproves Lessor disapproves, Lessor shall identify in writing and with specificity the reason for Lessor's disapproval. The Final Plans shall be revised by the Architect to reflect those changes described in Lessee's Final Notice which are not disapproved by Lessor and such other items needed to satisfy Lessor's objections thereto. The improvements depicted on the Final Plans, as so revised, shall constitute the "Lessee Improvements." Upon completion of the revised Final Plans, then Lessor and Lessee shall initial same, thereby acknowledging their approval of the following shall occur: (i) Landlord and Tenant shall continue to follow the procedures set forth in this Section 2.2.3 until Landlord and Tenant reasonably approve such Final Plans in accordance with this Section 2.2.3, and (ii) the period between the date which is ten (10) business after Landlord's reasonable disapproval (or such earlier date if Landlord approves or disapproves the first revised Final Plans in a period less than the 5-business days provided Landlord above) and the eventual mutual approval form of such Final Plans shall constitute a Tenant DelayPlans.

Appears in 1 contract

Samples: 1 Lease Agreement (Hawthorne Financial Corp)

Final Plans. Within fifteen (15) business days after Landlord and Tenant's approval of As soon as the preliminary budget for the Tenant ImprovementsPreliminary Plans are approved by Landlord, Tenant shall cause the Architect to deliver to Landlord, for Landlord's review and approval, complete prepare final plans, specifications and working drawings which incorporate and are consistent with Preliminary Plans and for the preliminary budget, as previously approved by Landlord, and which show in detail Tenant Improvements (the intended design, construction and finishing of all portions of Tenant Improvements, in sufficient detail for construction ("Final Plans")) that are consistent with and logical evolutions of the approved Preliminary Plans and shall deliver the same to Landlord for approval. Within ten (10) business days after Landlord's receipt Concurrently with the delivery of the Final Plans, Tenant shall deliver to Landlord shall either approve or disapprove Final Plansfor Landlord's approval a schedule of values ("Schedule of Values") allocating costs to the various portions of the work involved in the construction and installation of the Tenant Improvements and setting forth Tenant's reasonable, which approval shall not be unreasonably withheld. If Landlord disapproves Final Plans, then Landlord shall state good faith estimate of the timing of Landlord's disbursements of the Tenant Improvement Allowance (as defined in reasonable detail Section 4.1 below) and the changes which Landlord requires to be made theretoamount of each such disbursement. If Landlord disapproves the Final PlansPlans and/or the Schedule of Values, then Landlord shall state in reasonable detail the changes which Landlord requires deliver to be made thereto. Tenant shall submit to Landlord revised Final Plans Tenant, as soon as reasonably possible but within five (5) business days after Tenantfollowing receipt thereof, written notice of such disapproval. Such notice shall specify all changes that must be made to the Final Plans and/or the Schedule of Values as a condition of Landlord's approval thereof. Promptly following receipt of Landlord's disapproval notice. Following notice of disapproval, Tenant shall deliver a revised set of Final Plans and/or Schedule of Values to Landlord, which Final Plans and/or Schedule of Values shall incorporate all changes specified in Landlord's receipt notice of the disapproval. Landlord shall approve or disapprove revised Final Plans from Tenant, Landlord shall have and/or the right to review and approve the revised Final Plans pursuant to this Section 2.2.3. Landlord shall give Tenant written notice of its approval or disapproval of the revised Final Plans Schedule Values within five two (52) business days after the date of Landlord's receipt thereof. If As soon as Landlord reasonably disapproves approves the revised Final PlansPlans and the Schedule of Values submitted by Tenant, then the following shall occur: (i) Landlord and Tenant shall continue to follow each sign the procedures set forth same. Except as otherwise specifically provided in this Section 2.2.3 until Work Letter, the term "Final Plans" as hereinafter used shall mean the final plans, specifications, working drawings and Schedule of Values approved by Landlord and for the construction of the Tenant reasonably approve such Final Plans in accordance with this Section 2.2.3, and (ii) the period between the date which is ten (10) business after Landlord's reasonable disapproval (or such earlier date if Landlord approves or disapproves the first revised Final Plans in a period less than the 5-business days provided Landlord above) and the eventual mutual approval of such Final Plans shall constitute a Tenant DelayImprovements.

