Common use of Final Working Drawings Clause in Contracts

Final Working Drawings. On or before the date set forth in Schedule 1, Tenant, the Architect and the Engineers shall complete the architectural and engineering drawings for the 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 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 EXHIBIT B 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 five (5) business days after Landlord’s receipt of all of the Final Working Drawings, either (i) approve the Final Working Drawings, (ii) 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 3.4, below of this Tenant Work Letter, to the extent the Final Working Drawings contain a Design Problem, or (iii) disapprove and return the Final Working Drawings to Tenant with requested revisions to the extent the Final Working Drawings 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 the resubmitted Final Working Drawings, based upon the criteria set forth in this Section 3.3, within three (3) 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.

Appears in 1 contract

Samples: Office Lease (Memec Inc)

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Final Working Drawings. On Upon Landlord’s approval (or before the date set forth in Schedule 1deemed approval) of a Final Space Plan, 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 the final architectural Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing 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 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 EXHIBIT B 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 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 day period, then Landlord will be deemed to have approved the applicable Final Working Drawings. If Landlord advises Tenant that a Design Problem exists with respect to any Final Working Drawings, Tenant shall cause the applicable Final Working Drawings to be revised to correct such Design Problem. Landlord shall approve any re-submittal of Final Working Drawings within five (5) business days after receipt thereof and Landlord’s receipt failure to respond within such five (5) business day period shall be deemed to be Landlord’s approval of all of such Final Working Drawings. At the time Landlord gives its approval to any Final Working Drawings, either (i) approve Landlord shall notify Tenant in writing of whether any of the Final Working Drawings, (ii) 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 Improvements set forth in Section 3.4, below of this Tenant Work Letter, to the extent the Final Working Drawings contain a Design Problem, or (iii) disapprove and return the Final Working Drawings to Tenant with requested revisions to the extent the Final Working Drawings 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 the resubmitted Final Working Drawings, based upon the criteria set forth in this Section 3.3, within three (3) business days after Landlord receives such resubmitted Final Working Drawings. Such procedure shall be repeated until the Final Working Drawings are approvedSpecialty Improvements. Landlord’s failure If Landlord fails to timely respond to so notify Tenant, then none of the Tenant within any applicable response period referenced herein Improvement set forth in such Final Working Drawings shall be deemed Landlord’s approval to be Specialty Improvements for purposes of the Final Working Drawingsthis Lease.

Appears in 1 contract

Samples: Service Agreement (Twilio Inc)

Final Working Drawings. On or before After the date 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 in Schedule 1, 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 Premisesapplicable portion of the Improvements, and the final architectural Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing 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 Tenant shall complete (except to the extent certain construction is being completed on a “design-build” basis) the Final Working Drawings for the applicable EXHIBIT B phase of the Tenant Improvements in a form which is sufficient to allow contractors to bid on the work -6- SEQUENCE TECHNOLOGY CENTER [Expansion 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 timesExtension Amendment] [DexCom, provided that Tenant shall ultimately Inc.] supply Landlord with four (4) completed copies signed by Tenant of such Final Working Drawings. Landlord shall, within five (5) business days after Landlord’s 's receipt of all of the Final Working Drawings, either (i) approve the Final Working Drawings, (ii) approve the Final Working Drawings subject to specified conditions, which conditions which must be stated in a reasonably clear and complete manner 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 3.4, below of this Tenant Work Letter, to the extent the Final Working Drawings contain address a potential Design Problem, or (iii) disapprove and return the Final Working Construction Drawings to Tenant with requested revisions revisions; provided, however, Landlord shall only disapprove such Final Working Drawings to the extent the Final Working Drawings contain of 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 the resubmitted Final Working Drawings, based upon the criteria set forth in this Section 3.3, within three (3) 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.

Appears in 1 contract

Samples: Office Lease (Dexcom Inc)

Final Working Drawings. On or before Landlord and Tenant have agreed upon a final space plan for Tenant Improvements in the date set forth in Schedule 1Premises, Tenantwhich 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 the final architectural Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing 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”Drawings “) and shall submit the same to Landlord Tenant for Landlord’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 EXHIBIT B 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 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 five (5) business days after Landlord’s receipt of all of the Final Working Drawings, either (i) approve the Final Working Drawings, (ii) approve Landlord delivers the Final Working Drawings subject or any revisions thereto to specified conditions which must be stated in a reasonably clear and complete manner to be satisfied by Tenant; provided, however, that Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 3.4, below of this Tenant Work Letter, to the extent the Final Working Drawings contain a Design Problem, or (iii) may only disapprove and return the Final Working Drawings to Tenant with requested revisions to 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 the Final Working Drawings contain a 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. 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 the resubmitted Final Working Drawings, based upon the criteria set forth in this Section 3.3, ) within three said five (35) 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 day period referenced herein shall be deemed Landlordto constitute Tenant’s approval of the Final Working DrawingsDrawings or such revisions.

Appears in 1 contract

Samples: Work Letter Agreement (Cadence Pharmaceuticals Inc)

Final Working Drawings. On or before After the date 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 in Schedule 1below. Upon the approval of the Final Space Plan by Lessor and Lessee, Tenant, Lessee shall promptly cause the Architect and the Engineers shall to complete the architectural and engineering drawings for the Premises, and the final architectural Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings 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 LandlordLessor’s approval, four (4) copies signed by Lessee of such Final Working Drawings. Following LandlordLessor shall advise Lessee within seven (7) business days after Lessor’s approval receipt 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 EXHIBIT B phase of the Tenant Improvements in a form which is sufficient to allow contractors to bid on the work New Premises and to obtain all applicable permits and shall submit Existing Premises, as applicable, if the same to Landlord for Landlord’s approvalis reasonably unsatisfactory or incomplete in any respect. The If Lessee is so advised, Lessee shall immediately revise the Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply Landlord accordance with four (4) completed copies signed by Tenant such review and any disapproval of such Lessor in connection therewith and submit the revised Final Working Drawings. Landlord shall, within five Drawings to Lessor no later than seven (57) business days after Landlord’s receipt of all of Lessor delivers its advice. If Lessor makes any objections to the Final Working Drawings, either and provided such objections are reasonable, Lessee shall revise the Final Working Drawings and cause such objections to be remedied in the revised Final Working Drawings. Within two (i2) approve business days after Lessor receives the revised Final Working Drawings, (ii) 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 3.4, below of this Tenant Work Letter, to the extent the Final Working Drawings contain a Design Problem, or (iii) disapprove and return the Final Working Drawings to Tenant with requested revisions to the extent the Final Working Drawings 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 Lessor shall approve or reasonably disapprove the resubmitted Final Working Drawings, based upon the criteria set forth in this Section 3.3, within three (3) business days after Landlord receives such resubmitted revised Final Working Drawings. Such This procedure shall be repeated until the Final Working Drawings are approvedis finally approved by Lessor and written approval has been delivered to and received by Lessee. LandlordLessor’s failure to advise timely respond to Tenant within any applicable response period referenced herein shall be deemed Landlord’s approval of the Final Working Drawingsapproval. Lessor acknowledges that Lessee plans to utilize design-build MEPFS sub contractors.

Appears in 1 contract

Samples: Lease (Blue Coat Systems Inc)

Final Working Drawings. On or before After the date 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 in Schedule 1, 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 the final architectural Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings 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 's approval, which approval shall not be unreasonably withheld. 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 EXHIBIT B 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 hard copies signed by Tenant and one (1) electronic copy of such Final Working Drawings. Landlord shall, shall advise Tenant within five ten (510) business days after Landlord’s 's receipt of all of the Final Working DrawingsDrawings for the Premises if the same are approved, either (i) approve the Final Working Drawingsor, (ii) approve if the Final Working Drawings subject to specified conditions are not reasonably satisfactory or are incomplete in any respect, disapproved, in which must be stated event Landlord shall include in its notice of disapproval a reasonably clear detailed explanation as to which items are not satisfactory or complete and complete manner to be satisfied by the reason(s) therefor. If Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 3.4, below of this Tenant Work Letter, to the extent is so advised that the Final Working Drawings contain a Design Problemare not satisfactory or complete, or (iii) disapprove and return Tenant shall promptly revise the Final Working Drawings to Tenant in accordance with requested revisions to the extent the Final Working Drawings contain a Design Problem. If such review and any disapproval of 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 the resubmitted Final Working Drawings, based upon the criteria set forth in this Section 3.3, within three five (35) 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 failure '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 timely respond to Tenant within any applicable response period referenced herein shall five (5) business days of receipt of such additional notice, Landlord will be deemed Landlord’s approval to have approved such iteration of the Final Working Drawings.

Appears in 1 contract

Samples: Office Lease (Okta, Inc.)

Final Working Drawings. On or before After the date 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 and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth in Schedule 1, 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 the final architectural Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings 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 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 which Final Working Drawings for shall include the applicable EXHIBIT B phase determination by the Architect of the Tenant Improvements in a form which is sufficient to allow contractors to bid on rentable and usable square footage of the work and to obtain all applicable permits and shall submit the same to Landlord for Landlord’s approvalBuilding B Substitute Premises. 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 five ten (510) business days after Landlord’s receipt of all of the Final Working Drawings, either (i) approve the Final Working Drawings, (ii) approve the Final Working Drawings subject to specified conditions which must be stated for the Premises if the same is unsatisfactory or incomplete in a reasonably clear and complete manner to be satisfied by any respect. If Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 3.4is so advised, below of this Tenant Work Letter, to the extent shall immediately revise the Final Working Drawings contain a Design Problemin accordance with such review and any disapproval of Landlord in connection therewith. In addition, or (iii) disapprove and return if the Final Working Drawings to or any amendment thereof or supplement thereto shall require alterations in the Base Building (as contrasted with the Tenant with requested revisions to the extent the Final Working Drawings contain a Design Problem. If Landlord disapproves the Final Working Drawings, Tenant may resubmit the Final Working Drawings to Landlord at any timeImprovements), 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 approve or disapprove pay the resubmitted Final Working Drawingscost of such required changes in advance upon receipt of notice thereof. Tenant shall pay all direct architectural and/or engineering fees in connection therewith, based upon the criteria set forth in this Section 3.3, within three plus fifteen percent (315%) business days after Landlord receives of such resubmitted Final Working Drawings. Such procedure shall be repeated until the Final Working Drawings are approved. direct costs for 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 Drawingsservicing and overhead.

