Final Working Drawings. Tenant, the Architect and the Engineers ---------------------- shall complete the architectural, engineering, structural, mechanical, electrical and plumbing drawings for the Premises in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the "Final Working Drawings") and shall submit the same to Landlord for Landlord's approval. The Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply Landlord with four (4) completed copies signed by Tenant of such Final Working Drawings. Landlord shall, within three (3) business days after Landlord receives the Final Working Drawings, either (a) approve the Final Working Drawings, (b) approve the Final Working Drawings subject to specified conditions to be satisfied by Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 2.4, below, or (c) disapprove the Final Working Drawings and return them to Tenant with requested revisions; provided, however, that Landlord shall only be entitled to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above the Final Working Drawings if they materially deviate from the Construction Drawings, or for any of the following reasons: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem"). If Landlord disapproves the Final Working Drawings, Tenant may resubmit the Final Working Drawings to Landlord at any time, and Landlord shall approve or disapprove of the resubmitted Final Working Drawings within two (2) business days after Landlord receives such resubmitted Final Working Drawings.
Appears in 1 contract
Sources: Office Lease (Smart & Final Inc/De)
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the "Final Working Drawings" (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers ---------------------- shall to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, engineering, structural, mechanical, electrical and plumbing working drawings for the Premises in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the "Final Working Drawings") and shall submit the same to Landlord for Landlord's approval. The Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply Landlord with four (4) completed hard copies signed by Tenant of the Final Working Drawings, and concurrently with Tenant's delivery of such hard copies, Tenant shall send to Landlord via electronic mail one (1) .pdf electronic copy of such Final Working Drawings. Landlord shall, shall advise Tenant within three five (35) business days after Landlord receives Landlord's receipt of all of the Final Working Drawings, either (ai) approve the Final Working Drawings, (bii) approve the Final Working Drawings subject to specified conditions, which conditions must be stated in a reasonably clear and complete manner, and shall only be conditions reasonably intended to be satisfied by Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 2.4, belowaddress a potential Design Problem, or (ciii) disapprove the Final Working Drawings and return them the Construction Drawings to Tenant with requested revisions; provided, however, that Landlord shall only be entitled to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above the such Final Working Drawings if they materially deviate from to the Construction Drawings, or for any extent of the following reasons: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem"). If Landlord disapproves the Final Working Drawings, Tenant may resubmit the Final Working Drawings to Landlord at any time, and Landlord shall approve or disapprove of the resubmitted Final Working Drawings Drawings, based upon the criteria set forth in this Section 3.3, within two three (23) business days after Landlord receives such resubmitted Final Working Drawings. Such procedure shall be repeated until the Final Working Drawings are approved. If Landlord has not timely approved the Final Working Drawings within the applicable time period set forth above, Tenant shall have the right to send a "reminder notice" to Landlord, which conspicuously indicates that Landlord's continued failure to respond may result in the deemed approval of the Final Working Drawings most recently delivered to Landlord (which notice shall be delivered to Landlord pursuant to the terms of the Lease, shall clearly state the following in bold: "LANDLORD'S FAILURE TO RESPOND WITHIN THREE (3) BUSINESS DAYS SHALL RESULT IN THE DEEMED APPROVAL OF THE FINAL WORKING DRAWINGS," and shall also be sent via electronic mail to the Landlord's representative set forth in Section 5.2 below). If Landlord fails to respond to Tenant regarding the Final Working Drawings within three (3) business days after its receipt of the reminder notice identified in the preceding sentence, then the Final Working Drawings shall be deemed to have been approved by Landlord; provided, however, in no event shall such "deemed approval" occur to the extent the parties are in discussions regarding the nature of the Final Working Drawings, the details contained therein or the specifications pertaining thereto.
Appears in 1 contract
Final Working Drawings. TenantUpon Landlord's approval of the Final Space Plan, Tenant shall cause the Architect and the Engineers ---------------------- shall to complete the architectural, engineering, structural, mechanical, electrical architectural and plumbing engineering drawings for the Premises Premises, and the final architectural working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the "Final Working Drawings") and shall submit two (2) full size sets signed by Tenant of the same and the CAD file of the Final Working Drawing to Landlord for Landlord's approval, which approval shall not be unreasonably withheld, conditioned or delayed. The Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply Landlord with four Within fifteen (415) completed copies signed by Tenant days following Landlord's receipt of such Final Working Drawings. Landlord shall, within three (3) business days after Landlord receives the Final Working Drawings, either Landlord shall provide Tenant with its approval, disapproval or approval with conditions of such Final Working Drawings (aprovided however that such fifteen (15) approve day period shall be extended as needed for structural items). Landlord's failure to respond within such fifteen (15) day period shall be deemed Landlord's disapproval of the Final Working Drawings, (b) approve the Final Working Drawings subject to specified conditions to be satisfied by Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 2.4, below, or (c) disapprove the Final Working Drawings and return them to Tenant with requested revisions; provided, however, that after the expiration of such fifteen (15) day period, Tenant may send Landlord shall only be entitled to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above the Final Working Drawings if they materially deviate from the Construction Drawings, or for any written notice of the following reasons: expiration of such fifteen (i15) an adverse effect on the structural integrity day period with a second request for Landlord to so approve of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem"). If Landlord disapproves the Final Working Drawings, in which case, Landlord shall be deemed to have approved of the Final Working Drawings (other than for structural items) if Landlord does not approve or disapprove of the Final Working Drawings within five (5) days after receipt of such written notice from Tenant. If Landlord disapproves any draft of the Final Working Drawings, Landlord's disapproval shall indicate the reasonable reasons for such disapproval and Tenant may shall resubmit the Final Working Drawings to Landlord at any time, and with the modifications required by Landlord. This process shall continue until the Final Working Drawings are approved by Landlord. Landlord shall respond with its approval or disapproval of the resubmitted Final Working Drawings within ten (10) business days following Landlord's receipt thereof. Landlord's failure to respond within such ten (10) business day period shall be deemed Landlord's disapproval of the resubmitted Final Working Drawings; provided, however, that after the expiration of such ten (10) business day period, Tenant may send Landlord written notice of the expiration of such ten (10) business day period with a second request for Landlord to so approve of the resubmitted Final Working Drawings, in which case, Landlord shall be deemed to have approved of the resubmitted Final Working Drawings (other than for structural items) if Landlord does not approve or disapprove of the resubmitted Final Working Drawings within two five (25) business days after receipt of such written notice from Tenant. Tenant shall be solely responsible for the timely preparation and submission to Landlord receives of the final architectural, electrical and mechanical construction drawings, plans and specifications (called "Construction Documents") necessary to construct the Tenant Work, which Construction Documents shall be subject to approval by Landlord, such resubmitted Final Working Drawingsapproval not to be unreasonably withheld, conditioned or delayed, and Landlord's architect and engineers and shall comply with their requirements to avoid aesthetic or other conflicts with the design and function of the balance of the Project. Tenant shall be responsible for all elements of the design of the Construction Documents (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Building D Expansion Space and the placement of Tenant's furniture, appliances and equipment), and Landlord's approval of the Construction Documents shall in no event relieve Tenant of the responsibility for such design. Tenant shall be solely responsible for the timely preparation and submission of the Construction Documents and for all elements of the design of such Construction Documents and for all costs related thereto.
Appears in 1 contract
Sources: Office Lease Agreement (GoPro, Inc.)
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, electrical requirements and special electrical receptacle requirements for the relevant phase of the Tenant Improvements, to enable the Engineers and the Architect to complete the "Final Working Drawings" (as that term is defined below) for the Premises in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers ---------------------- shall to complete the architectural and engineering drawings for the relevant phase, and Architect shall compile a fully coordinated set of architectural, engineering, structural, mechanical, electrical and plumbing working drawings for the Premises in a form which is sufficiently complete to allow subcontractors all of Tenant's Agents to bid on the work and to obtain all applicable permits (collectively, the "Final Working Drawings") and shall submit the same to Landlord for Landlord's approval, which shall not be unreasonably withheld, conditioned, or delayed. The Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply Landlord with four (4) completed copies signed by Tenant of such Final Working Drawings. Landlord shall, shall advise Tenant within three five (35) business days after Landlord receives the Final Working Drawings, either (a) approve the Final Working Drawings, (b) approve the Final Working Drawings subject to specified conditions to be satisfied by Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 2.4, below, or (c) disapprove the Final Working Drawings and return them to Tenant with requested revisions; provided, however, that Landlord shall only be entitled to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above Landlord's receipt of the Final Working Drawings if they materially deviate from the Construction Drawingssame is unsatisfactory or incomplete in any respect (provided that, or for any if the scope of the following reasons: such Final Working Drawings are such that Landlord cannot reasonably complete its review in such period, Landlord will inform Tenant, and such period will be extended five (i5) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem"additional business days). If Landlord disapproves the Final Working DrawingsTenant is so advised, Tenant may resubmit shall promptly cause the Final Working Drawings to be revised in accordance with such review and any disapproval of Landlord at in connection therewith. If Landlord fails to respond to any timerequests within the specified period, Tenant may deliver Landlord a reminder notice, and if Landlord shall approve or disapprove of the resubmitted Final Working Drawings fails to respond within two (2) business days after Landlord receives receipt of the reminder notice, such resubmitted Final Working Drawingsrequest shall be deemed approved.
Appears in 1 contract
Final Working Drawings. Tenant, (i) Tenant must engage an architect licensed in the Architect and the Engineers ---------------------- shall complete the architectural, engineering, structural, mechanical, electrical and plumbing drawings State of California for the Premises in a form which is complete to allow subcontractors to bid on purpose of preparing the work and to obtain all applicable permits (collectively, the "Final Working Drawings") and shall submit the same to Landlord for Landlord's approval. The Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply Landlord with four (4) completed copies signed by Tenant of such Final Working Drawings. Landlord shall, Final Working Drawings must adhere to the approved Preliminary Drawings and shall meet the requirements set forth in Schedule 3 attached to this Exhibit C.
(ii) Tenant shall submit Final Working Drawings on CD-ROM with tenant plans in single pdf file format for review (pdf file to be “to-scale” / full size set) to Landlord’s representative for approval within three thirty (330) business days after approval of the Preliminary Drawings. Final Working Drawings with incomplete or inadequate information or dimensional discrepancies will be rejected.
(iii) Within fifteen (15) days after Landlord receives the Final Working Drawings, Landlord’s representative will either approve such drawings or return to Tenant’s architect/designer one (a1) approve set of prints of the Final Working Drawings, marked with any comments and/or required modifications.
(biv) approve If Tenant objects to any comments and/or required modifications, Tenant shall deliver Notice of such objection to Landlord within ten (10) days after the date Tenant’s architect/designer receives Landlord’s comments and/or modifications, as applicable. Unless Tenant delivers such Notice, Tenant will be deemed to have accepted and approved the comments and/or modifications provided by Landlord.
(v) If Landlord returns the Final Working Drawings subject to specified conditions to be satisfied by Tenant prior to submitting the Approved Working Drawings for permits with comments and/or required modifications and Tenant does not timely object as set forth in Section 2.4provided above, below, or (c) disapprove Tenant must revise the Final Working Drawings and return resubmit them to Landlord for approval within fifteen (15) days after the date Tenant’s architect/designer receives Landlord’s comments and/or required modifications.
(vi) If Tenant properly objects to any comments and/or required modifications as provided above, Landlord will discuss the objections with requested revisions; provided, however, that Landlord shall only be entitled Tenant and will work with Tenant to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above the achieve Final Working Drawings if they materially deviate from the Construction Drawings, or for any of the following reasons: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem")that are acceptable to Landlord. If Tenant and Landlord disapproves the are unable to agree on Final Working Drawings, Tenant Landlord may resubmit the Final Working Drawings to terminate this Lease.
(vii) Once approved, Landlord at any time, and Landlord shall approve or disapprove of the resubmitted Final Working Drawings within two (2) business days after Landlord receives such resubmitted will stamp “Approved Final Working Drawings” and return them to Tenant’s architect/designer who made the submittal.
Appears in 1 contract
Sources: Retail Lease (Yoshiharu Global Co.)
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, electrical requirements and special electrical receptacle requirements for the relevant Phase of the Tenant Improvements, to enable the Engineers and the Architect to complete the "Final Working Drawings" (as that term is defined below) for the Premises in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers ---------------------- shall to complete the architectural and engineering drawings for the relevant Phase, and Architect shall compile a fully coordinated set of architectural, engineering, structural, mechanical, electrical and plumbing working drawings for the Premises in a form which is sufficiently complete to allow subcontractors all of Tenant's Agents to bid on the work and to obtain all applicable permits (collectively, the "Final Working Drawings") and shall submit the same to Landlord for Landlord's approval, which shall not be unreasonably withheld, conditioned, or delayed. The Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply Landlord with four (4) completed copies signed by Tenant of such Final Working Drawings. Landlord shall, shall advise Tenant within three five (35) business days after Landlord receives the Final Working Drawings, either (a) approve the Final Working Drawings, (b) approve the Final Working Drawings subject to specified conditions to be satisfied by Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 2.4, below, or (c) disapprove the Final Working Drawings and return them to Tenant with requested revisions; provided, however, that Landlord shall only be entitled to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above Landlord's receipt of the Final Working Drawings if they materially deviate from the Construction Drawingssame is unsatisfactory or incomplete in any respect (provided that, or for any if the scope of the following reasons: such Final Working Drawings are such that Landlord cannot reasonably complete its review in such period, Landlord will inform Tenant, and such period will be extended five (i5) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem"additional business days). If Landlord disapproves the Final Working DrawingsTenant is so advised, Tenant may resubmit shall promptly cause the Final Working Drawings to be revised in accordance with such review and any disapproval of Landlord at in connection therewith. If Landlord fails to respond to any timerequests within the specified period, Tenant may deliver Landlord a reminder notice, and if Landlord shall approve or disapprove of the resubmitted Final Working Drawings fails to respond within two (2) business days after Landlord receives receipt of the reminder notice, such resubmitted Final Working Drawingsrequest shall be deemed approved.
Appears in 1 contract
Final Working Drawings. Prior to October 31, 2013, Tenant shall cause Tenant, the 's Architect and the Tenant's Engineers ---------------------- shall to prepare and submit for Landlord's approval complete the and detailed construction plans and specifications, including a fully coordinated set of architectural, engineering, structural, mechanical, fire protection, electrical and plumbing working drawings for the Premises Tenant Improvement Work, in a form which that is sufficiently complete to allow permit subcontractors to bid on the work and to work, obtain all applicable permits required Permits (collectivelyas defined in Section 1.4, below) and commence construction (the "Final Working Drawings") and shall submit ); provided that, at Tenant's option, the same to Landlord for Landlord's approval. The Final Working Drawings may be submitted prepared in one or more stages at one or more timestwo phases on a "design build" basis (first the architectural portion, then engineering drawings consistent with the previously provided architectural drawings), provided further that in such event both components shall be subject to Landlord's approval in accordance with this Section 2.2.2. Tenant shall ultimately supply furnish Landlord with four (4) completed copies signed by Tenant of such Final Working DrawingsDrawings (or any particular component thereof, if applicable). Landlord shall, shall approve or disapprove the Final Working Drawings by giving written notice to Tenant within three fifteen (315) business days after receipt thereof. Landlord receives shall not unreasonably withhold or condition its approval of the Final Working Drawings, either (a) approve provided that, without limiting the Final Working Drawingsgenerality of the foregoing, (b) approve Landlord shall be entitled to withhold its consent to the Final Working Drawings subject to for any of the reasons specified conditions to be satisfied by Tenant prior to submitting the Approved Working Drawings for permits as set forth in clauses (a) through (d) of Section 2.4, below2.2.1 above, or (c) disapprove if in Landlord's good faith judgment, the Final Working Drawings and return them to Tenant with requested revisions; provided, however, that Landlord shall only be entitled to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above the Final Working Drawings if they are materially deviate from the Construction Drawingsinconsistent with, or for any of do not conform to, the following reasons: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem")Approved Space Plan. If Landlord disapproves the Final Working Drawings, Tenant may resubmit Landlord shall return the Final Working Drawings to Tenant with a detailed statement of Landlord's reasons for disapproval and/or specifying any required corrections or revisions. Landlord at Representative and Tenant Representative shall promptly make themselves available to discuss and resolve any timecomments or revisions, and the Final Working Drawings shall promptly be revised by Tenant to incorporate any agreed upon changes. In the event the parties cannot reach agreement and resolve all disputed matters relating to the Final Working Drawings, the parties shall continue to meet and confer and negotiate in good faith to reach agreement on any disputed matters. Landlord shall approve or disapprove of any such revisions to the resubmitted Final Working Drawings within two five (25) business days after receipt of such revisions. This procedure shall be repeated until Landlord receives such resubmitted approves (or is deemed to have approved as provided below) the Final Working Drawings (as so approved, the "Approved Construction Drawings"). If Landlord fails to respond in writing within fifteen (15) business days after the submission of the initial set of Final Working Drawings or within (5) business days after a submission of revisions to the Final Working Drawings, Tenant may send a second notice to Landlord, which notice must contain the following disclaimer in bold face, capitalized type: "NOTICE --SECOND REQUEST FOR CONSENT PURSUANT TO SECTION 2.2.2 OF THE WORK LETTER FOR THE 680 FOLSOM PREMISES --FAILURE TO TIMELY RESPOND WITHIN FIVE (5) BUSINESS DAYS AFTER RECEIPT OF THIS NOTICE MAY RESULT IN DEEMED APPROVAL OF TIlE FINAL WORK DRAWINGS FOR TENANT IMPROVEMENTS." If Landlord fails to respond in writing within five (5) business days after delivery of such second notice, the Final Working Drawings last submitted shall be deemed approved by Landlord. Concurrent with the approval of the Final Working Drawings, Landlord shall deliver a full and complete wet-stamped copy of the path of travel and ADA compliance drawings for the Building to Tenant's Architect. Tenant shall include provisions in its Design Professional Agreements (as defined in Section 2.2.3) which expressly allow Landlord to use any and all of the Approved Construction Drawings for the Tenant Improvements without any additional cost or payment if the Lease is terminated subject to Landlord agreeing to indemnify Tenant's Architect and Tenant's Engineers in question if Landlord elects to use any of the Approved Construction Drawings without retaining Tenant's Architect or Engineer for the portion of Tenant's Work covered by the Design Profession Agreement in question.
Appears in 1 contract
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers ---------------------- shall to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, engineering, structural, mechanical, electrical and plumbing working drawings for the Premises in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the "“Final Working Drawings"”) and shall submit the same to Landlord for Landlord's ’s approval. The , provided that, at Tenant’s option, the Final Working Drawings may be submitted prepared in one or more stages at one or more timestwo phases on a “design build” basis (first the architectural portion, then engineering drawings consistent with the previously provided architectural drawings), provided further that in such event both components shall be subject to Landlord’s approval. Tenant shall ultimately supply Landlord with four (4) completed copies signed by Tenant of such Final Working DrawingsDrawings (or any particular component thereof, if applicable). Landlord shall, shall advise Tenant within three ten (310) business days after Landlord receives the Final Working Drawings, either (a) approve the Final Working Drawings, (b) approve Landlord’s receipt of the Final Working Drawings subject to specified conditions to be satisfied by (or any particular component thereof, if applicable) for the Premises if the same is unsatisfactory or incomplete in any respect. If Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 2.4is so advised, below, or (c) disapprove Tenant shall immediately revise the Final Working Drawings (or any particular component thereof, if applicable) in accordance with such review and return them any disapproval of Landlord in connection therewith. Landlord may impose, as a condition of its consent to any and all Tenant with requested revisions; provided, however, that Landlord shall only be entitled to conditionally approve pursuant to item (b) above Improvements or disapprove pursuant to item (c) above the Final Working Drawings if they materially deviate from the Construction Drawings, or for any repairs of the following reasons: (i) an adverse effect on Premises or about the structural integrity Premises or otherwise, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that upon Landlord’s request, Tenant shall, at Tenant’s expense, remove such Tenant Improvements upon the expiration or any early termination of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem"). If Landlord disapproves the Final Working Drawings, Tenant may resubmit the Final Working Drawings to Landlord at any time, and Landlord shall approve or disapprove of the resubmitted Final Working Drawings within two (2) business days after Landlord receives such resubmitted Final Working DrawingsLease Term.
Appears in 1 contract
Sources: Office Lease (Cision Ltd.)
Final Working Drawings. After the Final Space Plan has been approved by Landlord and Tenant, Tenant shall promptly cause the Architect Design Professionals to complete and the Engineers ---------------------- shall complete the architecturalcompile a fully coordinated set of architectural and engineering drawings and specifications, engineeringas applicable, structural, mechanical, electrical and plumbing drawings for the Premises in a form which is complete incorporating the level of detail (a) necessary for Tenant to allow general contractors and subcontractors to bid on the Tenant Improvement work and to obtain all applicable permits for the Tenant Improvements, (b) necessary for the Tenant Improvements to be constructed in compliance with all applicable Laws, and (c) consistent with plans, drawings and specifications used to construct tenant improvements in a Class A multi-tenant office buildings in the Central Perimeter Market of Atlanta, Georgia (collectively, the "Final Working DrawingsFINAL WORKING DRAWINGS") ), and shall submit the same to Landlord for Landlord's approval. The Landlord shall advise Tenant within ten (10) days after Landlord's receipt of the proposed Final Working Drawings may if, in Landlord's reasonable discretion (except as provided below), the same are unsatisfactory or incomplete in any respect. Any notice of disapproval of the Final Working Drawings by Landlord shall include the reasons for Landlord's disapproval and a description of the revisions which would be submitted required in one order to obtain Landlord's approval. If Landlord fails to approve or more stages at one disapprove (in any respect) Tenant's proposed Final Working Drawings within said ten (10) day period and thereafter (a) Tenant delivers written notice to Landlord expressly stating in bold-faced capitalized letters that Landlord must either approve or more times, provided that Tenant shall ultimately supply disapprove Tenant's proposed Final Working Drawings within five (5) business days following the date Landlord with four receives such notice and (4b) completed copies signed by within said five (5) business day period Landlord does not deliver written notice to Tenant of such its approval or disapproval (in any respect) of Tenant's proposed Final Working Drawings, Landlord shall be deemed to have approved Tenant's proposed Final Working Drawings. If Landlord shall, within three (3) business days after Landlord receives advises Tenant that the proposed Final Working DrawingsDrawings are unsatisfactory or incomplete in any respect, either Tenant shall promptly (ai) approve the Final Working Drawings, (b) approve revise the Final Working Drawings subject to specified conditions to be satisfied by Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 2.4accordance with such review and any disapproval of Landlord in connection therewith, below, or (c) disapprove the Final Working Drawings and return them to Tenant with requested revisions; provided, however, that Landlord shall only be entitled to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above the Final Working Drawings if they materially deviate from the Construction Drawings, or for any of the following reasons: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem"). If Landlord disapproves the Final Working Drawings, Tenant may resubmit the deliver such revised Final Working Drawings to Landlord. Notwithstanding anything to the contrary herein, Landlord at may withhold its approval of any time, and Landlord shall approve or disapprove of the resubmitted proposed Final Working Drawings within two (2) business days after Landlord receives such resubmitted in Landlord's sole and absolute discretion with respect to any aspect of the proposed Final Working DrawingsDrawings that is inconsistent with the Final Space Plan or that may affect (a) the structural elements or components of the Building, or (b) any mechanical (including HVAC), electrical, plumbing, life safety, or sprinkler systems in or serving the Premises or any other part of the Building, (c) the exterior of the Building, or (d) the premises of any other tenant or occupant (including Landlord) of the Building.
Appears in 1 contract
Sources: Lease (Crawford & Co)
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the applicable portion of the Improvements, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers ---------------------- shall to complete the architectural and engineering drawings for the applicable portion of the Improvements, and Architect shall compile a fully coordinated set of EXHIBIT B -4- SEQUENCE TECHNOLOGY CENTER [Expansion and Extension Amendment] [DexCom, Inc.] architectural, engineering, structural, mechanical, electrical and plumbing working drawings for the Premises in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the "“Final Working Drawings"”) and shall submit the same to Landlord for Landlord's ’s approval. The Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply Landlord with four (4) completed copies signed by Tenant of such Final Working Drawings. Landlord shall, within three five (35) business days after Landlord receives Landlord’s receipt of all of the Final Working Drawings, either (ai) approve the Final Working Drawings, (bii) approve the Final Working Drawings subject to specified conditions, which conditions must be stated in a reasonably clear and complete manner, and shall only be conditions reasonably intended to be satisfied by Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 2.4, belowaddress a potential Design Problem, or (ciii) disapprove the Final Working Drawings and return them the Construction Drawings to Tenant with requested revisions; provided, however, that Landlord shall only be entitled to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above the such Final Working Drawings if they materially deviate from to the Construction Drawings, or for any extent of the following reasons: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem"). If Landlord disapproves the Final Working Drawings, Tenant may resubmit the Final Working Drawings to Landlord at any time, and Landlord shall approve or disapprove of the resubmitted Final Working Drawings Drawings, based upon the criteria set forth in this Section 3.3, within two three (23) business days after Landlord receives such resubmitted Final Working Drawings. Such procedure shall be repeated until the Final Working Drawings are approved.