Appears in 1 contract

Samples: Letter Agreement (Organic Inc)

Final Plans. Within fifteen Landlord and Tenant will cooperate with each other in the development of final construction drawings and specifications for the Initial Improvements (15collectively, "Final Plans") consistent with the Preliminary Plans , with the goal of having Final Plans completed by April 2, 1997. When Landlord requests Tenant to specify details or layouts or approve any portion of the Final Plans, Tenant shall promptly specify or approve or disapprove same within 3 business days after thereafter so as not to delay completion of the Final Plans. Landlord shall not be obligated to agree to any refinement, substitution, change or addition to the Preliminary Plans and any plans subsequently approved by the parties if in the judgment of Landlord the requested refinement, change, substitution or addition would have an adverse effect on the quality, useful life, value, functionality or costs of operating or maintaining the Initial Improvements or would result in failure to meet a date in the Schedule (defined in Paragraph 1(c) below) or increase the cost of the Initial Improvements. Otherwise, Landlord shall not unreasonably disapprove any refinement, change, substitution or addition to the Final Plans. Tenant's approval right to disapprove the proposed Final Plans shall be limited to material inconsistencies with the Preliminary Plans and noncompliance with or violation of applicable laws, codes, ordinances or other legal requirements. Landlord may submit the preliminary budget Final Plans in stages and separately for the Tenant Improvements, and Building and Sitework, in which case the approval procedure shall apply to each stage or portion. Any delay in the completion of the Final Plans caused by any Tenant shall cause failure to respond within the Architect to deliver required time to Landlord, for Landlord's review and approval, complete plans, specifications and working drawings which incorporate and are consistent with Preliminary Plans and the preliminary budget, as previously approved by Landlord, and which show in detail the intended design, construction and finishing of all portions of Tenant Improvements, in sufficient detail for construction ("Final Plans"). Within ten (10) business days after Landlord's receipt of Final Plans, Landlord requests shall either approve or disapprove Final Plans, which approval shall not be unreasonably withheld. If Landlord disapproves Final Plans, then Landlord shall state in reasonable detail the changes which Landlord requires to be made thereto. If Landlord disapproves the Final Plans, then Landlord shall state in reasonable detail the changes which Landlord requires to be made thereto. Tenant shall submit to Landlord revised Final Plans within five (5) business days after Tenant's receipt of Landlord's disapproval notice. Following Landlord's receipt of the revised Final Plans from Tenant, Landlord shall have the right to review and approve the revised Final Plans pursuant to this Section 2.2.3. Landlord shall give Tenant written notice of its approval or disapproval of the revised Final Plans within five (5) business days after the date of Landlord's receipt thereof. If Landlord reasonably disapproves the revised Final Plans, then the following shall occur: (i) Landlord and Tenant shall continue to follow the procedures set forth in this Section 2.2.3 until Landlord and Tenant reasonably approve such Final Plans in accordance with this Section 2.2.3, and (ii) the period between the date which is ten (10) business after Landlord's reasonable disapproval (or such earlier date if Landlord approves or disapproves the first revised Final Plans in a period less than the 5-business days provided Landlord above) and the eventual mutual approval of such Final Plans shall constitute a Tenant DelayCaused Delay (as hereinafter defined).

Appears in 1 contract

Samples: Suit Lease Agreement (Radisys Corp)

