Common use of Construction of Demised Premises Clause in Contracts

Construction of Demised Premises. (a) Landlord will submit to Tenant, within ten (10) calendar days execution of this Lease, a proposed floor plan for the interior of the Demised Premises. If Tenant does not approve the proposed floor plan within ten (10) calendar days after receipt of the proposed plan or after the Lease Date, whichever is later, each day that elapses after such tenth (10th) calendar day, until the approval is given by Tenant, will constitute a day of Tenant Delay. Within ten (10) days after the date on which Landlord receives written approval from Tenant for such floor plan for the interior of the Demised Premises, Landlord shall prepare, at Landlord's sole cost and expense (provided that all such costs incurred and payable by Landlord to third parties shall be chargeable against the Maximum Construction Allowance), and submit to Tenant a set of plans and specifications and/or construction drawings (collectively, the "Plans and Specifications") based on the preliminary plans and specifications and/or preliminary floor plans set forth on Exhibit C attached hereto and incorporated --------- herein, covering all work to be performed by Landlord in constructing the interior improvements for the Demised Premises. Tenant shall have five (5) business days to approve the Plans and Specifications. A failure of any proposed plans or specifications to conform to Exhibit C shall be a proper basis for --------- disapproval. In the process of reviewing and approving the proposed Plans and Specifications, Tenant shall not have the right to request any material change in scope of the work after final approval of the Plans and Specifications by Tenant, any subsequent changes thereto requested by Tenant shall be at Tenant's sole cost and expense and subject to Landlord's written approval, which shall not be unreasonably withheld, delayed or conditioned Landlord will, promptly after receipt of the written approval of the Plans and Specifications by Tenant, submit to the Village of Bolingbrook, such applications as may be necessary to obtain all permits (collectively, the "Permits") required for the work contemplated by the Plans and Specifications (which will include the Allowance Work). Landlord will diligently pursue issue of the Permits.

Appears in 1 contract

Samples: Industrial Lease Agreement (Mohawk Industries Inc)

AutoNDA by SimpleDocs

Construction of Demised Premises. (a) Landlord will submit to Tenant, within ten Within thirty (1030) calendar days execution of this Lease, a proposed floor plan for the interior of the Demised Premises. If Tenant does not approve the proposed floor plan within ten (10) calendar days after receipt of the proposed plan or after the Lease Date, whichever is later, each day that elapses after such tenth (10th) calendar day, until the approval is given by Tenant, will constitute a day of Tenant Delay. Within ten (10) days after the date on which Landlord receives written approval from Tenant for such floor plan for the interior of the Demised Premises, Landlord shall prepare, at Landlord's sole cost and expense (provided that all such costs incurred and payable by Landlord to third parties shall be chargeable against the Maximum Construction Allowance)expense, and submit to Tenant a set of plans and specifications and/or construction drawings (collectively, the "Plans and Specifications") based on the preliminary plans and specifications and/or preliminary floor plans set forth on Exhibit C B attached hereto and incorporated --------- herein, covering all work to be performed by Landlord in constructing the interior improvements for the Demised PremisesImprovements (as defined in Section 8(a)(ii)). Tenant shall have five (5) business days after receipt of the plans and specifications in which to approve review and to give to Landlord written notice of its approval of the plans and specifications or its requested changes to the Plans and Specifications. A failure of any proposed plans or specifications to conform to Exhibit C shall be a proper basis for --------- disapproval. In the process of reviewing and approving the proposed Plans and Specifications, Tenant shall not have the no right to request any material change in scope changes to the plans and specifications which would materially alter either the Demised Premises or the exterior appearance or basic nature of the work after final approval of Building, as the same are contemplated by the preliminary Plans. If Tenant fails to approve or request changes to the Plans and Specifications by five (5) business days after its receipt thereof, then Tenant shall be deemed to have approved the Plans and Specifications and the same shall thereupon be final. If Tenant requests any changes to the Plans and Specifications, Landlord shall make those changes which are reasonably requested by Tenant and shall within ten (10) days of its receipt of such request submit the revised portion of the Plans and specifications to Tenant. Tenant may not thereafter disapprove the revised portions of the Plans and specifications unless Landlord has unreasonably failed to incorporate reasonable comments of Tenant and, subject to the foregoing, the Plans and specifications, as modified by said revisions, shall be deemed to be final upon the submission of said revisions to Tenant. Tenant shall at all times in its review of the plans and specifications, and of any revisions thereto, act reasonably and in good faith. After Tenant has approved the Plans and Specifications or the Plans and Specifications have otherwise been finalized pursuant to the procedures set forth hereinabove, any subsequent changes thereto to the Plans and Specifications requested by Tenant shall be at Tenant's sole cost and expense and subject to Landlord's written approval, which approval shall not be unreasonably withheld, delayed conditioned or conditioned Landlord will, promptly delayed. If after receipt of the written approval of the Plans and Specifications by Tenant, submit specifications have been finalized pursuant to the Village of Bolingbrook, such applications as may be necessary procedures set forth hereinabove Tenant requests any further changes to obtain all permits (collectively, the "Permits") required for the work contemplated by the Plans and Specifications specifications and, as a result thereof, Substantial Completion (which will include the Allowance Work). Landlord will diligently pursue issue as hereinafter defined) of the PermitsImprovements is delayed, then for purposes of establishing the Lease Commencement Date and any other date tied to the date of Substantial Completion, Substantial Completion shall be deemed to mean the date when Substantial Completion would have been achieved but for such Tenant delay.

Appears in 1 contract

Samples: Industrial Lease Agreement (D & K Healthcare Resources Inc)

