Common use of Final Plans Clause in Contracts

Final Plans. (1) Promptly following the Landlord’s approval of the Preliminary Drawings, Tenant shall be solely responsible for the timely preparation and submission to Landlord of all architectural, electrical and mechanical construction drawings, plans and specifications necessary to construct the Tenant’s Work, which plans shall be prepared consistent with the approved Preliminary Drawings (collectively, the “Working Drawings”). Tenant shall provide a complete set of the Working Drawings to Landlord for its review and approval by no later than sixty (60) days after the Landlord’s approval of the Preliminary Drawings (the “Working Drawings Outside Date”). Landlord shall approve or provide reasonable detail of its disapproval of such Working Drawings within five (5) Business Days, such approval not to be unreasonably withheld, conditioned or delayed. If Landlord denies approval, Tenant shall cause the Working Drawings to be revised and resubmitted to Landlord within five (5) Business Days. Landlord shall then have three (3) Business Days to approve or provide reasonable detail of its disapproval of such revised Working Drawings. If Landlord denies approval, such process will continue until Landlord’s approval of the Working Drawings is provided. If Landlord fails to approve or deny approval within the time periods set forth above, Landlord shall be deemed to have approved the Working Drawings in the form to which Landlord did not respond. The Working Drawings as approved in accordance with this subsection are referred to as the “Final Plans”. Landlord and Tenant agree that promptly following the approval of the Final Plans, Landlord and Tenant shall mutually agree upon the TW Delivery Date in accordance with the provisions of Section 2(g) of the Second Amendment.

Appears in 1 contract

Samples: Lease (INSMED Inc)

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Final Plans. Upon the later to occur of (1i) Promptly following the Landlord’s twelve (12) days after approval by Landlord and Tenant of the Preliminary Drawingspreliminary budget for the Tenant Improvements, or (ii) September 9, 1996, Tenant shall be solely responsible for the timely preparation cause Architect to commence preparing complete plans, specifications and submission to Landlord of all architectural, electrical working drawings which incorporate and mechanical construction drawings, plans and specifications necessary to construct the Tenant’s Work, which plans shall be prepared are consistent with the approved Preliminary Drawings Plans and preliminary budget, and which show in detail the intended design, construction and finishing of all portions of the Tenant Improvements described in the Preliminary Plans (collectively, the “Working Drawings”"Final Plans"). Tenant shall provide a complete set of cause Architect to deliver the Working Drawings Final Plans to Landlord Landlord, for its Landlord's review and approval by approval, no later than sixty September 27, 1996. Within five (605) days after the Landlord’s approval 's receipt of the Preliminary Drawings (the “Working Drawings Outside Date”). Final Plans, Landlord shall either approve or provide disapprove the Final Plans. If Landlord disapproves the Final Plans, then Landlord shall state in reasonable detail of its disapproval of such Working Drawings the changes which Landlord requires to be made thereto. Tenant shall submit to Landlord revised Final Plans within five (5) Business Daysdays after Tenant's receipt of Landlord's disapproval notice. Following Landlord's receipt of the revised Final Plans from Tenant, such Landlord shall have the right to review and approve the revised Final Plans pursuant to this Paragraph 2.2.3. Landlord shall give Tenant written notice of its approval not to be unreasonably withheld, conditioned or delayed. If Landlord denies approval, Tenant shall cause disapproval of the Working Drawings to be revised and resubmitted to Landlord Final Plans within five (5) Business Days. Landlord shall then have three (3) Business Days to approve or provide reasonable detail days after the date of its disapproval of such revised Working DrawingsLandlord's receipt thereof. If Landlord denies approvaldisapproves the revised Final Plans, then Landlord and Tenant shall continue to follow the procedures set forth in this Paragraph 2.2.3 until either (x) Landlord and Tenant approve such process will continue until Landlord’s approval of the Working Drawings is providedFinal Plans in accordance with this Paragraph 2.2.3, or (y) October 4, 1996. If Landlord fails and Tenant do not mutually agree upon the Final Plans on or before October 4, 1996, then Landlord may in its sole discretion terminate this Lease upon written notice to approve or deny approval Tenant. If Landlord neither approves nor disapproves the Final Plans within the applicable time periods set forth provided above, Landlord shall be deemed to have approved the Working Drawings in the form to which Landlord did not respond. The Working Drawings as approved in accordance with this subsection are referred to as the “Final Plans”. Landlord and Tenant agree that promptly following the approval of disapproved the Final Plans, Landlord and Tenant shall mutually agree upon the TW Delivery Date in accordance with the provisions of Section 2(g) of the Second AmendmentPlans as submitted.