Final Plans. Within fifteen The Final Plans and specifications for the Improvements and a Schedule therefor (15the “Final Plans”) business days after Landlord shall be prepared by Tenant at its sole cost and Tenant's approval expense and shall comply with the Guidelines and the requirements of the preliminary budget for TAA process as the Tenant Improvements, Tenant shall cause the Architect same may be amended from time to deliver to Landlord, for Landlord's review and approval, complete plans, specifications and working drawings which incorporate and are consistent with Preliminary Plans and the preliminary budget, as previously approved by Landlord, and which show in detail the intended design, construction and finishing of all portions of Tenant Improvements, in sufficient detail for construction ("Final Plans"). Within ten (10) business days after Landlord's receipt of Final Plans, Landlord shall either approve or disapprove Final Plans, which approval shall not be unreasonably withheld. If Landlord disapproves Final Plans, then Landlord shall state in reasonable detail the changes which Landlord requires to be made thereto. If Landlord disapproves the Final Plans, then Landlord shall state in reasonable detail the changes which Landlord requires to be made theretotime. Tenant shall submit submit, to Landlord revised Final Plans for Landlord’s approval with the Tenant Alteration Application (as provided in Section 6.5 hereof) no later than sixty (60) days after the Term Commencement Date, plans and specifications for Tenant’s Improvements which are at least ninety percent (90%) complete and shall diligently complete any unfinished elements thereof as soon thereafter as possible. Landlord shall use reasonable efforts to review such submissions within the thirty (30) day period following such submission, and shall notify Tenant in writing, from time to time, as soon as practicable, in what respects such plans and specifications are not in conformity with the requirements of Landlord or this Lease (“Landlord Disapproval Notice”). Tenant shall within five (5) business days after Tenant's of its receipt of a Landlord Disapproval Notice revise such plans and specifications as required by Landlord or respond in such other manner as may be appropriate under the circumstances to satisfy Landlord's disapproval notice. Following Landlord's receipt The resubmission of the revised Final Plans from Tenant, Landlord plans and specifications shall have the right be subject to review and approve the revised Final Plans pursuant to this Section 2.2.3. approval by Landlord shall give Tenant written notice of its approval or disapproval of the revised Final Plans within five (5) business days after the date of Landlord's receipt thereof. If Landlord reasonably disapproves the revised Final Plans, then the following shall occur: (i) Landlord and Tenant shall continue to follow the procedures set forth in this Section 2.2.3 until Landlord and Tenant reasonably approve such Final Plans in accordance with this Section 2.2.3, the procedures provided herein for the original submission of plans and (ii) specifications until the period between plans and specifications have been finally approved in writing by Landlord. Such plans and specifications approved by Landlord shall constitute the date which is ten (10) business after Landlord's reasonable disapproval (or “Final Plans” for purposes hereof; and such earlier date if written approval by Landlord approves or disapproves shall constitute the first revised “TAA Approval” of Tenant’s Improvements for purposes hereof. Tenant shall not make any material modification to the Final Plans in a period less than without Landlord’s prior written consent. Upon approval, the 5-business days provided Landlord above) and the eventual mutual approval of such Final Plans shall constitute be attached hereto as Exhibit B. Tenant’s Initial Improvements shall be compatible and in harmony with physical and operational features of the site and developed to achieve not less than a Tenant DelayLEED GOLD Certification (United States Green Building Council) as well as meeting the MA LEED PLUS standard as established by the Commonwealth of Massachusetts.