Appears in 1 contract

Samples: Office Lease (Ixia)

Final Working Drawings. On or before the date set forth in Schedule 1, Tenant, the Architect and the Engineers shall complete the architectural and engineering drawings for the 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's approval (such approval not to be unreasonably withheld, conditioned or delayed) 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. Following Within ten (10) business days after Landlord’s approval 's receipt 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 EXHIBIT B phase Premises, Landlord shall 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 the Tenant Improvements Landlord in a form which is sufficient to allow contractors to bid on the work connection therewith and to obtain all applicable permits and shall submit resubmit the same to Landlord. In the event that Landlord for Landlord’s approval. The fails to respond to Tenant regarding the Final Working Drawings may be submitted within the applicable time period set forth in one or more stages at one or more timesthis Section 3.4 above, provided that Tenant shall ultimately supply Landlord with four (4) completed copies signed by Tenant of such Final Working Drawings. Landlord shallhave the right to send a written "reminder notice" to Landlord, within five (5) business days after which conspicuously indicates that Landlord’s receipt of all 's continued failure to respond may result in the deemed approval of the Final Working Drawings, either (i) approve the Final Working Drawings, (ii) approve . If Landlord fails to respond to Tenant regarding 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 3.4, below of this Tenant Work Letter, to the extent the Final Working Drawings contain a Design Problem, or (iii) disapprove and return the Final Working Drawings to Tenant with requested revisions to the extent the Final Working Drawings 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 the resubmitted Final Working Drawings, based upon the criteria set forth in this Section 3.3, within three (3) business days after Landlord receives such resubmitted Final Working Drawings. Such procedure shall be repeated until receipt of the reminder notice identified in this Section 3.4, then the Final Working Drawings are approved. Landlord’s failure to timely respond to Tenant within any applicable response period referenced herein shall be deemed to have been approved by Landlord’s approval of the Final Working Drawings.

Appears in 1 contract

Samples: Office Lease (Concur Technologies Inc)

Final Working Drawings. On or before After the date 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 in Schedule 1, 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 the final architectural Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing 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 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 EXHIBIT B 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 five (5) business days after Landlord’s receipt of all of the Final Working Drawings, either (i) approve the Final Working Drawings, (ii) approve the Final Working Drawings subject to specified conditions, which conditions which must be stated in a reasonably clear and complete manner 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 3.4, below of this Tenant Work Letter, to the extent the Final Working Drawings contain address a potential Design Problem, or (iii) disapprove and return the Final Working Construction Drawings to Tenant with requested revisions revisions; provided, however, Landlord shall only disapprove such Final Working Drawings to the extent the Final Working Drawings contain of 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 the resubmitted Final Working Drawings, based upon the criteria set forth in this Section 3.3, within three (3) 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.

Appears in 1 contract

Samples: Office Lease (Dexcom Inc)

Final Working Drawings. On or before After the date 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 in Schedule 1, 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 the final architectural Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings 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 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 EXHIBIT B 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, including one (1) copy in an AutoCAD Computer Assisted Drafting and Design System format. Landlord shall, shall advise Tenant within five ten (510) business days after Landlord’s receipt of all of the Final Working Drawings, either (i) approve the Final Working Drawings, (ii) approve the Final Working Drawings subject to specified conditions which must be stated for the Premises if the same is unsatisfactory or incomplete in a reasonably clear and complete manner to be satisfied by any respect. If Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 3.4is so advised, below of this Tenant Work Letter, to the extent shall immediately revise the Final Working Drawings contain a Design Problemin accordance with such review and any disapproval of Landlord in connection therewith. In addition, or (iii) disapprove and return if the Final Working Drawings to or any amendment thereof or supplement thereto shall require alterations in the Base Building (as contrasted with the Tenant with requested revisions to the extent the Final Working Drawings contain a Design Problem. If Landlord disapproves the Final Working Drawings, Tenant may resubmit the Final Working Drawings to Landlord at any timeImprovements), 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 approve or disapprove pay the resubmitted Final Working Drawingscost of such required changes in advance upon receipt of notice thereof. Tenant shall pay all direct architectural and/or engineering fees in connection therewith, based upon the criteria set forth in this Section 3.3, within three plus fifteen percent (315%) business days after Landlord receives of such resubmitted Final Working Drawings. Such procedure shall be repeated until the Final Working Drawings are approved. direct costs for 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 Drawingsservicing and overhead.

Appears in 1 contract

Samples: Office Lease (Ixia)

Final Working Drawings. On or before After the date 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 in Schedule 1, 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 the final architectural Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings 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. 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 EXHIBIT B 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 shallshall advise Tenant within ten (10) 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 in connection therewith. If Landlord fails to respond to the Final Working Drawings within the ten (10) 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’s receipt of all of the a Final Working DrawingsDrawings Reminder Notice, either (i) approve the Final Working Drawings, (ii) approve then 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 3.4, below of this Tenant Work Letter, to the extent the Final Working Drawings contain a Design Problem, or (iii) disapprove and return the Final Working Drawings to Tenant with requested revisions to the extent the Final Working Drawings 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 the resubmitted Final Working Drawings, based upon the criteria set forth in this Section 3.3, within three (3) 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 approved by Landlord’s approval of the Final Working Drawings.

Appears in 1 contract

Samples: Lease (Revolution Medicines, Inc.)

Final Working Drawings. On or before After the date 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 in Schedule 1below, Tenant, and shall cause the Architect and the Engineers shall to complete the architectural and engineering drawings for the Premises, and the final architectural Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing 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 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 EXHIBIT B 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 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 five ten (510) business days after Landlord’s receipt of all of the Final Working Drawings, either (i) approve the Final Working Drawings, (ii) 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 for the Approved Working Drawings for permits as set forth in Section 3.4Premises if the same are approved, below of this Tenant Work Letteror, to the extent if the Final Working Drawings contain are not reasonably satisfactory or are incomplete in any respect, disapproved, in which event Landlord shall include in its notice of disapproval a Design Problemreasonably detailed explanation as to which items are not satisfactory or complete and the reason(s) therefor. If Tenant is so advised, or (iii) disapprove and return Tenant shall immediately revise the Final Working Drawings to Tenant in accordance with requested revisions to the extent the Final Working Drawings contain a Design Problemsuch review and any disapproval of 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 the resubmitted Final Working Drawings, based upon the criteria set forth in this Section 3.3, within three ten (310) business days Business Days after Landlord receives such resubmitted Final Working Drawings. Such procedure shall be repeated until the Final Working Drawings are approved. LandlordNotwithstanding the foregoing, Tenant may, at Tenant’s failure to timely respond to Tenant within any applicable response period referenced herein shall be deemed Landlord’s approval of the sole risk, submit Final Working DrawingsDrawings to applicable building departments for approval concurrently with its submission to Landlord for approval.

Appears in 1 contract

Samples: Office Lease (Airbnb, Inc.)

Final Working Drawings. On or before Within thirty (30) days following Landlord’s approval of the date set forth in Schedule 1Space Plans, Tenant shall cause Tenant, the ’s Architect and the Engineers shall to prepare and submit for Landlord’s approval complete the architectural and engineering detailed construction plans and specifications, including a fully coordinated set of architectural, structural, mechanical, electrical, plumbing, HVAC, life safety and sprinkler working drawings for the PremisesTenant Improvement Work, and the final architectural working drawings 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). 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 EXHIBIT B 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 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 five ten (510) business days after Landlord’s receipt of all thereof. Landlord shall not unreasonably withhold or delay its approval of the Final Working Drawings, either (i) approve provided that, without limiting the Final Working Drawingsgenerality of the foregoing, (ii) approve Landlord shall be entitled to withhold its consent to the Final Working Drawings subject to for any of the reasons 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 3.43.2 above, below of this Tenant Work Letteror if in Landlord’s good faith judgment, to the extent the Final Working Drawings contain a Design Problemare inconsistent with, or (iii) disapprove and return do not conform to, the Final Working Drawings to Tenant with requested revisions to the extent the Final Working Drawings contain a Design ProblemSpace 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, based upon the criteria set forth in this Section 3.3, Drawings within three five (35) business days after Landlord receives receipt of such resubmitted Final Working Drawingsrevisions. Such This procedure shall be repeated until Landlord approves the Final Working Drawings are (as so 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 “Approved Working Drawings”).

Appears in 1 contract

Samples: Purchase and Sale Agreement (Polarityte, Inc.)

Final Working Drawings. On Upon the approval (or before deemed approval) of the date set forth in Schedule 1, 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 PremisesPremises and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and the final architectural plumbing 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 EXHIBIT B 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 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 shallshall advise Tenant within ten (10) business days after Tenant’s delivery of the Final Working Drawings pursuant to the TCCs of Section 29.18 if there is a Design Problem with respect to such Final Working Drawings otherwise Landlord shall approve or disapprove such Final Working Drawings within such ten (10) 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, within 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’s receipt of all its delivery of the Final Working Drawingssecond request for consent pursuant to the TCCs of Section 29.18 of the Lease, either (i) approve the Final Working Drawings, (ii) approve the Final Working Drawings subject delivered to specified conditions which must Landlord shall be stated in a reasonably clear and complete manner deemed to be satisfied have been approved by Landlord. If Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 3.4is so advised, below of this Tenant Work Letter, to the extent shall revise the Final Working Drawings contain a Design Problemin accordance with such review and any disapproval of Landlord in connection therewith. In addition, or (iii) disapprove and return if the Final Working Drawings to Tenant or any amendment thereof or supplement thereto shall require alterations in the Base Building (as contrasted with requested revisions to the extent the Final Working Drawings contain a Design Problem. If Landlord disapproves the Final Working Drawings, Tenant may resubmit the Final Working Drawings to Landlord at any timeImprovements), and if Landlord shall approve or disapprove the resubmitted Final Working Drawingsin its sole and exclusive discretion agrees to any such alterations, based upon the criteria set forth in this Section 3.3, within three (3) 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 and notifies Tenant within any applicable response period referenced herein shall be deemed Landlord’s approval of the Final Working Drawingsneed 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

Samples: Office Lease (Okta, Inc.)

