Common use of Approval of Working Drawings Clause in Contracts

Approval of Working Drawings. (a) Landlord and Tenant acknowledge that Landlord shall retain Habitec as architect ("Landlord's Architect") to prepare all architectural plans and specifications and shall retain engineers to prepare all engineering plans and specifications required for the construction of the Tenant Improvements in conformance with the base building and tenant improvement standard specifications of the Building (the "Working Drawings"), which Working Drawings shall be delivered to Tenant no later than September 15, 1998, and to prepare drawings and specifications for Changes (as defined below), if any, requested or required pursuant to paragraph 5 below. (b) Landlord shall submit the completed Working Drawings to Tenant for Tenant's approval. Tenant will provide written approval of the Working Drawings within five business days after such submission. If Tenant disapproves any part of the submission, the disapproval shall include written instructions adequate for Landlord's architect and engineers to revise the Working Drawings. Such revisions shall be subject to Landlord's approval, which shall not be unreasonably withheld. Tenant will finally approve the revised Working Drawings within three business days after submission thereof to Tenant. If Tenant's instructions necessitate (i) revisions to the Working Drawings (as originally submitted) which do not conform with the Space Planning Documents, or (ii) a change of scope relative to the Space Planning Documents, the costs incurred by Landlord as a result of such instructions (including, without limitation, the cost of revising the Working Drawings) shall be promptly borne and paid by Tenant upon demand by Landlord. If Tenant's instructions necessitate revisions that are required for the Working Drawings to conform to the Space Planning Documents, the costs incurred for such revisions shall be borne by Landlord. (c) If Tenant fails to approve the Working Drawings or the required Working Drawings within the applicable periods set forth in subparagraph 3(b) above, then (A) Landlord shall not be obligated to commence construction of the Tenant Improvements until such approval is given (and all other permits and approvals have been obtained), (B) Tenant shall be responsible for any resulting delay, and the cost of such delay, in Landlord's completion of the Tenant Improvements, and (C) any such delay shall be deemed a Tenant Delay (as defined below). (d)

Approval of Working Drawings. (a) Landlord and Tenant acknowledge that Landlord shall retain Habitec as architect ("Landlordor Tenant's Architect") to prepare all architectural plans and specifications and shall retain engineers to prepare all engineering plans and specifications required for the construction of the Tenant Improvements in conformance with the base building and tenant improvement standard specifications of the Building (the "Working Drawings"), which Working Drawings shall be delivered to Tenant no later than September 15, 1998, and to prepare drawings and specifications for Changes (as defined below), if any, requested or required pursuant to paragraph 5 below. (b) Landlord Architect shall submit the completed Working Drawings to Landlord for Landlord's review within the time-frame established in Section 2(b) of this Work Letter, and Landlord shall notify Tenant for Tenantwithin five (5) business days after Landlord's approval. Tenant will provide written approval receipt of the Working Drawings within five business of any requested revisions. Within two (2) days after such submission. If Tenant disapproves any part Tenant's receipt of the submission, the disapproval shall include written instructions adequate for Landlord's architect and engineers to revise the Working Drawings. Such revisions shall be subject to Landlord's approvalnotice, which shall not be unreasonably withheld. Tenant will finally approve the revised Working Drawings within three business days after submission thereof to Tenant. If Tenant's instructions necessitate (i) Architect shall make all reasonably requested revisions to the Working Drawings and resubmit two (as originally submitted2) copies of the revised Working Drawings to Landlord for its review and approval, which do not conform with the Space Planning Documents, approval shall be given or withheld within five (ii5) a change business days thereafter. If Landlord should deny approval of scope relative to the Space Planning Documents, the costs incurred by Landlord as a result of such instructions (including, without limitation, the cost of revising the Working Drawings) , Landlord shall be promptly borne specify its requested revisions to the Working Drawings and paid by Tenant upon demand by Landlord. If Tenant's instructions necessitate revisions that are required for shall make such requested changes and then resubmit the Working Drawings to conform Landlord in accordance with the provisions of the previous sentence. Concurrently with the above review and approval process, Landlord may, in its sole discretion, submit all plans and specifications to the Space Planning DocumentsCity or County, as appropriate, and other applicable governmental agencies in an attempt to expedite governmental approval and finance of all necessary permits and licenses to construct the costs incurred for such revisions shall be borne by LandlordTenant Improvements as shown on the Working Drawings. (c) If Tenant fails Any changes to approve the Working Drawings which are required by the City, the County or the required Working Drawings within the applicable periods set forth in subparagraph 3(b) above, then (A) Landlord shall not be obligated to commence construction of the Tenant Improvements until such approval is given (and all other permits and approvals have been obtained), (B) Tenant governmental entity shall be responsible for any resulting delay, immediately submitted by Landlord to Tenant and the cost of such delay, in LandlordTenant's completion of the Tenant Improvements, and (C) Architect shall promptly make any such delay shall be deemed a Tenant Delay (as defined below). (d)required changes to the Working Drawings.