Construction of Demised Premises. (a) Landlord will submit to Tenant, within ten Within thirty (1030) calendar days execution of this Lease, a proposed floor plan for the interior of the Demised Premises. If Tenant does not approve the proposed floor plan within ten (10) calendar days after receipt of the proposed plan or after following the Lease Date, whichever is later, each day that elapses after such tenth (10th) calendar day, until the approval is given by Tenant, will constitute a day of Tenant Delay. Within ten (10) days after the date on which Landlord receives written approval from Tenant for such floor plan for the interior of the Demised Premises, Landlord shall prepare, at Landlord's sole cost and expense (provided that all such costs incurred and payable by Landlord to third parties shall be chargeable against the Maximum Construction Allowance)expense, and submit to Tenant a set of plans and specifications and/or construction drawings (collectively, the "Plans and Specifications") based on the preliminary plans and specifications and/or preliminary floor plans set forth on Exhibit C attached hereto and incorporated --------- herein, covering all work to be performed by Landlord in constructing the interior improvements for Improvements (as defined in Section 8(a)(ii)), which Plans and Specifications shall be based on the Demised Premisespreliminary plans and specifications set forth on Exhibit B attached hereto and incorporated herein, including, without limitation, Tenant's operational plan (the "Operational Plan") incorporated therein by reference (collectively, the "Performance Specifications"), it being agreed by Landlord and Tenant that, unless specifically noted on a separate summary sheet attached to the final Plans and Specifications and agreed to and initialed by authorized employees or agents of Landlord and Tenant, in the event of any conflict between the Plans and Specifications and such Performance Specifications, the latter shall control. Tenant shall have five (5) business days after receipt of the plans and specifications in which to approve review and to give to Landlord written notice of its approval of the plans and specifications or its requested changes to the Plans and Specifications. A failure of any proposed plans or specifications to conform to Exhibit C shall be a proper basis for --------- disapproval. In the process of reviewing and approving the proposed Plans and Specifications, Tenant shall not have the no right to request any material change in scope changes to the plans and specifications which would materially alter the exterior appearance or basic nature of the work after final approval Building, as the same exist as of the Lease Date or are otherwise contemplated by the Performance Specifications. If Tenant fails to approve or request changes to the Plans and Specifications by five (5) business days after its receipt thereof, then Tenant shall be deemed to have approved the Plans and Specifications and the same shall thereupon be final. If Tenant requests any changes to the Plans and Specifications, Landlord shall make those changes which are reasonably requested by Tenant and shall within ten (10) days of its receipt of such request submit the revised portion of the Plans and specifications to Tenant. Tenant may not thereafter disapprove the revised portions of the Plans and specifications unless Landlord has unreasonably failed to incorporate reasonable comments of Tenant and, subject to the foregoing, the Plans and specifications, as modified by said revisions, shall be deemed to be final upon the submission of said revisions to Tenant. Tenant acknowledges that the Improvements are being constructed on a "fast track" basis and that Landlord shall have the right and option to submit various parts of the proposed Plans and Specifications from time to time during the aforesaid thirty (30) day period and the time period for approval of any part of the proposed plans and specifications shall commence upon receipt of each submission. Tenant shall at all times in its review of the plans and specifications, and of any revisions thereto, act reasonably and in good faith. Tenant's approval of the final Plans and Specifications shall not constitute an opinion or agreement by Tenant that the Demised Premises will be structurally sufficient or that the final Plans and Specifications comply with applicable building codes and laws. After Tenant has approved the Plans and Specifications or the Plans and Specifications have otherwise been finalized pursuant to the procedures set forth hereinabove, any subsequent changes thereto to the Plans and Specifications requested by Tenant shall be at Tenant's sole cost and expense and subject to Landlord's written approval, which approval shall not be unreasonably withheld, delayed conditioned or conditioned Landlord willdelayed. If, promptly after receipt of the written approval of the Plans and Specifications by Tenant, submit specifications have been finalized pursuant to the Village of Bolingbrookprocedures set forth hereinabove, such applications as may be necessary Tenant requests any further changes to obtain all permits (collectively, the "Permits") required for the work contemplated by the Plans and Specifications (which will include the Allowance Work). Landlord will diligently pursue issue specifications and, as a result thereof, completion of construction of the PermitsImprovements is delayed solely due to Tenant's changes (and Landlord gives Tenant reasonable evidence of the date that substantial completion of the Improvements would have occurred but for delays caused by Tenant's changes), the Term shall nevertheless begin, and Tenant's obligation to pay Base Rent hereunder shall nevertheless begin, on the Lease Commencement Date and the Base Rent Commencement Date, respectively, that would have occurred hereunder but for such Tenant changes.

Appears in 1 contract

Samples: Industrial Lease Agreement (Barnesandnoble Com Inc)

Construction of Demised Premises. (a) Landlord will submit to Tenant, within ten Within thirty (1030) calendar days execution of this Lease, a proposed floor plan for the interior of the Demised Premises. If Tenant does not approve the proposed floor plan within ten (10) calendar days after receipt of the proposed plan or after the Lease Date, whichever is later, each day that elapses after such tenth (10th) calendar day, until the approval is given by Tenant, will constitute a day of Tenant Delay. Within ten (10) days after the date on which Landlord receives written approval from Tenant for such floor plan for the interior of the Demised Premises, Landlord shall prepare, at Landlord's ’s sole cost and expense (provided that all such costs incurred and payable by Landlord to third parties shall be chargeable against the Maximum Construction Allowance)expense, and submit to Tenant a set of plans and specifications and/or construction drawings (collectively, the "Plans and Specifications") based on the preliminary plans and specifications and/or preliminary floor plans set forth on Exhibit C B attached hereto and incorporated --------- hereinherein (collectively, the “Preliminary Plans”), covering all work to be performed by Landlord in constructing the interior improvements for the Demised PremisesImprovements (as defined in Section 8(a)(ii)). Tenant shall have five fifteen (515) business days to approve after receipt of the Plans and Specifications. A failure Specifications in which to review and to give to Landlord written notice of any proposed plans or specifications to conform to Exhibit C shall be a proper basis for --------- disapproval. In the process of reviewing and approving the proposed Plans and Specifications, Tenant shall not have the right to request any material change in scope of the work after final its approval of the Plans and Specifications or its requested changes to the Plans and Specifications (and Landlord must expressly notify Tenant upon delivery to Tenant of such Plans and Specifications, or any change thereto, that Tenant must approve or reject the same within fifteen (15) days or they will be deemed approved). Tenant shall have no right to request any changes to the Plans and Specifications which would materially alter either the Demised Premises or the exterior appearance or basic nature of the Building, as the same are contemplated by the Preliminary Plans. If Tenant fails to approve or request changes to the Plans and Specifications by fifteen (15) days after its receipt thereof, then Tenant shall be deemed to have approved the Plans and Specifications and the same shall thereupon be final. If Tenant requests any changes to the Plans and Specifications, Landlord shall make those changes which are reasonably requested by Tenant and shall within ten (10) days of its receipt of such request submit the revised portion of the Plans and Specifications to Tenant. Provided that Landlord delivers the plans back to Tenant with the necessary changes made to the satisfaction of the Tenant, then Tenant may not thereafter disapprove the revised portions of the Plans and Specifications unless Landlord has unreasonably failed to incorporate reasonable comments of Tenant and, subject to the foregoing, the Plans and Specifications, as modified by said revisions, shall be deemed to be final upon the submission of said revisions to Tenant. Landlord and Tenant shall at all times in their review of the Plans and Specifications, and of any revisions thereto, act reasonably and in good faith. Tenant acknowledges that the Improvements are being constructed on a “fast track” basis and that Landlord shall have the right and option to submit various parts of the proposed Plans and Specifications from time to time during said thirty (30) day period and the time period for approval of any part of the proposed Plans and Specifications shall commence upon receipt of each submission. After Tenant has approved the Plans and Specifications or the Plans and Specifications have otherwise been finalized pursuant to the procedures set forth hereinabove, any subsequent changes thereto to the Plans and Specifications requested by Tenant (herein referred to as a “Change Order”) shall be at Tenant's ’s sole cost and expense and subject to Landlord's ’s written approval, which approval shall not be unreasonably withheld, delayed conditioned or conditioned delayed. In the event Landlord willapproves any such requested Change Order, promptly Landlord shall give written notice thereof to Tenant, which notice will specify the Change Order approved by Landlord as well as the estimated incremental cost thereof. The cost to Tenant for Change Orders shall be Landlord’s incremental cost plus seven percent (7%) of such incremental amount as Landlord’s overhead. Tenant acknowledges and agrees that Landlord shall be under no obligation to proceed with any work related to the approved Change Order unless and until Tenant delivers to Landlord an amount equal to the full estimated incremental cost of such approved Change Order as set forth in Landlord’s notice. When the final incremental cost of any such Change Order has been determined and incurred, Landlord and Tenant each agree to pay or refund the amounts owed to the other with respect to such Change Order, based on the estimated payment made to Landlord. If after receipt of the written approval of the Plans and Specifications by Tenant, submit have been finalized pursuant to the Village of Bolingbrook, such applications as may be necessary procedures set forth hereinabove Tenant requests a Change Order or any further changes to obtain all permits (collectively, the "Permits") required for the work contemplated by the Plans and Specifications and, as a result thereof, Substantial Completion (which will include the Allowance Work). Landlord will diligently pursue issue as hereinafter defined) of the PermitsImprovements is delayed, then for purposes of establishing the Lease Commencement Date and any other date tied to the date of Substantial Completion, Substantial Completion shall be deemed to mean the date when Substantial Completion would have been achieved but for such Tenant delay.