Final Working Drawings. On or before the date set forth in Schedule 1Tenant, Tenant, the Architect ’s architect and the Engineers Tenant’s engineers shall complete the architectural and engineering drawings for the PremisesInitial 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 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 EXHIBIT B 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 five (5) business days Business Days after Landlord’s receipt of all of the Final Working Drawings, either (i) approve the Final Working Drawings, (ii) approve the Final Working Drawings subject to specified conditions (which conditions must be stated in a reasonably clear and complete manner manner) to be satisfied by Tenant prior to submitting the Approved Final Working Drawings for permits as set forth in Section 3.4, below of this Tenant Work Letterthe Required Permits, to the extent the Final Working Drawings contain a an Initial Alterations Design Problem, or (iii) disapprove and return the Final Working Drawings for an Initial Alterations Design Problem and return the same to Tenant with requested revisions to the extent revisions; provided, however, that Landlord shall only disapprove the Final Working Drawings if they contain a an 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, based upon the criteria set forth in this Section 3.3C, within three five (35) business days Business Days after Landlord receives such resubmitted Final Working Drawings. Such procedure shall be repeated until the Final Working Drawings are approvedapproved by Landlord. Landlord’s failure If Landlord fails to timely respond to Tenant within any applicable response period referenced herein shall be deemed 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

Samples: Office Lease Agreement (Boingo Wireless Inc)

Final Working Drawings. On or before After the date 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 in Schedule 1, 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 Premisesrelevant Phase, and the final architectural Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings 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. 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 EXHIBIT B 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, shall advise Tenant within five (5) business days after Landlord’s receipt of all of the Final Working Drawings, either (i) approve the Final Working Drawings, (ii) approve the Final Working Drawings subject to specified conditions which must be stated if the same is unsatisfactory or incomplete in a reasonably clear and complete manner to be satisfied by Tenant prior to submitting any respect (provided that, if the Approved Working Drawings for permits as set forth in Section 3.4, below scope of this Tenant Work Letter, to the extent the such Final Working Drawings contain a Design Problemare such that Landlord cannot reasonably complete its review in such period, or Landlord will inform Tenant, and such period will be extended five (iii5) disapprove and return additional business days). If Tenant is so advised, Tenant shall promptly cause the Final Working Drawings to Tenant be revised in accordance with requested revisions to the extent the Final Working Drawings contain a Design Problemsuch review and any disapproval of Landlord in connection therewith. If Landlord disapproves fails to respond to any requests within the Final Working Drawingsspecified period, Tenant may resubmit the Final Working Drawings to deliver Landlord at any timea reminder notice, and if Landlord shall approve or disapprove the resubmitted Final Working Drawings, based upon the criteria set forth in this Section 3.3, fails to respond within three two (32) business days after Landlord receives receipt of the reminder notice, 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 request shall be deemed Landlord’s approval of the Final Working Drawingsapproved.

Appears in 1 contract

Samples: Lease (Oric Pharmaceuticals, Inc.)

Final Working Drawings. On or before Following Landlord’s approval of the date set forth in Schedule 1Space Plans, Tenant shall cause Tenant, the ’s Architect and the Engineers shall to prepare and submit for Landlord’s approval complete the architectural and engineering detailed construction plans and specifications, including a fully coordinated set of architectural, structural, mechanical, electrical, plumbing, HVAC, life safety and sprinkler working drawings for the PremisesTenant Improvement Work, and the final architectural working drawings 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). 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 EXHIBIT B 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 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 five (5) 5 business days after Landlord’s receipt of all thereof. Landlord shall not unreasonably withhold, condition, or delay its approval of the Final Working Drawings, either (i) approve provided that, without limiting the Final Working Drawingsgenerality of the foregoing, (ii) approve Landlord shall be entitled to withhold its consent to the Final Working Drawings subject to for any of the reasons 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 3.42.2 above. In addition, below the Landlord shall have the right to approve (in Landlord’s reasonable, good faith judgment) any portion of this Tenant Work Letter, to the extent the Final Working Drawings contain a Design Problemthat are materially inconsistent with, or (iii) disapprove and return do not materially conform to, the Final Working Drawings to Tenant with requested revisions to the extent the Final Working Drawings contain a Design ProblemSpace 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, based upon the criteria set forth in this Section 3.3, Drawings within three seven (37) business days after Landlord receives receipt of such resubmitted Final Working Drawingsrevisions. Such This procedure shall be repeated until Landlord approves the Final Working Drawings are (as so approved, the “Approved Working Drawings”). Landlord’s failure Xxxxxxxx acknowledges and agrees that the Tenant Improvements may include, without limitation, the installation of a gas pad and central utility plant and, subject to timely respond to Tenant within any applicable response period referenced herein shall be deemed Landlord’s approval of the Final Working Drawingsfinal plans therefor, hereby consents to such improvements.

Appears in 1 contract

Samples: Non Disturbance and Attornment Agreement (Amprius Technologies, Inc.)

Final Working Drawings. On or before Based on the date set forth in Schedule 1Final Space Plan, Tenant, Landlord shall cause the Architect and the Engineers shall to complete the architectural and engineering drawings for the Premises, and cause the final architectural Architect to compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing 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 Landlord’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 EXHIBIT B 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 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 five (5) business days after Landlord’s receipt of all of the Final Working Drawings, either (i) approve the Final Working Drawings, (ii) approve Landlord delivers the Final Working Drawings subject or any revisions thereto to specified conditions which must be stated in a reasonably clear and complete manner to be satisfied by Tenant; provided, however, that Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 3.4, below of this Tenant Work Letter, to the extent the Final Working Drawings contain a Design Problem, or (iii) may only disapprove and return the Final Working Drawings to Tenant with requested revisions to 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 changes requested by Tenant (and the processing of such changes even if they are not implemented) shall be deemed a Tenant Delay. Tenant’s failure to reasonably disapprove the Final Working Drawings contain a 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. 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 the resubmitted Final Working Drawings, based upon the criteria set forth in this Section 3.3, ) within three said five (35) 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 day period referenced herein shall be deemed Landlordto constitute Tenant’s approval of the Final Working DrawingsDrawings or such revisions.

Appears in 1 contract

Samples: Regulus Therapeutics Inc.

Final Working Drawings. On or before After the date 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 in Schedule 1, 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 the final architectural Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing 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 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 EXHIBIT B 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 five (5) business days after Landlord’s receipt of all of the Final Working Drawings, either (i) approve the Final Working Drawings, (ii) approve the Final Working Drawings subject to specified conditions, which conditions which must be stated in a reasonably clear and complete manner 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 3.4, below of this Tenant Work Letter, to the extent the Final Working Drawings contain address a potential Design Problem, or (iii) disapprove and return the Final Working Construction Drawings to Tenant with requested revisions revisions; provided, however, Landlord shall only disapprove such Final Working Drawings to the extent the Final Working Drawings contain of 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 the resubmitted Final Working Drawings, based upon the criteria set forth in this Section 3.3, within three (3) 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.EXHIBIT B

Appears in 1 contract

Samples: Office Lease (Dexcom Inc)

Final Working Drawings. On or before After the date 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 in Schedule 1, 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 the final architectural Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings 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. 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 EXHIBIT B 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 shallshall advise Tenant within ten (10) business days after Xxxxxxxx's receipt of the Final Working Drawings 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 revised in accordance with such review and any disapproval of Landlord in connection therewith. If Landlord fails to approve or 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 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 respond with its approval or disapproval within five (5) business days after Landlord’s its receipt of all of the Final Working DrawingsDrawings Reminder Notice, either (i) approve the Final Working Drawings, (ii) approve then 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 3.4, below of this Tenant Work Letter, to the extent the Final Working Drawings contain a Design Problem, or (iii) disapprove and return the Final Working Drawings to Tenant with requested revisions to the extent the Final Working Drawings 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 the resubmitted Final Working Drawings, based upon the criteria set forth in this Section 3.3, within three (3) 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 approved by Landlord’s approval of the Final Working Drawings.

Appears in 1 contract

Samples: Lease (BioAtla, Inc.)

Final Working Drawings. On or before the date set forth in Schedule 1, Tenant, the Architect and the Engineers shall prepare or ---------------------- reasonably complete the set of architectural and engineering drawings for the Tenant Improvements to be constructed in the Premises, and the final architectural Architect shall compile a reasonably complete coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings 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. 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 EXHIBIT B 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 '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 five Within ten (510) business days after following Landlord’s 's receipt of all of the Final Working Drawings, Landlord shall either (i) approve or disapprove the Final Working Drawings, provided that Landlord may only disapprove or condition its approval of the same for (i) an adverse affect on the structural integrity of the Building; (ii) 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 3.4, below of this Tenant Work Letter, to the extent the Final Working Drawings contain a Design Problem, or non-compliance with Applicable Laws; (iii) disapprove an adverse affect on the Systems and return Equipment; (iv) an adverse affect on the Final Working Drawings to Tenant with requested revisions to exterior appearance of the extent the Final Working Drawings contain 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 the resubmitted revised Final Working Drawings. If Landlord again disapproves the revised Final Working Drawings, based upon Tenant shall make the criteria set forth changes necessary in this Section 3.3, within three (3) business days after Landlord receives such resubmitted Final Working Drawings. Such procedure shall be repeated until order to correct the Design Problem or Design Problems and deliver the revised Final Working Drawings are approved. to 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.

Appears in 1 contract

Samples: Office Lease (Wells Real Estate Fund Viii Lp)

Final Working Drawings. On or before Based on the date set forth in Schedule 1Final Space Plan, Tenant, Landlord shall cause the Architect and the Engineers shall to complete the architectural and engineering drawings for the Premises, and cause the final architectural Architect to compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing 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 Landlord’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 EXHIBIT B 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 '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 five ten (510) business days after Landlord’s receipt of all of the Final Working Drawings, either (i) approve the Final Working Drawings, (ii) approve Landlord delivers the Final Working Drawings subject or any revisions thereto to specified conditions which must be stated in a reasonably clear and complete manner to be satisfied by Tenant; provided, however, that Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 3.4, below of this Tenant Work Letter, to the extent the Final Working Drawings contain a Design Problem, or (iii) may only disapprove and return the Final Working Drawings to Tenant with requested revisions to 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 reasonably disapprove the Final Working Drawings contain a 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. 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 the resubmitted Final Working Drawings, based upon the criteria set forth in this Section 3.3, ) within three said ten (310) 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 day period referenced herein shall be deemed Landlord’s to constitute Tenant's approval of the Final Working DrawingsDrawings or such revisions.