Appears in 1 contract

Samples: www.bidnet.com

Final Plans. Within fifteen (15) business days after Landlord and Tenant's approval As soon as reasonably practicable following the execution of the preliminary budget for the Tenant ImprovementsLease by Lessor and Lessee, Tenant Lessor shall cause the Lessor’s Architect to prepare and deliver to Landlord, for Landlord's review and approval, complete Lessee proposed final plans, specifications and working construction drawings which for the Improvements (the “Proposed Final Plans”). The Proposed Final Plans shall be prepared in accordance with and based upon the Preliminary Plans. Lessee acknowledges that Lessor shall have the right to submit any component of the Final Plans (defined below) to the City of Commerce, County of Los Angeles or any other governmental or quasi governmental agency or authority having jurisdiction over the Project or the construction of the Improvements (collectively, and as applicable, the “Authorities”) for plan checking and the issuance of applicable permits prior to or after the submission of any other portion of the Final Plans, provided that Lessee has approved (or shall be deemed to have approved) the portion of the Final Plans submitted. If Lessor elects to process any portion of the Final Plans separately from the remainder of the Final Plans, then Lessor shall have the right to not incorporate into the Proposed Final Plans such plans, specifications and are consistent construction drawings to be separately processed and, with Preliminary respect to such portion of the Proposed Final Plans, Lessor and Lessee shall follow the procedures in this Section 3 regarding approval and finalization thereof. Within five (5) business days of Lessee’s receipt of the Proposed Final Plans, Lessee shall either approve the same or specify proposed changes to Lessor in writing, however, Lessee shall work with Lessor and Lessor’s Architect to reconcile any such proposed changes, Lessee’s approval of the Proposed Final Plans shall not be unreasonably withheld or conditioned. Lessee’s failure to notify Lessor in writing within such five (5) business day period of any changes Lessee desires to be made to the Proposed Final Plans will constitute Lessee’s unconditional and irrevocable approval thereof. Lessor shall review Lessee’s proposed changes to the Proposed Final Plans and endeavor to cause Lessor’s Architect to revise the preliminary budget, as previously approved by Landlord, and which show in detail the intended design, construction and finishing of all portions of Tenant Improvements, in sufficient detail for construction ("Proposed Final Plans"). Within Plans within ten (10) business days after Landlord's Lessor’s receipt of Lessee’s requested changes. Lessor and Lessee shall continue the process above until Lessee has approved of all changes to the Proposed Final Plans. The Proposed Final Plans, Landlord as approved or deemed approved by Lessee, or revised to incorporate Lessee’s requested changes thereto, shall either approve or disapprove be referred to herein as the “Final Plans, which approval ”. Lessor shall not be unreasonably withheld. If Landlord disapproves Final Plans, then Landlord shall state in reasonable detail the changes which Landlord requires to be made thereto. If Landlord disapproves submit the Final Plans, then Landlord shall state in reasonable detail the changes which Landlord requires to be made thereto. Tenant shall submit to Landlord revised Final Plans within five (5) business days after Tenant's receipt of Landlord's disapproval notice. Following Landlord's receipt of the revised Final Plans from Tenant, Landlord shall have the right to review and approve the revised Final Plans as approved or deemed approved by Lessee pursuant to this Section 2.2.3. Landlord shall give Tenant written notice of its approval 3.3 or disapproval of Section 3.4 below) to the revised Final Plans within five (5) business days after the date of Landlord's receipt thereof. If Landlord reasonably disapproves the revised Final Plans, then the following shall occur: (i) Landlord and Tenant shall continue to follow the procedures set forth in this Section 2.2.3 until Landlord and Tenant reasonably approve such Final Plans in accordance with this Section 2.2.3, and (ii) the period between the date which is ten (10) business after Landlord's reasonable disapproval (or such earlier date if Landlord approves or disapproves the first revised Final Plans in a period less than the 5-business days provided Landlord above) applicable Authorities for plan checking and the eventual mutual approval issuance of such Final Plans shall constitute a Tenant Delaybuilding permit and other necessary permits for the Improvements.

Appears in 1 contract

Samples: Unified Grocers, Inc.