Appears in 1 contract
Sources: Office Lease (Dexcom Inc)
Final Working Drawings. After the Final Space Plan has been approved by Landlord and Tenant, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers ---------------------- shall to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, engineering, structural, mechanical, electrical and plumbing working drawings for the Premises in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the "“Final Working Drawings"”) and shall submit the same to Landlord for Landlord's ’s approval, which shall not be unreasonably withheld, conditioned or delayed. The Final Working Drawings may be submitted in more than one or more stages at delivery (i.e., architectural/structural drawings in one or more timessubmission, provided that followed by “MEP” drawings as a separate submission). Tenant shall ultimately supply Landlord with four one (41) completed AutoCAD file and two (2) hard copies signed by Tenant of such the Final Working Drawings. Landlord shall, shall advise Tenant within three seven (37) business days after Landlord receives the Final Working Drawings, either (a) approve the Final Working Drawings, (b) approve Landlord’s receipt of the Final Working Drawings subject to specified conditions to be satisfied by Tenant prior to submitting for the Approved Working Drawings for permits as set forth in Section 2.4Premises if the same are approved, belowor, or (c) disapprove if the Final Working Drawings and return them to Tenant with requested revisions; providedare not reasonably satisfactory or are incomplete in any respect, howeverdisapproved, that in which event Landlord shall only be entitled include in its notice of disapproval a reasonably detailed explanation as to conditionally approve pursuant to item (bwhich items are not satisfactory or complete and the reason(s) above or disapprove pursuant to item (c) above therefor. If Tenant is so advised that the Final Working Drawings if they materially deviate from are not satisfactory or are in complete, representatives of both parties shall promptly make themselves available to discuss and resolve any such comments or revisions, and such documents shall promptly be revised by Tenant to incorporate any agreed-upon changes. In the Construction Drawingsevent the parties cannot reach agreement and resolve all disputed matters relating to any such documents, or for the parties shall promptly meet and confer and negotiate in good faith to reach agreement on any of the following reasons: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem")disputed matters. If Landlord disapproves the Final Working Drawings, Tenant may resubmit Such procedure shall be repeated until the Final Working Drawings to Landlord are approved. Notwithstanding the foregoing, Tenant may, at any timeTenant’s sole risk, and Landlord shall approve or disapprove of the resubmitted submit Final Working Drawings within two (2) business days after to applicable building departments for approval concurrently with its submission to Landlord receives such resubmitted Final Working Drawingsfor approval.
Appears in 1 contract
Sources: Lease (Proofpoint Inc)
Final Working Drawings. TenantAfter the Final Space Plan has been approved by Lessor, Lessee shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Lessor and Lessee, Lessee shall promptly cause the Architect and the Engineers ---------------------- shall to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, engineering, structural, mechanical, electrical and plumbing working drawings for the Premises with complete specifications in a form which is complete to allow subcontractors to bid on all of the work and to obtain all applicable permits (collectively, the "“Final Working Drawings"”) and shall submit the same to Landlord Lessor for Landlord's Lessor’s approval. The Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply Landlord with four (4) completed copies signed by Tenant Lessee of such Final Working Drawings. Landlord shall, Lessor shall advise Lessee within three seven (37) business days after Landlord receives Lessor’s receipt of the Final Working Drawings for the Premises if the same is reasonably unsatisfactory or incomplete in any respect. If Lessee is so advised, Lessee shall immediately revise the Final Working Drawings in accordance with such review and any disapproval of Lessor in connection therewith and submit the revised Final Working Drawings to Lessor no later than seven (7) business days after Lessor delivers its advice. If Lessor makes any objections to the Final Working Drawings, either (a) approve the Final Working Drawingsand provided such objections are reasonable, (b) approve the Final Working Drawings subject to specified conditions to be satisfied by Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 2.4, below, or (c) disapprove Lessee shall revise the Final Working Drawings and return them cause such objections to Tenant with requested revisions; provided, however, that Landlord shall only be entitled to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above remedied in the Final Working Drawings if they materially deviate from the Construction Drawings, or for any of the following reasons: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem"). If Landlord disapproves the revised Final Working Drawings, Tenant may resubmit the Final Working Drawings to Landlord at any time, and Landlord shall approve or disapprove of the resubmitted Final Working Drawings within . Within two (2) business days after Landlord Lessor receives such resubmitted the revised Final Working Drawings, Lessor shall approve or reasonably disapprove such revised Final Working Drawings. This procedure shall be repeated until the Final Working Drawings is finally approved by Lessor and written approval has been delivered to and received by Lessee. Lessor’s failure to advise timely shall be deemed approval.
Appears in 1 contract
Final Working Drawings. TenantAfter approving the Final Space Plan, Tenant shall cause the Architect and the Engineers ---------------------- shall complete to prepare and deliver to Landlord the architectural, engineering, structural, mechanical, electrical architectural and plumbing engineering drawings for the Premises Premises, and the final architectural working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the "Final Working Drawings") ), and that conform to the approved Final Space Plan. Such preparation and delivery shall submit the same to Landlord for Landlord's approval. The Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply Landlord with four occur within fifteen (4) completed copies signed by Tenant of such Final Working Drawings. Landlord shall, within three (315) business days after Landlord receives Landlord's approval of the Final Working Drawings, either (a) Space Plan. Landlord shall approve the Final Working Drawings, (b) approve the Final Working Drawings subject to specified conditions to be satisfied by Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 2.4, below, or (c) disapprove the Final Working Drawings and return them by notice to Tenant with requested revisions; provided, however, that Landlord shall only be entitled to conditionally approve pursuant to item within ten (b10) above or disapprove pursuant to item (c) above the Final Working Drawings if they materially deviate from the Construction Drawings, or for any business days after Landlord's receipt of the following reasons: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem")same. If Landlord disapproves the Final Working Drawings, Landlord's notice of disapproval shall specify any revisions Landlord desires in the Final Working Drawings. If Landlord timely and reasonably disapproves the Final Work Drawings in accordance with this Section 3.3, Tenant may shall cause the Architect and/or the Engineers to revise the Final Working Drawings, taking into account the reasons for Landlord’s disapproval (provided, however, that Tenant shall not be required to cause the Architect or the Engineers to make any revision to the Final Working Drawings that is inconsistent with the Approved Working Drawings or that Tenant otherwise reasonably disapproves), and resubmit the Final Working Drawings to Landlord at any timefor its approval. Such revision and resubmission shall occur within ten (10) business days after Tenant's receipt of Landlord’s timely notice of disapproval if such revision is not material, and within such longer period of time as may be reasonably necessary (but not more than fifteen (15) business days after such receipt by Tenant) if such revision is material. Notwithstanding the generality of the foregoing, Landlord may not disapprove of any Final Working Drawings proposed by Tenant unless the proposed Tenant Improvements would cause a Design Problem. Such procedure shall be repeated as necessary until Landlord has approved the Final Working Drawings. Tenant shall have the right to value-engineer the design of the Tenant Improvements in Tenant’s reasonable discretion as part of the process of negotiating the cost of construction of the Tenant Improvements with the Bidding Contractors. Landlord acknowledges that Tenant's value engineering efforts may result in additional revisions to the Final Working Drawings, and as long as such revisions do not cause a Design Problem, the Final Working Drawings shall be modified by the Architect to incorporate such requested changes, in accordance with the process set forth in this Section 3.3 until the Final Working Drawings are in a form which is complete for incorporation into the Construction Contract as the basis of the contract sum payable to the Contractor in accordance with Section 4.3.2 below; provided that Landlord's approval of the Final Working Drawings incorporating any Tenant-requested value-engineering changes shall not be withheld except in the case of a Design Problem. The Final Working Drawings approved by Landlord and Tenant (as modified in accordance with Section 3.4, below, in order for the appropriate municipal authorities to issue the Permits) are referred to in this Work Letter as the “Approved Working Drawings”. Without limiting the foregoing, if Landlord fails to timely approve or reasonably disapprove of the resubmitted Final Working Drawings within two ten (210) business days after Landlord receives such resubmitted Final Working Drawingsday following their submission by Tenant for Landlord's approval, the terms of Section 3.7, below, shall be applicable.
Appears in 1 contract
Sources: Lease (Nuvasive Inc)
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the "Final Working Drawings" (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers ---------------------- shall to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, engineering, structural, mechanical, electrical and plumbing working drawings for the Premises in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the "Final Working Drawings") and shall submit the same to Landlord for Landlord's approval. The Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply Landlord with four (4) completed hard copies signed by Tenant of the Final Working Drawings, and concurrently with Tenant's delivery of such hard copies, Tenant shall send to Landlord via electronic mail one (1) .pdf electronic copy of such Final Working Drawings. Landlord shall, shall advise Tenant within three ten (310) business days after Landlord receives the Final Working Drawings, either (a) approve the Final Working Drawings, (b) approve Landlord's receipt of the Final Working Drawings subject to specified conditions to be satisfied by for the Premises if the same is unsatisfactory or incomplete in any respect. If Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 2.4is so advised, below, or (c) disapprove Tenant shall immediately revise the Final Working Drawings in accordance with such review and return them to Tenant with requested revisions; providedany disapproval of Landlord in connection therewith. In addition, however, that Landlord shall only be entitled to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above if the Final Working Drawings or any amendment thereof or supplement thereto shall require alterations in the Base Building (as contrasted with the Tenant Improvements), and if they materially deviate from the Construction DrawingsLandlord in its sole and exclusive discretion agrees to any such alterations, or for any and notifies Tenant of the following reasons: (i) an adverse effect on need and cost for such alterations, then Tenant shall pay the structural integrity cost of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment such required changes in advance upon receipt of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem")notice thereof. If Landlord disapproves the Final Working Drawings, Tenant may resubmit the Final Working Drawings to Landlord at any time, and Landlord shall approve or disapprove of the resubmitted Final Working Drawings within two (2) business days after Landlord receives such resubmitted Final Working Drawingspay all direct architectural and/or engineering fees in connection therewith.
Appears in 1 contract
Sources: Office Lease (8x8 Inc /De/)
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, fire-suppression system requirements, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the "Final Working Drawings" (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers ---------------------- shall to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, engineering, structural, mechanical, electrical and plumbing working drawings for the Premises in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the "Final Working Drawings") and shall submit the same to Landlord for Landlord's approval. The Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply Landlord with four (4) completed copies signed by Tenant of such Final Working Drawings. Landlord shall, within three (3) business days after Landlord receives the Final Working Drawings, either (a) approve the Final Working Drawings, (b) approve the Such Final Working Drawings subject to specified conditions to shall be satisfied approved by Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 2.4Landlord, belowwhich approval shall not be unreasonably withheld, conditioned or (c) disapprove the Final Working Drawings and return them to Tenant with requested revisionsdelayed; provided, however, that it shall be deemed reasonable for Landlord shall only be entitled to conditionally approve pursuant withhold its consent to item (b) above any proposed Tenant Improvements or disapprove pursuant to item (c) above aspect of the Final Working Drawings if they materially deviate from in the Construction Drawings, or for any of event the following reasons: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, same causes a "Design Problem"). If Landlord disapproves the Final Working Drawings, shall advise Tenant may resubmit within ten (10) business days after Landlord's receipt of the Final Working Drawings to Landlord at for the Premises if the same is unsatisfactory or incomplete in any timerespect. If Tenant is so advised, and Landlord Tenant shall approve or disapprove of immediately revise the resubmitted Final Working Drawings within two (2) business days after in accordance with such review and any disapproval of Landlord receives such resubmitted in connection therewith. In addition, if the Final Working DrawingsDrawings or any amendment thereof or supplement thereto shall require alterations in the Base Building (as contrasted with the Tenant Improvements), and such alterations are not required to comply with changes to the Code that become effective after the date of this Work Letter and if Landlord in its sole and exclusive discretion agrees to any such alterations, and notifies Tenant of the need and cost for such alterations, then (i) Tenant shall pay the cost of such required changes in advance upon receipt of notice thereof, and (ii) Tenant shall pay all direct architectural and/or engineering fees in connection therewith.
Appears in 1 contract
Sources: Lease (Veeco Instruments Inc)
Final Working Drawings. Within thirty (30) days following Landlord’s approval of the Space Plans, Tenant shall cause Tenant, the ’s Architect and the Engineers ---------------------- shall to prepare and submit for Landlord’s approval complete the and detailed construction plans and specifications, including a fully coordinated set of architectural, engineering, structural, mechanical, electrical electrical, plumbing, HVAC, life safety and plumbing sprinkler working drawings for the Premises Tenant Improvement Work, in a form which is sufficiently complete to allow permit subcontractors to bid on the work and to obtain all applicable permits (collectively, the "“Final Working Drawings") and shall submit the same to Landlord for Landlord's approval”). The Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply furnish Landlord with four (4) completed copies signed by Tenant of such Final Working Drawings. Landlord shall, shall approve or disapprove the Final Working Drawings by giving written notice to Tenant within three ten (310) business days after receipt thereof. Landlord receives shall not unreasonably withhold or delay its approval of the Final Working Drawings, either (a) approve provided that, without limiting the Final Working Drawingsgenerality of the foregoing, (b) approve Landlord shall be entitled to withhold its consent to the Final Working Drawings subject to for any of the reasons specified conditions to be satisfied by Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 2.4, below3.2 above, or (c) disapprove if in Landlord’s good faith judgment, the Final Working Drawings and return them to Tenant with requested revisions; provided, however, that Landlord shall only be entitled to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above the Final Working Drawings if they materially deviate from the Construction Drawingsare inconsistent with, or for any of do not conform to, the following reasons: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem")Space Plans. If Landlord disapproves the Final Working Drawings, Tenant may resubmit Landlord shall return the Final Working Drawings to Landlord at Tenant with a statement of Landlord’s reasons for disapproval and/or specifying any time, and required corrections or revisions. Landlord shall approve or disapprove of any such revisions to the resubmitted Final Working Drawings within two five (25) business days after receipt of such revisions. This procedure shall be repeated until Landlord receives such resubmitted approves the Final Working Drawings (as so approved, the “Approved Working Drawings”).
Appears in 1 contract
Final Working Drawings. Following Landlord’s approval of the Space Plans, Tenant shall cause Tenant, the ’s Architect and the Engineers ---------------------- shall to prepare and submit for Landlord’s approval complete the and detailed construction plans and specifications, including a fully coordinated set of architectural, engineering, structural, mechanical, electrical electrical, plumbing, HVAC, life safety and plumbing sprinkler working drawings for the Premises Tenant Improvement Work, in a form which is sufficiently complete to allow permit subcontractors to bid on the work and to obtain all applicable permits (collectively, the "“Final Working Drawings") and shall submit the same to Landlord for Landlord's approval”). The Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply furnish Landlord with four (4) completed copies signed by Tenant of such Final Working Drawings. Landlord shall, shall approve or disapprove of the Final Working Drawings by giving written notice to Tenant within three (3) 5 business days after receipt thereof. Landlord receives shall not unreasonably withhold, condition, or delay its approval of the Final Working Drawings, either (a) approve provided that, without limiting the Final Working Drawingsgenerality of the foregoing, (b) approve Landlord shall be entitled to withhold its consent to the Final Working Drawings subject to for any of the reasons specified conditions to be satisfied by Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 2.42.2 above. In addition, belowthe Landlord shall have the right to approve (in Landlord’s reasonable, or (cgood faith judgment) disapprove any portion of the Final Working Drawings and return them to Tenant with requested revisions; provided, however, that Landlord shall only be entitled to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above the Final Working Drawings if they are materially deviate from the Construction Drawingsinconsistent with, or for any of do not materially conform to, the following reasons: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem")Space Plans. If Landlord disapproves the Final Working Drawings, Tenant may resubmit Landlord shall return the Final Working Drawings to Landlord at Tenant with a statement of Landlord’s reasons for disapproval and/or specifying any time, and required corrections or revisions. Landlord shall approve or disapprove of any such revisions to the resubmitted Final Working Drawings within two seven (27) business days after receipt of such revisions. This procedure shall be repeated until Landlord receives such resubmitted approves the Final Working Drawings (as so approved, the “Approved Working Drawings”). ▇▇▇▇▇▇▇▇ acknowledges and agrees that the Tenant Improvements may include, without limitation, the installation of a gas pad and central utility plant and, subject to Landlord’s approval of final plans therefor, hereby consents to such improvements.
Appears in 1 contract
Final Working Drawings. Tenant shall cause Tenant, the 's Architect and the Engineers ---------------------- shall to prepare and submit for Landlord's approval complete the and detailed construction plans and specifications, including a fully coordinated set of architectural, engineering, structural, mechanical, fire protection, electrical and plumbing working drawings for the Premises Tenant Improvement Work, in a form which is sufficiently complete to allow permit subcontractors to bid on the work and to work, obtain all applicable permits required Permits (collectively, as hereinafter defined) and commence construction (the "Final Working Drawings") and shall submit the same to Landlord for Landlord's approval). The Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply furnish Landlord with four (4) completed copies signed by Tenant of such Final Working Drawings. Landlord shall, shall approve or disapprove of the Final Working Drawings by giving written notice to Tenant within three seven (37) business days after receipt thereof. Landlord receives shall not unreasonably withhold or delay its approval of the Final Working Drawings, either (a) approve provided that, without limiting the Final Working Drawingsgenerality of the foregoing, (b) approve Landlord shall be entitled to withhold its consent to the Final Working Drawings subject to for any of the reasons specified conditions to be satisfied by Tenant prior to submitting the Approved Working Drawings for permits as set forth in clauses (a) through (e) of Section 2.4, below3.2 above, or (c) disapprove if in Landlord's good faith judgment, the Final Working Drawings and return them to Tenant with requested revisions; provided, however, that Landlord shall only be entitled to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above the Final Working Drawings if they materially deviate from the Construction Drawingsare inconsistent with, or for any of do not conform to, the following reasons: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem")Space Plans. If Landlord disapproves the Final Working Drawings, Tenant may resubmit Landlord shall return the Final Working Drawings to Landlord at Tenant with a statement of Landlord's reasons for disapproval and/or specifying any time, and required corrections or revisions. Landlord shall approve or disapprove of any such revisions to the resubmitted Final Working Drawings within two five (25) business days after receipt of such revisions. This procedure shall be repeated until Landlord receives such resubmitted approves the Final Working Drawings (as so approved, the "Approved Working Drawings").
Appears in 1 contract
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the Final Working Drawings (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers ---------------------- shall to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, engineering, structural, mechanical, electrical and plumbing working drawings for the Premises in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the "“Final Working Drawings"”) and shall submit the same to Landlord for Landlord's ’s approval. The Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply Landlord with four (4) completed hard copies signed by Tenant of the Final Working Drawings, and concurrently with Tenant’s delivery of such hard copies, Tenant shall send to Landlord via electronic mail one (1) .pdf electronic copy of such Final Working Drawings. Landlord shall, shall advise Tenant within three fifteen (315) business days after Landlord receives the Final Working Drawings, either (a) approve the Final Working Drawings, (b) approve Landlord’s receipt of the Final Working Drawings subject to specified conditions to be satisfied by Tenant prior to submitting for the Approved Working Drawings for permits as set forth Premises if the same is unsatisfactory or incomplete in Section 2.4, below, or (c) disapprove the Final Working Drawings and return them to Tenant with requested revisions; provided, however, that Landlord shall only be entitled to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above the Final Working Drawings if they materially deviate from the Construction Drawings, or for any of the following reasons: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem")respect. If Landlord disapproves the Final Working Drawings, then Landlord shall state in reasonable detail the changes which Landlord requires to be made thereto. If Tenant may resubmit is so advised, Tenant shall immediately revise the Final Working Drawings to in accordance with such review and any disapproval of Landlord at any time, and in connection therewith. Landlord shall approve give Tenant written notice of its approval or disapprove disapproval of the resubmitted revised Final Working Drawings within two five (25) business days after the date of Landlord’s receipt thereof (unless additional time is reasonably required due to the nature of the revisions, in which event Landlord receives shall inform Tenant, within such resubmitted 5-business day period, of the need for additional time and Landlord shall thereafter diligently complete its review of such Final Working Drawings as quickly as reasonably practical). If Landlord disapproves the revised Final Working Drawings, then Landlord and Tenant shall continue to follow the procedures set forth in this Section 3.4 until Landlord approves such Final Working Drawings. If Landlord neither expressly approves nor disapproves the Final Working Drawings or the revised Final Working Drawings within the applicable time periods provided above, Tenant may provide written notice of such failure to Landlord and if Landlord thereafter fails to approve or disapprove the Final Working Drawings or the revised Final Working Drawings within three (3) business days after Landlord’s receipt of such notice, then Landlord will be deemed to have approved such iteration of the Final Working Drawings or revised Final Working Drawings.
Appears in 1 contract
Sources: Office Lease (Box Inc)
Final Working Drawings. After the Final Space Plan has been approved by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers ---------------------- shall to complete the architectural and engineering drawings for the Premises, and cause the Architect to compile a fully coordinated set of architectural, engineering, structural, mechanical, electrical and plumbing working drawings for the Premises in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits for the Tenant Improvements (collectively, the "“Final Working Drawings") ”), and shall submit the same to Landlord for Landlord's ’s approval. The Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply Landlord with four (4) completed copies signed by Tenant of such Final Working Drawings. Landlord shall, shall advise Tenant within three five (35) business days after Landlord receives the Final Working Drawings, either (a) approve the Final Working Drawings, (b) approve Landlord’s receipt of the Final Working Drawings subject for the Premises that the same is unsatisfactory or incomplete, and if unsatisfactory or incomplete, describing what is necessary to specified conditions make them satisfactory or complete with detail sufficient to be satisfied by Tenant prior enable the Architects and Engineers to submitting the Approved Working Drawings for permits as set forth in Section 2.4, below, or (c) disapprove the Final Working Drawings and return them to Tenant with requested revisions; provided, however, that Landlord shall only be entitled to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above the Final Working Drawings if they materially deviate from the Construction Drawings, or for any of the following reasons: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem")make corrections. If Landlord disapproves fails to respond to Tenant within five (5) business days after Landlord’s receipt of the Final Working Drawings, Tenant may resubmit shall send to Landlord written notice that Landlord failed to respond within such five (5) business days and this written notice shall contain the following statement: “IF LANDLORD FAILS TO TIMELY RESPOND TO THIS NOTICE WITHIN TWO (2) BUSINESS DAYS AFTER ITS RECEIPT OF THIS NOTICE, THE FINAL WORKING DRAWINGS SHALL BE DEEMED APPROVED UNLESS LANDLORD RESPONDS THAT THE SAME IS UNSATISFACTORY OR INCOMPLETE, DESCRIBING WHAT IS NECESSARY TO MAKE THEM SATISFACTORY OR COMPLETE WITH DETAIL SUFFICIENT TO ENABLE THE ARCHITECTS AND ENGINEERS TO MAKE CORRECTIONS.” If Tenant is so advised within the time provided, Tenant shall promptly (i) revise the Final Working Drawings to in accordance with such review and any reasonable disapproval of Landlord at any timein connection therewith, and Landlord shall approve or disapprove of the resubmitted (ii) deliver such revised Final Working Drawings within two (2) business days after Landlord receives such resubmitted to Landlord, and so long as the Final Working DrawingsDrawings reflect the corrections reasonably requested by Landlord, they shall be deemed approved.
Appears in 1 contract
Sources: Lease (Conatus Pharmaceuticals Inc.)
Final Working Drawings. After a Final Space Plan has been approved by Landlord and Tenant, Tenant shall cause the Architect and the Engineers ---------------------- shall to complete the architectural and engineering drawings for the applicable portion of the Premises, and cause the Architect to compile a fully coordinated set of architectural, engineering, structural, mechanical, electrical and plumbing working drawings for the Premises in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits for the applicable Tenant Improvements for such portion of the Premises (collectively, with respect to each particular portion of the Premises, the "Final Working Drawings") ), and shall submit the same to Landlord for Landlord's approval. The Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply Landlord with four (4) completed copies signed by Tenant of such Final Working DrawingsDrawings for each particular portion of the Premises for Landlord's approval, which approval shall not be unreasonably withheld. Landlord shall, shall advise Tenant within three five (35) business days after Landlord receives the Final Working Drawings, either (a) approve the Final Working Drawings, (b) approve Landlord's receipt of the Final Working Drawings subject to specified conditions to be satisfied by Tenant prior to submitting for each particular portion of the Approved Working Drawings for permits as set forth Premises if the same is unsatisfactory or incomplete in Section 2.4, belowany respect, or (cdisapproved, in which event Landlord shall include in its notice of disapproval a reasonably detailed explanation as to which items are not satisfactory or complete and the reason(s) disapprove therefor. If Tenant is so advised that the Final Working Drawings and return them to are not satisfactory or complete, Tenant with requested revisions; provided, however, that Landlord shall only be entitled to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above promptly revise the Final Working Drawings if they materially deviate from the Construction Drawings, or for in accordance with such review and any disapproval of the following reasons: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem"). If Landlord disapproves the Final Working Drawings, Tenant may resubmit the Final Working Drawings to Landlord at any timein connection therewith, and Landlord shall approve or disapprove of the resubmitted Final Working Drawings Drawings, based upon the criteria set forth in this Section 3.3, within two five (25) business days after Landlord receives such resubmitted Final Working Drawings. Such procedure shall be repeated until the Final Working Drawings are approved. Landlord will notify Tenant concurrently with Landlord's initial review of the Final Work Drawings whether any new elements of the Tenant Improvements identified in the Final Working Drawings and not previously shown in the Final Space Plan constitute Specialty Alterations be required to be removed (for avoidance of doubt, Landlord may not specify any item which was identified in the Final Space Plan but not so noted by Landlord during Landlord's review of the Final Space Plan unless Landlord reasonably demonstrates that the Final Space Plan described such items in insufficient detail to allow Landlord to make a determination as to whether such item was a Specialty Alteration).
Appears in 1 contract
Sources: Lease Agreement (Penumbra Inc)
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the applicable portion of the Improvements, to enable the Engineers and the Architect to complete the "Final Working Drawings" (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers ---------------------- shall to complete the architectural and engineering drawings for the applicable portion of the Improvements, and Architect shall compile a fully coordinated set of architectural, engineering, structural, mechanical, electrical and plumbing working drawings for the Premises in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the "Final Working Drawings") and shall submit the same to Landlord for Landlord's approval. The Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately EXHIBIT B -6- SEQUENCE TECHNOLOGY CENTER [Expansion and Extension Amendment] [DexCom, Inc.] supply Landlord with four (4) completed copies signed by Tenant of such Final Working Drawings. Landlord shall, within three five (35) business days after Landlord receives Landlord's receipt of all of the Final Working Drawings, either (ai) approve the Final Working Drawings, (bii) approve the Final Working Drawings subject to specified conditions, which conditions must be stated in a reasonably clear and complete manner, and shall only be conditions reasonably intended to be satisfied by Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 2.4, belowaddress a potential Design Problem, or (ciii) disapprove the Final Working Drawings and return them the Construction Drawings to Tenant with requested revisions; provided, however, that Landlord shall only be entitled to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above the such Final Working Drawings if they materially deviate from to the Construction Drawings, or for any extent of the following reasons: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem"). If Landlord disapproves the Final Working Drawings, Tenant may resubmit the Final Working Drawings to Landlord at any time, and Landlord shall approve or disapprove of the resubmitted Final Working Drawings Drawings, based upon the criteria set forth in this Section 3.3, within two three (23) business days after Landlord receives such resubmitted Final Working Drawings. Such procedure shall be repeated until the Final Working Drawings are approved.