Appears in 1 contract

Samples: Attornment Agreement (Janux Therapeutics, Inc.)

Final Working Drawings. On or before After the date 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 in Schedule 1, 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 the final architectural Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing 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 EXHIBIT B 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 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 shallshall advise Tenant within ten (10) business days after Landlord's receipt of the Final Working Drawings for the subject Phase of 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 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 approval (a "Working Drawing Second Request") that specifically identifies the Final Working Drawings and 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 respond to such Working Drawing Second Request within five (5) business days after receipt by Landlord’s receipt of all of the Final Working Drawings, either (i) approve the Final Working Drawings, (ii) approve the Final Working Drawings subject in question shall be deemed approved by Landlord. Subject to specified conditions which must be stated in a reasonably clear and complete manner Landlord's obligation to be satisfied by Tenant prior to submitting perform the Approved Working Drawings for permits as set forth in Section 3.4Code Work, below of this Tenant Work Letter, to the extent if the Final Working Drawings contain a Design Problemor any amendment thereof or supplement thereto shall require alterations in the Base Building (as contrasted with the Improvements), or 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 may elect to either: (iiii) disapprove and return value engineer the Final Working Drawings so as to Tenant with requested revisions to reduce or eliminate such cost, or (ii) pay the extent the Final Working Drawings contain a Design Problem. If Landlord disapproves the Final Working Drawings, Tenant may resubmit the Final Working Drawings to Landlord at any timecost of such required changes in advance upon receipt of notice thereof, and Landlord in either case Tenant shall approve or disapprove the resubmitted Final Working Drawingspay all direct architectural and/or engineering fees in connection with such Base Building changes, based upon the criteria set forth in this Section 3.3, within three plus five percent (35%) business days after Landlord receives of such resubmitted Final Working Drawings. Such procedure shall be repeated until the Final Working Drawings are approved. direct costs for 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's servicing and overhead.

Appears in 1 contract

Samples: Office Lease (Nektar Therapeutics)

Final Working Drawings. On or before After the date 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 in Schedule 1, 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 the final architectural Architect shall compile architectural, structural, mechanical, electrical and plumbing working drawings 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 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 EXHIBIT B 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 five ten (510) business days after Landlord’s receipt of all of the Final Working Drawings, either (i) approve the Final Working Drawings, (ii) 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 3.4, below of this Tenant Work Letter, to the extent the Final Working Drawings contain a Design Problembelow, or (iii) disapprove and return the Final Working Drawings and return the same to Tenant with detailed requested revisions to the extent the Final Working Drawings contain a Design Problemrevisions. 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, based upon the criteria set forth in this Section 3.3as resubmitted, shall be final), within three five (35) business days after Landlord receives such resubmitted Final Working Drawings. Such procedure If Tenant is so advised, Tenant shall be repeated until immediately revise the Final Working Drawings are approvedin accordance with such review and any disapproval of Landlord in connection therewith. Landlord’s failure to timely respond to Tenant within any applicable response period referenced herein shall be deemed Landlord’s approval of 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 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

Samples: Office Lease (Favrille Inc)

Final Working Drawings. On or before After the date 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 in Schedule 1, 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 the final architectural Architect shall compile architectural, structural, mechanical, electrical and plumbing working drawings 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. 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 EXHIBIT B 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, shall advise Tenant within five (5) business days after Landlord’s 's receipt of all of the Final Working DrawingsDrawings for the Premises if the same is, either (i) approve in Landlord's reasonable opinion based on the Final Working Drawingsrequirements of the Lease and this Tenant Work Letter, (ii) approve unsatisfactory or incomplete in any respect. If Tenant is so advised, Tenant shall immediately revise the Final Working Drawings subject to specified conditions which must be stated in a reasonably clear accordance with such review and complete manner to be satisfied by Tenant prior to submitting any disapproval of Landlord in connection therewith. In addition, if the Approved 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 permits as set forth in such alterations, then Tenant shall pay the cost of such required changes upon receipt of bills therefor; provided, however, such costs shall be deemed a Tenant Improvement Allowance Item pursuant to Section 3.4, below 2.2.1.4 of this Tenant Work Letter, to the extent the Final Working Drawings contain a Design Problem, or (iii) disapprove and return the Final Working Drawings to Tenant with requested revisions to the extent the Final Working Drawings 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 the resubmitted Final Working Drawings, based upon the criteria set forth in this Section 3.3, within three (3) 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.

Appears in 1 contract

Samples: Center Office Lease (Farville Inc)

Final Working Drawings. On or before Based on the date set forth in Schedule 1Final Space Plan, Tenant, Tenant shall cause the Architect and Landlord shall cause the Engineers shall to complete the architectural and engineering drawings for the Premises, and the final architectural Architect shall compile a fully coordinated set of architectural, structural, EXHIBIT “C” TXXXXX XXXXX COURT, LA JOLLA [Orexigen Therapeutics, Inc.] mechanical, electrical and plumbing 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 concurrently (i) to Landlord for Landlord’s approval. Following Landlord’s approval and (ii) on or before the date set forth therefor in Schedule 1, 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 applicable Final Space Plan, TenantTenant Improvements (collectively, the Architect and the Engineers “Permits”). Landlord shall complete (except to the extent certain construction is being completed on a “design-build” basis) approve or reasonably disapprove the Final Working Drawings for the applicable EXHIBIT B 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, any revisions thereto within five (5) business days after Tenant delivers the Final Working Drawings or such revisions to Landlord (and any delay by Landlord in so responding shall not be a Tenant Delay). For purposes of this Section 3.3, Landlord shall only be able to “reasonably disapprove” if in the Landlord’s receipt reasonable determination the Final Working Drawings (a) are inconsistent with the Final Space Plan or (b) if implemented, would impact the structural integrity of all of the Building. In the event Landlord requires any changes to the Final Working Drawings, either (i) approve the Final Working Drawings, (ii) approve the Final Working Drawings subject to specified conditions which must be stated in a reasonably clear then Tenant shall make such changes and complete manner to be satisfied by Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 3.4, below of this Tenant Work Letter, to the extent the Final Working Drawings contain a Design Problem, or (iii) disapprove and return the Final Working Drawings to Tenant with requested revisions to the extent the Final Working Drawings contain a Design Problem. If Landlord disapproves the Final Working Drawings, Tenant may resubmit the Final Working Drawings same to Landlord at any time, and Landlord shall approve or disapprove the resubmitted Final Working Drawings, based upon the criteria set forth in this Section 3.3, for Landlord’s approval within three five (35) business days after Landlord receives such resubmitted Final Working Drawingsof Tenant’s receipt of Landlord’s changes. Such This procedure shall be repeated until the Final Working Drawings are approved. approved by 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.

Appears in 1 contract

Samples: Work Letter Agreement (Orexigen Therapeutics, Inc.)

Final Working Drawings. On or before After the date 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 in Schedule 1, 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 the final architectural Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings 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. 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 EXHIBIT B 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 shallshall advise Tenant within ten (10) 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 in 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 fails to respond to the Final Construction Documents within five (5) business days after Landlord’s receipt of all of the Final Working DrawingsConstruction Documents Reminder Notice, either (i) approve such portion of the Final Working Drawings, (ii) 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 3.4, below of this Tenant Work Letter, to the extent the Final Working Drawings contain a Design Problem, or (iii) disapprove and return the Final Working Drawings to Tenant with requested revisions to the extent the Final Working Drawings 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 the resubmitted Final Working Drawings, based upon the criteria set forth in this Section 3.3, within three (3) 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 Construction Documents shall be deemed approved by Landlord’s approval of the Final Working Drawings.

Appears in 1 contract

Samples: Lease (Allogene Therapeutics, Inc.)

Final Working Drawings. On or before After the date set forth in Schedule 1, 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 final architectural Architect to compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings 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 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 EXHIBIT B 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, shall advise Tenant within five (5) business days after Landlord’s receipt of all the Final Working Drawings for the Premises that the same is unsatisfactory or incomplete, and if 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 Landlord fails to respond to Tenant within five (5) business days after Landlord’s receipt of the Final Working Drawings, either Tenant 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) approve the Final Working Drawings, (ii) approve revise the Final Working Drawings subject to specified conditions which must be stated in a reasonably clear accordance with such review and complete manner to be satisfied by Tenant prior to submitting the Approved any reasonable disapproval of Landlord in connection therewith, and (ii) deliver such revised Final Working Drawings for permits to Landlord, and so long as set forth in Section 3.4, below of this Tenant Work Letter, to the extent the Final Working Drawings contain a Design Problemreflect the corrections reasonably requested by Landlord, or (iii) disapprove and return the Final Working Drawings to Tenant with requested revisions to the extent the Final Working Drawings 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 the resubmitted Final Working Drawings, based upon the criteria set forth in this Section 3.3, within three (3) 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 they shall be deemed Landlord’s approval of the Final Working Drawingsapproved.

Appears in 1 contract

Samples: Sova Science District (Conatus Pharmaceuticals Inc.)

Final Working Drawings. On or before After approving the date set forth in Schedule 1Final Space Plan, Tenant, Tenant shall cause the Architect and the Engineers shall complete to prepare and deliver to Landlord the architectural and engineering drawings for the 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 that conform to the same to Landlord for Landlord’s approval. Following Landlord’s approval of the applicable approved Final Space Plan, Tenant, the Architect . Such preparation and the Engineers delivery shall complete occur within fifteen (except to the extent certain construction is being completed on a “design-build” basis) the Final Working Drawings for the applicable EXHIBIT B 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 five (515) business days after Landlord’s receipt of all 's approval of the Final Working Drawings, either (i) Space Plan. Landlord shall approve the Final Working Drawings, (ii) approve or disapprove 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 3.4, below of this Tenant Work Letter, to the extent the Final Working Drawings contain a Design Problem, or (iii) disapprove and return the Final Working Drawings notice to Tenant with requested revisions to within ten (10) business days after Landlord's receipt of the extent the Final Working Drawings contain a Design Problemsame. 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 time, for its approval. Such revision and Landlord resubmission shall approve or disapprove the resubmitted Final Working Drawings, based upon the criteria set forth in this Section 3.3, occur within three ten (310) 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 receives such resubmitted may not disapprove of any Final Working DrawingsDrawings 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 approved. 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 failure to timely respond to Tenant within any applicable response period referenced herein shall be deemed Landlord’s '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 the Final Working Drawings within ten (10) business day following their submission by Tenant for Landlord's approval, the terms of Section 3.7, below, shall be applicable.