Appears in 1 contract

Samples: Lease (Excite Inc)

Final Plans. (1) Promptly following the Landlord’s approval of the Preliminary DrawingsNo later than March 24, 1997, Tenant shall be solely responsible for the timely preparation cause Architect to commence preparing complete plans, specifications and submission to Landlord of all architectural, electrical working drawings which incorporate and mechanical construction drawings, plans and specifications necessary to construct the Tenant’s Work, which plans shall be prepared are consistent with the approved Preliminary Drawings Plans and preliminary budget, and which show in detail the intended design, construction and finishing of all portions of the Tenant Improvements described in the Preliminary Plans (collectively, the “Working DrawingsFINAL PLANS”). Tenant shall provide a complete set of cause Architect to deliver the Working Drawings Final Plans to Landlord Landlord, for its Landlord’s review and approval by approval, no later than sixty (60) days after the Landlord’s approval of the Preliminary Drawings (the “Working Drawings Outside Date”)April 21, 1997. Landlord shall approve or provide reasonable detail of its disapproval of such Working Drawings within Within five (5) Business Days, such approval not to be unreasonably withheld, conditioned or delayed. If Landlord denies approval, Tenant shall cause the Working Drawings to be revised and resubmitted to Landlord within five (5) Business Days. Landlord shall then have three (3) Business Days to approve or provide reasonable detail of its disapproval of such revised Working Drawings. If Landlord denies approval, such process will continue until days after Landlord’s approval of the Working Drawings is provided. If Landlord fails to approve or deny approval within the time periods set forth above, Landlord shall be deemed to have approved the Working Drawings in the form to which Landlord did not respond. The Working Drawings as approved in accordance with this subsection are referred to as the “Final Plans”. Landlord and Tenant agree that promptly following the approval receipt of the Final Plans, Landlord shall either approve or disapprove the Final Plans, which approval shall not be unreasonably withheld. 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. 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) 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 PARAGRAPH 2.2.3. Landlord shall give Tenant written notice of its approval or disapproval of the revised Final Plans within five (5) 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 disapproves the revised Final Plans, then Landlord and Tenant shall mutually agree upon continue to follow the TW Delivery Date procedures set forth in this PARAGRAPH 2.2.3 until Landlord and Tenant reasonably approve such Final Plans in accordance with the provisions of Section 2(g) of the Second Amendmentthis PARAGRAPH 2.2.3.

Appears in 1 contract

Samples: Lease (BigBand Networks, Inc.)

Final Plans. (1) Promptly following the Landlord’s approval of As soon as the Preliminary DrawingsPlans are approved by Landlord, Tenant shall be solely responsible prepare final plans, specifications and working drawings for the timely preparation and submission to Landlord of all architectural, electrical and mechanical construction drawings, plans and specifications necessary to construct Tenant Improvements (the Tenant’s Work, which plans shall be prepared "Final Plans") that are consistent with and logical evolutions of the approved Preliminary Drawings (collectively, Plans and shall deliver the “Working Drawings”). Tenant shall provide a complete set of the Working Drawings same to Landlord for its review and approval by no later than sixty (60) days after approval. Concurrently with the Landlord’s approval delivery of the Preliminary Drawings Final Plans, Tenant shall deliver to Landlord for Landlord's approval a schedule of values ("Schedule of Values") allocating costs to the “Working Drawings Outside Date”)various portions of the work involved in the construction and installation of the Tenant Improvements and setting forth Tenant's reasonable, good faith estimate of the timing of Landlord's disbursements of the Tenant Improvement Allowance (as defined in Section 4.1 below) and the amount of each such disbursement. If Landlord disapproves the Final Plans and/or the Schedule of Values, Landlord shall approve or provide reasonable detail of its disapproval of such Working Drawings deliver to Tenant, as soon as reasonably possible but within five (5) Business Daysbusiness days 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 approval not to be unreasonably withheld, conditioned or delayedthereof. If Landlord denies approval, Tenant shall cause the Working Drawings to be revised and resubmitted to Landlord within Within five (5) Business Daysbusiness days following receipt of Landlord's 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 notice of disapproval. As soon as Landlord shall then have three (3) Business Days to approve or provide reasonable detail of its disapproval of such revised Working Drawings. If Landlord denies approval, such process will continue until Landlord’s approval of the Working Drawings is provided. If Landlord fails to approve or deny approval within the time periods set forth above, Landlord shall be deemed to have approved the Working Drawings in the form to which Landlord did not respond. The Working Drawings as approved in accordance with this subsection are referred to as the “Final Plans”. Landlord and Tenant agree that promptly following the approval of approves the Final PlansPlans and the Schedule of Values submitted by Tenant, Landlord and Tenant shall mutually agree upon each sign the TW Delivery Date same. Except as otherwise specifically provided in accordance with this Addendum, the provisions term "Final Plans" as hereinafter used shall mean the final plans, specifications, working drawings and Schedule of Section 2(g) Values approved by Landlord for the construction of the Second AmendmentTenant Improvements.