Appears in 1 contract
Sources: Office Lease (Dexcom Inc)
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, Title 24 calculations, electrical requirements and special electrical receptacle requirements for the Expansion Premises, to enable the Engineers and the Architect to complete the "Final Working Drawings" (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers ---------------------- shall to complete the architectural and engineering drawings for the Expansion Premises, and Architect shall compile a fully coordinated set of architectural, engineering, structural, mechanical, electrical and plumbing working drawings for the Premises in a form which is sufficiently complete to allow subcontractors all of Tenant's Agents to bid on the work and to obtain all applicable permits (collectively, the "Final Working Drawings") and shall submit the same to Landlord for Landlord's approval, which shall not be unreasonably withheld, conditioned, or delayed. The Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply Landlord with four (4) completed copies signed by Tenant of such Final Working Drawings. Landlord shall, shall advise Tenant within three ten (310) business days after Landlord receives the Final Working Drawings, either (a) approve the Final Working Drawings, (b) approve ▇▇▇▇▇▇▇▇'s receipt of the Final Working Drawings subject to specified conditions for the Expansion Premises if the same is unsatisfactory or incomplete in any respect. If Tenant is so advised, Tenant shall promptly cause the Final Working Drawings to be satisfied by Tenant prior revised in accordance with such review and any disapproval of Landlord in connection therewith. If Landlord fails to submitting the Approved Working Drawings for permits as set forth in Section 2.4, below, approve or (c) disapprove the Final Working Drawings within such ten (10) business day period, then Tenant may send Landlord a reminder notice setting forth such failure (which reminder notice shall include a copy of such Final Working Drawings) and return them to Tenant with requested revisions; providedcontaining the following sentence at the top of such notice in bold, however, that Landlord shall only be entitled to conditionally approve pursuant to item capitalized font at least twelve (b12) above or disapprove pursuant to item points in size: "LANDLORD'S FAILURE TO RESPOND TO THIS NOTICE WITHIN FIVE (c5) above BUSINESS DAYS SHALL RESULT IN LANDLORD'S DEEMED APPROVAL OF THE FINAL WORKING DRAWINGS" (the "Final Working Drawings if they materially deviate from the Construction Drawings, or for any of the following reasons: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design ProblemReminder Notice"). If Landlord disapproves the Final Working Drawings, Tenant may resubmit fails to respond with its approval or disapproval within five (5) business days after its receipt of the Final Working Drawings to Landlord at any timeReminder Notice, and Landlord shall approve or disapprove of then the resubmitted Final Working Drawings within two (2) business days after Landlord receives such resubmitted Final Working Drawingsshall be deemed approved by Landlord.
Appears in 1 contract
Sources: Lease (BioAtla, Inc.)
Final Working Drawings. Tenant, the Architect and the Engineers shall prepare or ---------------------- reasonably complete set of architectural and engineering drawings for the Tenant Improvements to be constructed in the Premises, and Architect shall compile a reasonably complete the coordinated set of architectural, engineering, structural, mechanical, electrical and plumbing working drawings for the Premises in a form which is sufficiently complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the "Final Working Drawings") and shall submit the same to Landlord for Landlord's approval. The Final Working Drawings may be submitted in one or more stages at one or more times, ,provided that Tenant shall ultimately supply Landlord with four (4) completed copies signed by Tenant of such Final Working Drawings. Landlord shall, within three Within ten (310) business days after Landlord receives following Landlord's receipt of the Final Working Drawings, Landlord shall either (a) approve or disapprove the Final Working Drawings, (b) approve the Final Working Drawings subject to specified conditions to be satisfied by Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 2.4, below, or (c) disapprove the Final Working Drawings and return them to Tenant with requested revisions; provided, however, provided that Landlord shall may only be entitled to conditionally approve pursuant to item (b) above disapprove or disapprove pursuant to item (c) above the Final Working Drawings if they materially deviate from the Construction Drawings, or for any condition its approval of the following reasons: same for (i) an adverse effect affect on the structural integrity of the Building; (ii) non-compliance with applicable lawsApplicable Laws; (iii) an adverse effect affect on the systems Systems and equipment of the BuildingEquipment; or (iv) an adverse effect affect on the exterior appearance of the Building Building; (individually or collectively, a "Design Problem"). If Landlord disapproves the Final Working Drawings, Landlord shall specify in reasonable detail the corrections required to rectify the Design Problem or Design Problems, as the case may be, and Tenant may resubmit shall make the changes necessary in order to correct the Design Problem or Design Problems and deliver the revised Final Working Drawings to Landlord at any time, and Landlord. Landlord shall either approve or disapprove of the resubmitted revised Final Working Drawings. If Landlord again disapproves the revised Final Working Drawings, Tenant shall make the changes necessary in order to correct the Design Problem or Design Problems and deliver the revised Final Working Drawings within two (2) business days after Landlord receives such resubmitted Final Working Drawingsto Landlord.
Appears in 1 contract
Final Working Drawings. TenantBased on the Final Space Plan, Tenant shall cause the Architect and Landlord shall cause the Engineers ---------------------- shall to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, engineering, structural, EXHIBIT “C” T▇▇▇▇▇ ▇▇▇▇▇ COURT, LA JOLLA mechanical, electrical and plumbing working drawings for the Premises in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the "“Final Working Drawings"”) and shall submit the same concurrently (i) to Landlord for Landlord's approval. The Final Working Drawings may be submitted ’s approval and (ii) on or before the date set forth therefor in one or more stages at one or more timesSchedule 1, provided to the applicable local governmental agency for all applicable building permits necessary to allow “Contractor,” as that term is defined in Section 4.1 of this Work Letter Agreement, to commence and fully complete the construction of the Tenant shall ultimately supply Landlord with four Improvements (4) completed copies signed by Tenant of such Final Working Drawingscollectively, the “Permits”). Landlord shall, within three (3) business days after Landlord receives the Final Working Drawings, either (a) shall approve the Final Working Drawings, (b) approve the Final Working Drawings subject to specified conditions to be satisfied by Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 2.4, below, or (c) reasonably disapprove the Final Working Drawings or any revisions thereto within five (5) business days after Tenant delivers the Final Working Drawings or such revisions to Landlord (and return them to any delay by Landlord in so responding shall not be a Tenant with requested revisions; providedDelay). For purposes of this Section 3.3, however, that Landlord shall only be entitled able to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above “reasonably disapprove” if in the Landlord’s reasonable determination the Final Working Drawings (a) are inconsistent with the Final Space Plan or (b) if they materially deviate from the Construction Drawingsimplemented, or for any of the following reasons: (i) an adverse effect on would impact the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on . In the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem"). If event Landlord disapproves requires any changes to the Final Working Drawings, then Tenant may shall make such changes and resubmit the same to Landlord for Landlord’s approval within five (5) business days of Tenant’s receipt of Landlord’s changes. This procedure shall be repeated until the Final Working Drawings to Landlord at any time, and Landlord shall approve or disapprove of the resubmitted Final Working Drawings within two (2) business days after Landlord receives such resubmitted Final Working Drawingsare approved by Landlord.
Appears in 1 contract
Final Working Drawings. Following Landlord’s approval of the Space Plans, Tenant shall cause Tenant, the ’s Architect and the Engineers ---------------------- shall to prepare and submit for Landlord’s approval complete the and detailed construction plans and specifications, including a fully coordinated set of architectural, engineering, structural, mechanical, electrical electrical, plumbing, HVAC, life safety and plumbing sprinkler working drawings for the Premises Tenant Improvement Work for such Phase, in a form which is sufficiently complete to allow permit subcontractors to bid on the work and to obtain all applicable permits (collectively, the "“Final Working Drawings") and shall submit the same to Landlord for Landlord's approval”). The Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply furnish Landlord with four (4) completed copies signed by Tenant of such Final Working Drawings. Landlord shall, shall approve or disapprove of the Final Working Drawings by giving written notice to Tenant within three ten (310) business days after receipt thereof. Landlord receives shall not unreasonably withhold or delay its approval of the Final Working Drawings, either (a) approve provided that, without limiting the Final Working Drawingsgenerality of the foregoing, (b) approve Landlord shall be entitled to withhold its consent to the Final Working Drawings subject to for any of the reasons specified conditions to be satisfied by Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 2.4, below3.2 above, or (c) disapprove if in Landlord’s good faith judgment, the Final Working Drawings and return them to Tenant with requested revisions; provided, however, that Landlord shall only be entitled to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above the Final Working Drawings if they materially deviate from the Construction Drawingsare inconsistent with, or for any of do not conform to, the following reasons: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem")Space Plans. If Landlord disapproves the Final Working Drawings, Tenant may resubmit Landlord shall return the Final Working Drawings to Landlord at Tenant with a statement of Landlord’s reasons for disapproval and/or specifying any time, and required corrections or revisions. Landlord shall approve or disapprove of any such revisions to the resubmitted Final Working Drawings within two five (25) business days after receipt of such revisions. This procedure shall be repeated until Landlord receives such resubmitted approves the Final Working Drawings (as so approved, the “Approved Working Drawings”).
Appears in 1 contract
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers ---------------------- shall to complete the architectural and engineering drawings for the Premises, and Architect shall compile architectural, engineering, structural, mechanical, electrical and plumbing working drawings for the Premises in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (which may be done by subspecialty if such subspecialty will be separately permitted by the City) (collectively, the "“Final Working Drawings"”) and shall submit the same to Landlord for Landlord's ’s approval. The Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply Landlord with four (4) completed copies signed by Tenant of such Final Working Drawings. Landlord shall, within three ten (310) business days after Landlord receives Landlord’s receipt of the Final Working Drawings, either (ai) approve the Final Working Drawings, (bii) approve the Final Working Drawings subject to specified conditions to be satisfied by Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 2.43.4, below, or (ciii) disapprove the Final Working Drawings and return them the same to Tenant with detailed requested revisions; provided, however, that Landlord shall only be entitled to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above the Final Working Drawings if they materially deviate from the Construction Drawings, or for any of the following reasons: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem"). If Landlord disapproves the Final Working Drawings, Tenant may shall resubmit the Final Working Drawings to Landlord at any timeLandlord, and Landlord shall approve or disapprove of the resubmitted Final Working Drawings (except that Landlord’s disapproval of the Final Working Drawings, as resubmitted, shall be final), within two five (25) business days after Landlord receives such resubmitted Final Working Drawings. If Tenant is so advised, Tenant shall immediately revise the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith. In addition, if the Final Working Drawings or any amendment thereof or supplement thereto shall require alterations in the Base Building (as contrasted with the Tenant Improvements), and if Landlord in its sole and exclusive discretion agrees to any such alterations, and notifies Tenant of the need and cost for such alterations, then Tenant shall pay, at its sole cost and expense, the cost of such required changes upon receipt of bills therefor.
Appears in 1 contract
Sources: Office Lease (Favrille Inc)
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers EXHIBIT B -5- and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers ---------------------- shall to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, engineering, structural, mechanical, electrical and plumbing working drawings for the Premises in a form which is complete to allow subcontractors all of Tenant’s Agents to bid on the work and to obtain all applicable permits (collectively, the "“Final Working Drawings"”) and shall submit the same to Landlord for Landlord's ’s approval. The , which Final Working Drawings may be submitted in one or more stages at one or more times, provided that shall include the determination by the Architect of the rentable and usable square footage of the Building B Substitute Premises. Tenant shall ultimately supply Landlord with four (4) completed copies signed by Tenant of such Final Working Drawings, including one (1) copy in an AutoCAD Computer Assisted Drafting and Design System format. Landlord shall, shall advise Tenant within three ten (310) business days after Landlord receives the Final Working Drawings, either (a) approve the Final Working Drawings, (b) approve Landlord’s receipt of the Final Working Drawings subject to specified conditions to be satisfied by for the Premises if the same is unsatisfactory or incomplete in any respect. If Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 2.4is so advised, below, or (c) disapprove Tenant shall immediately revise the Final Working Drawings in accordance with such review and return them to Tenant with requested revisions; providedany disapproval of Landlord in connection therewith. In addition, however, that Landlord shall only be entitled to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above if the Final Working Drawings or any amendment thereof or supplement thereto shall require alterations in the Base Building (as contrasted with the Tenant Improvements), and if they materially deviate from the Construction DrawingsLandlord in its sole and exclusive discretion agrees to any such alterations, or for any and notifies Tenant of the following reasons: need and cost for such alterations, then Tenant shall pay the cost of such required changes in advance upon receipt of notice thereof. Tenant shall pay all direct architectural and/or engineering fees in connection therewith, plus fifteen percent (i15%) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems such direct costs for Landlord’s servicing and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem"). If Landlord disapproves the Final Working Drawings, Tenant may resubmit the Final Working Drawings to Landlord at any time, and Landlord shall approve or disapprove of the resubmitted Final Working Drawings within two (2) business days after Landlord receives such resubmitted Final Working Drawingsoverhead.
Appears in 1 contract
Sources: Office Lease
Final Working Drawings. Tenant, the Architect Lessor and the Engineers ---------------------- its architect and engineers shall complete the architectural, engineering, structural, mechanical, electrical architectural and plumbing engineering drawings for the Premises Premises. The final architectural working drawings shall be in a form which is complete to allow subcontractors to bid on the work Premises Work and to obtain all applicable permits (collectively, the "“Final Working Drawings"”) and shall submit the same to Landlord County for Landlord's County’s approval, such approval not to be unreasonably withheld, conditioned or delayed. The County shall approve or reasonably disapprove any draft of the Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply Landlord with four within seven (4) completed copies signed by Tenant of such Final Working Drawings. Landlord shall, within three (37) business days after Landlord receives the Final Working Drawings, either (a) approve the Final Working Drawings, (b) approve the Final Working Drawings subject to specified conditions to be satisfied by Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 2.4, below, or (c) disapprove the Final Working Drawings and return them to Tenant with requested revisionsCounty’s receipt thereof; provided, however, that Landlord (i) County shall only not be entitled to conditionally approve pursuant to item (b) above disapprove any portion, component or disapprove pursuant to item (c) above aspect of the Final Working Drawings which are consistent with the Final Space Plan unless (a) County agrees to pay for the additional cost (if they materially deviate any) resulting from such change in the Construction Drawings, or for any Final Space Plan as part of the following reasons: over-allowance amount pursuant to Section 2 below, and (ib) an adverse effect on County agrees that any such delays caused by such change(s) shall be deemed a delay caused by the structural integrity County for all purposes of this Work Letter and the Building; Lease, and (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment any disapproval of the Building; or (iv) an adverse effect on the exterior appearance Final Working Drawings by County shall be accompanied by a detailed written explanation of the Building reasons for County’s disapproval. Failure of County to reasonably disapprove any draft of the Final Working Drawings within said seven (individually or collectively, a "Design Problem")7) business day period shall be deemed to constitute County’s approval thereof. If Landlord disapproves This process shall be repeated until the Final Working Drawings have been approved; it being agreed that County’s right to raise objections (following County’s DocuSign Envelope ID: 9A52F253-B5A9-4D62-B680-9723CDF6563B initial objections to ▇▇▇▇▇▇’s first submission of the Final Working Drawings, Tenant may resubmit ) shall be limited to (a) the revisions made to the previous submission of the Final Working Drawings in order to Landlord at any time, and Landlord shall approve address County’s prior objections or disapprove changes which are derivative of changes resulting from such prior objections and/or (b) revisions to design elements not previously a part of the resubmitted Final Working Drawings within two (2) business days after Landlord receives such resubmitted previously submitted to County. The Final Working Drawings, as approved by Lessor and County, may be referred to herein as the “Approved Working Drawings.” County shall make no changes or modifications to the Final Space Plan or the Approved Working Drawings without the prior written consent of Lessor, which consent may be withheld in Lessor’s sole discretion if such change or modification would directly or indirectly delay the Substantial Completion of the Work or increase the cost of designing or constructing the Work. Lessor shall promptly submit the Approved Working Drawings to the appropriate municipal authorities for all applicable building permits necessary to allow Contractor as that term is defined in Section 3, below, to commence and fully complete the construction of the Work (the “Permits”). County shall cooperate with Lessor in promptly executing permit applications and performing other ministerial acts reasonably necessary to enable Lessor to obtain any such permit or certificate of occupancy. No changes, modifications or alterations in the Approved Working Drawings may be made without the prior written consent of Lessor, provided that Lessor may withhold its consent, in its sole discretion, to any change in the Approved Working Drawings if such change would directly or indirectly delay the Substantial Completion of the Premises Work.
Appears in 1 contract
Sources: Lease Agreement
Final Working Drawings. Following Landlord’s approval of the Space Plans, Tenant shall cause Tenant, the ’s Architect and the Engineers ---------------------- shall to prepare and submit for Landlord’s approval complete the and detailed construction plans and specifications, including a fully coordinated set of architectural, engineering, structural, mechanical, fire protection, electrical and plumbing working drawings for the Premises Tenant Improvement Work, in a form which is sufficiently complete to allow permit subcontractors to bid on the work and to work, obtain all applicable permits required Permits (collectively, as hereinafter defined) and commence construction (the "“Final Working Drawings") and shall submit the same to Landlord for Landlord's approval”). The Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply furnish Landlord with four (4) completed copies signed by Tenant of such Final Working Drawings. Landlord shall, shall approve or disapprove of the Final Working Drawings by giving written notice to Tenant within three ten (310) business days after receipt thereof. Landlord receives shall not unreasonably withhold or delay its approval of the Final Working Drawings, either (a) approve provided that, without limiting the Final Working Drawingsgenerality of the foregoing, (b) approve Landlord shall be entitled to withhold its consent to the Final Working Drawings subject to for any of the reasons specified conditions to be satisfied by Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 2.4, below3.2 above, or (c) disapprove if in Landlord’s good faith judgment, the Final Working Drawings and return them to Tenant with requested revisions; provided, however, that Landlord shall only be entitled to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above the Final Working Drawings if they materially deviate from the Construction Drawingsare inconsistent with, or for any of do not conform to, the following reasons: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem")Space Plans. If Landlord disapproves the Final Working Drawings, Tenant may resubmit Landlord shall return the Final Working Drawings to Landlord at Tenant with a statement of Landlord’s reasons for disapproval and/or specifying any time, and required corrections or revisions. Landlord shall approve or disapprove of any such revisions to the resubmitted Final Working Drawings within two five (25) business days after receipt of such revisions. This procedure shall be repeated until Landlord receives such resubmitted approves the Final Working Drawings (as so approved, the “Approved Working Drawings”).
Appears in 1 contract
Sources: Lease Agreement (Claria Corp)
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, Title 24 calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers ---------------------- shall to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, engineering, structural, mechanical, electrical and plumbing working drawings for the Premises in a form which is sufficiently complete to allow subcontractors all of Tenant’s Agents to bid on the work and to obtain all applicable permits (collectively, the "“Final Working Drawings"”) and shall submit the same to Landlord for Landlord's ’s approval, which shall not be unreasonably withheld, conditioned, or delayed. The Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply Landlord with four (4) completed copies signed by Tenant of such Final Working Drawings. Landlord shall, shall advise Tenant within three ten (310) business days after Landlord receives the Final Working Drawings, either (a) approve the Final Working Drawings, (b) approve Landlord’s receipt of the Final Working Drawings subject to specified conditions to be satisfied by Tenant prior to submitting for the Approved Working Drawings for permits as set forth Premises if the same is unsatisfactory or incomplete in Section 2.4, below, or (c) disapprove the Final Working Drawings and return them to Tenant with requested revisions; provided, however, that Landlord shall only be entitled to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above the Final Working Drawings if they materially deviate from the Construction Drawings, or for any of the following reasons: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem")respect. If Landlord disapproves the Final Working DrawingsTenant is so advised, Tenant may resubmit shall promptly cause the Final Working Drawings to be revised in accordance with such review and any disapproval of Landlord at any timein connection therewith. If Landlord fails to respond to the Final Construction Documents within the ten (10) business day period set forth above, Tenant may send Landlord a notice setting forth such failure and warning that a continuing failure to respond may result in a “deemed approval” (the “Final Construction Documents Reminder Notice”). If Landlord shall approve or disapprove of fails to respond to the resubmitted Final Working Drawings Construction Documents within two five (25) business days after Landlord receives receipt of the Final Construction Documents Reminder Notice, such resubmitted portion of the Final Working DrawingsConstruction Documents shall be deemed approved by Landlord.
Appears in 1 contract
Sources: Lease (Allogene Therapeutics, Inc.)
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers ---------------------- shall to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, engineering, structural, mechanical, electrical and plumbing working drawings for the Premises in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the "“Final Working Drawings"”) and shall submit the same to Landlord for Landlord's ’s approval. The Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply Landlord with four (4) completed copies signed by Tenant of such Final Working Drawings. Landlord shall, shall advise Tenant within three five (35) business days after Landlord receives Landlord’s receipt of all of the Final Working Drawings, either (ai) approve the Final Working Drawings, (bii) approve the Final Working Drawings subject to specified conditions, which conditions must be stated in a reasonably clear and complete manner, and shall only be conditions reasonably intended to be satisfied by Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 2.4, belowaddress a potential Design Problem, or (ciii) disapprove the Final Working Drawings and return them the Construction Drawings to Tenant with requested revisions; provided, however, that Landlord shall only be entitled to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above the such Final Working Drawings if they materially deviate from to the Construction Drawings, or for any extent of the following reasons: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem"). If Landlord disapproves the Final Working Drawings, Tenant may resubmit the Final Working Drawings to Landlord at any time, and Landlord shall approve or disapprove of the resubmitted Final Working Drawings Drawings, based upon the criteria set forth in this Section 3.3 , within two three (23) business days after Landlord receives such resubmitted Final Working Drawings. Such procedure shall be repeated until the Final Working Drawings are approved.
Appears in 1 contract
Sources: Sublease (Dexcom Inc)
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers ---------------------- shall to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, engineering, structural, mechanical, electrical and plumbing working drawings for the Premises in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the "“Final Working Drawings"”) and shall submit the same to Landlord for Landlord's ’s approval. The Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply Landlord with four (4) completed copies signed by Tenant of such Final Working Drawings. Landlord shall, shall advise Tenant within three five (35) business days after Landlord receives Landlord’s receipt of all of the Final Working Drawings, either (ai) approve the Final Working Drawings, (bii) approve the Final Working Drawings subject to specified conditions, which conditions must be stated in a reasonably clear and complete manner, and shall only be conditions reasonably intended to be satisfied by Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 2.4, belowaddress a potential Design Problem, or (ciii) disapprove the Final Working Drawings and return them the Construction Drawings to Tenant with requested revisions; provided, however, that Landlord shall only be entitled to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above the such Final Working Drawings if they materially deviate from to the Construction Drawings, or for any extent of the following reasons: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem"). If Landlord disapproves the Final Working Drawings, Tenant may resubmit the Final Working Drawings to Landlord at any time, and Landlord shall approve or disapprove of the resubmitted Final Working Drawings Drawings, based upon the criteria set forth in this Section 3.3, within two three (23) business days after Landlord receives such resubmitted Final Working Drawings. Such procedure shall be repeated until the Final Working Drawings are approved.
Appears in 1 contract
Final Working Drawings. (a) As soon as practicable after Tenant’s approval of the Approved Space Plan, Tenant shall cause the Architect preparation and the Engineers ---------------------- shall submit for Landlord’s approval complete the and detailed construction plans and specifications, including a fully coordinated set of architectural, engineering, structural, mechanical, fire protection, electrical and plumbing working drawings for the Premises Tenant Improvement Work, in a form which is sufficiently complete to allow permit subcontractors to bid on the work and to work, obtain all applicable permits required Permits (collectively, as hereinafter defined) and commence construction (the "“Final Working Drawings") and shall submit the same to Landlord for Landlord's approval”). The Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply furnish Landlord with four (4) completed copies signed by Tenant of such Final Working Drawings. Landlord shall, shall approve or disapprove of the Final Working Drawings by giving written notice to Tenant within three ten (310) business days after receipt thereof.
(b) Landlord receives shall not unreasonably withhold or delay its approval of the Final Working Drawings, either (a) approve provided that, without limiting the Final Working Drawingsgenerality of the foregoing, (b) approve the Final Working Drawings subject to specified conditions to be satisfied by Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 2.4, below, or (c) disapprove the Final Working Drawings and return them to Tenant with requested revisions; provided, however, that Landlord shall only be entitled to conditionally approve pursuant withhold its consent to item (b) above or disapprove pursuant to item (c) above the Final Working Drawings if they materially deviate from the Construction Drawingsin Landlord’s good faith judgment, (i) any one or for any more of the following reasonssituations exist: (iA) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on proposed Tenant Improvements will adversely affect the exterior appearance of the Project; (B) the proposed Tenant Improvements may impair the structural strength of the Project, adversely affect the roof or any of the Building Systems or materially adversely affect the value of the Project; (individually C) the proposed Tenant Improvement Work would trigger the necessity under Governmental Requirements or collectivelyotherwise for work to be performed outside the Premises; (D) the specifications for the proposed Tenant Improvements are not consistent with, a "Design Problem"). or would detract from, the character or image of the Project; or (ii) the Final Working Drawings are inconsistent with, or do not conform to, the Approved Space Plan.