Appears in 1 contract

Samples: Sorrento Summit (Nuvasive Inc)

Final Working Drawings. On or before Based on the date set forth in Schedule 1Final Space Plan, Tenant, Landlord shall cause the Architect and the Engineers shall to complete the architectural and engineering drawings for the Premises, and the final architectural Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing 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 Landlord’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 EXHIBIT B 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 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 five (5) business days after LandlordLandlord delivers the Final Working Drawings or any revisions thereto to Tenant; provided, however, that any delay due to Tenant’s receipt of all disapproval of the Final Working Drawings, either Drawings (iother than to the extent the same are not (subject to changes reasonably required by Landlord) approve in substantial conformance with the Final Space Plan (such nonconformity, a “Working Drawings, (iiDrawing Design Problem”)) approve shall constitute a Tenant Delay. Tenant’s failure to reasonably disapprove the Final Working Drawings subject or any revisions thereto by written notice to specified conditions Landlord (which must be stated notice shall specify in a reasonably clear and complete manner detail the reasonable reasons for Tenant’s disapproval pertaining to be satisfied by Tenant prior to submitting the Approved any Working Drawings for permits as set forth in Section 3.4, below of this Tenant Work Letter, to the extent the Final Working Drawings contain a Drawing Design Problem, or ) within said five (iii) disapprove and return the Final Working Drawings to Tenant with requested revisions to the extent the Final Working Drawings 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 the resubmitted Final Working Drawings, based upon the criteria set forth in this Section 3.3, within three (35) 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 day period referenced herein shall be deemed Landlordto constitute Tenant’s approval of the Final Working DrawingsDrawings or such revisions.

Appears in 1 contract

Samples: Lease Agreement (Veritone, Inc.)

Final Working Drawings. On or before After the date 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 in Schedule 1, 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 the final architectural Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings 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. 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 EXHIBIT B 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, shall advise Tenant within seven (7) business days after Landlord's receipt of the Final Working Drawings for the Third Expansion Premises (five (5) business days for re-submissions) if the same is unsatisfactory or incomplete in any respect (provided that, except in the case of re-submissions, if the scope of 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 (5) additional business days). 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 in connection therewith. If Landlord fails to respond to or approve of the 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 all of the Final Working Drawings, either (i) approve the Final Working Drawings, (ii) approve the Final Working Drawings subject to specified conditions which must be stated in a reasonably clear and complete manner to be satisfied Notice will constitute approval by Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 3.4, below of this Tenant Work Letter, to the extent the Final Working Drawings contain a Design Problem, or (iii) disapprove and return the Final Working Drawings to Tenant with requested revisions to the extent the Final Working Drawings 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 the resubmitted Final Working Drawings, based upon the criteria set forth in this Section 3.3, within three (3) 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.

Appears in 1 contract

Samples: Lease (Arcus Biosciences, Inc.)

Final Working Drawings. On or before the date set forth in Schedule 1, Tenant shall cause Tenant, the 's Architect and the Engineers shall to prepare and submit for Landlord's approval complete the architectural and engineering detailed construction plans and specifications, including a fully coordinated set of architectural, structural, mechanical, fire protection, electrical and plumbing working drawings for the PremisesTenant Improvement Work, and the final architectural working drawings 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"). 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 EXHIBIT B 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 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 five seven (57) business days after Landlord’s receipt of all thereof. Landlord shall not unreasonably withhold or delay its approval of the Final Working Drawings, either (i) approve provided that, without limiting the Final Working Drawingsgenerality of the foregoing, (ii) approve Landlord shall be entitled to withhold its consent to the Final Working Drawings subject to for any of the reasons 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 clauses (a) through (e) of Section 3.2 above, or if in Section 3.4Landlord's good faith judgment, below of this Tenant Work Letter, to the extent the Final Working Drawings contain a Design Problemare inconsistent with, or (iii) disapprove and return do not conform to, the Final Working Drawings to Tenant with requested revisions to the extent the Final Working Drawings contain a Design ProblemSpace 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, based upon the criteria set forth in this Section 3.3, Drawings within three five (35) business days after Landlord receives receipt of such resubmitted Final Working Drawingsrevisions. Such This procedure shall be repeated until Landlord approves the Final Working Drawings are (as so 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 "Approved Working Drawings").

Appears in 1 contract

Samples: Office Lease (First Albany Companies Inc)

Final Working Drawings. On or before After the date 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 in Schedule 1, 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 the final architectural Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing 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 EXHIBIT B 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. Such Final Working Drawings shall be approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed; provided, however, it shall be deemed reasonable for Landlord shall, to withhold its consent to any proposed Tenant Improvements or aspect of the Final Working Drawings in the event the same causes a Design Problem. Landlord shall advise Tenant within five ten (510) business days after Landlord’s 's receipt of all of the Final Working DrawingsDrawings for the Premises if the same is unsatisfactory or incomplete in any respect. If Tenant is so advised, either (i) approve the Final Working Drawings, (ii) approve Tenant shall immediately revise the Final Working Drawings subject to specified conditions which must be stated in a reasonably clear accordance with such review and complete manner to be satisfied by Tenant prior to submitting the Approved Working Drawings for permits as set forth any disapproval of Landlord in Section 3.4connection therewith. In addition, below of this Tenant Work Letter, to the extent if the Final Working Drawings contain a Design Problemor any amendment thereof or supplement thereto shall require alterations in the Base Building (as contrasted with the Tenant Improvements), or (iii) disapprove and return the Final Working Drawings such alterations are not required to Tenant comply with requested revisions changes to the extent Code that become effective after the Final Working Drawings contain a Design Problem. If date of this Work Letter and if Landlord disapproves the Final Working Drawings, Tenant may resubmit the Final Working Drawings in its sole and exclusive discretion agrees to Landlord at any timesuch alterations, and Landlord shall approve or disapprove the resubmitted Final Working Drawings, based upon the criteria set forth in this Section 3.3, within three (3) 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 notifies Tenant within any applicable response period referenced herein shall be deemed Landlord’s approval of the Final Working Drawingsneed 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

Samples: Lease (Veeco Instruments Inc)

Final Working Drawings. On or before Following Landlord’s approval of the date set forth in Schedule 1Space Plans, Tenant shall cause Tenant, the ’s Architect and the Engineers shall to prepare and submit for Landlord’s approval complete the architectural and engineering detailed construction plans and specifications, including a fully coordinated set of architectural, structural, mechanical, electrical, plumbing, HVAC, life safety and sprinkler working drawings for the PremisesTenant Improvement Work, and the final architectural working drawings 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). 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 EXHIBIT B 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 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 five ten (510) business days after Landlord’s receipt of all thereof. Landlord shall not unreasonably withhold or delay its approval of the Final Working Drawings, either (i) approve provided that, without limiting the Final Working Drawingsgenerality of the foregoing, (ii) approve Landlord shall be entitled to withhold its consent to the Final Working Drawings subject to for any of the reasons 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 3.43.2 above, below of this Tenant Work Letteror if in Landlord’s good faith judgment, to the extent the Final Working Drawings contain a Design Problemare inconsistent with, or (iii) disapprove and return do not conform to, the Final Working Drawings to Tenant with requested revisions to the extent the Final Working Drawings contain a Design ProblemSpace 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, based upon the criteria set forth in this Section 3.3, Drawings within three five (35) business days after Landlord receives receipt of such resubmitted Final Working Drawingsrevisions. Such This procedure shall be repeated until Landlord approves the Final Working Drawings are (as so 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 “Approved Working Drawings”).

Appears in 1 contract

Samples: Reciprocal Easement Agreement (Silver Spring Networks Inc)

Final Working Drawings. On or before After the date 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 in Schedule 1, 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 Premisesrelevant phase, and the final architectural Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings 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. 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 EXHIBIT B 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, shall advise Tenant within five (5) business days after Landlord’s 's receipt of all of the Final Working DrawingsDrawings if the same is unsatisfactory or incomplete in any respect (provided that, either (i) approve if the Final Working Drawings, (ii) approve the scope of such Final Working Drawings subject to specified conditions which must are such that Landlord cannot reasonably complete its review in such period, Landlord will inform Tenant, and such period will be stated in a reasonably clear and complete manner to be satisfied by extended five (5) additional business days). If Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 3.4is so advised, below of this Tenant Work Letter, to the extent the Final Working Drawings contain a Design Problem, or (iii) disapprove and return shall promptly cause the Final Working Drawings to Tenant be revised in accordance with requested revisions to the extent the Final Working Drawings contain a Design Problemsuch review and any disapproval of Landlord in connection therewith. If Landlord disapproves fails to respond to any requests within the Final Working Drawingsspecified period, Tenant may resubmit the Final Working Drawings to deliver Landlord at any timea reminder notice, and if Landlord shall approve or disapprove the resubmitted Final Working Drawings, based upon the criteria set forth in this Section 3.3, fails to respond within three two (32) business days after Landlord receives receipt of the reminder notice, 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 request shall be deemed Landlord’s approval of the Final Working Drawingsapproved.

Appears in 1 contract

Samples: Lease (Adverum Biotechnologies, Inc.)