Final Plans. Within fifteen (15) business days after Landlord and Tenant's approval Upon completion of the preliminary budget for the Tenant ImprovementsSchematic Drawings as revised in accordance with Paragraph 2.1 above, Tenant shall cause the Architect to deliver to Landlord, for Landlord's review shall prepare final plans and approval, complete plans, specifications and working drawings which incorporate (collectively the “Final Plans”) based upon and incorporating such Schematic Drawings as revised as provided hereinabove. Upon completion of the Final Plans, same shall be submitted to Lessor and Lessee for approval. If Lessor consents in writing thereto, such Final Plans may exclude certain finish specifications (such as, the color of paint or the color or design of wall or floor coverings) so long as such specifications are consistent with Preliminary not needed in order to submit the Final Plans for Permits (as hereinafter defined) and so long as such specifications are delivered to Lessor for Lessor’s approval thereof within thirty (30) days after delivery to Lessor of the preliminary budget, as previously Final Plans. Such finish specifications shall not be incorporated into the Lessee Improvements until same are approved by Landlord, and which show Lessor in detail the intended design, construction and finishing of all portions of Tenant Improvements, in sufficient detail for construction ("Final Plans")writing. Within ten (10) business days after Landlord's Lessee’s receipt of the Final Plans, Landlord Lessee shall either approve or disapprove notify Lessor and the Architect of the changes, if any, which Lessee desires to make to such Final Plans, which approval notice shall be in writing and shall identify with specificity the changes which Lessee desires to make and shall attach a copy of the Final Plans initialed by Lessee and showing the desired changes (the “Lessee’s Final Notice”). Without Lessor’s prior consent, which shall not be unreasonably withheldwithheld or delayed, Lessee shall not change any portion of the Final Plans which incorporate the improvements depicted in the Schematic Drawings, as revised in accordance with Paragraph 2.1 above, or which is a natural progression of such improvements. Within a reasonable time following Lessor’s receipt of the Final Plans and Lessee’s Final Notice (but Lessor shall not be obligated to respond earlier than ten (10) days after Lessor’s receipt of such Final Plans and Lessee’s Final Notice), Lessor shall approve or disapprove thereof. If Landlord disapproves Lessor disapproves, Lessor shall identify in writing and with specificity the reason for Lessor’s disapproval, and the Final Plans, then Landlord Plans shall state be revised by the Architect to reflect those changes described in reasonable detail the changes Lessee’s Final Notice which Landlord requires are not disapproved by Lessor and such other items needed to be made satisfy Lessor’s objections thereto. If Landlord disapproves The improvements depicted on the Final Plans, then Landlord as so revised, shall state in reasonable detail constitute the changes which Landlord requires to be made thereto. Tenant shall submit to Landlord revised Final Plans within five (5) business days after Tenant's receipt “Lessee Improvements.” At Lessor’s request, upon completion of Landlord's disapproval notice. Following Landlord's receipt of the revised Final Plans from Tenant, Landlord shall have the right to review and approve the revised Final Plans pursuant to this Section 2.2.3. Landlord shall give Tenant written notice of its approval or disapproval of the revised Final Plans within five (5) business days after the date of Landlord's receipt thereof. If Landlord reasonably disapproves the revised Final Plans, then Lessor and Lessee shall initial same, thereby acknowledging their approval of the following shall occur: (i) Landlord and Tenant shall continue to follow the procedures set forth in this Section 2.2.3 until Landlord and Tenant reasonably approve such Final Plans in accordance with this Section 2.2.3, and (ii) the period between the date which is ten (10) business after Landlord's reasonable disapproval (or such earlier date if Landlord approves or disapproves the first revised Final Plans in a period less than the 5-business days provided Landlord above) and the eventual mutual approval form of such Final Plans shall constitute a Tenant DelayPlans.

Appears in 1 contract

Samples: Lease Agreement (Manhattan Bancorp)