Appears in 1 contract

Samples: Industrial Lease Agreement (Scansource Inc)

Construction of Demised Premises. (a) Landlord will submit to Tenant, within ten Within thirty (1030) calendar days execution of this Lease, a proposed floor plan for the interior of the Demised Premises. If Tenant does not approve the proposed floor plan within ten (10) calendar days after receipt of the proposed plan or after the Lease Date, whichever is later, each day that elapses after such tenth (10th) calendar day, until the approval is given by Tenant, will constitute a day of Tenant Delay. Within ten (10) days after the date on which Landlord receives written approval from Tenant for such floor plan for the interior of the Demised Premises, Landlord shall prepare, at Landlord's ’s sole cost and expense (provided that all such costs incurred and payable by Landlord to third parties shall be chargeable against the Maximum Construction Allowance)expense, and submit to Tenant Tenant, for Tenant’s approval, a set of plans and specifications and/or construction drawings (collectively, the "Plans and Specifications") based on the preliminary plans and specifications and/or preliminary floor plans set forth on Exhibit C B attached hereto and incorporated --------- herein, covering all work to be performed by Landlord in constructing the interior improvements for Improvements in the Demised PremisesPremises (all such Improvements to be so constructed by Landlord being referred to as the “Landlord Improvements”. The portion of the Landlord Improvements to be located in Phase 1, and described as “Phase I Improvements” on Exhibit B are referred to herein as the “Phase I Improvements”. The portion of the Landlord Improvements to be located in the Expansion Space and referred to as “Phase II” on Exhibit B are referred to as the “Expansion Improvements”. Tenant shall have five (5) business days no right to request any changes to the Plans and Specifications which would materially alter either the Demised Premises or the exterior appearance or basic nature of the Building, as the same are contemplated by the Preliminary Plans. If Tenant fails to approve or request changes to the Plans and Specifications by ten (10) days after its receipt thereof, then Tenant shall be deemed to have approved the Plans and Specifications and the same shall thereupon be final. If Tenant requests any changes to the Plans and Specifications. A failure , Landlord shall make those changes which are reasonably requested by Tenant and shall by ten (10) days of any proposed plans or specifications to conform to Exhibit C shall be a proper basis for --------- disapproval. In its receipt of such request submit the process of reviewing and approving the proposed Plans and Specifications, Tenant shall not have the right to request any material change in scope of the work after final approval revised portion of the Plans and Specifications to Tenant. Tenant may not thereafter disapprove the revised portions of the Plans and Specifications unless Landlord has unreasonably failed to incorporate reasonable comments of Tenant and, subject to the foregoing, the Plans and Specifications, as modified by said revisions, shall be deemed to be final upon the submission of said revisions to Tenant. Landlord and Tenant shall at all times in their respective preparation or review of the Plans and Specifications, and of any revisions thereto, act reasonably and in good faith. After Tenant has approved the Plans and Specifications or the Plans and Specifications have otherwise been finalized pursuant to the procedures set forth hereinabove, any subsequent changes thereto to the Plans and Specifications requested by Tenant (herein referred to as a "Change Order") shall be at Tenant's sole cost and expense and subject to Landlord's written approval, which approval shall not be unreasonably withheld, delayed conditioned or conditioned delayed. In the event Landlord willapproves any such requested Change Order, promptly Landlord shall give written notice thereof to Tenant, which notice will specify the Change Order approved by Landlord as well as the estimated incremental cost thereof. The cost to Tenant for Change Orders shall be Landlord's incremental cost plus ten percent (10%) of such amount as Landlord's overhead. Tenant acknowledges and agrees that Landlord shall be under no obligation to proceed with any work related to the approved Change Order unless and until Tenant delivers to Landlord an amount equal to the full estimated incremental cost of such approved Change Order as reasonably determined by Landlord and which shall be set forth in Landlord’s notice. When the final incremental cost of any such Change Order has been determined and incurred, Landlord and Tenant each agree to pay or refund the amounts owed to the other with respect to such Change Order, based on the estimated payment made to Landlord. If after receipt of the written approval of the Plans and Specifications by Tenant, submit have been finalized pursuant to the Village of Bolingbrook, such applications as may be necessary procedures set forth hereinabove Tenant requests a Change Order or any further changes to obtain all permits (collectively, the "Permits") required for the work contemplated by the Plans and Specifications and, as a result thereof, Substantial Completion (which will include the Allowance Work). Landlord will diligently pursue issue as hereinafter defined) of the PermitsPhase 1 Improvements is delayed, then for purposes of establishing the Lease Commencement Date and any other date tied to the date of Substantial Completion, Substantial Completion shall be deemed to mean the date when Substantial Completion would have been achieved but for such Tenant delay.

Appears in 1 contract

Samples: Industrial Lease Agreement (Pfsweb Inc)

Construction of Demised Premises. (a) Landlord will submit to Tenant, within ten Within thirty (1030) calendar days execution of this Lease, a proposed floor plan for the interior of the Demised Premises. If Tenant does not approve the proposed floor plan within ten (10) calendar days after receipt of the proposed plan or after the Lease Date, whichever is later, each day that elapses after such tenth (10th) calendar day, until the approval is given by Tenant, will constitute a day of Tenant Delay. Within ten (10) days after the date on which Landlord receives written approval from Tenant for such floor plan for the interior of the Demised Premises, Landlord shall prepare, at Landlord's sole cost and expense (provided that all such costs incurred and payable by Landlord to third parties shall be chargeable against the Maximum Construction Allowance)expense, and submit to Tenant a set of plans and specifications and/or construction drawings (collectively, the "Plans and Specifications") based on the preliminary plans and specifications and/or preliminary floor plans set forth on Exhibit C B attached hereto and incorporated --------- herein, covering all work to be performed by Landlord in constructing the interior improvements Improvements (as defined in Section 8(a)(ii)), together with Landlord's reasonable estimate of the cost to construct the Allowance Improvements (as defined in Special Stipulation 3 of Exhibit C to this Lease); provided, however, that Tenant acknowledges that such estimate of the cost to construct the Allowance Improvements will be only an estimate, and shall have no affect on any obligation Tenant may have under said Special Stipulation 3 to reimburse Landlord for the Demised Premisescost to construct the Allowance Improvements to the extent such cost exceeds the Tenant Allowance (as defined in said Special Stipulation 3). Tenant shall have five ten (510) business days to approve after receipt of the Plans and Specifications. A failure Specifications in which to review and to give to Landlord written notice of any proposed plans or specifications to conform to Exhibit C shall be a proper basis for --------- disapproval. In the process of reviewing and approving the proposed Plans and Specifications, Tenant shall not have the right to request any material change in scope of the work after final its approval of the Plans and Specifications or its requested changes to the Plans and Specifications. Tenant shall have no right to request any changes to the Plans and Specifications which would materially alter either the Demised Premises or the exterior appearance or basic nature of the Building, as the same are contemplated by the Preliminary Plans. Landlord agrees to reasonably cooperate with Tenant during such ten (10) day period to value engineer the Plans and Specifications. If Tenant fails to approve or request changes to the Plans and Specifications by ten (10) days after its receipt thereof, then Tenant shall be deemed to have approved the Plans and Specifications and the same shall thereupon be final. If Tenant requests any changes to the Plans and Specifications, Landlord shall make those changes which are reasonably requested by Tenant and shall within ten (10) days of its receipt of such request submit the revised portion of the Plans and Specifications to Tenant. Tenant may not thereafter disapprove the revised portions of the Plans and Specifications unless Landlord has unreasonably failed to incorporate reasonable comments of Tenant and, subject to the foregoing, the Plans and Specifications, as modified by said revisions, shall be deemed to be final upon the submission of said revisions to Tenant. Tenant acknowledges that Landlord shall have the right and option to submit various parts of the proposed Plans and Specifications from time to time during the aforesaid thirty (30) day period and the time period for approval of any part of the proposed Plans and Specifications shall commence upon receipt of each submission provided that Landlord gives Tenant written notice that Tenant's approval is required in connection with such submitted part. Tenant shall at all times in its review of the Plans and Specifications, and of any revisions thereto, act reasonably and in good faith. After Tenant has approved the Plans and Specifications or the Plans and Specifications have otherwise been finalized pursuant to the procedures set forth hereinabove, any subsequent changes thereto to the Plans and Specifications requested by Tenant shall be at Tenant's sole cost and expense and subject to Landlord's written approval, which approval shall not be unreasonably withheld, delayed conditioned or conditioned Landlord will, promptly delayed. If after receipt of the written approval of the Plans and Specifications by Tenant, submit have been finalized pursuant to the Village of Bolingbrook, such applications as may be necessary procedures set forth hereinabove Tenant requests any further changes to obtain all permits (collectively, the "Permits") required for the work contemplated by the Plans and Specifications and, as a result thereof, Substantial Completion (which will include the Allowance Work). Landlord will diligently pursue issue as hereinafter defined) of the PermitsImprovements is delayed, then for purposes of establishing the Lease Commencement Date, Substantial Completion shall be deemed to mean the date when Substantial Completion would have been achieved but for such Tenant delay.