Appears in 1 contract

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

Final Plans. Upon the earlier to occur of (1i) Promptly following the Landlord’s ten (10) ----------- days after approval by Landlord and Tenant of the Preliminary Drawingspreliminary budget for the Tenant Improvements, or (ii) November 18, 1996, Tenant shall be solely responsible for the timely preparation cause Architect to commence preparing complete plans, specifications and submission to Landlord of all architectural, electrical working drawings which incorporate and mechanical construction drawings, plans and specifications necessary to construct the Tenant’s Work, which plans shall be prepared are consistent with the approved Preliminary Drawings Plans and preliminary budget, and which show in detail the intended design, construction and finishing of all portions of the Tenant Improvements described in the Preliminary Plans (collectively, the “Working Drawings”"Final Plans"). Tenant shall provide a complete set of cause ----------- Architect to deliver the Working Drawings Final Plans to Landlord Landlord, for its Landlord's review and approval by approval, no later than sixty (60) days after the Landlord’s approval of the Preliminary Drawings (the “Working Drawings Outside Date”)December 6, 1996. Landlord shall approve or provide reasonable detail of its disapproval of such Working Drawings within Within five (5) Business Days, such approval not to be unreasonably withheld, conditioned or delayed. If Landlord denies approval, Tenant shall cause the Working Drawings to be revised and resubmitted to Landlord within five (5) Business Days. Landlord shall then have three (3) Business Days to approve or provide reasonable detail of its disapproval of such revised Working Drawings. If Landlord denies approval, such process will continue until days after Landlord’s approval of the Working Drawings is provided. If Landlord fails to approve or deny approval within the time periods set forth above, Landlord shall be deemed to have approved the Working Drawings in the form to which Landlord did not respond. The Working Drawings as approved in accordance with this subsection are referred to as the “Final Plans”. Landlord and Tenant agree that promptly following the approval 's receipt of the Final Plans, Landlord shall either approve or disapprove the Final Plans, which approval shall not be unreasonably withheld. 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 mutually agree upon have the TW Delivery Date right to deliver a Delay Notice to Landlord as 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) 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 Paragraph 2.2.3. Landlord shall give Tenant --------------- written notice of its approval or disapproval of the revised Final Plans within five (5) 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 disapproves the revised Final Plans, then Landlord and Tenant shall continue to follow the procedures set forth in this Paragraph 2.2.3 until Landlord and Tenant --------------- reasonably approve such Final Plans in accordance with the provisions of Section 2(g) of the Second Amendment.this Paragraph 2.2.3. ---------------

Appears in 1 contract

Samples: Lease (At Home Corp)

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Final Plans. (1) Promptly As soon as available following the Landlord’s approval of the Preliminary Drawings, Final Space Plans Tenant shall be solely responsible for the timely preparation and submission furnish to Landlord of all architectural, electrical and mechanical construction drawings, for Landlord's written approval working plans and specifications necessary (the "Working Drawings") prepared by Tenant's Architect for all of the improvements which Tenant desires to construct be constructed in the Tenant’s WorkSubstitute Premises. The Working Drawings shall show improvements that conform to the Final Space Plans and the Building Construction Standards, which plans shall separately note any proposed structural work or extraordinary or supplemental electrical, plumbing or HVAC requirements, and shall be prepared consistent with in sufficient detail as to enable the approved Preliminary 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 (collectively, the “Working Drawings”)10) days of its receipt thereof. Tenant shall provide a complete set respond promptly to any reasonable objections of Landlord to the Working Drawings to Landlord for its review and approval by no later than sixty (60) days after the Landlord’s approval of the Preliminary Drawings (the “shall resubmit appropriately revised Working Drawings Outside Date”). Landlord shall approve or provide reasonable detail of its disapproval of such Working Drawings prepared by Tenant's Architect within five (5) Business Daysdays 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 not in accordance with the following provisions of this Paragraph 3, are hereinafter called the "Final Plans", the improvements to be unreasonably withheld, conditioned or delayedperformed in the Substitute Premises in accordance with the Final Plans are hereinafter called the "Tenant Improvements". If Landlord denies approval, Tenant shall cause be responsible for causing the Working Drawings to be revised completed (including Landlord's review and resubmitted to Landlord within five (5) Business Days. Landlord shall then have three (3) Business Days to approve or provide reasonable detail of its disapproval of such revised Working Drawings. If Landlord denies approval, such process will continue until Landlord’s approval and Tenant's Architect's revisions of the Working Drawings is provided. If Landlord fails Drawings, according to approve or deny approval within the time periods procedure and schedule set forth above) no later than June 15, Landlord shall be deemed to have approved the Working Drawings in the form to which Landlord did not respond. The Working Drawings as approved in accordance with this subsection are referred to as the “Final Plans”. Landlord and Tenant agree that promptly following the approval of the Final Plans, Landlord and Tenant shall mutually agree upon the TW Delivery Date in accordance with the provisions of Section 2(g) of the Second Amendment1999.