Final Working Drawings. On or before the date set forth in Schedule 1, Tenant, the Architect Lessor and the Engineers its architect and engineers shall complete the architectural and engineering drawings for the Premises, and the . 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 LandlordCounty’s approval, such approval not to be unreasonably withheld, conditioned or delayed. Following Landlord’s approval County shall approve or reasonably disapprove any draft of the applicable Final Working Drawings within seven (7) business days after County’s receipt thereof; provided, however, that (i) County shall not be entitled to disapprove any portion, component or aspect of the Final Working Drawings which are consistent with the Final Space Plan, Tenantunless County agrees to pay for the additional cost (if any) resulting from such change in the Final Space Plan as part of the over-allowance amount pursuant to Section 2 below and County acknowledges that any delay resulting therefrom shall be a delay caused by County, the Architect and the Engineers shall complete (except to the extent certain construction is being completed on a “design-build” basisii) any disapproval of the Final Working Drawings for the applicable EXHIBIT B phase by County shall be accompanied by a detailed written explanation of the Tenant Improvements in a form which is sufficient reasons for County’s disapproval. Failure of County 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 five (5) business days after Landlord’s receipt of all reasonably disapprove any draft of the Final Working Drawings, either Drawings within said seven (i) approve the Final Working Drawings, (ii) 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 3.4, below of this Tenant Work Letter, to the extent the Final Working Drawings contain a Design Problem, or (iii) disapprove and return the Final Working Drawings to Tenant with requested revisions to the extent the Final Working Drawings 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 the resubmitted Final Working Drawings, based upon the criteria set forth in this Section 3.3, within three (37) business days after Landlord receives such resubmitted Final Working Drawingsday period shall be deemed to constitute County’s approval thereof. Such procedure This process shall be repeated until the Final Working Drawings are have been approved. Landlord; it being agreed that County’s failure right to timely respond raise objections (following County’s initial objections to Tenant within any applicable response period referenced herein shall be deemed LandlordLessor’s approval first submission of the Final Working Drawings) shall be limited to (a) the revisions made to the previous submission of the Final Working Drawings in order to address County’s prior objections or changes which are derivative of changes resulting from such prior objections and/or (b) revisions to design elements not previously a part of the Final Working Drawings 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

Samples: A Lease Agreement

Final Working Drawings. On or before the date set forth in Schedule 1, 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 final architectural Architect to compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings 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 '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 EXHIBIT B 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 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 five (5) business days after Landlord’s 's receipt of all of the Final Working DrawingsDrawings for each particular portion of the Premises if the same is unsatisfactory or incomplete in any respect, either (ior disapproved, 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) approve the Final Working Drawings, (ii) approve therefor. If Tenant is so advised that the Final Working Drawings subject to specified conditions which must be stated in a reasonably clear and complete manner to be satisfied by are not satisfactory or complete, Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 3.4, below of this Tenant Work Letter, to the extent shall promptly revise the Final Working Drawings contain a Design Problem, or (iii) disapprove in accordance with such review and return the Final Working Drawings to Tenant with requested revisions to the extent the Final Working Drawings contain a Design Problem. If any disapproval of 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 the resubmitted Final Working Drawings, based upon the criteria set forth in this Section 3.3, within three five (35) 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 failure to timely respond to Tenant within any applicable response period referenced herein shall be deemed Landlord’s approval 's initial review of the Final Work Drawings whether any new elements of the Tenant Improvements identified in the Final Working DrawingsDrawings 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

Samples: Lease Agreement (Penumbra Inc)

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Final Working Drawings. On or before Following Landlord’s approval of the date set forth in Schedule 1Space Plans, Tenant shall cause Tenant, the ’s Architect and the Engineers shall to prepare and submit for Landlord’s approval complete the architectural and engineering detailed construction plans and specifications, including a fully coordinated set of architectural, structural, mechanical, electrical, plumbing, HVAC, life safety and sprinkler working drawings for the PremisesTenant Improvement Work for such Phase, and the final architectural working drawings 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). 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 EXHIBIT B 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 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 five ten (510) business days after Landlord’s receipt of all thereof. Landlord shall not unreasonably withhold or delay its approval of the Final Working Drawings, either (i) approve provided that, without limiting the Final Working Drawingsgenerality of the foregoing, (ii) approve Landlord shall be entitled to withhold its consent to the Final Working Drawings subject to for any of the reasons 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 3.43.2 above, below of this Tenant Work Letteror if in Landlord’s good faith judgment, to the extent the Final Working Drawings contain a Design Problemare inconsistent with, or (iii) disapprove and return do not conform to, the Final Working Drawings to Tenant with requested revisions to the extent the Final Working Drawings contain a Design ProblemSpace 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, based upon the criteria set forth in this Section 3.3, Drawings within three five (35) business days after Landlord receives receipt of such resubmitted Final Working Drawingsrevisions. Such This procedure shall be repeated until Landlord approves the Final Working Drawings are (as so 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 “Approved Working Drawings”).

Appears in 1 contract

Samples: Reciprocal Easement Agreement (Silver Spring Networks Inc)

Final Working Drawings. On or before After the date 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 in Schedule 1, 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 the final architectural Architect shall compile architectural, structural, mechanical, electrical and plumbing working drawings 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 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 EXHIBIT B 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 five ten (510) business days after Landlord’s receipt of all of the Final Working Drawings, either (i) approve the Final Working Drawings, (ii) 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 3.4, below of this Tenant Work Letter, to the extent the Final Working Drawings contain a Design Problembelow, or (iii) disapprove and return the Final Working Drawings and return the same to Tenant with detailed requested revisions to the extent the Final Working Drawings contain a Design Problemrevisions. 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, based upon the criteria set forth in this Section 3.3as resubmitted, shall be final), within three five (35) business days after Landlord receives such resubmitted Final Working Drawings. Such procedure If Tenant is so advised, Tenant shall be repeated until immediately revise the Final Working Drawings are approvedin accordance with such review and any disapproval of Landlord in connection therewith. Landlord’s failure to timely respond to Tenant within any applicable response period referenced herein shall be deemed Landlord’s approval of 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 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

Samples: Office Lease (Favrille Inc)

Final Working Drawings. On or before Promptly after the date 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 in Schedule 1, 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, structural, mechanical, electrical and the final architectural plumbing 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 (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 '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 EXHIBIT B 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 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 advise Tenant within ten (10) business days after Landlord's receipt of the Final Working Drawings for the Premises if the same are unsatisfactory or incomplete in any respect. If Tenant is so advised, Tenant shall, within seven (7) business days of Tenant’s receipt of Landlord’s notice thereof, revise the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith. The foregoing process shall be continued until the Final Working Drawings have been approved by Landlord, provided that Tenant shall resubmit revised Final Working Drawings to Landlord within five (5) business days following receipt of Landlord’s notice of deficiencies or other shortcomings, and Landlord shall advise Tenant within five (5) business days after Landlord’s receipt of all of the revised Final Working DrawingsDrawings from Tenant if the same are unsatisfactory or incomplete in any additional respect. In addition, either (i) approve the Final Working Drawings, (ii) approve if 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 3.4, below of this Tenant Work Letter, to the extent the Final Working Drawings contain a Design Problem, or (iii) disapprove and return the Final Working Drawings to Tenant with requested revisions to the extent the Final Working Drawings contain a Design Problem. If Landlord disapproves the Final Working Drawings, Tenant may resubmit the Final Working Drawings to Landlord at any timeamendment thereof or supplement thereto shall require Base Building Work, and if Landlord shall approve or disapprove the resubmitted Final Working Drawings, based upon the criteria set forth in this Section 3.3, within three (3) business days after Landlord receives its sole and exclusive discretion agrees to any 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 alterations of the Final Working DrawingsBase 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

Samples: Office Lease (Retrophin, Inc.)

Final Working Drawings. On or before After the date 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 Suite 400 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 in Schedule 1, 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 Suite 400 Expansion Premises, and the final architectural Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing 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, such approval not to be unreasonably withheld, conditioned or delayed. 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 EXHIBIT B 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 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 five ten (510) business days after Landlord’s 's receipt of all of the Final Working Drawings, either (i) approve the Final Working Drawings, (ii) 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 the Suite 400 Expansion Premises if the same is unsatisfactory or incomplete in Section 3.4any respect, below of this Tenant Work Letter, to the extent the Final Working Drawings contain a Design Problem, or (iii) disapprove and return the Final Working Drawings to Tenant with requested revisions to the extent the Final Working Drawings 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 the resubmitted Final Working Drawings, based upon the criteria set forth in this Section 3.3, within three (3) 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 DrawingsDrawings not to be unreasonably withheld, conditioned or delayed. If Tenant is so advised, Tenant shall immediately revise the Final Working Drawings in accordance with such review, and Landlord and Tenant shall use good faith and commercially reasonable efforts to have the Final Working Drawings approved. 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 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%) of such direct costs for Landlord's servicing and overhead.

Appears in 1 contract

Samples: Office Lease Agreement (Tableau Software Inc)

Final Working Drawings. On or before After the date 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 in Schedule 1, 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 the final architectural Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing 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 FLUC for Landlord’s FLUC's approval, such approval not to be unreasonably withheld, conditioned or delayed. Following Landlord’s approval Tenant shall supply FLUC with four (4) hard copies signed by Tenant of the applicable Final Space PlanWorking Drawings, and concurrently with Tenant's delivery of such hard copies, the Architect and the Engineers Tenant shall complete send to FLUC via electronic mail one (except to the extent certain construction is being completed on a “design-build” basis1) .pdf electronic copy of such Final Working Drawings. FLUC shall advise Tenant within ten (10) business days after FLUC's receipt of the Final Working Drawings for the applicable EXHIBIT B 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 Suite 100 Expansion Premises if the same to Landlord for Landlord’s approval. The Final Working Drawings may be submitted is unsatisfactory or incomplete in one or more stages at one or more timesany respect, provided that Tenant shall ultimately supply Landlord with four (4) completed copies signed by Tenant of such Final Working Drawings. Landlord shall, within five (5) business days after Landlord’s receipt of all of the Final Working Drawings, either (i) approve the Final Working Drawings, (ii) 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 3.4, below of this Tenant Work Letter, to the extent the Final Working Drawings contain a Design Problem, or (iii) disapprove and return the Final Working Drawings to Tenant with requested revisions to the extent the Final Working Drawings 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 the resubmitted Final Working Drawings, based upon the criteria set forth in this Section 3.3, within three (3) 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 LandlordFLUC’s approval of the Final Working DrawingsDrawings not to be unreasonably withheld, conditioned or delayed. If Tenant is so advised, Tenant shall immediately revise the Final Working Drawings in accordance with such review, and FLUC and Tenant shall use good faith and commercially reasonable efforts to have the Final Working Drawings approved. 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 FLUC 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.