(c) If Landlord disapproves the Final Working Drawings, Tenant may resubmit Landlord shall return the Final Working Drawings to Landlord at Tenant with a statement of Landlord’s reasons for disapproval and/or specifying any time, and required corrections or revisions. Landlord shall approve or disapprove of any such revisions to the resubmitted Final Working Drawings within two five (25) business days after receipt of such revisions. This procedure shall be repeated until Landlord receives such resubmitted approves the Final Working Drawings (as so approved, the “Approved Working Drawings”).
(d) If Tenant’s proposed interior partitioning or other aspects of the Tenant Improvement Work will, in Landlord’s good faith judgment, require changes or alterations in any portion of the Building Systems outside of the Premises, and Landlord approves such changes or alterations, such changes or alterations shall be made at Tenant’s expense.
Appears in 1 contract
Sources: Lease (PortalPlayer, Inc.)
Final Working Drawings. On or before the date set forth in Schedule 1, Tenant, the Architect and the Engineers ---------------------- shall complete the architectural, engineering, structural, mechanical, electrical architectural and plumbing engineering drawings for the Premises Premises, and the final architectural working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the "Final Working Drawings") and shall submit four (4) hard copies signed by Tenant of the same Final Working Drawings to Landlord for Landlord's approval. The Final Working Drawings may approval (such approval not to be submitted in one unreasonably withheld, conditioned or more stages at one or more timesdelayed) and concurrently with Tenant's delivery of such hard copies, provided that Tenant shall ultimately supply send to Landlord with four via electronic mail one (41) completed copies signed by Tenant .pdf electronic copy of such Final Working Drawings. Within ten (10) business days after Landlord's receipt of the Final Working Drawings for the Premises, Landlord shallshall provide written notice to Tenant either approving the Final Working Drawings or advising Tenant, with reasonable specificity, if the same is unsatisfactory or incomplete in any respect. If Tenant is so advised, Tenant shall promptly revise the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith and resubmit the same to Landlord. In the event that Landlord fails to respond to Tenant regarding the Final Working Drawings within the applicable time period set forth in this Section 3.4 above, Tenant shall have the right to send a written "reminder notice" to Landlord, which conspicuously indicates that Landlord's continued failure to respond may result in the deemed approval of the Final Working Drawings. If Landlord fails to respond to Tenant regarding the Final Working Drawings within three (3) business days after Landlord receives receipt of the Final Working Drawingsreminder notice identified in this Section 3.4, either (a) approve the Final Working Drawings, (b) approve then the Final Working Drawings subject shall be deemed to specified conditions to be satisfied have been approved by Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 2.4, below, or (c) disapprove the Final Working Drawings and return them to Tenant with requested revisions; provided, however, that Landlord shall only be entitled to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above the Final Working Drawings if they materially deviate from the Construction Drawings, or for any of the following reasons: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem"). If Landlord disapproves the Final Working Drawings, Tenant may resubmit the Final Working Drawings to Landlord at any time, and Landlord shall approve or disapprove of the resubmitted Final Working Drawings within two (2) business days after Landlord receives such resubmitted Final Working DrawingsLandlord.
Appears in 1 contract
Final Working Drawings. Tenant, the Architect Lessor and the Engineers ---------------------- its architect and engineers shall complete the architectural, engineering, structural, mechanical, electrical architectural and plumbing engineering drawings for the Premises Premises. The final architectural working drawings shall be in a form which is complete to allow subcontractors to bid on the work Work and to obtain all applicable permits (collectively, the "“Final Working Drawings"”) and shall submit the same to Landlord County for Landlord's County’s approval, such approval not to be unreasonably withheld, conditioned or delayed. The County shall approve or reasonably disapprove any draft of the Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply Landlord with four within seven (4) completed copies signed by Tenant of such Final Working Drawings. Landlord shall, within three (37) business days after Landlord receives the Final Working Drawings, either (a) approve the Final Working Drawings, (b) approve the Final Working Drawings subject to specified conditions to be satisfied by Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 2.4, below, or (c) disapprove the Final Working Drawings and return them to Tenant with requested revisionsCounty’s receipt thereof; provided, however, that Landlord (i) County shall only not be entitled to conditionally approve pursuant to item (b) above disapprove any portion, component or disapprove pursuant to item (c) above aspect of the Final Working Drawings which are consistent with the Final Space Plan, unless County agrees to pay for the additional cost (if they materially deviate any) resulting from such change in the Construction Drawings, or for any Final Space Plan as part of the following reasons: (i) an adverse effect on the structural integrity of the Building; over-allowance amount pursuant to Section 2 below and County acknowledges that any delay resulting therefrom shall be a delay caused by County, and (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment any disapproval of the Building; or (iv) an adverse effect on the exterior appearance Final Working Drawings by County shall be accompanied by a detailed written explanation of the Building reasons for County’s disapproval. Failure of County to reasonably disapprove any draft of the Final Working Drawings within said seven (individually or collectively, a "Design Problem")7) business day period shall be deemed to constitute County’s approval thereof. If Landlord disapproves This process shall be repeated until the Final Working Drawings have been approved; it being agreed that County’s right to raise objections (following County’s initial objections to Lessor’s first submission of the Final Working Drawings, Tenant may resubmit ) shall be limited to (a) the revisions made to the previous submission of the Final Working Drawings in order to Landlord at any time, and Landlord shall approve address County’s prior objections or disapprove changes which are derivative of changes resulting from such prior objections and/or (b) revisions to design elements not previously a part of the resubmitted Final Working Drawings within two (2) business days after Landlord receives such resubmitted previously submitted to County. The Final Working Drawings, as approved by Lessor and County, may be referred to herein as the “Approved Working Drawings.” County shall make no changes or modifications to the Final Space Plan or the Approved Working Drawings without the prior written consent of Lessor, which consent may be withheld in Lessor’s sole discretion if such change or modification would directly or indirectly delay the Substantial Completion of the Work or increase the cost of designing or constructing the Work. Lessor shall promptly submit the Approved Working Drawings to the appropriate municipal authorities for all applicable building permits necessary to allow Contractor as that term is defined in Section 4, below, to commence and fully complete the construction of the Work (the “Permits”). County shall cooperate with Lessor in promptly executing permit applications and performing other ministerial acts reasonably necessary to enable Lessor to obtain any such permit or certificate of occupancy. No changes, modifications or alterations in the Approved Working Drawings may be made without the prior written consent of Lessor, provided that Lessor may withhold its consent, in its sole discretion, to any change in the Approved Working Drawings if such change would directly or indirectly delay the Substantial Completion of the Work.
Appears in 1 contract
Sources: Lease Agreement
Final Working Drawings. After the Final Space Plan has been ------------------------ approved by Landlord, Tenant shall supply the Engineers with a listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, in sufficient detail to enable the Engineers and the Architect to complete the "Final Working Drawings" (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers ---------------------- shall to complete the architectural and engineering drawings for the Tenant Improvements, and Architect shall compile a fully coordinated set of architectural, engineering, structural, mechanical, electrical and plumbing working drawings for the Premises in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the "Final Working DrawingsFINAL WORKING DRAWINGS") and shall submit the same to Landlord for Landlord's approval. The Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply Landlord with four one (41) completed copies signed by Tenant copy of such Final Working DrawingsDrawings with all pages signed by Tenant, and either (i) three (3) additional copies with only the cover page signed by Tenant, or (ii) a CADD diskette containing the same. Landlord shall, within three fifteen (315) business days after Landlord receives of the receipt of the Final Working DrawingsDrawings for any portion of the Premises, either (ai) approve the Final Working Drawings, (bii) approve the Final Working Drawings subject to specified conditions to be satisfied by Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 2.4SECTION 3.4, below, or (c) disapprove the Final Working Drawings and return them to Tenant with requested revisions; provided, however, that Landlord shall only be entitled to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above the Final Working Drawings if they materially deviate from the Construction Drawings, or for any of the following reasons: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; ----------- (iii) an adverse effect on the systems disapprove and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem"). If Landlord disapproves the Final Working Drawings, Tenant may resubmit return the Final Working Drawings to Landlord at any time, and Landlord shall approve or disapprove of Tenant with requested revisions if the resubmitted Final Working Drawings within two (2) business days after Landlord receives such resubmitted do not reasonably comply with the Final Space Plan or contain a Design Problem. The foregoing procedure shall be repeated until the Final Working DrawingsDrawings for all portions of the Premises are ultimately approved by Landlord. The Final Working Drawings may be submitted to Landlord for approval at one or more times and in one or more parts.
Appears in 1 contract
Final Working Drawings. TenantBased on the approved Preliminary Plans, the Architect Landlord shall cause Landlord's architect and the Engineers ---------------------- shall engineer to complete the architectural, engineering, structural, mechanical, electrical architectural and plumbing engineering drawings for the Premises Vertical Exhaust, and cause the architect to compile a fully coordinated set of architectural, structural and mechanical working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the "Final Working Drawings") and shall submit the same to Landlord Tenant for LandlordTenant's approval, not to be unreasonably withheld. The Final Working Drawings may shall incorporate modifications to the Preliminary Plans as necessary to comply with the structural and system requirements of the Building as well as changes required by applicable laws. Except for changes required by applicable laws, any material Landlord modification to the Final Workings Drawings shall be submitted in one or more stages at one or more timessubject to Tenant's reasonable approval, provided that not to be unreasonably withheld. Tenant shall ultimately supply Landlord with four (4) completed copies signed by Tenant of such approve or reasonably disapprove the Final Working Drawings. Drawings within five (5) business days after Landlord shall, delivers the same to Tenant or within three (3) business days after Landlord receives the delivers any Final Working Drawings, either (a) approve the Final Working Drawings, (b) approve the Final Working Drawings subject Drawing revisions thereto to specified conditions to be satisfied by Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 2.4, below, or (c) disapprove the Final Working Drawings and return them to Tenant with requested revisionsTenant; provided, however, that Landlord shall only be entitled to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above the Final Working Drawings if they materially deviate from the Construction Drawings, or for any of the following reasons: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem"). If Landlord disapproves the Final Working Drawings, Tenant may resubmit only disapprove the Final Working Drawings to the extent the same are not in substantial conformance with the Preliminary Plans. Failure of Tenant to respond to Landlord at before the expiration of any time, and Landlord such time periods set forth above shall approve or disapprove be deemed Tenant's approval of the resubmitted Final Working Drawings within two (2) business days after Landlord receives such resubmitted Final Working Drawings. The Final Working Drawings, once approved (or deemed approved) by Tenant, may be referred to herein as the "Approved Working Drawings."
Appears in 1 contract
Sources: Lease (Achaogen Inc)
Final Working Drawings. After the Final Space Plan has been approved (or deemed approved) by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, fire-suppression system requirements, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Fifth Amendment Premises, to enable the Engineers and the Architect to complete the "Final Working Drawings" (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers ---------------------- shall to complete the architectural and engineering drawings for the Fifth Amendment Premises, and Architect shall compile a fully coordinated set of architectural, engineering, structural, mechanical, electrical and plumbing working drawings for the Premises in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the "Final Working Drawings") and shall submit the same to Landlord for Landlord's approval. The Final Working Drawings may be submitted in one or more stages ; however, Tenant shall have the ability to submit architectural and engineered drawings at one or more separate times, provided that all subject to the timelines outlined below. Tenant shall ultimately supply Landlord with four one (41) completed copies copy signed by Tenant (and three (3) additional unsigned copies as necessary for review) of such Final Working Drawings. Landlord shall, within three (3) business days after Landlord receives the Final Working Drawings, either (a) approve the Final Working Drawings, (b) approve the Such Final Working Drawings subject to specified conditions to shall be satisfied approved by Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 2.4Landlord, belowwhich approval shall not be unreasonably withheld, conditioned or (c) disapprove the Final Working Drawings and return them to Tenant with requested revisionsdelayed; provided, however, that without limitation as to other reasonable grounds for withholding consent, it shall be deemed reasonable for Landlord shall only be entitled to conditionally approve pursuant withhold its consent to item (b) above any proposed Fifth Amendment Premises Improvements or disapprove pursuant to item (c) above aspect of the Final Working Drawings if they materially deviate from in the Construction Drawings, or for any of event the following reasons: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, same causes a "Design Problem"). If Landlord disapproves shall advise Tenant within ten (10) business days after Landlord's receipt of the Final Working DrawingsDrawings for the Fifth Amendment Premises if the same is unsatisfactory or incomplete in any respect. If Tenant is so advised, Tenant may resubmit shall promptly cause the Final Working Drawings to be revised in accordance with such review and any disapproval of Landlord at in connection therewith. If Landlord fails to notify Tenant of Landlord's approval or disapproval of any time, and Landlord shall approve or disapprove of the resubmitted such Final Working Drawings within two such ten (210) business days after day period, Tenant shall have the right to provide Landlord receives such resubmitted Final Working Drawings.with a second written request for approval (a "
Appears in 1 contract
Sources: Office Lease (Lyft, Inc.)
Final Working Drawings. TenantAfter the Final Space Plan for a Project has been approved by Landlord, Tenant shall cause the Architect and the Engineers ---------------------- shall to complete the architectural, engineering, structural, mechanical, electrical architectural and plumbing engineering drawings for the Premises Project in a form which is complete to allow the approved general contractors (as set forth in Section 5.1 of this Tenant Work Letter) and qualified subcontractors of the Major Trade Components (as defined in Section 5.1.2 of this Tenant Work Letter) to bid on the work of such Project and to obtain all applicable permits (collectively, the "Final Working Drawings") and ). Upon the Architect's completion of the Final Working Drawings for a Project, Tenant shall submit the same to Landlord for Landlord's approval, which shall not be unreasonably withheld, conditioned or delayed. The Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply Landlord with four Within ten (410) completed copies signed by Tenant business days following Landlord’s receipt of such Final Working Drawings, Landlord shall notify Tenant in writing whether (a) Landlord approves of such Final Working Drawings or whether (b) Landlord disapproves such Final Working Drawings, which disapproval shall specify the reasonable basis for such disapproval and shall be accompanied by a written detailed description of changes required in order to satisfy Landlord’s concerns. If Landlord shalltimely and reasonably disapproves the Final Working Drawings in accordance with this Section 4.3, within three Tenant shall cause the Final Working Drawings to be revised by the Architect as reasonably EXHIBIT B-1 . required to address the Landlord’s objections, and shall submit the revised Final Working Drawings to Landlord for review, with the foregoing review process to be repeated until Landlord has approved (3or is deemed to have approved as provided below) business days after Landlord receives the Final Working Drawings, either (a) . If Landlord fails to timely approve the Final Working Drawings, (b) approve the Final Working Drawings subject to specified conditions to be satisfied by Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 2.4, below, or (c) reasonably disapprove the Final Working Drawings and return them to Tenant with requested revisions; provided, however, that Landlord shall only be entitled to conditionally approve pursuant to item within ten (b) above or disapprove pursuant to item (c) above the Final Working Drawings if they materially deviate from the Construction Drawings, or for any of the following reasons: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem"). If Landlord disapproves the Final Working Drawings, Tenant may resubmit the Final Working Drawings to Landlord at any time, and Landlord shall approve or disapprove of the resubmitted Final Working Drawings within two (210) business days after Landlord receives such resubmitted Final Working Drawingsday following their submission by Tenant for Landlord's approval, the terms of Section 4.6, below, shall be applicable.
Appears in 1 contract
Sources: Lease (Nuvasive Inc)
Final Working Drawings. After the Final Space Plan has been approved by FLUC, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Suite 100 Expansion Premises, to enable the Engineers and the Architect to complete the "Final Working Drawings" (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by FLUC and Tenant, Tenant shall promptly cause the Architect and the Engineers ---------------------- shall to complete the architectural and engineering drawings for the Suite 100 Expansion Premises, and Architect shall compile a fully coordinated set of architectural, engineering, structural, mechanical, electrical and plumbing working drawings for the Premises in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the "Final Working Drawings") and shall submit the same to Landlord FLUC for LandlordFLUC's approval, such approval not to be unreasonably withheld, conditioned or delayed. The Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply Landlord FLUC with four (4) completed hard copies signed by Tenant of the Final Working Drawings, and concurrently with Tenant's delivery of such hard copies, Tenant shall send to FLUC via electronic mail one (1) .pdf electronic copy of such Final Working Drawings. Landlord shall, FLUC shall advise Tenant within three ten (310) business days after Landlord receives the Final Working Drawings, either (a) approve the Final Working Drawings, (b) approve FLUC's receipt of the Final Working Drawings subject to specified conditions to be satisfied by Tenant prior to submitting for the Approved Working Drawings for permits as set forth Suite 100 Expansion Premises if the same is unsatisfactory or incomplete in Section 2.4any respect, below, or (c) disapprove FLUC’s approval of the Final Working Drawings and return them not to be unreasonably withheld, conditioned or delayed. If Tenant with requested revisions; providedis so advised, however, that Landlord Tenant shall only be entitled to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above immediately revise the Final Working Drawings if they materially deviate from the Construction Drawingsin accordance with such review, or for any of the following reasons: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem"). If Landlord disapproves the Final Working Drawings, FLUC and Tenant may resubmit shall use good faith and commercially reasonable efforts to have the Final Working Drawings to Landlord at any timeapproved. In addition, and Landlord shall approve or disapprove of if the resubmitted Final Working Drawings within two or any amendment thereof or supplement thereto shall require alterations in the Base Building (2) business days after Landlord receives as contrasted with the Improvements), and if FLUC in its sole and exclusive discretion agrees to any such resubmitted Final Working Drawingsalterations, and notifies Tenant of the need and cost for such alterations, then Tenant shall pay the cost of such required changes in advance upon receipt of notice thereof. Tenant shall pay all direct architectural and/or engineering fees in connection therewith.
Appears in 1 contract
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard Equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Leased Premises, to enable the Engineers and the Architect to complete the "Final Working Drawings" (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers ---------------------- shall to complete the architectural and engineering drawings for the Leased Premises, and Architect shall compile a fully coordinated set of architectural, engineering, structural, mechanical, electrical and plumbing working drawings for the Premises in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the "Final Working Drawings") and shall submit Submit the same to Landlord for Landlord's approval. The Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply Landlord with four (4) completed copies signed by Tenant of such Final Working Drawings. Landlord shall, shall advise Tenant within three seven (37) business days after Landlord's receipt of the Final Working Drawings for the Leased Premises if the same is unsatisfactory or incomplete in any respect. If Tenant is so advised, Tenant shall immediately revise the Final Working Drawings in accordance with such review and any disapproval of Landlord receives in connection therewith. Landlord's failure to so advise Tenant within the said seven (7) day period shall be deemed to constitute Landlord's acceptance of the Final Working Drawings, either so long as the Final Work Drawings are reasonably similar to the Final Space Plan and the Construction Drawings previously submitted to Landlord by Tenant, otherwise, Landlord's failure to respond within the seven (a7) approve day period shall not be deemed approval by Landlord of the Final Working Drawings, (b) approve the Final Working Drawings subject to specified conditions to be satisfied by Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 2.4, below, or (c) disapprove the Final Working Drawings and return them to Tenant with requested revisions; provided, however, that Landlord shall only be entitled to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above the Final Working Drawings if they materially deviate from the Construction Drawings, or for any of the following reasons: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem"). If Landlord disapproves the Final Working Drawings, Tenant may resubmit the Final Working Drawings to Landlord at any time, and Landlord shall approve or disapprove of the resubmitted Final Working Drawings within two (2) business days after Landlord receives such resubmitted Final Working Drawings.
Appears in 1 contract
Final Working Drawings. Following Landlord’s approval of the Space Plans, Tenant’s Architect shall prepare and submit for Landlord’s approval complete and detailed construction plans and specifications, the Architect and the Engineers ---------------------- shall complete the including a fully coordinated set of architectural, engineering, structural, mechanical, fire protection, electrical and plumbing working drawings for the Premises Tenant Improvement Work, in a form which is sufficiently complete to allow permit subcontractors to bid on the work and to work, obtain all applicable permits required Permits (collectively, as hereinafter defined) and commence construction (the "“Final Working Drawings") and ”). Landlord shall submit approve or disapprove of the same to Landlord for Landlord's approval. The Final Working Drawings may be submitted in one or more stages at one or more times, provided that by giving written notice to Tenant shall ultimately supply Landlord with four within ten (4) completed copies signed by Tenant of such Final Working Drawings. Landlord shall, within three (310) business days after receipt thereof. Landlord receives shall not unreasonably withhold or condition its approval of the Final Working Drawings, either (a) approve provided that, without limiting the Final Working Drawingsgenerality of the foregoing, (b) approve Landlord shall be entitled to withhold its consent to the Final Working Drawings subject to for any of the reasons specified conditions to be satisfied by Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 2.4, below3.2 above, or (c) disapprove if in Landlord’s good faith judgment, the Final Working Drawings and return them to Tenant with requested revisions; provided, however, that Landlord shall only be entitled to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above the Final Working Drawings if they materially deviate from the Construction Drawingsare inconsistent with, or for any of do not conform to, the following reasons: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem")Space Plans. If Landlord disapproves the Final Working Drawings, Tenant may resubmit Landlord shall return the Final Working Drawings to Landlord at Tenant with a statement of Landlord’s reasons for disapproval and/or specifying any time, and required corrections or revisions. Landlord shall approve or disapprove of any such revisions to the resubmitted Final Working Drawings necessitated by Landlord’s comments or initiated by Tenant within two five (25) business days after receipt of such revisions. This procedure shall be repeated until Landlord receives such resubmitted approves the Final Working Drawings (as so approved, the “Approved Working Drawings”).
Appears in 1 contract
Sources: Office Lease (Jamba, Inc.)
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the "Final Working Drawings" (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers ---------------------- shall to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, engineering, structural, mechanical, electrical and plumbing working drawings for the Premises in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the "Final Working Drawings") and shall submit the same to Landlord for Landlord's approval, such approval not to be unreasonably withheld, conditioned or delayed. The Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply Landlord with four (4) completed hard copies signed by Tenant of the Final Working Drawings, and concurrently with Tenant's delivery of such hard copies, Tenant shall send to Landlord via electronic mail one (1) .pdf electronic copy of such Final Working Drawings. Landlord shall, shall advise Tenant within three ten (310) business days after Landlord receives the Final Working Drawings, either (a) approve the Final Working Drawings, (b) approve Landlord's receipt of the Final Working Drawings subject to specified conditions to be satisfied by Tenant prior to submitting for the Approved Working Drawings for permits as set forth Premises if the same is unsatisfactory or incomplete in Section 2.4any respect, below, or (c) disapprove Landlord’s approval of the Final Working Drawings and return them not to be unreasonably withheld, conditioned or delayed. If Tenant with requested revisions; providedis so advised, however, that Landlord Tenant shall only be entitled to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above immediately revise the Final Working Drawings if they materially deviate from the Construction Drawingsin accordance with such review, or for any of the following reasons: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem"). If Landlord disapproves the Final Working Drawings, and Tenant may resubmit shall use good faith and commercially reasonable efforts to have the Final Working Drawings to Landlord at any timeapproved. In addition, and Landlord shall approve or disapprove of if the resubmitted Final Working Drawings within two or any amendment thereof or supplement thereto shall require alterations in the Base Building (2as contrasted with the Improvements), and if Landlord in its sole and exclusive discretion agrees to any such alterations, and notifies Tenant of the need and cost for such alterations, then Tenant shall pay the cost of such required changes in advance upon receipt of notice thereof. Tenant shall pay all direct architectural and/or engineering fees in connection therewith, plus fifteen percent (15%) business days after Landlord receives of such resubmitted Final Working Drawingsdirect costs for Landlord's servicing and overhead.
Appears in 1 contract
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers ---------------------- shall to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, engineering, structural, mechanical, electrical and plumbing working drawings for the Premises in a form which is complete to allow subcontractors all of Tenant’s Agents to bid on the work and to obtain all applicable permits (collectively, the "“Final Working Drawings"”) and shall submit the same to Landlord for Landlord's ’s approval. The Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply Landlord with four (4) completed copies signed by Tenant of such Final Working Drawings, including one (1) copy in an AutoCAD Computer Assisted Drafting and Design System format. Landlord shall, shall advise Tenant within three ten (310) business days after Landlord receives the Final Working Drawings, either (a) approve the Final Working Drawings, (b) approve Landlord’s receipt of the Final Working Drawings subject to specified conditions to be satisfied by for the Premises if the same is unsatisfactory or incomplete in any respect. If Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 2.4is so advised, below, or (c) disapprove Tenant shall immediately revise the Final Working Drawings in accordance with such review and return them to Tenant with requested revisions; providedany disapproval of Landlord in connection therewith. In addition, however, that Landlord shall only be entitled to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above if the Final Working Drawings or any amendment thereof or supplement thereto shall require alterations in the Base Building (as contrasted with the Tenant Improvements), and if they materially deviate from the Construction DrawingsLandlord in its sole and exclusive discretion agrees to any such alterations, or for any and notifies Tenant of the following reasons: need and cost for such alterations, then Tenant shall pay the cost of such required changes in advance upon receipt of notice thereof. Tenant shall pay all direct architectural and/or engineering fees in connection therewith, plus fifteen percent (i15%) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems such direct costs for Landlord’s servicing and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem"). If Landlord disapproves the Final Working Drawings, Tenant may resubmit the Final Working Drawings to Landlord at any time, and Landlord shall approve or disapprove of the resubmitted Final Working Drawings within two (2) business days after Landlord receives such resubmitted Final Working Drawingsoverhead.