Final Plans. Within fifteen Tenant shall cause Tenant's Architect, in consultation with any engineering consultants designated by Landlord, to prepare and submit for Landlord's approval complete and detailed construction plans and specifications, including a fully coordinated set of architectural, structural, mechanical, fire protection, electrical and plumbing working drawings for the Tenant Improvement Work, in a form which is sufficiently complete to permit subcontractors to bid on the work, obtain all required Permits (15as defined in Paragraph 4.2 below) and commence construction (the "FINAL PLANS"). The Final Plans shall identify materials and finishes by location and shall show telephone and telecommunications facilities, and computer and electronic data facilities. The Final Plans shall be consistent with the Space Plans as approved by Landlord. Landlord shall approve or disapprove of the Final Plans by giving written notice to Tenant within fourteen (14) business days after receipt of the Final Plans. Landlord and Tenant's shall not unreasonably withhold its approval of the preliminary budget for the Tenant Improvements, Tenant shall cause the Architect to deliver to Landlord, for Landlord's review and approval, complete plans, specifications and working drawings which incorporate and are consistent with Preliminary Plans and the preliminary budget, as previously approved by Landlord, and which show in detail the intended design, construction and finishing of all portions of Tenant Improvements, in sufficient detail for construction ("Final Plans"). Within ten (10) business days after Landlord's receipt of Final Plans, provided that, without limiting the generality of the foregoing, Landlord shall either approve be entitled to withhold its consent to the Final Plans for any of the reasons specified in Paragraph 3.1 above, or disapprove if, in Landlord's good faith judgment, the Final Plans are inconsistent with, or do not conform to, the Space Plans, which approval shall not be unreasonably withheld. If Landlord disapproves Final Plans, then Landlord shall state in reasonable detail the changes which Landlord requires to be made thereto. If Landlord disapproves the Final Plans, then Landlord shall state in reasonable detail return the changes which Final Plans to Tenant with a statement of Landlord's reasons for disapproval and/or specifying any required corrections or revisions. Landlord requires shall approve or disapprove of any such revisions to be made thereto. Tenant shall submit to Landlord revised the Final Plans within five fourteen (514) business days after Tenant's receipt of Landlord's disapproval noticesuch revisions. Following Landlord's receipt of This procedure shall be repeated until Landlord approves the revised Final Plans from Tenant(as so approved, Landlord shall have the right to review and approve the revised Final Plans pursuant to this Section 2.2.3. Landlord shall give Tenant written notice of its approval or disapproval of the revised Final Plans within five (5) business days after the date of Landlord's receipt thereof. If Landlord reasonably disapproves the revised Final Plans, then the following shall occur: (i) Landlord and Tenant shall continue to follow the procedures set forth in this Section 2.2.3 until Landlord and Tenant reasonably approve such Final Plans in accordance with this Section 2.2.3, and (ii) the period between the date which is ten (10) business after Landlord's reasonable disapproval (or such earlier date if Landlord approves or disapproves the first revised Final Plans in a period less than the 5-business days provided Landlord above) and the eventual mutual approval of such Final Plans shall constitute a Tenant Delay"TENANT IMPROVEMENT PLANS").

Appears in 1 contract

Samples: Lease (Viasat Inc)

Final Plans. Within fifteen Upon the earlier to occur of (15i) business ten (10) ----------- days after approval by Landlord and Tenant's approval Tenant of the preliminary budget for the Tenant Improvements, or (ii) November 18, 1996, Tenant shall cause the Architect to deliver to Landlord, for Landlord's review and approval, commence preparing complete plans, specifications and working drawings which incorporate and are consistent with the approved Preliminary Plans and the preliminary budget, as previously approved by Landlord, and which show in detail the intended design, construction and finishing of all portions of the Tenant ImprovementsImprovements described in the Preliminary Plans (collectively, in sufficient detail for construction (the "Final Plans"). Tenant shall cause ----------- Architect to deliver the Final Plans to Landlord, for Landlord's review and approval, no later than December 6, 1996. Within ten five (105) business days after Landlord's receipt of the Final Plans, Landlord shall either approve or disapprove the Final Plans, which approval shall not be unreasonably withheld. If Landlord's failure to approve or disapprove the Final Plans within such five-day period shall constitute grounds for the assertion of a Landlord disapproves Final PlansDelay, then and Tenant shall have the right to deliver a Delay Notice to Landlord shall state in reasonable detail the changes which Landlord requires to be made theretoas early as two (2) business days before expiration of such 5-day period. If Landlord disapproves the Final Plans, then Landlord shall state in reasonable detail the changes which Landlord requires to be made thereto. Tenant shall submit to Landlord revised Final Plans within five (5) business days after Tenant's receipt of Landlord's disapproval notice. Following Landlord's receipt of the revised Final Plans from Tenant, Landlord shall have the right to review and approve the revised Final Plans pursuant to this Section Paragraph 2.2.3. Landlord shall give Tenant --------------- written notice of its approval or disapproval of the revised Final Plans within five (5) business days after the date of Landlord's receipt thereof. Landlord's failure to approve or disapprove the Final Plans within such five-day period shall constitute grounds for the assertion of a Landlord Delay, and Tenant shall have the right to deliver a Delay Notice to Landlord as early as two (2) business days before expiration of such 5-day period. If Landlord reasonably disapproves the revised Final Plans, then the following shall occur: (i) Landlord and Tenant shall continue to follow the procedures set forth in this Section Paragraph 2.2.3 until Landlord and Tenant --------------- reasonably approve such Final Plans in accordance with this Section Paragraph 2.2.3, and (ii) the period between the date which is ten (10) business after Landlord's reasonable disapproval (or such earlier date if Landlord approves or disapproves the first revised Final Plans in a period less than the 5-business days provided Landlord above) and the eventual mutual approval of such Final Plans shall constitute a Tenant Delay.. ---------------