Appears in 1 contract

Samples: Office Lease Agreement (Tableau Software Inc)

Final Working Drawings. On or before Upon Landlord's approval of the date set forth in Schedule 1Final Space Plan, Tenant, Tenant shall cause the Architect and the Engineers shall to complete the architectural and engineering drawings for the 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 's approval, which approval shall not be unreasonably withheld, conditioned or delayed. Following Within fifteen (15) days following Landlord’s approval 's receipt of the applicable Final Space PlanWorking Drawings, TenantLandlord shall provide Tenant with its approval, disapproval or approval with conditions of such Final Working Drawings (provided however that such fifteen (15) 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 Architect and Final Working Drawings; provided, however, that after the Engineers expiration of such fifteen (15) day period, Tenant may send Landlord written notice of the expiration of such fifteen (15) day period with a second request for Landlord to so approve of the Final Working Drawings, in which case, Landlord shall complete (except be deemed to the extent certain construction is being completed on a “design-build” basis) have approved of the Final Working Drawings (other than for the applicable EXHIBIT B phase structural items) if Landlord does not approve or disapprove 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 within five (45) completed copies signed by Tenant 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 shall resubmit the Final Working Drawings with the modifications required by Landlord. This process shall continue until the Final Working Drawings are approved by Landlord. Landlord shallshall 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 five (5) business days after Landlord’s receipt of all such written notice from Tenant. Tenant shall be solely responsible for the timely preparation and submission to Landlord of the Final Working Drawingsfinal architectural, either electrical and mechanical construction drawings, plans and specifications (icalled "Construction Documents") approve necessary to construct the Final Working DrawingsTenant Work, (ii) approve the Final Working Drawings which Construction Documents shall be subject to specified conditions which must be stated in a reasonably clear and complete manner approval by Landlord, such approval not to be satisfied by Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 3.4unreasonably withheld, below of this Tenant Work Letter, to the extent the Final Working Drawings contain a Design Problem, conditioned or (iii) disapprove and return the Final Working Drawings to Tenant with requested revisions to the extent the Final Working Drawings contain a Design Problem. If Landlord disapproves the Final Working Drawings, Tenant may resubmit the Final Working Drawings to Landlord at any timedelayed, and Landlord Landlord's architect and engineers and shall approve comply with their requirements to avoid aesthetic or disapprove other conflicts with the resubmitted Final Working Drawings, based upon design and function of the criteria set forth in this Section 3.3, within three (3) business days after Landlord receives such resubmitted Final Working Drawingsbalance of the Project. Such procedure Tenant shall be repeated until responsible for all elements of the Final Working Drawings are approved. 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 failure to timely respond to Tenant within any applicable response period referenced herein shall be deemed Landlord’s 's approval of the Final Working DrawingsConstruction 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

Samples: Office Lease Agreement (GoPro, Inc.)

Final Working Drawings. On or before Promptly after the date set forth Final Space Plan is approved by Landlord in Schedule 1, Tenantaccordance with Section 3.2, the Architect and the Engineers (with reasonable input by Landlord) shall complete the architectural and engineering drawings for the Premises, and the final architectural Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing 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 Landlord’s approval. Following LandlordTenant’s approval of the applicable Final Space Planor reasonable disapproval, Tenant, the Architect and the Engineers which approval or reasonable disapproval shall complete (except to the extent certain construction is being completed on a “design-build” basis) the Final Working Drawings for the applicable EXHIBIT B phase of the be delivered by 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 Landlordno later than five (5) days after Tenant’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 receipt of such Final Working Drawings. Once Tenant has approved the Final Working Drawings, they shall be delivered to Landlord shallfor Landlord’s reasonable approval, within five which approval or reasonable disapproval shall be delivered by Landlord to Tenant no later than three (53) business days after EXHIBIT B Health Management Systems Corporate Point Landlord’s receipt of all such Final Working Drawings. If Landlord reasonably disapproves of any portion of the Final Working Drawings, either (i) approve the Final Working Drawings, (ii) 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 3.4, below of this Tenant Work Letter, to the extent the Final Working Drawings contain a Design Problem, or (iii) disapprove and return the Final Working Drawings to Tenant with requested revisions to the extent the Final Working Drawings 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 parties shall approve or disapprove the resubmitted Final Working Drawings, based upon the criteria set forth in this Section 3.3meet, within three (3) business days after Landlord’s disapproval, to agree upon revisions to be made to the Final Working Drawings to meet the reasonable satisfaction of Landlord. The Architect shall then revise the Final Working Drawings to the form agreed upon in such meeting. Landlord receives shall then approve the revised Final Working Drawings no later than three (3) business days after Landlord’s receipt of such resubmitted revised Final Working Drawings. Such procedure If Landlord shall be repeated until again reasonably disapprove the revised Final Working Drawings, the parties will revise and review the Final Working Drawings are approved. again in accordance with the procedure set forth above until Landlord’s failure to timely respond to Tenant within any applicable response period referenced herein shall be deemed Landlord’s reasonable approval of the Final Working Drawingsis obtained.

Appears in 1 contract

Samples: Office Lease (HMS Holdings Corp)

Final Working Drawings. On or before After the date 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 in Schedule 1below. Within twenty-eight (28) days after approval of the Final Space Plan by Landlord, Tenant, Tenant shall promptly cause the Architect and the Engineers shall to complete the architectural and engineering drawings for the PremisesImproved Space, and the final architectural Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing 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”"FINAL WORKING DRAWINGS") and shall submit the same to Landlord for Landlord’s 's approval. Following Landlord’s approval of the applicable Final Space PlanHowever, Tenant, the Architect and 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 complete be extended for each day after the expiration of said one (except to the extent certain construction is being completed on a “design-build” basis1) business day cure period that completion of the Final Working Drawings for the applicable EXHIBIT B phase are so delayed as a result of the Tenant Improvements in a form which is sufficient failure of the Engineers to allow contractors to bid on the work and to obtain all applicable permits and shall submit the same to Landlord for Landlord’s approvalbe reasonably responsive. 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 two (42) completed copies signed by Tenant of such Final Working Drawings. Landlord shall, shall advise Tenant within five (5) business days after Landlord’s 's receipt of all 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 of the Final Working Drawings. If Tenant is so advised, either Tenant shall within five (i5) approve the Final Working Drawings, (ii) approve business days thereafter revise the Final Working Drawings subject to specified conditions which must be stated in a reasonably clear accordance with such review and complete manner to be satisfied by Tenant prior to submitting the Approved Working Drawings for permits as set forth any disapproval of Landlord in Section 3.4, below of this Tenant Work Letter, to the extent the Final Working Drawings contain a Design Problem, or (iii) disapprove and return the Final Working Drawings to Tenant with requested revisions to the extent the Final Working Drawings 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 the resubmitted Final Working Drawings, based upon the criteria set forth in this Section 3.3, within three (3) 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 Drawingsconnection therewith.

Appears in 1 contract

Samples: Investment Technology Group Inc

Final Working Drawings. On Upon Landlord's approval (or before deemed approval) of the date set forth in Schedule 1Final Space Plan, Tenant, 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 the final architectural Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing 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 EXHIBIT B 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 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 shallshall advise Tenant within fifteen (15) business days after Landlord's receipt of the Final Working Drawings if there is a Design Problem with respect to 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 deemed to 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 any other similar Improvements for any floor or Phase of the Premises previously approved (or deemed approved) by Landlord. If Landlord advises Tenant that a Design Problem exists with respect to any Final Working Drawings, Tenant shall cause the applicable Final Working Drawings to be revised to correct such Design Problem. Landlord shall approve any re-submittal of Final Working Drawings within five (5) business days after receipt thereof and Landlord’s receipt 's failure to respond within such five (5) business day period shall be deemed to be Landlord's approval of all of such Final Working Drawings. At the time Landlord gives its approval to any Final Working Drawings, either (i) approve upon specific request by Tenant, Landlord shall notify Tenant in writing of whether any of the Final Working Drawings, (ii) 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 Improvements set forth in Section 3.4, below of this Tenant Work Letter, to the extent the Final Working Drawings contain a Design Problem, or (iii) disapprove and return the Final Working Drawings to Tenant with requested revisions to the extent the Final Working Drawings 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 the resubmitted Final Working Drawings, based upon the criteria set forth in this Section 3.3, within three (3) business days after Landlord receives such resubmitted Final Working Drawings. Such procedure shall be repeated until the Final Working Drawings are approvedSpecialty Improvements. Landlord’s failure If Landlord fails to timely respond to Tenant within any applicable response period referenced herein so notify Tenant, then none of the Improvement set forth in such Final Working Drawings shall be deemed Landlord’s approval to be Specialty Improvements for purposes of the Final Working Drawings.this Lease. 720213.12/XXX000000-00005/4-9-14/mem/ejw EXHIBIT B-21-

Appears in 1 contract

Samples: Office Lease (Salesforce Com Inc)

Final Working Drawings. On or before After the date set forth in Schedule 1Space Plan has been approved by Landlord, TenantTenant shall supply the Building Consultants with a complete listing of standard and non-standard equipment and specifications, the Architect including, without limitation, B.T.U. calculations, electrical requirements and the Engineers shall complete the architectural and engineering drawings special electrical receptacle requirements for the Premises, to enable the Building Consultants and the final architectural Architect 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, structural, mechanical, electrical and plumbing working drawings 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, not to be unreasonably withheld, conditioned or delayed. 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 EXHIBIT B 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, 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, within five (5) business days after Landlordshall respond to Tenant’s receipt of all submission of the Final Working DrawingsDrawings within ten (10) business days following Tenant’s submission, either (i) approve the and Landlord’s failure to respond within such time shall be a Landlord Delay. If Landlord disapproves Tenant’s Final Working Drawings, (ii) 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 3.4, below of this Tenant Work Letter, to the extent the Final Working Drawings contain a Design Problem, or (iii) disapprove and return the Final Working Drawings to Tenant with requested revisions to the extent the Final Working Drawings 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 the resubmitted Final Working Drawings, based upon the criteria set forth specify in this Section 3.3reasonable detail, within three such ten (310) business days after Landlord receives day period, the basis of such resubmitted Final Working Drawings. Such procedure shall be repeated until disapproval and the Final Working Drawings are approved. Landlord’s failure changes necessary to timely respond to Tenant within any applicable response period referenced herein shall be deemed obtain Landlord’s approval of the Final Working Drawings. Thereafter, Tenant may revise and re-submit its draft Final Working Drawings to Landlord, which Landlord will review and respond to within ten (10) 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 have been approved in writing by Landlord.