Appears in 1 contract

Samples: Industrial Lease Agreement (Cmgi Inc)

Construction of Demised Premises. (a) Landlord will submit to Tenantshall, within ten (10) calendar days execution of this Leaseat Landlord's sole cost and expense, a proposed floor plan for construct the interior shell of the Demised PremisesBuilding in accordance with the specifications set forth on EXHIBIT B attached hereto. If Tenant does not approve the proposed floor plan within ten (10) calendar days after receipt of the proposed plan or Promptly after the Lease Date, whichever is laterLandlord and Tenant shall meet to discuss the terms of preliminary space plans for the Demised Premises (the "Preliminary Space Plans") and, each day that elapses after such tenth within twenty one (10th21) calendar daydays from the Lease Date, until Landlord and Tenant shall agree upon the approval is given by Tenant, will constitute a day of Tenant DelayPreliminary Space Plans. Within ten thirty (1030) days after the date on which Preliminary Space Plans are agreed upon by Landlord receives written approval from Tenant for such floor plan for the interior of the Demised Premisesand Tenant, Landlord shall prepare, at Landlord's sole cost and expense (provided that all such costs incurred and payable by Landlord to third parties shall be chargeable against the Maximum Construction Allowance)expense, and submit to Tenant a set of plans and specifications and/or construction drawings (collectively, the "Plans and Specifications") based on the preliminary plans and specifications and/or preliminary floor plans set forth on Exhibit C attached hereto and incorporated --------- hereinPreliminary Space Plans, covering all work to be performed by Landlord in constructing the interior improvements Improvements (as defined in Section 8(a)(ii)) which will also incorporate Tenant provided work necessary for permitting in the Demised PremisesCity of Weston (i.e. racking, conveying, power etc.). Tenant shall have five (5) business days after receipt of the plans and specifications in which to approve review and to give to Landlord written notice of its approval of the plans and specifications or its requested changes to the Plans and Specifications. A failure of any proposed plans or specifications to conform to Exhibit C shall be a proper basis for --------- disapproval. In the process of reviewing and approving the proposed Plans and Specifications, Tenant shall not have the no right to request any material change in scope changes to the plans and specifications which would materially alter either the Demised Premises or the exterior appearance or basic nature of the work after final approval of Building, as the same are contemplated by the preliminary Space Plans. If Tenant fails to approve or request changes to the Plans and Specifications by five (5) business days after its receipt thereof, then Tenant shall be deemed to have approved the Plans and Specifications and the same shall thereupon be final (subject to the following paragraph). If Tenant requests any changes to the Plans and Specifications, Landlord shall make those changes which are reasonably requested by Tenant and shall within ten (10) days of its receipt of such request submit the revised portion of the Plans and specifications to Tenant. Tenant may not thereafter disapprove the revised portions of the Plans and specifications unless Landlord has unreasonably failed to incorporate reasonable comments of Tenant and, subject to the foregoing and subject to the following paragraph, the Plans and specifications, as modified by said revisions, shall be deemed to be final upon the submission of said revisions to Tenant. Landlord shall retain Current Construction Company as its general contractor for the Improvements. Within five (5) business days following receipt of the final approved Plans and Specifications for the Demised Premises, Landlord shall submit the major subcontracted portions of the final approved Plans and Specifications for competitive bid to at least three (3) subcontractors. Within five (5) business days after the opening of the bids, Landlord shall submit to Tenant a proposed construction budget for the Improvements (the "Construction Budget"), delineating the cost of the Improvements and any excess thereof over the Tenant Allowance (as defined in Special Stipulation 12). Landlord will make every reasonable effort to obtain the best possible pricing in connection with the construction of the Improvements. If the Construction Budget does not exceed the amount of the Tenant Allowance, then Tenant shall acknowledge and approve the Construction Budget simultaneously with Landlord's submission of the Construction Budget to Tenant. If the Construction Budget exceeds the amount of the Tenant Allowance, then, within five (5) business days from submission of the Construction Budget by Landlord, Tenant shall either approve the Construction Budget as submitted or provide Landlord with modifications to the Plans and Specifications to reduce the Construction Budget. If Tenant fails to approve the Construction Budget or submit modifications to the Plans and Specifications within such five (5) business day period, then the Construction Budget shall be deemed approved as submitted. If Tenant timely submits modifications to the Plans and Specifications pursuant to the preceding sentence, Landlord shall, within seven (7) business days, review and approve the modified Plans and Specifications (and submit a revised Construction Budget), or disapprove the modified Plans and Specifications (and give Tenant its reasons for disapproval). If the revised Construction Budget does not exceed the amount of the Tenant Allowance, then Tenant shall acknowledge and approve the revised Construction Budget simultaneously with Landlord's submission of the Construction Budget to Tenant. If the revised Construction Budget exceeds the amount of the Tenant Allowance and Tenant elects to make further changes to the Plans and Specifications, the time required to make such changes shall be a Tenant delay and the Term and Tenant's obligation to pay Base Rent hereunder shall nevertheless begin on the date Landlord would have achieved substantial completion, but for such Tenant's delay. Tenant shall at all times in its review of the plans and specifications, and of any revisions thereto, act reasonably and in good faith. After Tenant has approved the Plans and Specifications or the Plans and Specifications have otherwise been finalized pursuant to the procedures set forth hereinabove, any subsequent changes thereto to the Plans and Specifications requested by Tenant shall be at Tenant's sole cost and expense and subject to Landlord's written approval, which approval shall not be unreasonably withheld, delayed conditioned or conditioned Landlord will, promptly delayed. If after receipt of the written approval of the Plans and Specifications by Tenant, submit specifications have been finalized pursuant to the Village of Bolingbrook, such applications as may be necessary procedures set forth hereinabove Tenant requests any further changes to obtain all permits (collectively, the "Permits") required for the work contemplated by the Plans and Specifications specifications, the time required to make such changes shall be a Tenant delay and, the Term and Tenant's obligation to pay Base Rent hereunder shall nevertheless begin on the date Landlord would have achieved substantial completion, but for such Tenant's delay. Additionally, within twenty one (which will include 21) days after the Allowance Work)Lease Date, Tenant shall prepare and submit to Landlord Tenant's furniture, fixture and equipment plans (including, but not limited to, plans for racking and conveyor/material handling systems) (the "FFE Plans") in form and detail necessary to enable Landlord to obtain its permits and licenses to construct the Demised Premises. Any delay in delivery to Landlord will diligently pursue issue of the PermitsFFE Plans, or changes to the FFE Plans, which delays Landlord in obtaining its permits and licenses to construct the Demised Premises, shall be deemed a Tenant delay and the Term and Tenant's obligation to pay Base Rent hereunder shall nevertheless begin on the date Landlord would have achieved substantial completion, but for such Tenant's delay.