Appears in 1 contract

Samples: Lease (At Home Corp)

Final Plans. Within fifteen (15) business days after Landlord and Tenant's approval of the preliminary budget for the Tenant Improvements, Tenant shall cause the Architect to deliver to Landlord, for Landlord's review and approval, complete plans, specifications and working drawings which incorporate and are consistent with Preliminary The Final Plans and specifications for Tenant’s Improvements and a Schedule therefor (the preliminary budget, as previously approved by Landlord, and which show in detail the intended design, construction and finishing of all portions of Tenant Improvements, in sufficient detail for construction ("Final Plans"). Within ten ”) shall comply with the requirements of Landlord’s Tenant Alteration Application Process (10the “TAA Process”) business days after Landlord's receipt of Final Plans, Landlord shall either approve or disapprove Final Plans, which approval shall not as the same may be unreasonably withheld. If Landlord disapproves Final Plans, then Landlord shall state in reasonable detail the changes which Landlord requires amended from time to be made thereto. If Landlord disapproves the Final Plans, then Landlord shall state in reasonable detail the changes which Landlord requires to be made theretotime. Tenant shall submit submit, to Landlord revised Final Plans for Landlord’s approval with the Tenant Alteration Application (as provided in Section 6.5 hereof) no later than sixty (60) days after the Term Commencement Date, plans and specifications for Tenant’s Improvements which are at least ninety percent (90%) complete and shall diligently complete any unfinished elements thereof as soon thereafter as possible. Landlord shall use reasonable efforts to review such submissions within the thirty (30) day period following such submission, and shall notify Tenant in writing, from time to time, as soon as practicable, in what respects such plans and specifications are not in conformity with the requirements of Landlord or this Lease (“Landlord Disapproval Notice”). Tenant shall within five (5) business days after Tenant's of its receipt of a Landlord Disapproval Notice revise such plans and specifications as required by Landlord or respond in such other manner as may be appropriate under the circumstances to satisfy Landlord's disapproval notice. Following The resubmission of revised plans and specifications shall be subject to review and approval by Landlord in accordance with the procedures provided herein for the original submission of plans and specifications until the plans and specifications have been finally approved in writing by Landlord's receipt . Such plans and specifications approved by Landlord shall constitute the “Final Plans” for purposes hereof; and such written approval by Landlord shall constitute the “TAA Approval” of Tenant’s Improvements for purposes hereof. Tenant shall not make any material modification to the revised Final Plans from without Landlord’s prior written consent. Upon approval, the Final Plans shall be attached hereto as Exhibit B. Prior to commencement of construction of Tenant’s Improvements, Landlord shall have approved the right to review and approve the revised Final Plans pursuant to this Section 2.2.3. Landlord shall give Tenant written notice of its approval or disapproval of the revised Final Plans within five (5) business days after the date of Landlord's receipt thereofPlans. If Tenant fails to comply with the time lines herein provided, in addition to any other remedy available to Landlord, for each day of delay by Tenant, Landlord reasonably disapproves may elect to accelerate the revised Final Plans, then the following shall occur: (i) Landlord and Tenant shall continue to follow the procedures set forth in this Section 2.2.3 until Landlord and Tenant reasonably approve Completion Date by one such Final Plans in accordance with this Section 2.2.3, and (ii) the period between the date which is ten (10) business after Landlord's reasonable disapproval (or such earlier date if Landlord approves or disapproves the first revised Final Plans in a period less than the 5-business days provided Landlord above) and the eventual mutual approval of such Final Plans shall constitute a Tenant Delayday.

Appears in 1 contract

Samples: www.bidnet.com

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