Appears in 1 contract
Sources: Office Lease (Ixia)
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the applicable Suite or the Original Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers ---------------------- shall to complete the architectural and engineering drawings for applicable Suite or the Original Premises, and Architect shall compile a fully coordinated set of architectural, engineering, structural, mechanical, electrical and plumbing working drawings for the Premises in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the "“Final Working Drawings"”) and shall submit the same to Landlord for Landlord's ’s approval. The Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply Landlord with four (4) completed copies signed by Tenant of such Final Working Drawings. Landlord shall, shall advise Tenant within three ten (310) business days after Landlord receives the Final Working Drawings, either (a) approve the Final Working Drawings, (b) approve Landlord’s receipt of the Final Working Drawings subject to specified conditions to be satisfied by Tenant prior to submitting for applicable Suite or the Approved Working Drawings for permits as set forth Original Premises if the same is unsatisfactory or incomplete in Section 2.4, below, or (c) disapprove the Final Working Drawings and return them to Tenant with requested revisions; provided, however, that Landlord shall only be entitled to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above the Final Working Drawings if they materially deviate from the Construction Drawings, or for any of the following reasons: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem")respect. If Landlord disapproves the Final Working DrawingsTenant is so advised, Tenant may resubmit shall promptly cause the Final Working Drawings to be revised in accordance with such review and any reasonable disapproval of Landlord at any timein connection therewith and resubmit to Landlord, and Landlord shall approve or disapprove of the resubmitted Final Working Drawings advise Tenant within two five (25) business days after such resubmittal if the same is unsatisfactory or complete in any respect. Failure of Landlord receives such resubmitted to respond to Tenant in writing within any five business day period provided in this Section 3.3 shall be deemed Landlord’s approval of the Final Working DrawingsDrawings (or revision to same, as applicable) submitted by Tenant. The foregoing process shall be repeated until Landlord’s approval or deemed approval of the Final Working Drawings occurs.
Appears in 1 contract
Sources: Office Lease (Docusign Inc)
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, Title 24 calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the "Final Working Drawings" (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers ---------------------- shall to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, engineering, structural, mechanical, electrical and plumbing working drawings for the Premises in a form which is sufficiently complete to allow subcontractors all of Tenant's Agents to bid on the work and to obtain all applicable permits (collectively, the "Final Working Drawings") and shall submit the same to Landlord for Landlord's approval, which shall not be unreasonably withheld, conditioned, or delayed. The Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply Landlord with four (4) completed copies signed by Tenant of such Final Working Drawings. Landlord shall, shall advise Tenant within three ten (310) business days after Landlord receives the Final Working Drawings, either (a) approve the Final Working Drawings, (b) approve Landlord's receipt of the Final Working Drawings subject to specified conditions to be satisfied for the Premises if the same is unsatisfactory or incomplete in any respect, which notification shall include a reasonably detailed explanation of such determination by Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 2.4, below, or (c) disapprove the Final Working Drawings and return them to Tenant with requested revisions; provided, however, that Landlord shall only be entitled to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above the Final Working Drawings if they materially deviate from the Construction Drawings, or for any of the following reasons: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem")Landlord. If Landlord disapproves the Final Working DrawingsTenant is so advised, Tenant may resubmit shall promptly cause the Final Working Drawings to be revised in accordance with such review and any disapproval of Landlord at any time, and in connection therewith. If Landlord shall approve or disapprove of fails to respond to the resubmitted Final Working Drawings within two the ten (210) business day period set forth above, Tenant may send Landlord a reminder notice setting forth such failure containing the following sentence at the top of such notice in bold, capitalized font at least twelve (12) points in size: “LANDLORD'S FAILURE TO RESPOND TO THIS NOTICE WITHIN FIVE (5) BUSINESS DAYS SHALL RESULT IN LANDLORD'S DEEMED APPROVAL OF TENANT'S FINAL WORKING DRAWINGS” (the "Final Working Drawings Reminder Notice"). Any such Final Working Drawings Reminder Notice shall include a complete copy of the Final Working Drawings. If Landlord fails to respond within five (5) business days after Landlord receives such resubmitted receipt of a Final Working DrawingsDrawings Reminder Notice, then the Final Working Drawings shall be deemed approved by Landlord.
Appears in 1 contract
Sources: Lease (Nkarta, Inc.)
Final Working Drawings. Tenant, the Architect Lessor and the Engineers ---------------------- its architect and engineers shall complete the architectural, engineering, structural, mechanical, electrical architectural and plumbing engineering drawings for the Premises Premises. The final architectural working drawings shall be in a form which is complete to allow subcontractors to bid on the work Work and to obtain all applicable permits (collectively, the "“Final Working Drawings"”) and shall submit the same to Landlord County for Landlord's County’s approval, such approval not to be unreasonably withheld, conditioned or delayed. The County shall approve or reasonably disapprove any draft of the Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply Landlord with four within seven (4) completed copies signed by Tenant of such Final Working Drawings. Landlord shall, within three (37) business days after Landlord receives the Final Working Drawings, either (a) approve the Final Working Drawings, (b) approve the Final Working Drawings subject to specified conditions to be satisfied by Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 2.4, below, or (c) disapprove the Final Working Drawings and return them to Tenant with requested revisionsCounty’s receipt thereof; provided, however, that Landlord (i) County shall only not be entitled to conditionally approve pursuant to item (b) above disapprove any portion, component or disapprove pursuant to item (c) above aspect of the Final Working Drawings which are consistent with the Final Space Plan unless (a) County agrees to pay for the additional cost (if they materially deviate any) resulting from such change in the Construction Drawings, or for any Final Space Plan as part of the following reasons: over-allowance amount pursuant to Section 2 below, and (ib) an adverse effect on County agrees that any such delays caused by such change(s) shall be deemed a delay caused by the structural integrity County for all purposes of this Work Letter, Schedule 1 attached hereto and the Building; Lease, and (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment any disapproval of the Building; or (iv) an adverse effect on the exterior appearance Final Working Drawings by County shall be accompanied by a detailed written explanation of the Building reasons for County’s disapproval. Failure of County to reasonably disapprove any draft of the Final Working Drawings within said seven (individually or collectively, a "Design Problem")7) business day period shall be deemed to constitute County’s approval thereof. If Landlord disapproves This process shall be repeated until the Final Working Drawings have been approved; it being agreed that County’s right to raise objections (following County’s initial objections to Lessor’s first submission of the Final Working Drawings, Tenant may resubmit ) shall be limited to (a) the revisions made to the previous submission of the Final Working Drawings in order to Landlord at any time, and Landlord shall approve address County’s prior objections or disapprove changes which are derivative of changes resulting from such prior objections and/or (b) revisions to design elements not previously a part of the resubmitted Final Working Drawings within two (2) business days after Landlord receives such resubmitted previously submitted to County. The Final Working Drawings, as approved by Lessor and County, may be referred to herein as the “Approved Working Drawings.” County shall make no changes or modifications to the Final Space Plan or the Approved Working Drawings without the prior written consent of Lessor, which consent may be withheld in Lessor’s sole discretion if such change or modification would directly or indirectly delay the Substantial Completion of the Work or increase the cost of designing or constructing the Work. Lessor shall promptly submit the Approved Working Drawings to the appropriate municipal authorities for all applicable building permits necessary to allow Contractor as that term is defined in Section 3, below, to commence and fully complete the construction of the Work (the “Permits”). County shall cooperate with Lessor in promptly executing permit applications and performing other ministerial acts reasonably necessary to enable Lessor to obtain any such permit or certificate of occupancy. No changes, modifications or alterations in the Approved Working Drawings may be made without the prior written consent of Lessor, provided that Lessor may withhold its consent, in its sole discretion, to any change in the Approved Working Drawings if such change would directly or indirectly delay the Substantial Completion of the Work.
Appears in 1 contract
Sources: Lease Agreement
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, Title 24 calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the "Final Working Drawings" (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers ---------------------- shall to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, engineering, structural, mechanical, electrical and plumbing working drawings for the Premises in a form which is sufficiently complete to allow subcontractors all of Tenant's Agents to bid on the work and to obtain all applicable permits (collectively, the "Final Working Drawings") and shall submit the same to Landlord for Landlord's approval, which shall not be unreasonably withheld, conditioned, or delayed. The Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply Landlord with four (4) completed copies signed by Tenant of such Final Working Drawings. Landlord shall, shall advise Tenant within three ten (310) business days after Landlord receives the Final Working Drawings, either (a) approve the Final Working Drawings, (b) approve Landlord's receipt of the Final Working Drawings subject to specified conditions to be satisfied by Tenant prior to submitting for the Approved Working Drawings for permits as set forth Premises if the same is unsatisfactory or incomplete in Section 2.4, below, or (c) disapprove the Final Working Drawings and return them to Tenant with requested revisions; provided, however, that Landlord shall only be entitled to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above the Final Working Drawings if they materially deviate from the Construction Drawings, or for any of the following reasons: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem")respect. If Landlord disapproves the Final Working DrawingsTenant is so advised, Tenant may resubmit shall promptly cause the Final Working Drawings to be revised in accordance with such review and any disapproval of Landlord at any time, and in connection therewith. If Landlord shall approve or disapprove of fails to respond to the resubmitted Final Working Drawings within two the ten (210) business day period set forth above, Tenant may send Landlord a reminder notice setting forth such failure containing the following sentence at the top of such notice in bold, capitalized font at least twelve (12) points in size: “LANDLORD'S FAILURE TO RESPOND TO THIS NOTICE WITHIN FIVE (5) BUSINESS DAYS SHALL RESULT IN LANDLORD'S DEEMED APPROVAL OF TENANT'S FINAL WORKING DRAWINGS” (the "Final Working Drawings Reminder Notice"). Any such Final Working Drawings Reminder Notice shall include a complete copy of the Final Working Drawings. If Landlord fails to respond within five (5) business days after Landlord receives such resubmitted receipt of a Final Working DrawingsDrawings Reminder Notice, then the Final Working Drawings shall be deemed approved by Landlord.
Appears in 1 contract
Sources: Lease (Revolution Medicines, Inc.)
Final Working Drawings. TenantFollowing the Effective Date of this Lease, Tenant shall promptly supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, Title 24 calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the "Final Working Drawings" (as that term is defined below) in the manner as set forth below. Tenant shall promptly cause the Architect and the Engineers ---------------------- shall to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, engineering, structural, mechanical, electrical and plumbing working drawings for the Premises in a form which is sufficiently complete to allow subcontractors all of Tenant's Agents to bid on the work and to obtain all applicable permits (collectively, the "Final Working Drawings") and shall submit the same to Landlord for Landlord's approval, which shall not be unreasonably withheld, conditioned, or delayed. The Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply Landlord with four (4) completed CAD and pdf copies signed by Tenant of such Final Working Drawings, digitally signed by Tenant. Landlord shall, shall advise Tenant within three ten (310) business days after Landlord receives the Final Working Drawings, either (a) approve the Final Working Drawings, (b) approve ▇▇▇▇▇▇▇▇'s receipt of the Final Working Drawings subject to specified conditions for the Premises if the same is unsatisfactory or incomplete in any respect (as reasonably determined by Landlord). If Tenant is so advised, Tenant shall promptly cause the Final Working Drawings to be satisfied by Tenant prior to submitting revised in accordance with such review and any disapproval of Landlord in connection therewith. In addition, if Landlord in its sole yet reasonable discretion determines that the Approved Final Working Drawings or any amendment thereof or supplement thereto shall require review by a third party (e.g., architect or engineer), then Landlord shall so notify Tenant of the need and cost for permits as set forth such review, and Tenant shall pay the actual and reasonable costs and fees of such third party review in Section 2.4advance upon receipt of notice thereof. Further, belownotwithstanding anything contained herein to the contrary, or (c) disapprove in all events, the Final Working Drawings and return them to Tenant with requested revisions; provided, however, that Landlord shall only be entitled to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above the Final Approved Working Drawings if they materially deviate from the Construction Drawingsshall conform with, or for any of the following reasons: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of shall not exceed, the Building (individually or collectively, a "Design Problem"). If Landlord disapproves Systems capacities available to the Final Working Drawings, Tenant may resubmit the Final Working Drawings to Landlord at any time, and Landlord shall approve or disapprove of the resubmitted Final Working Drawings within two (2) business days after Landlord receives such resubmitted Final Working DrawingsPremises as described on Exhibit F attached hereto.
Appears in 1 contract
Sources: Lease (Kura Oncology, Inc.)
Final Working Drawings. TenantBased on the Final Space Plan, Landlord shall cause the Architect and the Engineers ---------------------- shall to complete the architectural and engineering drawings for the Premises, and cause the Architect to compile a fully coordinated set of architectural, engineering, structural, mechanical, electrical and plumbing working drawings for the Premises in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the "Final Working Drawings") and shall submit the same to Landlord Tenant for LandlordTenant's approval. The Final Working Drawings may shall incorporate modifications to the Final Space Plan as necessary to comply with the floor load and other structural and system requirements of the Building. To the extent that the finishes and specifications are not completely set forth in the Final Space Plan for any portion of the Tenant Improvements depicted thereon, the actual specifications and finish work shall be submitted in one or more stages at one or more timesaccordance with the Specifications, provided that unless Tenant directs otherwise (and Landlord approves the same). Tenant shall ultimately supply Landlord with four (4) completed copies signed by Tenant of such approve or reasonably disapprove the Final Working Drawings. Landlord shall, Drawings or any revisions thereto within three ten (310) business days after Landlord receives the Final Working Drawings, either (a) approve the Final Working Drawings, (b) approve delivers the Final Working Drawings subject or any revisions thereto to specified conditions to be satisfied by Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 2.4, below, or (c) disapprove the Final Working Drawings and return them to Tenant with requested revisionsTenant; provided, however, that Landlord shall Tenant may only be entitled to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above the Final Working Drawings if they materially deviate from to the Construction Drawings, or for any of extent the following reasons: same are not (isubject to changes reasonably required by Landlord) an adverse effect on in substantial conformance with the structural integrity of the Building; Final Space Plan (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Working Drawing Design Problem"). If Landlord disapproves the Final Working Drawings, Tenant may resubmit Tenant's failure to reasonably disapprove the Final Working Drawings or any revisions thereto by written notice to Landlord at (which notice shall specify in detail the reasonable reasons for Tenant's disapproval pertaining to any time, and Landlord Working Drawing Design Problem) within said ten (10) business day period shall approve or disapprove be deemed to constitute Tenant's approval of the resubmitted Final Working Drawings within two (2) business days after Landlord receives or such resubmitted Final Working Drawingsrevisions.
Appears in 1 contract
Sources: Lease (Janux Therapeutics, Inc.)
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the "Final Working Drawings" (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers ---------------------- shall to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, engineering, structural, mechanical, electrical and plumbing working drawings for the Premises in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the "Final Working Drawings") and shall submit the same to Landlord for Landlord's approval. The Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply Landlord with four (4) completed hard copies signed by Tenant of the Final Working Drawings, and concurrently with Tenant's delivery of such hard copies, Tenant shall send to Landlord via electronic mail one (1) .pdf electronic copy of such Final Working Drawings. Landlord shall, shall advise Tenant within three five (35) business days after Landlord receives the Final Working Drawings, either (a) approve the Final Working Drawings, (b) approve Landlord's receipt of the Final Working Drawings subject to specified conditions to be satisfied by for the Premises if Landlord reasonably determines the same is unsatisfactory or incomplete in any respect. If Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 2.4is so advised, below, or (c) disapprove Tenant shall immediately revise the Final Working Drawings in accordance with such review and return them to Tenant with requested revisions; providedany disapproval of Landlord in connection therewith. In addition, however, that Landlord shall only be entitled to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above if the Final Working Drawings or any amendment thereof or supplement thereto shall require alterations in the Base Building (as contrasted with the Tenant Improvements), and if they materially deviate from the Construction DrawingsLandlord in its sole and exclusive discretion agrees to any such alterations, or for any and notifies Tenant of the following reasons: (i) an adverse effect on need and cost for such alterations, then Tenant shall pay the structural integrity cost of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment such required changes in advance upon receipt of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem")notice thereof. If Landlord disapproves the Final Working Drawings, Tenant may resubmit the Final Working Drawings to Landlord at any time, and Landlord shall approve or disapprove of the resubmitted Final Working Drawings within two (2) business days after Landlord receives such resubmitted Final Working Drawingspay all direct architectural and/or engineering fees in connection therewith.
Appears in 1 contract
Sources: Lease (Ellie Mae Inc)
Final Working Drawings. Tenant shall cause Tenant’s architect to prepare from the approved Space Plans and furnish to Landlord and Tenant for review and approval, the Architect complete architectural plans, drawings and the Engineers ---------------------- shall specifications and complete the architectural, engineering, structural, engineered mechanical, structural and electrical Working Drawings for (i) all of the Premises, showing the demising plan, improvements, and Tenant’s design work, (ii) Tenant’s electrical, plumbing drawings for the Premises in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits lighting requirements, and (collectively, the "Final Working Drawings"iii) and shall submit the same to Landlord for Landlord's approval. The any internal or external communications or special utility facilities (collectively “Final Working Drawings and Specifications”; the work shown thereon being called the “Tenant Work”), all in such form and in such detail as may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply Landlord reasonably required by Landlord. Concurrently with four (4) completed copies signed by Tenant the delivery of such Final Working Drawings. Landlord shall, within three (3) business days after Landlord receives the Final Working Drawings, either (a) approve the Final Working Drawings, (b) approve the Final Working Drawings subject to specified conditions to be satisfied by Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 2.4, below, or (c) disapprove the Final Working Drawings and return them Specifications to Landlord for its approval, Tenant with requested revisions; provided, however, that shall cause Tenant’s architect to deliver to Landlord shall only be entitled and Tenant for review and approval: (i) a schedule of values allocating costs to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above the various portions of the work involved in the construction and installation of the improvements required by the Final Working Drawings if they materially deviate from the Construction Drawingsand Specifications (“Schedule of Values”), or for any of the following reasons: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment estimate of the Building; or total Work Cost (iv“Work Cost Estimate”) an adverse effect on for the exterior appearance of the Building (individually or collectively, a "Design Problem"). If Landlord disapproves the Final Working Drawings, Tenant may resubmit Work to which the Final Working Drawings to Landlord at any timeand Specifications relate, and Landlord shall approve or disapprove of (iii) a tentative construction schedule for the resubmitted Tenant Work represented by the Final Working Drawings within two and Specifications showing the anticipated commencement date and projected completion date (2) business days after Landlord receives such resubmitted “Tentative Construction Schedule”). Tenant’s architect and/or contractor shall provide all services necessary for the preparation of the Final Working DrawingsDrawings and Specifications, Schedule of Values, Work Cost Estimate and Tentative Construction Schedule and for securing such permits and approvals as, by reason of the nature of the Tenant Work, shall be required from any governmental authority having jurisdiction over such work or for compliance with applicable statutes, codes, ordinances, rules or regulations deemed necessary by Landlord in connection with the Tenant Work, including, without limitation, OSHA and CAL-OSHA, life-safety and sprinklers.
Appears in 1 contract
Final Working Drawings. TenantBased on the Final Space Plan, Landlord shall cause the Architect and the Engineers ---------------------- shall to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, engineering, structural, mechanical, electrical and plumbing working drawings for the Premises in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the "“Final Working Drawings"”) and shall submit the same to Landlord Tenant for Landlord's Tenant’s approval. The Final Working Drawings may shall incorporate modifications to the Final Space Plan as necessary to comply with the floor load and other structural and system requirements of the Building. To the extent that the finishes and specifications are not completely set forth in the Final Space Plan for any portion of the Tenant Improvements depicted thereon, the actual specifications and finish work shall be submitted in one or more stages at one or more times, provided that accordance with the Specifications. Tenant shall ultimately supply Landlord with four (4) completed copies signed by Tenant of such approve or reasonably disapprove the Final Working Drawings. Landlord shall, Drawings or any revisions thereto within three (3) business days after Landlord receives the Final Working Drawings, either (a) approve the Final Working Drawings, (b) approve delivers the Final Working Drawings subject or any revisions thereto to specified conditions to be satisfied by Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 2.4, below, or (c) disapprove the Final Working Drawings and return them to Tenant with requested revisionsTenant; provided, however, that Landlord shall Tenant may only be entitled to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above the Final Working Drawings if they materially deviate from to the Construction Drawings, or for any of extent the following reasons: same are not (isubject to changes reasonably required by Landlord) an adverse effect on in substantial conformance with the structural integrity of the Building; Final Space Plan (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "“Working Drawing Design Problem"”). If Landlord Tenant reasonably disapproves the Final Working Drawings, Tenant may resubmit shall provide Landlord with written notice of such disapproval within said three (3) business day period along with the reasons for such disapproval. Thereafter, the parties shall negotiate in good faith to revise the Final Working Drawings to Landlord at any time, and Landlord shall approve or remove Tenant’s objections thereto. Tenant’s failure to reasonably disapprove of the resubmitted Final Working Drawings or any revisions thereto by written notice to Landlord (which notice shall specify in detail the reasonable reasons for Tenant’s disapproval pertaining to any Working Drawing Design Problem) within two said three (23) business days after Landlord receives such resubmitted day period shall be deemed to constitute Tenant’s approval of the Final Working DrawingsDrawings or such revisions.
Appears in 1 contract
Sources: Office Lease (Serena Software Inc)
Final Working Drawings. TenantUpon Landlord's approval (or deemed approval) of the Final Space Plan, Tenant shall cause the Architect and the Engineers ---------------------- shall to complete the architectural and engineering drawings for the applicable floor or Phase of the Premises, and Architect shall compile a fully coordinated set of architectural, engineering, structural, mechanical, electrical and plumbing working drawings for the Premises in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the "Final Working Drawings") and shall submit the same to Landlord for Landlord's approval. The Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply Landlord with four (4) completed hard copies signed by Tenant of the Final Working Drawings, and concurrently with Tenant's delivery of such hard copies, Tenant shall send to Landlord via electronic mail one (1) pdf electronic copy of such Final Working Drawings. Landlord shall, shall advise Tenant within three fifteen (315) business days after Landlord receives the Final Working Drawings, either (a) approve the Final Working Drawings, (b) approve Landlord's receipt of the Final Working Drawings subject if there is a Design Problem with respect to specified conditions such Final Working Drawings (setting forth in reasonable detail Landlord's reasons for believing a Design Problem exists) otherwise Landlord shall approve such Final Working Drawings within such fifteen (15) business day period. If Landlord fails to respond within such fifteen (15) business day period, then Tenant shall have the right to deliver a second notice to Landlord requesting Landlord's approval of such Final Working Drawings (which second notice shall include a copy of such Final Working Drawings), and if Landlord fails to respond within five (5) business day following Landlord's receipt of such second notice then Landlord shall be satisfied by Tenant prior deemed to submitting have approved the applicable Final Working Drawings. In addition, Landlord shall not disapprove any portion of the Final Working Drawings which is logically consistent with either (i) the Final Space Plan corresponding to such Final Working Drawings or (ii) the Final Working Drawings or the Approved Working Drawings for permits as set forth in Section 2.4, below, or (c) disapprove the Final Working Drawings and return them to Tenant with requested revisions; provided, however, that Landlord shall only be entitled to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above the Final Working Drawings if they materially deviate from the Construction Drawings, or any other similar Improvements for any floor or Phase of the following reasons: Premises previously approved (ior deemed approved) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem")by Landlord. If Landlord disapproves the advises Tenant that a Design Problem exists with respect to any Final Working Drawings, Tenant may resubmit shall cause the applicable Final Working Drawings to Landlord at any time, and be revised to correct such Design Problem. Landlord shall approve or disapprove any re-submittal of the resubmitted Final Working Drawings within two five (25) business days after Landlord receives receipt thereof and Landlord's failure to respond within such resubmitted five (5) business day period shall be deemed to be Landlord's approval of such Final Working Drawings.. At the time Landlord gives its approval to any Final Working Drawings, upon specific request by Tenant, Landlord shall notify Tenant in writing of whether any of the Improvements set forth in such Final Working Drawings are Specialty Improvements. If Landlord fails to so notify Tenant, then none of the Improvement set forth in such Final Working Drawings shall be deemed to be Specialty Improvements for purposes of this Lease. 720213.12/▇▇▇▇▇▇▇▇▇-00005/4-9-14/mem/ejw EXHIBIT B-21-
Appears in 1 contract
Sources: Office Lease (Salesforce Com Inc)
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, Title 24 calculations, electrical requirements and special electrical receptacle requirements for the Third Expansion Premises, to enable the Engineers and the Architect to complete the "Final Working Drawings" (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers ---------------------- shall to complete the architectural and engineering drawings for the Third Expansion Premises, and Architect shall compile a fully coordinated set of architectural, engineering, structural, mechanical, electrical and plumbing working drawings for the Premises in a form which is sufficiently complete to allow subcontractors all of Tenant's Agents to bid on the work and to obtain all applicable permits (collectively, the "Final Working Drawings") and shall submit the same to Landlord for Landlord's approval, which shall not be unreasonably withheld, conditioned, or delayed. The Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply Landlord with four (4) completed copies signed by Tenant of such Final Working Drawings. Landlord shall, shall advise Tenant within three seven (37) business days after Landlord receives the Final Working Drawings, either (a) approve the Final Working Drawings, (b) approve Landlord's receipt of the Final Working Drawings subject to specified conditions to be satisfied by Tenant prior to submitting for the Approved Working Drawings Third Expansion Premises (five (5) business days for permits as set forth re-submissions) if the same is unsatisfactory or incomplete in Section 2.4any respect (provided that, belowexcept in the case of re-submissions, or (c) disapprove if the scope of such Final Working Drawings and return them to Tenant with requested revisions; provided, however, are such that Landlord shall only cannot reasonably complete its review in such period, Landlord will inform Tenant, and such period will be entitled to conditionally approve pursuant to item extended five (b5) above or disapprove pursuant to item (c) above the Final Working Drawings if they materially deviate from the Construction Drawings, or for any of the following reasons: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem"additional business days). If Landlord disapproves the Final Working DrawingsTenant is so advised, Tenant may resubmit shall promptly cause the Final Working Drawings to be revised in accordance with such review and any disapproval of Landlord at any time, and in connection therewith. If Landlord shall fails to respond to or approve or disapprove of the resubmitted Final Working Drawings or any re-submission thereof within the foregoing period after Landlord’s receipt of the Final Working Drawings or any re-submission, Tenant may submit a notice (the “Final Working Drawings Notice”) with the following words in bold font, all capitalized: “FINAL NOTICE: FAILURE TO RESPOND IN TWO (2) BUSINESS DAYS CONSTITUTES APPROVAL BY LANDLORD OF THE FINAL WORKING DRAWINGS.” Failure of Landlord to respond to or approve of the Final Working Drawings or any re-submission thereof within two (2) business days after Landlord’s receipt of the Final Working Drawings Notice will constitute approval by Landlord receives such resubmitted of the Final Working Drawings.