Appears in 1 contract

Samples: Industrial Lease Agreement (Andrx Corp)

Construction of Demised Premises. (a) Landlord will submit to Tenant, within ten Within thirty (10) calendar days execution of this Lease, a proposed floor plan for the interior of the Demised Premises. If Tenant does not approve the proposed floor plan within ten (10) calendar days after receipt of the proposed plan or after the Lease Date, whichever is later, each day that elapses after such tenth (10th) calendar day, until the approval is given by Tenant, will constitute a day of Tenant Delay. Within ten (1030) days after the date on which Landlord receives written approval from Tenant for such floor plan for the interior of the Demised PremisesEffective Lease Date, Landlord shall prepare, at Landlord's sole cost and expense (provided that all such costs incurred and payable by Landlord to third parties shall be chargeable against the Maximum Construction Allowance)expense, and submit to Tenant a set of plans and specifications and/or construction drawings (collectively, the "Plans and Specifications") based on the preliminary plans and specifications and/or preliminary floor plans set forth on Exhibit C B attached hereto and incorporated --------- herein, covering all work to be performed by Landlord in constructing the interior improvements for the Demised PremisesImprovements (as defined in Section 8(a)(ii)). Tenant shall have five ten (510) business days after receipt of the plans and specifications in which to approve review and to give to Landlord written notice of its approval of the plans and specifications or its requested changes to the Plans and Specifications. A failure of any proposed plans or specifications to conform to Exhibit C shall be a proper basis for --------- disapproval. In the process of reviewing and approving the proposed Plans and Specifications, Tenant shall not have the no right to request any material change in scope changes to the plans and specifications which would materially alter either the Demised Premises or the exterior appearance or basic nature of the work after final approval of Building, as the same are contemplated by the preliminary Plans. If Tenant fails to approve or request changes to the Plans and Specifications by ten (10) days after its receipt thereof, then Tenant shall be deemed to have approved the Plans and Specifications and the same shall thereupon be final. If Tenant requests any changes to the Plans and Specifications, Landlord shall make those changes which are reasonably requested by Tenant and shall within ten (10) days of its receipt of such request submit the revised portion of the Plans and specifications to Tenant. Tenant may not thereafter disapprove the revised portions of the Plans and specifications unless Landlord has unreasonably failed to incorporate reasonable comments of Tenant and, subject to the foregoing, the Plans and specifications, as modified by said revisions, shall be deemed to be final upon the submission of said revisions to Tenant. Landlord and Tenant shall at all times in their respective preparation or review of the plans and specifications, and of any revisions thereto, act reasonably and in good faith. Tenant acknowledges that the Improvements are being constructed on a "fast track" basis and that Landlord shall have the right and option to submit various parts of the proposed Plans and Specifications from time to time during said thirty (30) day period and the time period for approval of any part of the proposed plans and specifications shall commence upon receipt of each submission. After Tenant has approved the Plans and Specifications or the Plans and Specifications have otherwise been finalized pursuant to the procedures set forth hereinabove, any subsequent changes thereto to the Plans and Specifications requested by Tenant (herein referred to as a "Change Order") shall be at Tenant's sole cost and expense and subject to Landlord's written approval, which approval shall not be unreasonably withheld, delayed conditioned or conditioned delayed. In the event Landlord willapproves any such requested Change Order, promptly Landlord shall give written notice thereof to Tenant, which notice will specify the Change Order approved by Landlord as well as the estimated incremental cost thereof. The cost to Tenant for Change Orders shall be Landlord's incremental cost plus fifteen percent (15%) of such amount as Landlord's overhead. Tenant acknowledges and agrees that Landlord shall be under no obligation to proceed with any work related to the approved Change Order unless and until Tenant delivers to Landlord an amount equal to the full estimated incremental cost of such approved Change Order as set forth in Landlord's notice. When the final incremental cost of any such Change Order has been determined and incurred, Landlord and Tenant each agree to pay or refund the amounts owed to the other with respect to such Change Order, based on the estimated payment made to Landlord. If after receipt of the written approval of the Plans and Specifications by Tenant, submit specifications have been finalized pursuant to the Village of Bolingbrook, such applications as may be necessary procedures set forth hereinabove Tenant requests a Change Order or any further changes to obtain all permits (collectively, the "Permits") required for the work contemplated by the Plans and Specifications specifications and, as a result thereof, Substantial Completion (which will include the Allowance Work). Landlord will diligently pursue issue as hereinafter defined) of the PermitsImprovements is delayed, then for purposes of establishing the Lease Commencement Date and any other date tied to the date of Substantial Completion, Substantial Completion shall be deemed to mean the date when Substantial Completion would have been achieved but for such Tenant delay.

Appears in 1 contract

Samples: Industrial Lease Agreement (Pfsweb Inc)

Construction of Demised Premises. (a) Landlord will submit to Tenant, within ten (10) calendar days execution of this Lease, a proposed floor plan Tenant shall be responsible for constructing the interior of improvements within the Demised PremisesPremises (the “Improvements”). If Landlord and Tenant does not approve the proposed floor plan within ten (10) calendar days after receipt of the proposed plan or after the Lease Date, whichever is later, each day acknowledge and agree that elapses after such tenth (10th) calendar day, until the approval is given by Xxxxxxxxxx Design Group shall act as Tenant, will constitute a day of ’s architect and Xxxxxx Construction Company shall act as Tenant’s construction contractor. Tenant Delay. Within ten (10) days after the date on which Landlord receives written approval from Tenant for such floor plan for the interior of the Demised Premises, Landlord shall prepare, at Landlord's sole cost and expense (provided that all such costs incurred and payable by Landlord to third parties shall be chargeable against the Maximum Construction Allowance), prepare and submit to Tenant Landlord for Landlord’s written approval or disapproval (which approval will not be unreasonably withheld or conditioned) a complete set of plans and specifications and/or and construction drawings (collectively, the "Plans and Specifications") based on the preliminary plans and specifications and/or preliminary floor plans set forth on Exhibit C B attached hereto and incorporated --------- herein, covering all work to be performed by Landlord in constructing the interior improvements for the Demised PremisesImprovements. Tenant shall have five (5) business days to approve the The Plans and Specifications. A failure of any proposed plans or specifications to conform to Exhibit C Specifications shall be a proper basis for --------- disapproval. In the process of reviewing in such detail as Landlord may reasonably require and approving the proposed Plans shall be in compliance with all applicable statutes, ordinances and Specificationsregulations; provided, Tenant shall not have the right to request any material change in scope of the work after final however, that Landlord’s approval of the Plans and Specifications by Tenant, any subsequent changes thereto requested by Tenant shall be at Tenant's sole cost and expense and subject to Landlord's written approval, which shall not be unreasonably withhelddeemed to be a warranty or representation that the Plans and Specifications comply with all applicable statutes, delayed or conditioned ordinances and regulations. Landlord willshall review the Plans and Specifications and indicate requested changes, promptly if any, by written notice to Tenant, within fifteen (15) days after receipt of the written approval of the Plans and Specifications by Tenant, submit Landlord. If Landlord fails to the Village of Bolingbrook, indicate such applications as may be necessary requested changes to obtain all permits (collectively, the "Permits") required for the work contemplated by the Plans and Specifications by such date, the Plans and Specifications shall be deemed approved. Thereafter, any changes to the Plans and Specifications shall be subject to Landlord’s written approval. If after the Plans and Specifications have been finalized pursuant to the procedures set forth hereinabove Tenant requests a changes to the Plans and Specifications and, as a result thereof, Substantial Completion (which will include the Allowance Work). Landlord will diligently pursue issue as hereinafter defined) of the PermitsImprovements is delayed, then for purposes of establishing the Lease Commencement Date and any other date tied to the date of Substantial Completion, Substantial Completion shall be deemed to mean the date when Substantial Completion would have been achieved but for such Tenant delay.