Appears in 1 contract

Samples: Lionbridge Technologies Inc /De/

Final Plans. Tenant shall cause the Architect to prepare final working drawings, which shall be consistent with the Space Plan, compatible with the design, construction and equipment of the Building, comply with all Applicable Laws, capable of logical measurement and construction, and contain all such information as may be required for obtaining all permits and other governmental approvals for the construction of the Tenant Improvements (1the "Working Drawings"). Within thirty (30) Promptly following the Landlord’s days after approval of the Preliminary DrawingsEffective Date, Tenant shall be solely responsible for the timely preparation and submission to Landlord of all architectural, electrical and mechanical construction drawings, plans and specifications necessary to construct the Tenant’s Work, which plans shall be prepared consistent with the approved Preliminary Drawings (collectively, the “Working Drawings”). Tenant shall provide a complete set submit two copies of the Working Drawings to Landlord for its review and approval by no later than sixty in its reasonable discretion. Within ten (6010) days after the Landlord’s approval receipt of the Preliminary Drawings Working Drawings, Landlord shall notify Tenant in writing that (i) Landlord approves of such Working Drawings, or (ii) Landlord disapproves of such Working Drawings, the basis for disapproval and the changes requested by Landlord. Tenant shall cause the Working Drawings Outside Date”)to be revised and shall submit the revised Working Drawings to Landlord for its review and approval as provided in this section. If Landlord disapproves of the Working Drawings in any respect, the parties shall approve or provide reasonable detail of its disapproval of such confer and negotiate in good faith to reach written agreement on the Working Drawings within five (5) Business Days, business days thereafter for the first (1st) disapproval and three (3) business days thereafter. Upon such approval not to be unreasonably withheld, conditioned or delayed. If Landlord denies approvalagreement, Tenant shall cause the Working Drawings to be revised and resubmitted shall submit the revised Working Drawings to Landlord within five (5) Business Daysfor its review and approval as provided in this section. Landlord shall then have approve or reasonably disapprove of such revised Working Drawings within three (3) Business Days to approve or provide reasonable detail of its disapproval business days after delivery of such Working Drawings to Landlord. If Landlord disapproves the revised Working Drawings, the parties shall again meet and confer in accordance with this paragraph until the parties agree on the Working Drawings. If Landlord denies approvaldisapproves of the second set of Working Drawings within said three (3) business day time period and such disapproval or failure to agree is not based on a Design Problem, then each day after the end of said three (3) business day time period shall constitute a Landlord Delay and if Tenant is unable to conduct its business in all of the Premises as a result, Tenant shall be entitled to a partial abatement in rent for each day of such process will continue until Landlord’s Landlord Delay. Such abatement in rent shall be limited to the square footage of the Premises in which Tenant is constructing the Tenant Improvements and is unable to construct the Tenant Improvements pending approval of the such Working Drawings is provided. If Landlord fails to approve or deny approval within the time periods set forth above, Landlord shall be deemed to have approved the Working Drawings in the form to which Landlord did not respondDrawings. The Working Drawings as approved in accordance with this subsection are writing by the parties shall be referred to as the "Final Plans”. Landlord and Tenant agree that promptly following the approval of the Final Plans, Landlord and Tenant shall mutually agree upon the TW Delivery Date in accordance with the provisions of Section 2(g) of the Second Amendment."

Appears in 1 contract

Samples: Adac Laboratories

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