Appears in 1 contract
Sources: Lease (Arcus Biosciences, Inc.)
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the subject Phase of the Premises, to enable the Engineers and the Architect to complete the "Final Working Drawings" (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers ---------------------- shall to complete the architectural and engineering drawings for the subject Phase of the Premises, and Architect shall compile a fully coordinated set of architectural, engineering, structural, mechanical, electrical and plumbing working drawings for the Premises in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the "Final Working Drawings") and shall submit the same to Landlord for Landlord's approval. The Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply Landlord with four (4) completed hard copies signed by Tenant of the Final Working Drawings, and concurrently with Tenant's delivery of such hard copies, Tenant shall send to Landlord via electronic mail one (1) .pdf electronic copy of such Final Working Drawings. Landlord shall, shall advise Tenant within three ten (310) business days after Landlord receives the Final Working Drawings, either (a) approve the Final Working Drawings, (b) approve Landlord's receipt of the Final Working Drawings for the subject to specified conditions to be satisfied by Phase of the Premises if the same is unsatisfactory or incomplete in any respect. If Tenant prior to submitting is so advised, Tenant shall immediately revise the Approved Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith. If Landlord fails to notify Tenant of Landlord's approval or disapproval of any such Final Working Drawings within such ten (10) business day period, Tenant shall have the right to provide Landlord with a second written request for permits as set forth in Section 2.4, below, or approval (ca "Working Drawing Second Request") disapprove that specifically identifies the Final Working Drawings and return them contains the following statement in bold and capital letters: "THIS IS A SECOND REQUEST FOR APPROVAL PURSUANT TO THE PROVISIONS OF SECTION 3.3 OF THE WORK LETTER ATTACHED TO THE LEASE. IF LANDLORD FAILS TO RESPOND WITHIN FIVE (5) BUSINESS DAYS AFTER RECEIPT OF THIS NOTICE, THEN LANDLORD SHALL BE DEEMED TO HAVE APPROVED THE FINAL WORKING DRAWINGS." If Landlord fails to Tenant with requested revisions; providedrespond to such Working Drawing Second Request within five (5) business days after receipt by Landlord, however, that Landlord shall only be entitled to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above the Final Working Drawings in question shall be deemed approved by Landlord. Subject to Landlord's obligation to perform the Code Work, if they materially deviate from the Construction DrawingsFinal Working Drawings or any amendment thereof or supplement thereto shall require alterations in the Base Building (as contrasted with the Improvements), or for and if Landlord in its sole and exclusive discretion agrees to any such alterations, and notifies Tenant of the following reasonsneed and cost for such alterations, then Tenant may elect to either: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem"). If Landlord disapproves the Final Working Drawings, Tenant may resubmit value engineer the Final Working Drawings so as to Landlord at any timereduce or eliminate such cost, or (ii) pay the cost of such required changes in advance upon receipt of notice thereof, and Landlord in either case Tenant shall approve or disapprove pay all direct architectural and/or engineering fees in connection with such Base Building changes, plus five percent (5%) of the resubmitted Final Working Drawings within two (2) business days after Landlord receives such resubmitted Final Working Drawingsdirect costs for Landlord's servicing and overhead.
Appears in 1 contract
Sources: Office Lease (Nektar Therapeutics)
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers ---------------------- shall to complete the architectural and engineering drawings for the Premises, and Architect shall compile architectural, engineering, structural, mechanical, electrical and plumbing working drawings for the Premises in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (which may be done by subspecialty if such subspecialty will be separately permitted by the City) (collectively, the "“Final Working Drawings"”) and shall submit the same to Landlord for Landlord's ’s approval. The Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply Landlord with four (4) completed copies signed by Tenant of such Final Working Drawings. Landlord shall, within three ten (310) business days after Landlord receives Landlord’s receipt of the Final Working Drawings, either (ai) approve the Final Working Drawings, (bii) approve the Final Working Drawings subject to specified conditions to be satisfied by Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 2.43.4, below, or (ciii) disapprove the Final Working Drawings and return them the same to Tenant with detailed requested revisions; provided, however, that Landlord shall only be entitled to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above the Final Working Drawings if they materially deviate from the Construction Drawings, or for any of the following reasons: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem"). If Landlord disapproves the Final Working Drawings, Tenant may shall resubmit the Final Working Drawings to Landlord at any timeLandlord, and Landlord shall approve or disapprove of the resubmitted Final Working Drawings (except that Landlord’s disapproval of the Final Working Drawings, as resubmitted, shall be final), within two five (25) business days after Landlord receives such resubmitted Final Working Drawings. If Tenant is so advised, Tenant shall immediately revise the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith. In addition, if the Final Working Drawings or any amendment thereof or supplement thereto shall require alterations in the Base Building (as contrasted with the Improvements), and if Landlord in its sole and exclusive discretion agrees to any such alterations, and notifies Tenant of the need and cost for such alterations, then Tenant shall pay, at its sole cost and expense, the cost of such required changes upon receipt of bills therefor.
Appears in 1 contract
Sources: Office Lease (Favrille Inc)
Final Working Drawings. Following Landlord's approval of the Space ---------------------- Plans, Tenant shall cause Tenant, the 's Architect and the Engineers ---------------------- shall to prepare and submit for Landlord's approval complete the and detailed construction plans and specifications, including a fully coordinated set of architectural, engineering, structural, mechanical, fire protection, electrical and plumbing working drawings for the Premises Tenant Improvement Work, in a form which is sufficiently complete to allow permit subcontractors to bid on the work and to work, obtain all applicable permits required Permits (collectively, as hereinafter defined) and commence construction (the "Final Working Drawings") and shall submit the same to Landlord for Landlord's approval). The Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply furnish Landlord with four (4) completed copies signed by Tenant of such Final Working Drawings. Landlord shall, shall approve or disapprove of the Final Working Drawings by giving written notice to Tenant within three five (35) business days after receipt thereof. Landlord receives shall not unreasonably withhold or delay its approval of the Final Working Drawings, either (a) approve provided that, without limiting the Final Working Drawingsgenerality of the foregoing, (b) approve Landlord shall be entitled to withhold its consent to the Final Working Drawings subject to for any of the reasons specified conditions to be satisfied by Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 2.4, below2.2 above, or (c) disapprove if in Landlord's good faith judgment, the Final Working Drawings and return them to Tenant with requested revisions; provided, however, that Landlord shall only be entitled to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above the Final Working Drawings if they materially deviate from the Construction Drawingsare inconsistent with, or for any of do not conform to, the following reasons: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem")Space Plans. If Landlord disapproves the Final Working Drawings, Tenant may resubmit Landlord shall return the Final Working Drawings to Landlord at Tenant with a statement of Landlord's reasons for disapproval and/or specifying any time, and required corrections or revisions. Landlord shall approve or disapprove of any such revisions to the resubmitted Final Working Drawings within two five (25) business days after receipt of such revisions. This procedure shall be repeated until Landlord receives such resubmitted approves the Final Working Drawings (as so approved, the "Approved Working Drawings").
Appears in 1 contract
Sources: Lease (Micromuse Inc)
Final Working Drawings. TenantAfter the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Improved Space, to enable the Engineers and the Architect to complete the "Final Working Drawings" (as that term is defined below) in the manner as set forth below. Within twenty-eight (28) days after approval of the Final Space Plan by Landlord, Tenant shall promptly cause the Architect and the Engineers ---------------------- shall to complete the architectural and engineering drawings for the Improved Space, and Architect shall compile a fully coordinated set of architectural, engineering, structural, mechanical, electrical and plumbing working drawings for the Premises in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the "Final Working DrawingsFINAL WORKING DRAWINGS") and shall submit the same to Landlord for Landlord's approval. The However, if Tenant reasonably determines that the Engineers are not reasonably responsive to Tenant's requirements, Tenant may so notify Landlord in writing and if Landlord does not cause such Engineers to be so responsive within one (1) business day after receipt of Tenant's notice, then said twenty-eight (28) day period shall be extended for each day after the expiration of said one (1) business day cure period that completion of the Final Working Drawings may are so delayed as a result of the failure of the Engineers to be submitted in one or more stages at one or more times, provided that reasonably responsive. Tenant shall ultimately supply Landlord with four two (42) completed copies signed by Tenant of such Final Working Drawings. Landlord shall, shall advise Tenant within three five (35) business days after Landlord's receipt of the Final Working Drawings for the Improved Space if the same is unsatisfactory or incomplete in any respect and Landlord's failure to give Tenant written notice of any such objection within said five (5) business-day period shall be deemed approval by Landlord receives of the Final Working Drawings. If Tenant is so advised, either Tenant shall within five (a5) approve the Final Working Drawings, (b) approve business days thereafter revise the Final Working Drawings subject to specified conditions to be satisfied by Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 2.4, below, or (c) disapprove the Final Working Drawings accordance with such review and return them to Tenant with requested revisions; provided, however, that any disapproval of Landlord shall only be entitled to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above the Final Working Drawings if they materially deviate from the Construction Drawings, or for any of the following reasons: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem"). If Landlord disapproves the Final Working Drawings, Tenant may resubmit the Final Working Drawings to Landlord at any time, and Landlord shall approve or disapprove of the resubmitted Final Working Drawings within two (2) business days after Landlord receives such resubmitted Final Working Drawingsin connection therewith.
Appears in 1 contract
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, Title 24 calculations, electrical requirements and special electrical receptacle requirements for the Expansion Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers ---------------------- shall to complete the architectural and engineering drawings for the Expansion Premises, and Architect shall compile a fully coordinated set of architectural, engineering, structural, mechanical, electrical and plumbing working drawings for the Premises in a form which is sufficiently complete to allow subcontractors all of Tenant’s Agents to bid on the work and to obtain all applicable permits (collectively, the "“Final Working Drawings"”) and shall submit the same to Landlord for Landlord's ’s approval, which shall not be unreasonably withheld, conditioned, or delayed. The Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply Landlord with four (4) completed copies signed by Tenant of such Final Working Drawings. Landlord shall, shall advise Tenant within three ten (310) business days after Landlord receives the Final Working Drawings, either (a) approve the Final Working Drawings, (b) approve ▇▇▇▇▇▇▇▇’s receipt of the Final Working Drawings subject to specified conditions for the Expansion Premises if the same is unsatisfactory or incomplete in any respect. If Tenant is so advised, Tenant shall promptly cause the Final Working Drawings to be satisfied by Tenant prior revised in accordance with such review and any disapproval of Landlord in connection therewith. If Landlord fails to submitting the Approved Working Drawings for permits as set forth in Section 2.4, below, approve or (c) disapprove the Final Working Drawings within such ten (10) business day period, then Tenant may send Landlord a reminder notice setting forth such failure (which reminder notice shall include a copy of such Final Working Drawings) and return them containing the following sentence at the top of such notice in bold, capitalized font at least twelve (12) points in size: “LANDLORD’S FAILURE TO RESPOND TO THIS NOTICE WITHIN FIVE (5) BUSINESS DAYS SHALL RESULT IN LANDLORD’S DEEMED APPROVAL OF THE FINAL WORKING DRAWINGS” (the “Final Working Drawings Reminder Notice”). If Landlord fails to Tenant respond with requested revisions; provided, however, that Landlord shall only be entitled to conditionally approve pursuant to item its approval or disapproval within five (b5) above or disapprove pursuant to item (c) above business days after its receipt of the Final Working Drawings if they materially deviate from the Construction DrawingsReminder Notice, or for any of the following reasons: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem"). If Landlord disapproves the Final Working Drawings, Tenant may resubmit then the Final Working Drawings to Landlord at any time, and Landlord shall approve or disapprove of the resubmitted Final Working Drawings within two (2) business days after Landlord receives such resubmitted Final Working Drawingsbe deemed approved by Landlord.
Appears in 1 contract
Sources: Lease Agreement (BioAtla, Inc.)
Final Working Drawings. TenantAfter the Space Plan has been approved by Landlord, Tenant shall supply the Building Consultants with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Building Consultants and the Architect and the Engineers ---------------------- shall to complete the Final Working Drawings (defined below) in the manner as set forth below. Tenant shall cause Architect to compile a fully coordinated set of architectural, engineering, structural, mechanical, electrical and plumbing working drawings for the Premises in a form which is sufficiently complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the "“Final Working Drawings"”) and shall submit the same to Landlord for Landlord's ’s approval, not to be unreasonably withheld, conditioned or delayed. The Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply Landlord with four (4) completed copies signed by Tenant of such Final Working Drawings, each signed by Architect and approved by Tenant. Landlord’s approval of Tenant’s Final Working Drawings shall not be unreasonably withheld, conditioned or delayed. Landlord shall, shall respond to Tenant’s submission of the Final Working Drawings within three ten (310) business days after following Tenant’s submission, and Landlord’s failure to respond within such time shall be a Landlord receives Delay. If Landlord disapproves Tenant’s Final Working Drawings, Landlord shall specify in reasonable detail, within such ten (10) business day period, the basis of such disapproval and the changes necessary to obtain Landlord’s approval of the Final Working Drawings. Thereafter, either (a) approve the Tenant may revise and re-submit its draft Final Working DrawingsDrawings to Landlord, which Landlord will review and respond to within ten (b10) approve business days, and Landlord’s failure to respond within such time shall be a Landlord Delay. This process shall continue until the Final Working Drawings subject to specified conditions to be satisfied have been approved in writing by Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 2.4, below, or (c) disapprove the Final Working Drawings and return them to Tenant with requested revisions; provided, however, that Landlord shall only be entitled to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above the Final Working Drawings if they materially deviate from the Construction Drawings, or for any of the following reasons: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem"). If Landlord disapproves the Final Working Drawings, Tenant may resubmit the Final Working Drawings to Landlord at any time, and Landlord shall approve or disapprove of the resubmitted Final Working Drawings within two (2) business days after Landlord receives such resubmitted Final Working DrawingsLandlord.
Appears in 1 contract
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, Title 24 calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers ---------------------- shall to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, engineering, structural, mechanical, electrical and plumbing working drawings for the Premises in a form which is sufficiently complete to allow subcontractors all of Tenant’s Agents to bid on the work and to obtain all applicable permits (collectively, the "“Final Working Drawings"”) and shall submit the same to Landlord for Landlord's ’s approval, which shall not be unreasonably withheld, conditioned, or delayed. The Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply Landlord with four (4) completed copies signed by Tenant of such Final Working Drawings. Landlord shall, shall advise Tenant within three ten (310) business days after Landlord’s receipt of the Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. If Tenant is so advised, Tenant shall promptly cause the Final Working Drawings to be revised in accordance with such review and any disapproval of Landlord receives in connection therewith. In the event of any dispute relating to the Final Working Drawings, either (a) approve the Final Working Drawingsparties shall promptly meet and confer and negotiate in good faith to resolve the dispute. In addition, (b) approve if the Final Working Drawings subject or any amendment thereof or supplement thereto shall require alterations in the Base Building (as contrasted with the Tenant Improvements), and if Landlord in its reasonable discretion agrees to specified conditions any such alterations, and notifies Tenant of the need and cost for such alterations, then Tenant shall have the right to review and approve the cost thereof (which approval shall not be satisfied unreasonably withheld, conditioned or delayed), and shall pay the approved cost of such required changes once completed by Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 2.4, below, or Landlord (c) disapprove the Final Working Drawings and return them to Tenant with requested revisions; provided, however, that Landlord shall only be entitled to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above the Final Working Drawings if they materially deviate from the Construction Drawings, or for any of the following reasons: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem"). If Landlord disapproves the Final Working Drawings, Tenant may resubmit use the Final Working Drawings Tenant Improvement Allowance to Landlord at any time, and Landlord shall approve or disapprove of the resubmitted Final Working Drawings within two (2) business days after Landlord receives pay such resubmitted Final Working Drawingscost).
Appears in 1 contract
Sources: Lease (Cytokinetics Inc)
Final Working Drawings. TenantAfter the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below, and shall cause the Architect and the Engineers ---------------------- shall to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, engineering, structural, mechanical, electrical and plumbing working drawings for the Premises in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the "“Final Working Drawings"”) and shall submit the same to Landlord for Landlord's ’s approval. The Final final Working Drawings may be submitted in more than one or more stages at delivery (i.e., architectural/structural drawings in one or more timessubmission, provided that followed by “MEP” drawings as a separate submission). Tenant shall ultimately supply Landlord with four one AutoCAD file and two (42) completed hard copies signed by Tenant of such Final Working Drawings. Landlord shall, shall advise Tenant within three ten (310) business days after Landlord receives the Final Working Drawings, either (a) approve the Final Working Drawings, (b) approve Landlord’s receipt of the Final Working Drawings subject to specified conditions to be satisfied by Tenant prior to submitting for the Approved Working Drawings for permits as set forth in Section 2.4Premises if the same are approved, belowor, or (c) disapprove if the Final Working Drawings and return them to Tenant with requested revisions; providedare not reasonably satisfactory or are incomplete in any respect, howeverdisapproved, that in which event Landlord shall only be entitled include in its notice of disapproval a reasonably detailed explanation as to conditionally approve pursuant to item (bwhich items are not satisfactory or complete and the reason(s) above or disapprove pursuant to item (c) above therefor. If Tenant is so advised, Tenant shall immediately revise the Final Working Drawings if they materially deviate from the Construction Drawings, or for in accordance with such review and any disapproval of the following reasons: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem")Landlord in connection therewith. If Landlord disapproves the Final Working Drawings, Tenant may resubmit the Final Working Drawings to Landlord at any time, and Landlord shall approve or disapprove of the resubmitted Final Working Drawings Drawings, based upon the criteria set forth in this Section 3.3, within two ten (210) business days Business Days after Landlord receives such resubmitted Final Working Drawings. Such procedure shall be repeated until the Final Working Drawings are approved. Notwithstanding the foregoing, Tenant may, at Tenant’s sole risk, submit Final Working Drawings to applicable building departments for approval concurrently with its submission to Landlord for approval.
Appears in 1 contract
Sources: Office Lease (Airbnb, Inc.)
Final Working Drawings. Following Landlord's approval of the Space Plans, Tenant shall cause Tenant, the 's Architect and the Engineers ---------------------- shall to prepare and submit for Landlord's approval complete the and detailed construction plans and specifications, including a fully coordinated set of architectural, engineering, structural, mechanical, electrical electrical, plumbing, HVAC, life safety and plumbing sprinkler working drawings for the Premises Tenant Improvement Work, in a form which is sufficiently complete to allow permit subcontractors to bid on the work and to obtain all applicable permits (collectively, the "Final Working Drawings") and shall submit the same to Landlord for Landlord's approval). The Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply furnish Landlord with four (4) completed copies signed by Tenant of such Final Working Drawings. Landlord shall, shall approve or disapprove of the Final Working Drawings by giving written notice to Tenant within three ten (310) business days after receipt thereof. Landlord receives shall not unreasonably withhold, condition or delay its approval of the Final Working Drawings, either (a) approve provided that, without limiting the Final Working Drawingsgenerality of the foregoing, (b) approve Landlord shall be entitled to withhold its consent to the Final Working Drawings subject to for any of the reasons specified conditions to be satisfied by Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 2.4, below2.2 above, or (c) disapprove if in Landlord's good faith judgment, the Final Working Drawings and return them to Tenant with requested revisions; provided, however, that Landlord shall only be entitled to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above the Final Working Drawings if they materially deviate from the Construction Drawingsare inconsistent with, or for any of do not conform to, the following reasons: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem")Space Plans. If Landlord disapproves the Final Working Drawings, Tenant may resubmit Landlord shall return the Final Working Drawings to Landlord at Tenant with a statement of Landlord's reasons for disapproval and specifying any time, and required corrections or revisions. Landlord shall approve or disapprove of any such revisions to the resubmitted Final Working Drawings within two five (25) business days after receipt of such revisions. This procedure shall be repeated until Landlord receives such resubmitted approves the Final Working Drawings (as so approved, the "Approved Working Drawings").
Appears in 1 contract
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and nonstandard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the "Final Working Drawings" (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers ---------------------- shall to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, engineering, structural, mechanical, electrical and plumbing working drawings for the Premises in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the "Final Working Drawings") and shall submit the same to Landlord for Landlord's approval. The Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply Landlord with four (4) completed hard copies signed by Tenant of the Final Working Drawings, and concurrently with Tenant's delivery of such hard copies, Tenant shall send to Landlord via electronic mail one (1) .pdf electronic copy of such Final Working Drawings. Landlord shall, shall advise Tenant within three five (35) business days after Landlord receives Landlord's receipt of all of the Final Working Drawings, either (ai) approve the Final Working Drawings, (bii) approve the Final Working Drawings subject to specified conditions, which conditions must be stated in a reasonably clear and complete manner, and shall only be conditions reasonably intended to be satisfied by Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 2.4, belowaddress a potential Design Problem, or (ciii) disapprove the Final Working Drawings and return them the Construction Drawings to Tenant with requested revisions; revisions; provided, however, that Landlord shall only be entitled to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above the such Final Working Drawings if they materially deviate from to the Construction Drawings, or for any extent of the following reasons: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem"). If Landlord disapproves the Final Working Drawings, Tenant may resubmit the Final Working Drawings to Landlord at any time, and Landlord shall approve or disapprove of the resubmitted Final Working Drawings Drawings, based upon the criteria set forth in this Section 3.3, within two three (23) business days after Landlord receives such resubmitted Final Working Drawings. Such procedure shall be repeated until the Final Working Drawings are approved. If Landlord has not timely approved the Final Working Drawings within the applicable time period set forth above, Tenant shall have the right to send a "reminder notice" to Landlord, which conspicuously indicates that Landlord's continued failure to respond may result in the deemed approval of the Final Working Drawings most recently delivered to Landlord (which notice shall be delivered to Landlord pursuant to the terms of the Lease, shall clearly state the following in bold: "LANDLORD'S FAILURE TO RESPOND WITHIN THREE (3) BUSINESS DAYS SHALL RESULT IN THE DEEMED APPROVAL OF THE FINAL WORKING DRAWINGS," and shall also be sent via electronic mail to the Landlord's representative set forth in Section 5.2 below). If Landlord fails to respond to Tenant regarding the Final Working Drawings within three (3) business days after its receipt of the reminder notice identified in the preceding sentence, then the Final Working Drawings shall be deemed to have been approved by Landlord; provided, however, in no event shall such "deemed approval" occur to the extent the parties are in discussions regarding the nature of the Final Working Drawings, the details contained therein or the specifications pertaining thereto.
Appears in 1 contract
Sources: Sublease (Dexcom Inc)
Final Working Drawings. On or before the Pharmacy – Tenant Deadline for Final Tenant Improvement Working Drawings to Landlord set forth in Schedule 1, Tenant, the Architect and the Engineers ---------------------- shall shall, based on the Final Space Plan and Construction Drawings, complete a minimum of Eighty Percent (80%) of the architectural, engineering, structural, mechanical, electrical architectural and plumbing engineering drawings for the Tenant Improvements in the Leased Premises and the final architectural working drawings in a form which that is complete sufficient to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the "“Final Working Drawings"”) and shall submit a complete draft set of the same to Landlord for Landlord's ’s approval. The Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply If Landlord with four (4) completed copies signed by Tenant disapproves any aspect of such Final Working Drawings. Landlord shall, within three (3) business days after Landlord receives the Final Working Drawings, either Landlord shall advise Tenant in writing of such disapproval and the reasons therefor within ten (a10) approve business days after receipt. Tenant shall then cause the Architect to address the Landlord’s disapproval the Final Working Drawings, incorporating the revisions requested by Landlord, and within fifteen (b15) approve business days resubmit the Final Working Drawings subject same to specified conditions to be satisfied by Tenant prior to submitting Landlord for approval. Timing is of the Approved Working Drawings for permits as set forth essence in Section 2.4, below, or (c) disapprove reaching agreement on the Final Working Drawings and return them the parties here to Tenant with requested revisions; provided, however, that Landlord shall only agree to proceed in good faith to reach agreement on the Final Working Drawings. This process will be entitled to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above repeated until the Final Working Drawings if they materially deviate from the Construction Drawings, or for any of the following reasons: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems are mutually approved by Landlord and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem")Tenant. If Landlord disapproves the The Final Working Drawings, Tenant may resubmit once approved in writing by both Landlord and Tenant, shall be referred to herein as the “Approved Working Drawings.”
3.3.1 If despite good-faith efforts of the parties, less than Eighty Percent (80%) of the Final Working Drawings are agreed to Landlord at any time, and Landlord shall approve on or disapprove of before the resubmitted Final Pharmacy - Approved Working Drawings within two Deadline on Schedule 1, then, as the parties’ sole remedy, all deadlines for Landlord’s and Tenant’s performance shall be extended by one (21) business days after Landlord receives such resubmitted Final Working Drawingsday for each day of delay until an agreement is reached.
Appears in 1 contract
Sources: Lease Agreement (HS Spinco, Inc.)