Appears in 1 contract

Samples: Industrial Lease Agreement (Dirtt Environmental Solutions LTD)

Construction of Demised Premises. (a) Landlord will submit to Tenant, within ten Within thirty (1030) calendar days execution of this Lease, a proposed floor plan for the interior of the Demised Premises. If Tenant does not approve the proposed floor plan within ten (10) calendar days after receipt of the proposed plan or after the Lease Date, whichever is later, each day that elapses after such tenth (10th) calendar day, until the approval is given by Tenant, will constitute a day of Tenant Delay. Within ten (10) days after the date on which Landlord receives written approval from Tenant for such floor plan for the interior of the Demised Premises, Landlord shall prepare, at Landlord's ’s sole cost and expense (provided that all such costs incurred and payable by Landlord to third parties shall be chargeable against the Maximum Construction Allowance)expense, and submit to Tenant a set of plans and specifications and/or construction drawings (collectively, the "Plans and Specifications") based on the preliminary plans and specifications and/or preliminary floor plans set forth on Exhibit C B attached hereto and incorporated --------- herein, covering all work to be performed by Landlord in constructing the interior improvements for the Demised PremisesImprovements (as defined in Section 8(a)(ii)). Tenant shall have five ten (510) business days to approve after receipt of the Plans and Specifications. A failure Specifications in which to review and to give to Landlord written notice of any proposed plans or specifications to conform to Exhibit C shall be a proper basis for --------- disapproval. In the process of reviewing and approving the proposed Plans and Specifications, Tenant shall not have the right to request any material change in scope of the work after final its approval of the Plans and Specifications or its requested changes to the Plans and Specifications. Tenant shall have no right to request any changes to the Plans and Specifications which would materially alter either the Demised Premises or the exterior appearance or basic nature of the Building, as the same are contemplated by the Preliminary Plans. If Tenant fails to approve or request changes to the Plans and Specifications by ten (10) days after its receipt thereof, then Tenant shall be deemed to have approved the Plans and Specifications and the same shall thereupon be final. If Tenant requests any changes to the Plans and Specifications, Landlord shall make those changes which are reasonably requested by Tenant and shall within ten (10) days of its receipt of such request submit the revised portion of the Plans and Specifications to Tenant. Tenant may not thereafter disapprove the revised portions of the Plans and Specifications unless Landlord has unreasonably failed to incorporate reasonable comments of Tenant and, subject to the foregoing, the Plans and Specifications, as modified by said revisions, shall be deemed to be final upon the submission of said revisions to Tenant. Tenant shall at all times in its review of the Plans and Specifications, and of any revisions thereto, act reasonably and in good faith. Tenant acknowledges that the Improvements are being constructed on a “fast track” basis and that Landlord shall have the right and option to submit various parts of the proposed Plans and Specifications from time to time during said thirty (30) day period and the time period for approval of any part of the proposed Plans and Specifications shall commence upon receipt of each submission. After Tenant has approved the Plans and Specifications or the Plans and Specifications have otherwise been finalized pursuant to the procedures set forth hereinabove, any subsequent changes thereto to the Plans and Specifications requested by Tenant (herein referred to as a “Change Order”) shall be at Tenant's ’s sole cost and expense and subject to Landlord's ’s written approval, which approval shall not be unreasonably withheld, delayed conditioned or conditioned delayed. In the event Landlord willapproves any such requested Change Order, promptly Landlord shall give written notice thereof to Tenant, which notice will specify the Change Order approved by Landlord as well as the estimated incremental cost thereof. The cost to Tenant for Change Orders shall be Landlord’s incremental cost plus ten percent (10%) of such amount as Landlord’s overhead. Tenant acknowledges and agrees that Landlord shall be under no obligation to proceed with any work related to the approved Change Order unless and until Tenant delivers to Landlord an amount equal to the full estimated incremental cost of such approved Change Order as set forth in Landlord’s notice. When the final incremental cost of any such Change Order has been determined and incurred, Landlord and Tenant each agree to pay or refund the amounts owed to the other with respect to such Change Order, based on the estimated payment made to Landlord. If after receipt of the written approval of the Plans and Specifications by Tenant, submit have been finalized pursuant to the Village of Bolingbrook, such applications as may be necessary procedures set forth hereinabove Tenant requests a Change Order or any further changes to obtain all permits (collectively, the "Permits") required for the work contemplated by the Plans and Specifications and, as a result thereof, Substantial Completion (which will include the Allowance Work). Landlord will diligently pursue issue as hereinafter defined) of the PermitsImprovements is delayed, then for purposes of establishing the Lease Commencement Date and any other date tied to the date of Substantial Completion, Substantial Completion shall be deemed to mean the date when Substantial Completion would have been achieved but for such Tenant delay.

Appears in 1 contract

Samples: Industrial Lease Agreement (Systemax Inc)

AutoNDA by SimpleDocs

Construction of Demised Premises. (a) Landlord will submit to Tenant, within ten Within thirty (1030) calendar days execution of this Lease, a proposed floor plan for the interior of the Demised Premises. If Tenant does not approve the proposed floor plan within ten (10) calendar days after receipt of the proposed plan or after the Lease Date, whichever is later, each day that elapses after such tenth (10th) calendar day, until the approval is given by Tenant, will constitute a day of Tenant Delay. Within ten (10) days after the date on which Landlord receives written approval from Tenant for such floor plan for the interior of the Demised Premises, Landlord shall prepare, at Landlord's sole cost and expense (provided that all such costs incurred and payable by Landlord to third parties shall be chargeable against the Maximum Construction Allowance)expense, and submit to Tenant a set of plans and specifications and/or construction drawings (collectively, the "Plans and Specifications") based on the preliminary plans and specifications and/or preliminary floor plans set forth on Exhibit C B attached hereto and incorporated --------- herein, covering all work to be performed by Landlord in constructing the interior improvements for the Demised PremisesImprovements (as defined in Section 8(a)(ii)). Tenant shall have five (5) business days after receipt of the plans and specifications in which to approve review and to give to Landlord written notice of its approval of the plans and specifications or its requested changes to the Plans and Specifications. A failure of any proposed plans or specifications to conform to Exhibit C shall be a proper basis for --------- disapproval. In the process of reviewing and approving the proposed Plans and Specifications, Tenant shall not have the no right to request any material change in scope changes to the plans and specifications which would materially alter either the Demised Premises or the exterior appearance or basic nature of the work after final approval of Building, as the same are contemplated by the preliminary Plans. If Tenant fails to approve or request changes to the Plans and Specifications by five (5) days after its receipt thereof, then Tenant shall be deemed to have approved the Plans and Specifications and the same shall thereupon be final. If Tenant requests any changes to the Plans and Specifications, Landlord shall make those changes which are reasonably requested by Tenant and shall within ten (10) days of its receipt of such request submit the revised portion of the Plans and specifications to Tenant. Tenant may not thereafter disapprove the revised portions of the Plans and specifications unless Landlord has unreasonably failed to incorporate reasonable comments of Tenant and, subject to the foregoing, the Plans and specifications, as modified by said revisions, shall be deemed to be final upon the submission of said revisions to Tenant. Tenant shall at all times in its review of the plans and specifications, and of any revisions thereto, act reasonably and in good faith. After Tenant has approved the Plans and Specifications or the Plans and Specifications have otherwise been finalized pursuant to the procedures set forth hereinabove, any subsequent changes thereto to the Plans and Specifications requested by Tenant shall be at Tenant's sole cost and expense and subject to Landlord's written approval, which approval shall not be unreasonably withheld, delayed conditioned or conditioned Landlord will, promptly delayed. If after receipt of the written approval of the Plans and Specifications by Tenant, submit specifications have been finalized pursuant to the Village of Bolingbrook, such applications as may be necessary procedures set forth hereinabove Tenant requests any further changes to obtain all permits (collectively, the "Permits") required for the work contemplated by the Plans and Specifications specifications and, as a result thereof, Substantial Completion (which will include the Allowance Work). Landlord will diligently pursue issue as hereinafter defined) of the PermitsImprovements is delayed, then for purposes of establishing the Lease Commencement Date, Substantial Completion shall, be deemed to mean the date when Substantial Completion would have been achieved but for such Tenant delay.