Approval of Working Drawings. Within seven (a7) business days after the initial proposed Working Drawings are delivered to Tenant, Tenant shall approve or disapprove same in writing and if disapproved, Tenant shall provide the Architect specific reasons for disapproval; provided that Tenant shall respond within five (5) business days after receipt of any revised Working Drawings. The foregoing process shall continue until the Working Drawings are approved by Landlord and Tenant; provided that if Tenant acknowledge fails to respond in the initial seven (7) business day period or any subsequent five (5) business day period, Tenant shall be deemed to have approved the last submitted Working Drawings. For purposes of approval of any items required by this Work Letter, the item will be considered delivered to Landlord or Tenant upon delivery to any of the individuals listed on EXHIBIT M for Tenant, Landlord or the Architects, respectively. All deliveries required under this Work Letter shall be deemed delivered when sent by any method of delivery (including email and facsimile) for which receipt is either confirmed by the applicable party or by the delivery service (including electronic verification if confirmed by telephone contact with the recipients). Landlord is solely responsible for determining that the Working Drawings comply with all applicable building, fire, plumbing, electrical, health, and sanitary codes, regulations, laws, ordinances, rules and regulations of any applicable governmental authority. In order to expedite the construction schedule, Landlord may submit Working Drawings to Tenant separately for the Warehouse Premises, the computer room, the Office Premises, the Shipping Premises and the Maintenance Area and for any other areas for which separate Working Drawings are prepared by Architect. Each set of Working Drawings shall be subject to the foregoing procedure for the review and approval of same. Landlord shall retain Habitec as architect ("Landlord's Architect") to prepare be responsible for verification that all architectural plans and specifications and shall retain engineers to prepare such separate Working Drawings together represent all engineering plans and specifications required for the construction of the Tenant Improvements in conformance with the base building and tenant improvement standard specifications of the Building (the "Working Drawings"), which Working Drawings shall be delivered to Tenant no later than September 15, 1998, and to prepare drawings and specifications for Changes (as defined below), if any, requested or required pursuant to paragraph 5 below. (b) Landlord shall submit the completed Working Drawings to Tenant for contemplated by Tenant's approval. Tenant will provide written approval of the Working Drawings within five business days after such submission. If Tenant disapproves any part of the submission, the disapproval shall include written instructions adequate for Landlord's architect and engineers to revise the Working Drawings. Such revisions shall be subject to Landlord's approval, which shall not be unreasonably withheld. Tenant will finally approve the revised Working Drawings within three business days after submission thereof to Tenant. If Tenant's instructions necessitate (i) revisions to the Working Drawings (as originally submitted) which do not conform with the Space Planning Documents, or (ii) a change of scope relative to the Space Planning Documents, the costs incurred by Landlord as a result of such instructions (including, without limitation, the cost of revising the Working Drawings) shall be promptly borne and paid by Tenant upon demand by Landlord. If Tenant's instructions necessitate revisions that are required for the Working Drawings to conform to the Space Planning Documents, the costs incurred for such revisions shall be borne by Landlord. (c) If Tenant fails to approve the Working Drawings or the required Working Drawings within the applicable periods set forth in subparagraph 3(b) above, then (A) Landlord shall not be obligated to commence construction of the Tenant Improvements until such approval is given (and all other permits and approvals have been obtained), (B) Tenant shall be responsible for any resulting delay, and the cost of such delay, in Landlord's completion of the Tenant Improvements, and (C) any such delay shall be deemed a Tenant Delay (as defined below). (d)Plan.