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the applicable 6310 Expansion Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers ---------------------- shall to complete the architectural and engineering drawings for the applicable 6310 Expansion Premises, and Architect shall compile a fully coordinated set of architectural, engineering, structural, mechanical, electrical and plumbing working drawings for the Premises in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the "“Final Working Drawings"”) and shall submit the same to Landlord for Landlord's ’s approval. The Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply Landlord with four (4) completed copies signed by Tenant of such Final Working Drawings. Landlord shall, within three five (35) business days after Landlord receives Landlord’s receipt of all of the Final Working Drawings, either (ai) approve the Final Working Drawings, (bii) approve the Final Working Drawings subject to specified conditions, which conditions must be stated in a reasonably clear and complete manner, and shall only be conditions reasonably intended to be satisfied by Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 2.4, belowaddress a potential Design Problem, or (ciii) disapprove the Final Working Drawings and return them the Construction Drawings to Tenant with requested revisions; provided, however, that Landlord shall only be entitled to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above the such Final Working Drawings if they materially deviate from to the Construction Drawings, or for any extent of the following reasons: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem"). If Landlord disapproves the Final Working Drawings, Tenant may resubmit the Final Working Drawings to Landlord at any time, and Landlord shall approve or disapprove of the resubmitted Final Working Drawings Drawings, based upon the criteria set forth in this Section 3.3, within two three (23) business days after Landlord receives such resubmitted Final Working Drawings.. Such procedure shall be repeated until the Final Working Drawings are approved. EXHIBIT B -4-
Appears in 1 contract
Sources: Office Lease
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, Title 24 calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers ---------------------- shall to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, engineering, structural, mechanical, electrical and plumbing working drawings for the Premises in a form which is sufficiently complete to allow subcontractors all of Tenant’s Agents to bid on the work and to obtain all applicable permits (collectively, the "“Final Working Drawings"”) and shall submit the same to Landlord for Landlord's ’s approval, which shall not be unreasonably withheld, conditioned, or delayed. The Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply Landlord with four (4) completed copies signed by Tenant of such Final Working Drawings. Landlord shall, shall advise Tenant within three ten (310) business days after Landlord receives the Final Working Drawings, either (a) approve the Final Working Drawings, (b) approve Landlord’s receipt of the Final Working Drawings subject to specified conditions to be satisfied by Tenant prior to submitting for the Approved Working Drawings for permits as set forth Premises if the same is unsatisfactory or incomplete in Section 2.4, below, or (c) disapprove the Final Working Drawings and return them to Tenant with requested revisions; provided, however, that Landlord shall only be entitled to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above the Final Working Drawings if they materially deviate from the Construction Drawings, or for any of the following reasons: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem")respect. If Landlord disapproves the Final Working DrawingsTenant is so advised, Tenant may resubmit shall promptly cause the Final Working Drawings to be revised in accordance with such review and any disapproval of Landlord at any time, and in connection therewith. If Landlord shall approve or disapprove of fails to respond to the resubmitted Final Working Drawings within two the ten (210) business day period set forth above, Tenant may send Landlord a reminder notice setting forth such failure containing the following sentence at the top of such notice in bold, capitalized font at least twelve (12) points in size: “LANDLORD’S FAILURE TO RESPOND TO THIS NOTICE WITHIN FIVE (5) BUSINESS DAYS SHALL RESULT IN LANDLORD’S DEEMED APPROVAL OF TENANT’S FINAL WORKING DRAWINGS” (the “Final Working Drawings Reminder Notice”). Any such Final Working Drawings Reminder Notice shall include a complete copy of the Final Working Drawings. If Landlord fails to respond within five (5) business days after Landlord receives such resubmitted receipt of a Final Working DrawingsDrawings Reminder Notice, then the Final Working Drawings shall be deemed approved by Landlord.
Appears in 1 contract
Sources: Lease (Maze Therapeutics, Inc.)
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers ---------------------- shall to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, engineering, structural, mechanical, electrical and plumbing working drawings for the Premises in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the "“Final Working Drawings"”) and shall submit the same to Landlord for Landlord's ’s approval. The Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply Landlord with four (4) completed hard copies signed by Tenant of the Final Working Drawings, and concurrently with Tenant’s delivery of such hard copies, Tenant shall send to Landlord via electronic mail one (1) .pdf electronic copy of such Final Working Drawings. Landlord shall, shall advise Tenant within three seven (37) business days after Landlord’s receipt of the Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. If Tenant is so advised, Tenant shall immediately revise the Final Working Drawings in accordance with such review and any disapproval of Landlord receives in connection therewith. Notwithstanding anything set forth herein to the contrary, Landlord shall not unreasonably withhold its approval of the Final Working Drawings, either (a) approve the Final Working Drawings, (b) approve the Final Working Drawings subject to specified conditions to be satisfied by Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 2.4, below, or (c) disapprove the Final Working Drawings and return them to Tenant with requested revisions; provided, however, provided that Landlord and Tenant hereby agree that it shall only be entitled deemed reasonable for Landlord to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above withhold its approval EXHIBIT B -6- ▇▇▇▇▇▇ REALTY ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ [StumbleUpon, Inc.] of the Final Working Drawings if they materially deviate from the Construction Drawings, a Design Problem exists or for any of the following reasons: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem"). If Landlord disapproves the Final Working Drawings, Tenant may resubmit the Final Working Drawings to Landlord at any timeare inconsistent with the Final Space Plan. In addition, and Landlord shall approve or disapprove of if the resubmitted Final Working Drawings within two or any amendment thereof or supplement thereto shall require alterations in the Base Building (2as contrasted with the Improvements), and if Landlord in its sole and exclusive discretion agrees to any such alterations, and notifies Tenant of the need and cost for such alterations, then Tenant shall pay the cost of such required changes in advance upon receipt of notice thereof. Tenant shall pay the sum of (i) business days after Landlord receives all actual, out-of-pocket, third-party direct architectural and/or engineering fees in connection therewith, (ii) all actual out-of-pocket “hard” construction costs in connection therewith, and (iii) ten percent (10%) of such resubmitted Final Working Drawingsforegoing “hard” construction costs for Landlord’s servicing and overhead relating to the actual construction of such required changes.
Appears in 1 contract
Sources: Sublease Agreement (Okta, Inc.)
Final Working Drawings. Upon the approval (or deemed approval) of the Final Space Plan by Landlord and Tenant, Tenant shall cause the Architect and the Engineers ---------------------- shall to complete the architectural and engineering drawings for the Premises and Architect shall compile a fully coordinated set of architectural, engineering, structural, mechanical, electrical and plumbing working drawings for the Premises in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the "Final Working Drawings") and shall submit the same to Landlord for Landlord's approval. The Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply Landlord with four (4) completed hard copies signed by Tenant of the Final Working Drawings, and concurrently with Tenant's delivery of such hard copies, Tenant shall send to Landlord via electronic mail one (1) .pdf electronic copy of such Final Working Drawings. In addition, Tenant shall have the right to include with its delivery of any Final Working Drawings a request to be notified whether the Improvements set forth thereon (or any portion thereof) constitute Specialty Alterations pursuant to Section 3.7. Landlord shall, shall advise Tenant within three ten (310) business days after Landlord receives the Final Working Drawings, either (a) approve the Final Working Drawings, (b) approve Tenant’s delivery of the Final Working Drawings subject pursuant to specified conditions the TCCs of Section 29.18 if there is a Design Problem with respect to be satisfied by Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 2.4, below, or (c) disapprove the such Final Working Drawings and return them to Tenant with requested revisions; provided, however, that Landlord shall only be entitled to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above the Final Working Drawings if they materially deviate from the Construction Drawings, or for any of the following reasons: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem"). If Landlord disapproves the Final Working Drawings, Tenant may resubmit the Final Working Drawings to Landlord at any time, and otherwise Landlord shall approve or disapprove of the resubmitted such Final Working Drawings within two such ten (210) business day period. If Landlord fails to respond to any request for consent to the Final Working Drawings within such ten (10) business day period, Tenant shall have the right to provide Landlord with a second request for consent, which second notice must state the following in bold and capped font: “THIS IS TENANT’S SECOND NOTICE TO LANDLORD. LANDLORD FAILED TO RESPOND TO TENANT’S FIRST NOTICE REQUESTING CONSENT TO THE FINAL WORKING DRAWINGS IN ACCORDANCE WITH THE TERMS OF THE WORK LETTER ATTACHED TO THE LEASE. IF LANDLORD FAILS TO RESPOND TO THIS NOTICE WITHIN FIVE (5) BUSINESS DAYS FOLLOWING TENANT’S DELIVERY OF THIS NOTICE PURSUANT TO THE TCCS OF SECTION 29.18 OF THE LEASE, LANDLORD SHALL BE DEEMED TO HAVE CONSENTED TO THE PROPOSED FINAL WORKING DRAWINGS.” If Tenant’s second notice complies with the terms of this Section and Landlord’s failure to respond continues for five (5) business days after Landlord receives such resubmitted its delivery of the second request for consent pursuant to the TCCs of Section 29.18 of the Lease, the Final Working DrawingsDrawings delivered to Landlord shall be deemed to have been approved by Landlord. If Tenant is so advised, Tenant shall revise the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith. In addition, if the Final Working Drawings or any amendment thereof or supplement thereto shall require alterations in the Base Building (as contrasted with the Improvements), and if Landlord in its sole and exclusive discretion agrees to any such alterations, and notifies Tenant of the need and cost for such alterations, then Tenant shall pay the reasonable and cost of such required changes in advance upon receipt of notice thereof.
Appears in 1 contract
Sources: Office Lease (Okta, Inc.)
Final Working Drawings. TenantLandlord and Tenant have agreed upon a final space plan for Tenant Improvements in the Premises, which final space plan was prepared by ID Studios and is dated July 27, 2013 and was last revised on August 4, 2013 (collectively, the “Final Space Plan”). Based upon the Final Space Plan, Landlord shall cause the Architect and the Engineers ---------------------- shall to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, engineering, structural, mechanical, electrical and plumbing working drawings for the Premises in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the "“Final Working Drawings"Drawings “) and shall submit the same to Landlord Tenant for Landlord's Tenant’s approval. The Final Working Drawings may shall incorporate modifications to the Final Space Plan as necessary to comply with the floor load and other structural and system requirements of the Building. To the extent that the finishes and specifications are not completely set forth in the Final Space Plan for any portion of the Tenant Improvements depicted thereon, the actual specifications and finish work shall be submitted in one or more stages at one or more times, provided that accordance with the Specifications. Tenant shall ultimately supply Landlord with four (4) completed copies signed by Tenant of such approve or reasonably disapprove the Final Working Drawings. Landlord shall, Drawings or any revisions thereto within three five (35) business days after Landlord receives the Final Working Drawings, either (a) approve the Final Working Drawings, (b) approve delivers the Final Working Drawings subject or any revisions thereto to specified conditions to be satisfied by Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 2.4, below, or (c) disapprove the Final Working Drawings and return them to Tenant with requested revisionsTenant; provided, however, that Landlord shall only be entitled to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above the Final Working Drawings if they materially deviate from the Construction Drawings, or for any of the following reasons: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem"). If Landlord disapproves the Final Working Drawings, Tenant may resubmit only disapprove the Final Working Drawings to Landlord at any time, and Landlord shall approve or the extent the same are not (subject to changes reasonably required by Landlord) in substantial conformance with the Final Space Plan (“Working Drawing Design Problem”). Tenant’s failure to disapprove of the resubmitted Final Working Drawings or any revisions thereto by written notice to Landlord (which notice shall specify in detail the reasonable reasons for Tenant’s disapproval pertaining to any Working Drawing Design Problem) within two said five (25) business days after Landlord receives such resubmitted day period shall be deemed to constitute Tenant’s approval of the Final Working DrawingsDrawings or such revisions.
Appears in 1 contract
Sources: Lease (Cadence Pharmaceuticals Inc)
Final Working Drawings. TenantAfter the Final Space Plan has been approved by Lessor, Lessee shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Lessor and Lessee, Lessee shall promptly cause the Architect and the Engineers ---------------------- shall to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, engineering, structural, mechanical, electrical and plumbing working drawings for the Premises with complete specifications in a form which is complete to allow subcontractors to bid on all of the work and to obtain all applicable permits (collectively, the "“Final Working Drawings"”) and shall submit the same to Landlord Lessor for Landlord's Lessor’s approval. The Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply Landlord with four (4) completed copies signed by Tenant Lessee of such Final Working Drawings. Landlord shall, Lessor shall advise Lessee within three seven (37) business days after Landlord receives Lessor’s receipt of the Final Working Drawings for the New Premises and Existing Premises, as applicable, if the same is reasonably unsatisfactory or incomplete in any respect. If Lessee is so advised, Lessee shall immediately revise the Final Working Drawings in accordance with such review and any disapproval of Lessor in connection therewith and submit the revised Final Working Drawings to Lessor no later than seven (7) business days after Lessor delivers its advice. If Lessor makes any objections to the Final Working Drawings, either (a) approve the Final Working Drawingsand provided such objections are reasonable, (b) approve the Final Working Drawings subject to specified conditions to be satisfied by Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 2.4, below, or (c) disapprove Lessee shall revise the Final Working Drawings and return them cause such objections to Tenant with requested revisions; provided, however, that Landlord shall only be entitled to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above remedied in the Final Working Drawings if they materially deviate from the Construction Drawings, or for any of the following reasons: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem"). If Landlord disapproves the revised Final Working Drawings, Tenant may resubmit the Final Working Drawings to Landlord at any time, and Landlord shall approve or disapprove of the resubmitted Final Working Drawings within . Within two (2) business days after Landlord Lessor receives such resubmitted the revised Final Working Drawings, Lessor shall approve or reasonably disapprove such revised Final Working Drawings. This procedure shall be repeated until the Final Working Drawings is finally approved by Lessor and written approval has been delivered to and received by Lessee. Lessor’s failure to advise timely shall be deemed approval. Lessor acknowledges that Lessee plans to utilize design-build MEPFS sub contractors.
Appears in 1 contract
Sources: Lease (Blue Coat Systems Inc)
Final Working Drawings. Tenant, the Architect and the Engineers ---------------------- shall complete the architectural, engineering, structural, mechanical, electrical architectural and plumbing engineering drawings for the Premises Premises, and the final architectural working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the "Final Working Drawings") and shall submit the same to Landlord for Landlord's approvalapproval as set forth below. The Following Landlord's approval of the applicable Final Space Plan, Tenant, the Architect and the Engineers shall complete the Final Working Drawings may be submitted for the applicable phase of the Tenant Improvements in one or more stages at one or more times, provided that Tenant a form which is sufficient to allow contractors to bid on the work and to obtain all applicable permits and shall ultimately supply submit the same to Landlord with four (4) completed copies signed by Tenant of such Final Working Drawingsfor Landlord's approval. Landlord shall, within three five (35) business days after Landlord receives Landlord's receipt of all of the Final Working Drawings, either (ai) approve the Final Working Drawings, (bii) approve the Final Working Drawings subject to specified conditions to be satisfied by Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 2.4, belowconditions, or (ciii) disapprove the Final Working Drawings and return them the Construction Drawings to Tenant with requested revisions; provided, however, that Landlord shall only be entitled to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above the such Final Working Drawings if they materially deviate from to the Construction Drawings, or for any extent of the following reasons: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem"). If Landlord disapproves the Final Working Drawings, Tenant may resubmit the Final Working Drawings to Landlord at any time, and Landlord shall approve or disapprove of the resubmitted Final Working Drawings Drawings, based upon the criteria set forth in this Section 3.3, within two three (23) business days after Landlord receives such resubmitted Final Working Drawings. Such procedure shall be repeated until the Final Working Drawings are approved.
Appears in 1 contract
Sources: Office Lease (Anacomp Inc)
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the "Final Working Drawings" (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall cause the Architect and the Engineers ---------------------- shall to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, engineering, structural, mechanical, electrical and plumbing working drawings for the Premises in a form which is complete to allow subcontractors to bid on the work work, to the extent applicable, and to obtain all applicable permits (collectively, the "Final Working Drawings") and shall submit the same to Landlord for Landlord's approval, which approval shall not be unreasonably withheld. The Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply Landlord with four (4) completed hard copies signed by Tenant and one (1) electronic copy of such Final Working Drawings. Landlord shall, shall advise Tenant within three ten (310) business days after Landlord receives the Final Working Drawings, either (a) approve the Final Working Drawings, (b) approve Landlord's receipt of the Final Working Drawings subject to specified conditions to be satisfied by Tenant prior to submitting for the Approved Working Drawings for permits as set forth in Section 2.4Premises if the same are approved, belowor, or (c) disapprove if the Final Working Drawings and return them to Tenant with requested revisions; providedare not reasonably satisfactory or are incomplete in any respect, howeverdisapproved, that in which event Landlord shall only be entitled include in its notice of disapproval a reasonably detailed explanation as to conditionally approve pursuant to item (bwhich items are not satisfactory or complete and the reason(s) above or disapprove pursuant to item (c) above therefor. If Tenant is so advised that the Final Working Drawings if they materially deviate from the Construction Drawings, are not satisfactory or for any of the following reasons: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem"). If Landlord disapproves the Final Working Drawingscomplete, Tenant may resubmit shall promptly revise the Final Working Drawings to in accordance with such review and any disapproval of Landlord at any timein connection therewith, and Landlord shall approve or disapprove of the resubmitted Final Working Drawings Drawings, based upon the criteria set forth in this Section 3.3, within two five (25) business days after Landlord receives such resubmitted Final Working Drawings. Such procedure shall be repeated until the Final Working Drawings are approved; provided, however, that if Landlord fails to notify Tenant of Landlord's approval or disapproval of any iteration of the Final Working Drawings within the initial ten (10) business day review period or any subsequent five (5) business day review period for approval or disapproval thereof, Tenant shall deliver Landlord an additional notice requesting approval and if Landlord thereafter fails to respond within five (5) business days of receipt of such additional notice, Landlord will be deemed to have approved such iteration of the Final Working Drawings.
Appears in 1 contract
Sources: Sublease (Okta, Inc.)
Final Working Drawings. TenantBased on the Final Space Plan, Landlord shall cause the Architect and the Engineers ---------------------- shall to complete the architectural and engineering drawings for the Premises, and cause the Architect to compile a fully coordinated set of architectural, engineering, structural, mechanical, electrical and plumbing working drawings for the Premises in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the "“Final Working Drawings"”) and shall submit the same to Landlord Tenant for Landlord's Tenant’s approval. The Final Working Drawings may shall incorporate modifications to the Final Space Plan as necessary to comply with the floor load and other structural and system requirements of the Building. To the extent that the finishes and specifications are not completely set forth in the Final Space Plan for any portion of the Tenant Improvements depicted thereon, the actual specifications and finish work shall be submitted in one or more stages at one or more times, provided that accordance with the Specifications. Tenant shall ultimately supply Landlord with four (4) completed copies signed by Tenant of such approve or reasonably disapprove the Final Working Drawings. Landlord shall, Drawings or any revisions thereto within three five (35) business days after Landlord receives the Final Working Drawings, either (a) approve the Final Working Drawings, (b) approve delivers the Final Working Drawings subject or any revisions thereto to specified conditions to be satisfied by Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 2.4, below, or (c) disapprove the Final Working Drawings and return them to Tenant with requested revisionsTenant; provided, however, that Landlord shall only be entitled to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above the Final Working Drawings if they materially deviate from the Construction Drawings, or for any of the following reasons: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem"). If Landlord disapproves the Final Working Drawings, Tenant may resubmit only disapprove the Final Working Drawings to Landlord at the extent the same are not (subject to changes reasonably required by Landlord) in substantial conformance with the Final Space Plan (“Working Drawing Design Problem”) unless Tenant agrees in writing that any time, changes requested by Tenant (and Landlord the processing of such changes even if they are not implemented) shall approve or be deemed a Tenant Delay. Tenant’s failure to reasonably disapprove of the resubmitted Final Working Drawings or any revisions thereto by written notice to Landlord (which notice shall specify in detail the reasonable reasons for Tenant’s disapproval pertaining to any Working Drawing Design Problem) within two said five (25) business days after Landlord receives such resubmitted day period shall be deemed to constitute Tenant’s approval of the Final Working DrawingsDrawings or such revisions.
Appears in 1 contract
Final Working Drawings. Based upon the Final Space Plan approved by Landlord (and any conditions of approval thereof imposed by Landlord), after Landlord’s approval of the Final Space Plan, Tenant shall cause the Tenant, the ’s Architect and the Engineers ---------------------- shall to complete and deliver to Landlord for Landlord’s approval four (4) copies of complete fully coordinated architectural and (to the architectural, engineering, extent required) structural, mechanical, electrical and plumbing working drawings and specifications for the Premises Tenant Improvements in a form which is sufficiently complete to allow all subcontractors to bid on the work shown therein and to obtain all applicable permits Permits (defined below) (collectively, the "“Final Working Drawings") and shall submit the same to Landlord for Landlord's approval. The Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply Landlord with four (4) completed copies signed by Tenant of such Final Working Drawings”). Landlord shall, within three ten (310) business days Business Days after Landlord receives the Final Working Drawings, either (ai) approve the Final Working Drawings, (bii) approve the Final Working Drawings subject to specified conditions to be satisfied by Tenant prior to submitting submission of the Approved Working Drawings same by Tenant for permits as set forth in Section 2.4, belowthe Permits, or (ciii) disapprove and return the same to Tenant with the changes required to be made to the Final Working Drawings in order to correct any problem on which Landlord’s disapproval shall be based and shall return them to Tenant with requested revisions; provided, however, that Landlord shall only be entitled to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above the Final Working Drawings if they materially deviate from the Construction Drawings, or for any of the following reasons: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem")to Tenant. If Landlord disapproves the Final Working Drawings, within five (5) Business Days of receipt of such disapproval, Tenant may shall make all changes thereto required to satisfy Landlord’s required revisions and shall resubmit to Landlord such Final Working Drawings, with the foregoing procedure to be repeated until the Final Working Drawings to are ultimately approved by Landlord at any time(as so approved, and Landlord shall approve or disapprove of the resubmitted Final “Approved Working Drawings”). The Approved Working Drawings within two (2) business days after Landlord receives such resubmitted Final Working and all parts or components thereof are sometimes referred to herein as the “Construction Drawings.”
Appears in 1 contract
Final Working Drawings. On or before the Project—Tenant Deadline for Final Tenant Improvement Working Drawings to Landlord set forth in Schedule 1, Tenant, the Architect and the Engineers ---------------------- shall shall, based on the Final Space Plan and Construction Drawings, complete a minimum of Eighty Percent (80%) of the architectural, engineering, structural, mechanical, electrical architectural and plumbing engineering drawings for the Tenant Improvements in the Leased Premises and the final architectural working drawings in a form which that is complete sufficient to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the "“Final Working Drawings"”) and shall submit a complete draft set of the same to Landlord for Landlord's ’s approval. The Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply If Landlord with four (4) completed copies signed by Tenant disapproves any aspect of such Final Working Drawings. Landlord shall, within three (3) business days after Landlord receives the Final Working Drawings, either Landlord shall advise Tenant in writing of such disapproval and the reasons therefor within ten (a10) approve business days after receipt. Tenant shall then cause the Architect to address the Landlord’s disapproval the Final Working Drawings, incorporating the revisions requested by Landlord, and within fifteen (b15) approve business days resubmit the Final Working Drawings subject same to specified conditions to be satisfied by Tenant prior to submitting Landlord for approval. Timing is of the Approved Working Drawings for permits as set forth essence in Section 2.4, below, or (c) disapprove reaching agreement on the Final Working Drawings and return them the parties here to Tenant with requested revisions; provided, however, that Landlord shall only agree to proceed in good faith to reach agreement on the Final Working Drawings. This process will be entitled to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above repeated until the Final Working Drawings if they materially deviate from the Construction Drawings, or for any of the following reasons: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems are mutually approved by Landlord and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem")Tenant. If Landlord disapproves the The Final Working Drawings, Tenant may resubmit once approved in writing by both Landlord and Tenant, shall be referred to herein as the “Approved Working Drawings.”
3.3.1 If despite good-faith efforts of the parties, less than Eighty Percent (80%) of the Final Working Drawings are agreed to Landlord at any time, and Landlord shall approve on or disapprove of before the resubmitted Final Project—Approved Working Drawings within two Deadline on Schedule 1, then, as the parties’ sole remedy, all deadlines for Landlord’s and Tenant’s performance shall be extended by one (21) business days after Landlord receives such resubmitted Final Working Drawingsday for each day of delay until an agreement is reached.
Appears in 1 contract
Sources: Lease Agreement (HS Spinco, Inc.)
Final Working Drawings. TenantUpon Landlord’s approval (or deemed approval) of a Final Space Plan, Tenant shall cause the Architect and the Engineers ---------------------- shall to complete the architectural and engineering drawings for the applicable Portion of the Premises, and Architect shall compile a fully coordinated set of architectural, engineering, structural, mechanical, electrical and plumbing working drawings for the Premises in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the "“Final Working Drawings"”) and shall submit the same to Landlord for Landlord's ’s approval. The Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply Landlord with four (4) completed hard copies signed by of the Final Working Drawings, and concurrently with Tenant’s delivery of such hard copies, Tenant shall send to Landlord via electronic mail one (1) .pdf electronic copy of such Final Working Drawings. Landlord shallshall not disapprove any portion of the Final Working Drawings which is logically consistent with either (i) the Final Space Plan corresponding to such Final Working Drawings, (ii) the Final Working Drawings or the Approved Working Drawings for any other Portion of the Premises or (iii) is substantially similar to those improvement depicted on Schedule 2 attached hereto. Landlord shall advise Tenant within ten (10) business days after Landlord’s receipt of the Final Working Drawings if a Design Problem exists with respect to such Final Working Drawings, otherwise Landlord shall approve such Final Working Drawings. If Landlord fails to timely respond as to whether a Design Problem exists, Tenant may deliver to Landlord a second written request for such approval, which written notice must state in bold and all caps, “FAILURE TO RESPOND TO THIS WRITTEN NOTICE WITHIN THREE (3) BUSINESS DAYS AFTER RECEIPT HEREOF SHALL CONSTITUTE APPROVAL OF THE FINAL WORKING DRAWINGS.” If Landlord fails to advise Tenant whether the Final Working Drawings a Design Problem exists within such three (3) business days after day period, then Landlord receives will be deemed to have approved the applicable Final Working Drawings, either (a) approve the Final Working Drawings, (b) approve the Final Working Drawings subject to specified conditions to be satisfied by Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 2.4, below, or (c) disapprove the Final Working Drawings and return them to Tenant with requested revisions; provided, however, that Landlord shall only be entitled to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above the Final Working Drawings if they materially deviate from the Construction Drawings, or for any of the following reasons: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem"). If Landlord disapproves the advises Tenant that a Design Problem exists with respect to any Final Working Drawings, Tenant may resubmit shall cause the applicable Final Working Drawings to Landlord at any time, and be revised to correct such Design Problem. Landlord shall approve or disapprove any re-submittal of the resubmitted Final Working Drawings within two five (25) business days after Landlord receives receipt thereof and Landlord’s failure to respond within such resubmitted five (5) business day period shall be deemed to be Landlord’s approval of such Final Working Drawings. At the time Landlord gives its approval to any Final Working Drawings, Landlord shall notify Tenant in writing of whether any of the Tenant Improvements set forth in such Final Working Drawings are Specialty Improvements. If Landlord fails to so notify Tenant, then none of the Tenant Improvement set forth in such Final Working Drawings shall be deemed to be Specialty Improvements for purposes of this Lease.