Appears in 1 contract

Samples: Industrial Lease Agreement (Rockwell Medical Technologies Inc)

Construction of Demised Premises. (aNotwithstanding the provisions of Section 18(c) Landlord will submit to Tenant, within ten (10) calendar days execution of this Lease, a proposed floor plan for in the interior of event that Landlord is unable to substantially complete the Demised Premises. If Premises for occupancy by Tenant does not approve on or before the proposed floor plan within ten date which is two hundred eighty-five (10285) calendar days after receipt of the proposed plan or after the Lease Date, whichever is lateras extended by Delay as defined below (the "Possession Date"), Tenant shall, beginning on the Lease Commencement Date, be entitled to a credit against Base Rent equal to one and one-half days of Base Rent payable under the Lease for each day after the Possession Date that elapses after such tenth the Demised Premises are not substantially complete. In the event that Landlord is unable to substantially complete the Demised Premises for occupancy by Tenant on or before the date which is three hundred forty-five (10th) calendar day, until the approval is given by Tenant, will constitute a day of Tenant Delay. Within ten (10345) days after the date on which Landlord receives written approval from Tenant for such floor plan for the interior of the Demised PremisesLease Date, Landlord shall prepareas extended by Delay as defined below, may, at Landlord's its option and as its sole cost and expense remedy, terminate this Lease by written notice to Landlord given within thirty (30) days following the expiration of such three hundred forty-five (345) day period (provided that all such costs incurred and payable by Landlord substantial completion has not occurred prior to third parties shall be chargeable against the Maximum Construction AllowanceLandlord's receipt of said termination notice), and submit to Tenant a set of plans and specifications and/or construction drawings (collectively, the "Plans and Specifications") based on the preliminary plans and specifications and/or preliminary floor plans set forth on Exhibit C attached hereto and incorporated --------- herein, covering all work to be performed by thereafter neither Landlord in constructing the interior improvements for the Demised Premises. nor Tenant shall have five any further obligation hereunder. For purposes of this Lease, "Delay" shall mean delays incurred by reason of (5a) business days Tenant's failure to approve the Plans and Specifications. A failure of any proposed plans Specifications as set forth in Section 18(a) or specifications to conform to Exhibit C shall be a proper basis for --------- disapproval. In the process of reviewing and approving the proposed Plans and Specifications, changes requested by Tenant shall not have the right to request any material change in scope of the work after final approval of the Plans and Specifications after Tenant's approval thereof, and (b) time lost by Landlord or Landlord's contractors or suppliers in connection with the performance of Landlord's work and/or the construction of the Building and related improvements due to strikes or other labor troubles, governmental restrictions and limitations, war or other national emergency, non-availability of materials or supplies, delay in transportation, accidents, floods, fire, damage or other casualties, weather or other conditions, acts or omissions of Tenant, any subsequent changes thereto requested or (c) delays by Tenant shall be at Tenant's sole cost and expense and subject to Landlord's written approval, which shall not be unreasonably withheld, delayed or conditioned Landlord will, promptly after receipt of the written approval of the Plans and Specifications by Tenant, submit utility companies in bringing utility lines to the Village of Bolingbrook, such applications Demised Premises or (d) the time necessary for Landlord to cure any Tenant objection to a Title Defect as may be necessary to obtain all permits (collectively, the "Permits") required for the work contemplated by the Plans and Specifications (which will include the Allowance Work). Landlord will diligently pursue issue of the Permitsmore particularly described in Special Stipulation 8 below.

Appears in 1 contract

Samples: Suit Industrial Lease Agreement (Global Directmail Corp)

Construction of Demised Premises. (a) Landlord will submit to Tenant, within ten Within thirty (1030) calendar days execution of this Lease, a proposed floor plan for the interior of the Demised Premises. If Tenant does not approve the proposed floor plan within ten (10) calendar days after receipt of the proposed plan or after the Lease Date, whichever is later, each day that elapses after such tenth (10th) calendar day, until the approval is given by Tenant, will constitute a day of Tenant Delay. Within ten (10) days after the date on which Landlord receives written approval from Tenant for such floor plan for the interior of the Demised Premises, Landlord shall prepare, at Landlord's sole cost and expense (provided that all such costs incurred and payable by Landlord to third parties shall be chargeable against the Maximum Construction Allowance)expense, and submit to Tenant a set of plans and specifications and/or construction drawings (collectively, the "Plans and Specifications") based on the preliminary plans and specifications and/or preliminary floor plans set forth on Exhibit C B attached hereto and incorporated --------- herein, covering all work to be performed by Landlord in constructing the interior improvements for the Demised Premises. (as defined in Section 8(a)(ii)) Tenant shall have five (5) business days to approve after receipt of the Plans and Specifications. A failure Specifications in which to review and to give to Landlord written notice of any proposed plans or specifications to conform to Exhibit C shall be a proper basis for --------- disapproval. In the process of reviewing and approving the proposed Plans and Specifications, Tenant shall not have the right to request any material change in scope of the work after final its approval of the Plans and Specifications or its requested changes to the Plans and Specifications Tenant shall have no right to request any changes to the Plans and Specifications which would materially alter either the Demised Premises or the exterior appearance or basic nature of the Building, as the same are contemplated by the Preliminary Plans If Tenant fails to approve or request changes to the Plans and Specifications by five (5) business days after its receipt thereof, then Tenant shall be deemed to have approved the Plans and Specifications and the same shall thereupon be final If Tenant requests any changes to the Plans and Specifications, Landlord shall make those changes which are reasonably requested by Tenant and shall within ten (10) days of its receipt of such request submit the revised portion of the Plans and Specifications to Tenant. Tenant may not thereafter disapprove the revised portions of the Plans and Specifications unless Landlord has unreasonably failed to incorporate reasonable comments of Tenant and, subject to the foregoing, the Plans and Specifications, as modified by said revisions, shall be deemed to be final upon the submission of said revisions to Tenant. Tenant shall at all times in its review of the Plans and Specifications, and of any revisions thereto, act reasonably and in good faith After Tenant has approved the Plans and Specifications or the Plans and Specifications have otherwise been finalized pursuant to the procedures set forth hercinabove, any subsequent changes thereto to the Plans and Specifications requested by Tenant shall be at Tenant's sole cost and expense and subject to Landlord's written approval, which approval shall not be unreasonably withheld, conditioned or delayed or conditioned Landlord will, promptly If after receipt of the written approval of the Plans and Specifications by Tenant, submit have been finalized pursuant to the Village of Bolingbrook, such applications as may be necessary procedures set forth hereinabove Tenant requests any further changes to obtain all permits (collectively, the "Permits") required for the work contemplated by the Plans and Specifications and, as a result thereof. Substantial Completion (which will include the Allowance Work). Landlord will diligently pursue issue as hereinafter defined) of the PermitsImprovements is delayed, then for purposes of establishing the Lease Commencement Date and any other date tied to the date of Substantial Completion. Substantial Completion shall be deemed to mean the date when Substantial Completion would have been achieved but for such Tenant delay.

Appears in 1 contract

Samples: Sublease (NationsHealth, Inc.)