Appears in 1 contract
Sources: Sublease (Twilio Inc)
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers ---------------------- shall to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, engineering, structural, mechanical, electrical and plumbing working drawings for the Premises in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the "“Final Working Drawings"”) and shall submit the same to Landlord for Landlord's ’s approval. The Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply Landlord with four (4) completed copies signed by Tenant of such Final Working Drawings. Landlord shallshall advise Tenant within five (5) business days after Landlord’s receipt of the Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect, provided, Landlord may not withhold its consent unless a Design Problem exists or the Final Working Drawings are not consistent with or a logical extension of the Final Space Plan. If Tenant is so advised, Tenant shall immediately revise the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith and resubmit them to Landlord for approval, which shall occur within three (3) business days after Landlord receives the Final Working Drawings, either (a) approve the Final Working Drawings, (b) approve the Final Working Drawings subject to specified conditions to be satisfied by Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 2.4, below, or (c) disapprove the Final Working Drawings and return them to Tenant with requested revisions; provided, however, that Landlord shall only be entitled to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above the Final Working Drawings if they materially deviate from the Construction Drawings, or for any of the following reasons: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem")resubmission. If Landlord disapproves the Final Working Drawings, Tenant may resubmit the Final Working Drawings fails to Landlord at any time, and Landlord shall approve or disapprove of the resubmitted Final Working Drawings within two (2) business days after the applicable periods set forth above, Landlord receives such resubmitted shall be deemed to have approved the Final Working Drawings. In addition, if the Final Working Drawings or any amendment thereof or supplement thereto shall require alterations in the Base, Shell and Core (as contrasted with the Tenant Improvements), and if Landlord in its sole and exclusive discretion agrees to any such alterations, and notifies Tenant of the need and cost for such alterations, then Tenant shall pay the cost of such required changes upon receipt of bills therefor. Tenant shall pay all direct architectural and/or engineering fees in connection therewith.
Appears in 1 contract
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the "Final Working Drawings" (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers ---------------------- shall to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, engineering, structural, mechanical, electrical and plumbing working drawings for the Premises in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the "Final Working Drawings") and shall submit the same to Landlord for Landlord's approval. The Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply Landlord with four (4) completed hard copies signed by Tenant of the Final Working Drawings, and concurrently with Tenant's delivery of such hard copies, Tenant shall send to Landlord via electronic mail one (1) .pdf electronic copy of such Final Working Drawings. Landlord shall, shall advise Tenant within three five (35) business days after Landlord receives Landlord's receipt of all of the Final Working Drawings, either (ai) approve the Final Working Drawings, (bii) approve the Final Working Drawings subject to specified conditions, which conditions must be stated in a reasonably clear and complete manner, and shall only be conditions reasonably intended to be satisfied by Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 2.4, belowaddress a potential Design Problem, or (ciii) disapprove the Final Working Drawings and return them the Construction Drawings to Tenant with requested revisions; provided, however, that Landlord shall only be entitled to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above the such Final Working Drawings if they materially deviate from to the Construction Drawings, or for any extent of the following reasons: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem"). If Landlord disapproves the Final Working Drawings, Tenant may resubmit the Final Working Drawings to Landlord at any time, and Landlord shall approve or disapprove of the resubmitted Final Working Drawings Drawings, based upon the criteria set forth in this Section 3.3, within two three (23) business days after Landlord receives such resubmitted Final Working Drawings. Such procedure shall be repeated until the Final Working Drawings are approved. If Landlord has not timely approved the Final Working Drawings within the applicable time period set forth above, Tenant shall have the right to send a "reminder notice" to Landlord, which conspicuously indicates that Landlord's continued failure to respond may result in the deemed approval of the Final Working Drawings most recently delivered to Landlord (which notice shall be delivered to Landlord pursuant to the terms of the Lease, shall clearly state the following in bold: "LANDLORD'S FAILURE TO RESPOND WITHIN THREE (3) BUSINESS DAYS SHALL RESULT IN THE DEEMED APPROVAL OF THE FINAL WORKING DRAWINGS," and shall also be sent via electronic 712812.03/WLA 214064-00120/9-26-13/gjn/gjn -6- ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇ [Second Amendment/Substitute Premises Amendment] [Entropic Communications, Inc.] mail to the Landlord's representative set forth in Section 5.2 below). If Landlord fails to respond to Tenant regarding the Final Working Drawings within three (3) business days after its receipt of the reminder notice identified in the preceding sentence, then the Final Working Drawings shall be deemed to have been approved by Landlord; provided, however, in no event shall such "deemed approval" occur to the extent the parties are in discussions regarding the nature of the Final Working Drawings, the details contained therein or the specifications pertaining thereto.
Appears in 1 contract
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, Title 24 calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the "Final Working Drawings" (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers ---------------------- shall to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, engineering, structural, mechanical, electrical and plumbing working drawings for the Premises in a form which is sufficiently complete to allow subcontractors all of Tenant's Agents to bid on the work and to obtain all applicable permits (collectively, the "Final Working Drawings") and shall submit the same to Landlord for Landlord's approval, which shall not be unreasonably withheld, conditioned, or delayed. The Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply Landlord with four (4) completed copies signed by Tenant of such Final Working Drawings. Landlord shall, shall advise Tenant within three ten (310) business days after Landlord receives the Final Working Drawings, either (a) approve the Final Working Drawings, (b) approve Landlord's receipt of the Final Working Drawings subject to specified conditions to be satisfied by for the Premises if the same is unsatisfactory or incomplete in any respect. If Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 2.4is so advised, below, or (c) disapprove Tenant shall promptly cause the Final Working Drawings to be revised in accordance with such review and return them any disapproval of Landlord in connection therewith. If Landlord fails to Tenant with requested revisions; provided, however, that Landlord shall only be entitled respond to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above the Final Working Drawings if they materially deviate from Construction Documents within the Construction Drawingsten (10) business day period set forth above, or for any of the following reasons: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems Tenant may send Landlord a notice setting forth such failure and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, warning that a continuing failure to respond may result in a "Design Problemdeemed approval" (the "Final Construction Documents Reminder Notice"). If Landlord disapproves fails to respond to the Final Working Drawings, Tenant may resubmit the Final Working Drawings to Landlord at any time, and Landlord shall approve or disapprove of the resubmitted Final Working Drawings Construction Documents within two five (25) business days after Landlord receives receipt of the Final Construction Documents Reminder Notice, such resubmitted portion of the Final Working DrawingsConstruction Documents shall be deemed approved by Landlord.
Appears in 1 contract
Sources: Lease (Allogene Therapeutics, Inc.)
Final Working Drawings. Tenant, the Architect Tenant’s architect and the Engineers ---------------------- Tenant’s engineers shall complete the architectural, engineering, structural, mechanical, electrical architectural and plumbing engineering drawings for the Premises Initial Alterations, and the final architectural working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits the Required Permits (collectively, the "“Final Working Drawings"”) and shall submit the same to Landlord for Landlord's ’s approval. The Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply Landlord with four (4) completed copies signed by Tenant of such Final Working Drawings. Landlord shall, within three five (35) business days Business Days after Landlord receives Landlord’s receipt of the Final Working Drawings, either (ai) approve the Final Working Drawings, (bii) approve the Final Working Drawings subject to specified conditions (which conditions must be stated in a reasonably clear manner) to be satisfied by Tenant prior to submitting the Approved Final Working Drawings for permits as set forth in Section 2.4the Required Permits, belowto the extent the Final Working Drawings contain an Initial Alterations Design Problem, or (ciii) disapprove the Final Working Drawings for an Initial Alterations Design Problem and return them the same to Tenant with requested revisions; provided, however, that Landlord shall only be entitled to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above the Final Working Drawings if they materially deviate from the Construction Drawings, or for any of the following reasons: (i) contain an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Initial Alterations Design Problem"). If Landlord disapproves the Final Working Drawings, Tenant may shall resubmit the Final Working Drawings to Landlord at any timeLandlord, and Landlord shall approve or disapprove of the resubmitted Final Working Drawings Drawings, based upon the criteria set forth in this Section C, within two five (25) business days Business Days after Landlord receives such resubmitted Final Working Drawings. Such procedure shall be repeated until the Final Working Drawings are approved by Landlord. If Landlord fails to timely respond to Tenant within any applicable response period referenced herein for Landlord’s approval of the Final Working Drawings, then Tenant shall deliver a second notice requesting Landlord’s response to such Final Working Drawings and if Landlord thereafter fails to respond within three (3) Business Days, Landlord’s approval shall be deemed granted.
Appears in 1 contract
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, electrical requirements and special electrical receptacle requirements for the relevant Phase of the Tenant Improvements, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) for the Premises in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers ---------------------- shall to complete the architectural and engineering drawings for the relevant Phase, and Architect shall compile a fully coordinated set of architectural, engineering, structural, mechanical, electrical and plumbing working drawings for the Premises in a form which is sufficiently complete to allow subcontractors all of Tenant’s Agents to bid on the work and to obtain all applicable permits (collectively, the "“Final Working Drawings"”) and shall submit the same to Landlord for Landlord's ’s approval, which shall not be unreasonably withheld, conditioned, or delayed. The Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply Landlord with four (4) completed copies signed by Tenant of such Final Working Drawings. Landlord shall, shall advise Tenant within three five (35) business days after Landlord receives the Final Working Drawings, either (a) approve the Final Working Drawings, (b) approve the Final Working Drawings subject to specified conditions to be satisfied by Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 2.4, below, or (c) disapprove the Final Working Drawings and return them to Tenant with requested revisions; provided, however, that Landlord shall only be entitled to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above Landlord’s receipt of the Final Working Drawings if they materially deviate from the Construction Drawingssame is unsatisfactory or incomplete in any respect (provided that, or for any if the scope of the following reasons: such Final Working Drawings are such that Landlord cannot reasonably complete its review in such period, Landlord will inform Tenant, and such period will be extended five (i5) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem"additional business days). If Landlord disapproves the Final Working DrawingsTenant is so advised, Tenant may resubmit shall promptly cause the Final Working Drawings to be revised in accordance with such review and any disapproval of Landlord at in connection therewith. If Landlord fails to respond to any timerequests within the specified period, Tenant may deliver Landlord a reminder notice, and if Landlord shall approve or disapprove of the resubmitted Final Working Drawings fails to respond within two (2) business days after Landlord receives receipt of the reminder notice, such resubmitted Final Working Drawingsrequest shall be deemed approved.
Appears in 1 contract
Sources: Lease (Oric Pharmaceuticals, Inc.)
Final Working Drawings. Tenant, the Architect Lessor and the Engineers ---------------------- its architect and engineers shall complete the architectural, engineering, structural, mechanical, electrical architectural and plumbing engineering drawings for the Premises Work within the Premises. The final architectural working drawings shall be in a form which is complete to allow subcontractors to bid on the work Work and to obtain all applicable permits (collectively, the "“Final Working Drawings"”) and shall submit the same to Landlord County for Landlord's County’s approval, such approval not to be unreasonably withheld, conditioned or delayed. The County shall approve or reasonably disapprove any draft of the Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply Landlord with four within seven (4) completed copies signed by Tenant of such Final Working Drawings. Landlord shall, within three (37) business days after Landlord receives the Final Working Drawings, either (a) approve the Final Working Drawings, (b) approve the Final Working Drawings subject to specified conditions to be satisfied by Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 2.4, below, or (c) disapprove the Final Working Drawings and return them to Tenant with requested revisionsCounty’s receipt thereof; provided, however, that Landlord (i) County shall only not be entitled to conditionally approve pursuant to item (b) above disapprove any portion, component or disapprove pursuant to item (c) above aspect of the Final Working Drawings which are consistent with the Final Space Plan unless (a) County agrees to pay for the additional cost (if they materially deviate any) resulting from such change in the Construction DrawingsFinal Space Plan and (b) County agrees that any such delays caused by such change(s) shall be deemed a County Delay for all purposes of this Work Letter, or for any of Schedule 1 attached hereto and the following reasons: (i) an adverse effect on the structural integrity of the Building; Lease, and (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment any disapproval of the Building; or (iv) an adverse effect on the exterior appearance Final Working Drawings by County shall be accompanied by a detailed written explanation of the Building reasons for County’s disapproval. Failure of County to reasonably disapprove any draft of the Final Working Drawings within said seven (individually or collectively, a "Design Problem")7) business day period shall be deemed to constitute County’s approval thereof. If Landlord disapproves This process shall be repeated until the Final Working Drawings have been approved; it being agreed that County’s right to raise objections (following County’s initial objections to Lessor’s first submission of the Final Working Drawings, Tenant may resubmit ) shall be limited to (a) the revisions made to the previous submission of the Final Working Drawings in order to Landlord at any time, and Landlord shall approve address County’s prior objections or disapprove changes which are derivative of changes resulting from such prior objections and/or (b) revisions to design elements not previously a part of the resubmitted Final Working Drawings within two (2) business days after Landlord receives such resubmitted previously submitted to County. The Final Working Drawings, as approved by Lessor and County, may be referred to herein as the “Approved Working Drawings.” County shall make no changes or modifications to the Final Space Plan or the Approved Working Drawings without the prior written consent of Lessor, which consent may be withheld in Lessor’s sole discretion if such change or modification would directly or indirectly delay the Substantial Completion of the Work or increase the cost of designing or constructing the Work. Lessor shall promptly submit the Approved Working Drawings to the appropriate municipal authorities for all applicable building permits necessary to allow Contractor as that term is defined in Section 4, below, to commence and fully complete the construction of the Work (the “Permits”). County shall cooperate with Lessor in promptly executing permit applications and performing other ministerial acts reasonably necessary to enable Lessor to obtain any such permit or certificate of occupancy. No changes, modifications or alterations in the Approved Working Drawings may be made without the prior written consent of Lessor, provided that Lessor may withhold its consent, in its sole discretion, to any change in the Approved Working Drawings if such change would directly or indirectly delay the Substantial Completion of the Premises Work. The Approved Working Drawings are attached hereto as Exhibit C-4 SECTION 3. - TIME DEADLINES (AS DEFINED IN SCHEDULE 1 ATTACHED HERETO AS EXHIBIT C-2) County shall use its good faith efforts and due diligence to cooperate with the Lessor, its architect, and the engineers to complete all phases of the construction drawings and the permitting process and to receive the Permits, and with Contractor (as defined below) as soon as possible after the execution of the Lease, and, in that regard, shall meet with ▇▇▇▇▇▇ on a scheduled basis to be determined by Lessor, to discuss the progress in connection with the same. The applicable dates for approval of items, plans and drawings as described in this in this Work Letter are set forth and further elaborated upon in Schedule 1 attached hereto. County agrees to comply with the timeline in Schedule 1.
Appears in 1 contract
Sources: Lease Agreement
Final Working Drawings. Following Landlord’s approval of the Space Plans, Tenant shall cause Tenant, the ’s Architect and the Engineers ---------------------- shall to prepare and submit for Landlord’s approval complete the and detailed construction plans and specifications, including a fully coordinated set of architectural, engineering, structural, mechanical, electrical electrical, plumbing, HVAC, life safety and plumbing sprinkler working drawings for the Premises Tenant Improvement Work, in a form which is sufficiently complete to allow permit subcontractors to bid on the work and to obtain all applicable permits (collectively, the "“Final Working Drawings") and shall submit the same to Landlord for Landlord's approval”). The Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply furnish Landlord with four (4) completed copies signed by Tenant of such Final Working Drawings. Landlord shall, shall approve or disapprove of the Final Working Drawings by giving written notice to Tenant within three ten (310) business days after receipt thereof. Landlord receives shall not unreasonably withhold or delay its approval of the Final Working Drawings, either (a) approve provided that, without limiting the Final Working Drawingsgenerality of the foregoing, (b) approve Landlord shall be entitled to withhold its consent to the Final Working Drawings subject to for any of the reasons specified conditions to be satisfied by Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 2.4, below3.2 above, or (c) disapprove if in Landlord’s good faith judgment, the Final Working Drawings and return them to Tenant with requested revisions; provided, however, that Landlord shall only be entitled to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above the Final Working Drawings if they materially deviate from the Construction Drawingsare inconsistent with, or for any of do not conform to, the following reasons: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem")Space Plans. If Landlord disapproves the Final Working Drawings, Tenant may resubmit Landlord shall return the Final Working Drawings to Landlord at Tenant with a statement of Landlord’s reasons for disapproval and/or specifying any time, and required corrections or revisions. Landlord shall approve or disapprove of any such revisions to the resubmitted Final Working Drawings within two five (25) business days after receipt of such revisions. This procedure shall be repeated until Landlord receives such resubmitted approves the Final Working Drawings (as so approved, the “Approved Working Drawings”).
Appears in 1 contract
Final Working Drawings. Promptly after the Final Space Plan has been approved by Landlord and Tenant, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the "Final Working Drawings" (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall (i) promptly cause the Architect and the Engineers ---------------------- shall to complete the architectural and engineering drawings for the Premises, (ii) promptly cause the Architect to compile a fully coordinated set of architectural, engineering, structural, mechanical, electrical and plumbing working drawings for the Premises in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the "Final Working Drawings"), and (iii) and shall on or before the date set forth in Schedule 2 attached to this Work Letter, submit the same to Landlord for Landlord's approval. The Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply Landlord with four (4) completed hard copies signed by Tenant of the Final Working Drawings, and concurrently with Tenant's delivery of such hard copies, Tenant shall send to Landlord via electronic mail one (1) .pdf electronic copy of such Final Working Drawings. Landlord shall, shall advise Tenant within three ten (310) business days after Landlord receives the Final Working Drawings, either (a) approve the Final Working Drawings, (b) approve Landlord's receipt of the Final Working Drawings subject to specified conditions to be satisfied by for the Premises if the same are unsatisfactory or incomplete in any respect. If Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 2.4is so advised, belowTenant shall, or within seven (c7) disapprove business days of Tenant’s receipt of Landlord’s notice thereof, revise the Final Working Drawings in accordance with such review and return them to Tenant with requested revisions; provided, however, that any disapproval of Landlord in connection therewith. The foregoing process shall only be entitled to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above continued until the Final Working Drawings if they materially deviate from the Construction Drawingshave been approved by Landlord, or for any of the following reasons: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem"). If Landlord disapproves the Final Working Drawings, provided that Tenant may shall resubmit the revised Final Working Drawings to Landlord at any timewithin five (5) business days following receipt of Landlord’s notice of deficiencies or other shortcomings, and Landlord shall approve or disapprove of the resubmitted Final Working Drawings advise Tenant within two five (25) business days after Landlord receives such resubmitted Landlord’s receipt of the revised Final Working DrawingsDrawings from Tenant if the same are unsatisfactory or incomplete in any additional respect. In addition, if the Final Working Drawings or any amendment thereof or supplement thereto shall require Base Building Work, and if Landlord in its sole and exclusive discretion agrees to any such alterations of the Base Building, and notifies Tenant of the need and cost for such Base Building Work, then Tenant shall pay the cost of such required Base Building Work in advance upon receipt of notice thereof. The cost for the Base Building Work shall include, without limitation, all direct architectural and/or engineering fees in connection therewith, plus ten percent (10%) of such direct costs for Landlord's servicing and overhead.
Appears in 1 contract
Sources: Office Lease (Retrophin, Inc.)
Final Working Drawings. Following Landlord's approval of the Space Plans, Tenant shall cause Tenant, the 's Architect and the Engineers ---------------------- shall to prepare and submit for Landlord's approval complete the and detailed construction plans and specifications, including a fully coordinated set of architectural, engineering, structural, mechanical, fire protection, electrical and plumbing working drawings for the Premises Tenant Improvement Work, in a form which is sufficiently complete to allow permit subcontractors to bid on the work and to work, obtain all applicable permits required Permits (collectively, as hereinafter defined) and commence construction (the "Final Working Drawings") and shall submit the same to Landlord for Landlord's approval). The Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply furnish Landlord with four (4) completed copies signed by Tenant of such Final Working Drawings. Landlord shall, shall approve or disapprove of the Final Working Drawings by giving written notice to Tenant within three five (35) business days after receipt thereof. Landlord receives shall not unreasonably withhold, condition or delay its approval of the Final Working Drawings, either (a) approve provided that, without limiting the Final Working Drawingsgenerality of the foregoing, (b) approve the Final Working Drawings subject to specified conditions to be satisfied by Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 2.4, below, or (c) disapprove the Final Working Drawings and return them to Tenant with requested revisions; provided, however, that Landlord shall only be entitled to conditionally approve pursuant withhold its consent to item (b) above or disapprove pursuant to item (c) above the Final Working Drawings if they materially deviate from in Landlord's good faith judgment, the Construction DrawingsFinal Working Drawings are inconsistent with, or for any of do not conform to, the following reasons: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem")Space Plans. If Landlord disapproves the Final Working Drawings, Tenant may resubmit Landlord shall return the Final Working Drawings to Landlord at Tenant with a statement of Landlord's reasons for disapproval and/or specifying any time, and required corrections or revisions. Landlord shall approve or disapprove of any such revisions to the resubmitted Final Working Drawings within two five (25) business days after receipt of such revisions. This procedure shall be repeated until Landlord receives such resubmitted approves the Final Working Drawings (as so approved, the "Approved Working Drawings").
Appears in 1 contract
Sources: Lease Agreement (Bebe Stores Inc)
Final Working Drawings. TenantAfter the Space Plan has been approved by Landlord, Tenant shall supply the Building Consultants with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Building Consultants and the Architect and the Engineers ---------------------- shall to complete the Final Working Drawings (defined below) in the manner as set forth below. Tenant shall cause Architect to compile a fully coordinated set of architectural, engineering, structural, mechanical, electrical and plumbing working drawings for the Premises in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the "“Final Working Drawings"”) and shall submit the same to Landlord for Landlord's ’s approval, not to be unreasonably withheld, conditioned or delayed. The Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply Landlord with four (4) completed copies signed by Tenant of such Final Working Drawings, each signed by Architect and approved by Tenant. Landlord’s approval of Tenant’s Final Working Drawings shall not be unreasonably withheld, conditioned or delayed. Landlord shall, shall respond to Tenant’s submission of the Final Working Drawings within three ten (310) business days after following Tenant’s submission. If Landlord receives disapproves Tenant’s Final Working Drawings, Landlord shall specify in reasonable detail, within such ten (10) business day period, the basis of such disapproval and the changes necessary to obtain Landlord’s approval of the Final Working Drawings. Thereafter, either (a) approve the Tenant may revise and re-submit its draft Final Working DrawingsDrawings to Landlord, which Landlord will review and respond to within ten (b10) approve business days. This process shall continue until the Final Working Drawings subject to specified conditions to be satisfied have been approved in writing by Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 2.4, below, or (c) disapprove the Final Working Drawings and return them to Tenant with requested revisions; provided, however, that Landlord shall only be entitled to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above the Final Working Drawings if they materially deviate from the Construction Drawings, or for any of the following reasons: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem"). If Landlord disapproves the Final Working Drawings, Tenant may resubmit the Final Working Drawings to Landlord at any time, and Landlord shall approve or disapprove of the resubmitted Final Working Drawings within two (2) business days after Landlord receives such resubmitted Final Working DrawingsLandlord.
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Final Working Drawings. On or before the date set forth in Schedule 1, Tenant, the Architect and the Engineers ---------------------- shall complete the architectural, engineering, structural, mechanical, electrical architectural and plumbing engineering drawings for the Premises Premises, and the final architectural working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the "“Final Working Drawings"”) and shall submit the same to Landlord for Landlord's ’s approval. Following Landlord’s approval of the applicable Final Space Plan, Tenant, the Architect and the Engineers shall complete (except to the extent certain construction is being completed on a “design-build” basis) the Final Working Drawings for the applicable phase of the Tenant Improvements in a form which is sufficient to allow contractors to bid on the work and to obtain all applicable permits and shall submit the same to Landlord for Landlord’s approval. The Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply Landlord with four (4) completed copies signed by Tenant of such Final Working Drawings. Landlord shall, within three five (35) business days after Landlord receives Landlord’s receipt of all of the Final Working Drawings, either (ai) approve the Final Working Drawings, (bii) approve the Final Working Drawings subject to specified conditions which must be stated in a reasonably clear and complete manner to be satisfied by Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 2.43.4, belowbelow of this Tenant Work Letter, or (c) disapprove to the extent the Final Working Drawings contain a Design Problem, or (iii) disapprove and return them the Final Working Drawings to Tenant with requested revisions; provided, however, that Landlord shall only be entitled revisions to conditionally approve pursuant to item (b) above or disapprove pursuant to item (c) above the extent the Final Working Drawings if they materially deviate from the Construction Drawings, or for any of the following reasons: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, contain a "Design Problem"). If Landlord disapproves the Final Working Drawings, Tenant may resubmit the Final Working Drawings to Landlord at any time, and Landlord shall approve or disapprove of the resubmitted Final Working Drawings Drawings, based upon the criteria set forth in this Section 3.3, within two three (23) business days after Landlord receives such resubmitted Final Working Drawings. Such procedure shall be repeated until the Final Working Drawings are approved. Landlord’s failure to timely respond to Tenant within any applicable response period referenced herein shall be deemed Landlord’s approval of the Final Working Drawings.
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Sources: Office Lease (Memec Inc)