Construction of Demised Premises. (a) Landlord will submit to Tenant, within ten Within thirty (10) calendar days execution of this Lease, a proposed floor plan for the interior of the Demised Premises. If Tenant does not approve the proposed floor plan within ten (10) calendar days after receipt of the proposed plan or after the Lease Date, whichever is later, each day that elapses after such tenth (10th) calendar day, until the approval is given by Tenant, will constitute a day of Tenant Delay. Within ten (1030) days after the date on which Landlord receives written approval from Tenant for such floor plan for the interior of the Demised Premiseshereof, Landlord shall prepare, at Landlord's sole cost and expense (provided that all such costs incurred and payable by Landlord to third parties shall be chargeable against the Maximum Construction Allowance)expense, and submit to Tenant a set of plans and specifications and/or construction drawings (collectively, the "Plans and Specifications") based on upon the preliminary plans and specifications and/or preliminary floor plans set forth on Exhibit C attached hereto and incorporated --------- hereinPreliminary Plans, covering all work to be performed by Landlord in constructing the interior Building and other improvements for which shall be a part of the Demised Premises. Tenant shall have five ten (510) business days to approve after receipt of the Plans and Specifications. A failure Specifications in which to review and to give to Landlord written notice of any proposed plans or specifications to conform to Exhibit C shall be a proper basis for --------- disapproval. In the process of reviewing and approving the proposed Plans and Specifications, Tenant shall not have the right to request any material change in scope of the work after final its approval of the Plans and Specifications or its requested changes to the Plans and Specifications. Tenant shall have no right to request any changes to the Plans and Specifications which would materially alter either the Demised Premises or the exterior appearance or basic nature of the Building, as the same are contemplated by the Preliminary Plans. If Tenant fails to approve or request changes to the Plans and Specifications by ten (10) days after its receipt thereof, then Tenant shall be deemed to have approved the Plans and Specifications and the same shall thereupon be final. If Tenant requests any changes to the Plans and Specifications, Landlord shall make those changes which are reasonably requested by Tenant and shall within ten (10) days of its receipt of such request submit the revised portion of the Plans and Specifications to Tenant. Tenant may not thereafter disapprove the revised portions of the Plans and Specifications unless Landlord has unreasonably failed to incorporate reasonable comments of Tenant and, subject to the foregoing, the Plans and Specifications, as modified by said revisions, shall be deemed to be final upon the submission of said revisions to Tenant. Each party shall at all times in the preparation and review of the Plans and Specifications, and of any revisions thereto, act reasonably and in good faith. After Tenant has approved the Plans and Specifications or the Plans and Specifications have otherwise been finalized pursuant to the procedures set forth hereinabove, any subsequent changes thereto to the Plans and Specifications requested by Tenant (herein referred to as a "Change Order") shall be at Tenant's sole cost and expense and subject to Landlord's written approval, which approval shall not be unreasonably withheld, delayed conditioned or conditioned Landlord will, promptly delayed. If after receipt of the written approval of the Plans and Specifications by Tenant, submit have been finalized pursuant to the Village procedures set forth hereinabove Tenant requests any Change Order and, as a result thereof, completion of Bolingbrook, such applications as may be necessary to obtain all permits (collectivelyconstruction of the Improvements is delayed beyond the Lease Commencement Date, the "Permits") required Term and Tenant's obligation to pay Base Rent hereunder shall nevertheless begin on the Lease Commencement Date. Tenant may by Change Order replace the materials called for the work contemplated by in the Plans and Specifications (which will include with comparable materials, or with materials of a higher grade, but Tenant shall have no right to change the Allowance Work)materials to materials which, in Landlord's sole opinion, are of an inferior grade or quality to those called for in the Plans and Specifications. Landlord will diligently pursue issue The aggregate cost of all such Change Orders in excess of the Permitscosts reflected in the Plans and Specifications shall be paid in cash by Tenant to Landlord within fifteen (15) days of Landlord's submission to Tenant of written request for payment of such additional cost. The cost to Tenant for Change Orders shall be Landlord's cost plus ten percent (10%) of such amount as Landlord's overhead. In the event that Change Orders result in a reduction of the costs reflected in the Plans and Specifications, Tenant shall be entitled to a reduction in the first Monthly Base Rent Installment equal to the amount of such savings realized.

Appears in 1 contract

Samples: Suit Industrial Lease Agreement (Global Directmail Corp)

Construction of Demised Premises. (a) Landlord will submit to Tenant, within ten Within thirty (10) calendar days execution of this Lease, a proposed floor plan for the interior of the Demised Premises. If Tenant does not approve the proposed floor plan within ten (10) calendar days after receipt of the proposed plan or after the Lease Date, whichever is later, each day that elapses after such tenth (10th) calendar day, until the approval is given by Tenant, will constitute a day of Tenant Delay. Within ten (1030) days after the date on which Landlord receives written approval from Tenant for such floor plan for the interior of the Demised Premiseshereof, Landlord shall prepare, at Landlord's sole cost and expense (provided that all such costs incurred and payable by Landlord to third parties shall be chargeable against the Maximum Construction Allowance)expense, and submit to Tenant a set of plans and specifications and/or construction drawings (collectively, the "Plans and Specifications") based on upon the preliminary plans and specifications and/or preliminary floor plans set forth on Exhibit C attached hereto and incorporated --------- hereinPreliminary Plans, covering all work to be performed by Landlord in constructing the interior Building and other improvements for which shall be a part of the Demised Premises. Tenant shall have five (5) business days to approve after receipt of the Plans and Specifications. A failure Specifications in which to review and to give to Landlord in original also written notice of any proposed plans or specifications to conform to Exhibit C shall be a proper basis for --------- disapproval. In the process of reviewing and approving the proposed Plans and Specifications, Tenant shall not have the right to request any material change in scope of the work after final its approval of the Plans and Specifications or its requested changes to the Plans and Specifications. Tenant shall have no right to request any changes to the Plans and Specifications which would materially alter either the size of the Demised Premises or the exterior appearance or basic nature of the Building, as the same are contemplated by the Preliminary Plans. If Tenant fails to approve or request changes to the Plans and Specifications by five (5) days after its receipt thereof, then Tenant shall be deemed to have approved the Plans and Specifications and the same shall thereupon be final. If Tenant requests any changes to the Plans and Specifications, Landlord shall make those changes which are reasonably requested by Tenant and shall within ten (10) days of its receipt of such request submit the revised portion of the Plans and Specifications to Tenant. Tenant may not thereafter disapprove the revised portions of the Plans and Specifications unless Landlord has unreasonably failed to incorporate reasonable comments of Tenant and, subject to the foregoing, the Plans and Specifications as modified by said revisions, shall be deemed to be final upon the submission of said revisions to Tenant. Tenant shall at all times in its review of the Plans and Specifications, and of any revisions thereto, act reasonably and in good faith. After Tenant has approved the Plans and Specifications or the Plans and Specifications have otherwise been finalized pursuant to the procedures set forth hereinabove, any subsequent changes thereto to the Plans and Specifications requested by Tenant (herein referred to as a "Change Order") shall be at Tenant's sole cost and expense and subject to Landlord's written approval, which approval shall not be unreasonably withheld, delayed conditioned or conditioned Landlord will, promptly delayed. If after receipt of the written approval of the Plans and Specifications by Tenant, submit have been finalized pursuant to the Village procedures set forth hereinabove Tenant requests any Change Order and, as a result thereof, completion of Bolingbrook, such applications as may be necessary to obtain all permits (collectivelyconstruction of the Improvements is delayed beyond the Lease Commencement Date, the "Permits") required Term and Tenant's obligation to pay Base Rent hereunder shall nevertheless begin on the Lease Commencement Date. Tenant may by Change Order replace the materials called for the work contemplated by in the Plans and Specifications (which will include with comparable materials, or with materials of a higher grade, but Tenant shall have no right to change the Allowance Work)materials to materials which, in Landlord's sole opinion, are of an inferior grade or quality to those called for in the Plans and Specifications. Landlord will diligently pursue issue The aggregate cost of all such Change Orders in excess of the Permitscosts reflected in the Plans and Specifications shall be paid in cash by Tenant to Landlord upon Landlord's submission to Tenant of written request for payment of such additional cost and not later than the Lease Commencement Date. The cost to Tenant for preparing and administering Change Orders shall be Landlord's cost.

Appears in 1 contract

Samples: Suit Industrial Lease Agreement (Act Manufacturing Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.