Appears in 1 contract

Samples: Office Lease Agreement (Medivation, Inc.)

Final Working Drawings. On or before Based on the date set forth in Schedule 1approved Preliminary Plans, Tenant, the Architect Landlord shall cause Landlord's architect and the Engineers shall engineer to complete the architectural and engineering drawings for the PremisesVertical Exhaust, and cause the final architectural 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 Landlord’s Tenant's approval. Following Landlord’s approval of the applicable Final Space Plan, Tenant, the Architect and the Engineers shall complete (except not to the extent certain construction is being completed on a “design-build” basis) the Final Working Drawings for the applicable EXHIBIT B 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 approvalbe 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. Landlord shall, Drawings within five (5) business days after Landlord’s receipt of all of Landlord delivers the Final Working Drawings, either (i) approve the Final Working Drawings, (ii) 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 3.4, below of this Tenant Work Letter, to the extent the Final Working Drawings contain a Design Problem, or (iii) disapprove and return the Final Working Drawings same to Tenant with requested revisions to the extent the Final Working Drawings 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 the resubmitted Final Working Drawings, based upon the criteria set forth in this Section 3.3, within three (3) business days after Landlord receives such resubmitted delivers any Final Working Drawings. Such procedure shall be repeated until Drawing revisions thereto to Tenant; provided, however, that Tenant may only disapprove the Final Working Drawings to the extent the same are approvednot in substantial conformance with the Preliminary Plans. Landlord’s failure Failure of Tenant to timely respond to Tenant within Landlord before the expiration of any applicable response period referenced herein such time periods set forth above shall be deemed Landlord’s Tenant's approval of the 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

Samples: Lease (Achaogen Inc)

Final Working Drawings. On or before After the date 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 in Schedule 1, below. Upon the reasonable 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 the final architectural Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing 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 reasonable 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 EXHIBIT B 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 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 within five (5) business days after Landlord’s 's receipt of all of the Final Working Drawings, Drawings either (i) approve the Final Working Drawings, Drawings or (ii) 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 3.4, below of this Tenant Work Letter, to the extent the Final Working Drawings contain a Design Problem, or (iii) disapprove and return the Final Working Drawings to Tenant with requested revisions to the extent the Final Working Drawings contain a Design Problem; provided, however,if Landlord fails to approve or disapprove the Final Working Drawings within such five (5) business day period, then Tenant shall send Landlord notice of Landlord's failure to approve or disapprove the Final Working Drawings. Landlord's failure to approve or disapprove the Final Working Drawings within three (3) business days of receiving such "reminder" notice shall be deemed Landlord's approval of the Final Working Drawings. If Landlord disapproves of the Final Working Drawings, Tenant may resubmit the Final Working Drawings to Landlord at any time, and Landlord shall approve or disapprove the resubmitted Final Working Drawings, based upon the criteria set forth in this Section 3.3, 2.3 within three (3) 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.

Appears in 1 contract

Samples: Office Lease (Amn Healthcare Services Inc)

Final Working Drawings. On or before After the date 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 in Schedule 1, 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 the final architectural Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing 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 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 EXHIBIT B 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, shall advise Tenant within five (5) business days after Landlord’s receipt of all of the Final Working Drawings, either (i) approve the Final Working Drawings, (ii) approve the Final Working Drawings subject to specified conditions, which conditions which must be stated in a reasonably clear and complete manner 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 3.4, below of this Tenant Work Letter, to the extent the Final Working Drawings contain address a potential Design Problem, or (iii) disapprove and return the Final Working Construction Drawings to Tenant with requested revisions revisions; provided, however, Landlord shall only disapprove such Final Working Drawings to the extent the Final Working Drawings contain of 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 the resubmitted Final Working Drawings, based upon the criteria set forth in this Section 3.33.3 , within three (3) 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.

Appears in 1 contract

Samples: Office Lease (Dexcom Inc)

Final Working Drawings. On or before After the date 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 in Schedule 1, 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 the final architectural Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing 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 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 EXHIBIT B 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, shall advise Tenant within five (5) business days after Landlord’s receipt of all of the Final Working Drawings, either (i) approve the Final Working Drawings, (ii) approve the Final Working Drawings subject to specified conditions which must be stated for the Premises if the same is unsatisfactory or incomplete in any respect, provided, Landlord may not withhold its consent unless 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 3.4, below of this Tenant Work Letter, to the extent Design Problem exists or the Final Working Drawings contain are not consistent with or a Design Problemlogical extension of the Final Space Plan. If Tenant is so advised, or (iii) disapprove and return Tenant shall immediately revise the Final Working Drawings to Tenant in accordance with requested revisions to the extent the Final Working Drawings contain a Design Problem. If such review and any disapproval of Landlord disapproves the Final Working Drawings, Tenant may in connection therewith and resubmit the Final Working Drawings them to Landlord at any timefor approval, and Landlord which shall approve or disapprove the resubmitted Final Working Drawings, based upon the criteria set forth in this Section 3.3, occur within three (3) business days after resubmission. If Landlord receives such resubmitted fails to approve or disapprove of the Final Working Drawings within the applicable periods set forth above, Landlord shall be deemed to have approved the Final Working Drawings. Such procedure shall be repeated until In addition, if the Final Working Drawings are approved. Landlord’s failure 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 timely respond to any such alterations, and notifies Tenant within any applicable response period referenced herein shall be deemed Landlord’s approval of the Final Working Drawings.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. EXHIBIT B

Appears in 1 contract

Samples: Form Office Lease (Abraxis BioScience, Inc.)

Final Working Drawings. On or before After the date 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 in Schedule 1below. Upon the approval of the Final Space Plan by Lessor and Lessee, Tenant, Lessee shall promptly cause the Architect and the Engineers shall to complete the architectural and engineering drawings for the Premises, and the final architectural Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings 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 LandlordLessor’s approval, four (4) copies signed by Lessee of such Final Working Drawings. Following LandlordLessor shall advise Lessee within seven (7) business days after Lessor’s approval receipt 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 EXHIBIT B 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 Premises if the same to Landlord for Landlord’s approvalis reasonably unsatisfactory or incomplete in any respect. The If Lessee is so advised, Lessee shall immediately revise the Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply Landlord accordance with four (4) completed copies signed by Tenant such review and any disapproval of such Lessor in connection therewith and submit the revised Final Working Drawings. Landlord shall, within five Drawings to Lessor no later than seven (57) business days after Landlord’s receipt of all of Lessor delivers its advice. If Lessor makes any objections to the Final Working Drawings, either and provided such objections are reasonable, Lessee shall revise the Final Working Drawings and cause such objections to be remedied in the revised Final Working Drawings. Within two (i2) approve business days after Lessor receives the revised Final Working Drawings, (ii) 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 3.4, below of this Tenant Work Letter, to the extent the Final Working Drawings contain a Design Problem, or (iii) disapprove and return the Final Working Drawings to Tenant with requested revisions to the extent the Final Working Drawings 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 Lessor shall approve or reasonably disapprove the resubmitted Final Working Drawings, based upon the criteria set forth in this Section 3.3, within three (3) business days after Landlord receives such resubmitted revised Final Working Drawings. Such This procedure shall be repeated until the Final Working Drawings are approvedis finally approved by Lessor and written approval has been delivered to and received by Lessee. LandlordLessor’s failure to advise timely respond to Tenant within any applicable response period referenced herein shall be deemed Landlord’s approval of the Final Working Drawingsapproval.

Appears in 1 contract

Samples: Letter Agreement (Blue Coat Systems Inc)

Final Working Drawings. On or before Tenant shall cause Tenant’s architect to prepare from the date set forth in Schedule 1approved Space Plans and furnish to Landlord and Tenant for review and approval, Tenantcomplete architectural plans, the Architect drawings and the Engineers shall specifications and complete the architectural engineered mechanical, structural and engineering drawings electrical Working Drawings for (i) all of the Premises, showing the demising plan, improvements, and the final architectural working drawings in a form which is complete to allow subcontractors to bid on the work Tenant’s design work, (ii) Tenant’s electrical, plumbing and to obtain all applicable permits lighting requirements, and (collectively, the iii) any internal or external communications or special utility facilities (collectively “Final Working DrawingsDrawings and Specifications) ; the work shown thereon being called the “Tenant Work”), all in such form and shall submit in such detail as may be reasonably required by Landlord. Concurrently with the same to Landlord for Landlord’s approval. Following Landlord’s approval delivery 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 EXHIBIT B 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 Specifications to Landlord for Landlordits approval, Tenant shall cause Tenant’s architect to deliver to Landlord and Tenant for review and approval. The : (i) a schedule of values allocating costs to the various portions of the work involved in the construction and installation of the improvements required by the Final Working Drawings may be submitted in one or more stages at one or more timesand Specifications (“Schedule of Values”), provided that (ii) an estimate of the total Work Cost (“Work Cost Estimate”) for the Tenant shall ultimately supply Landlord with four (4) completed copies signed by Tenant of such Work to which the Final Working DrawingsDrawings and Specifications relate, and (iii) a tentative construction schedule for the Tenant Work represented by the Final Working Drawings and Specifications showing the anticipated commencement date and projected completion date (“Tentative Construction Schedule”). Landlord shall, within five (5) business days after LandlordTenant’s receipt of architect and/or contractor shall provide all services necessary for the preparation of the Final Working DrawingsDrawings and Specifications, either (i) approve Schedule of Values, Work Cost Estimate and Tentative Construction Schedule and for securing such permits and approvals as, by reason of the Final Working Drawingsnature of the Tenant Work, (ii) 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 3.4, below of this Tenant Work Letter, to the extent the Final Working Drawings contain a Design Problem, or (iii) disapprove and return the Final Working Drawings to Tenant with requested revisions to the extent the Final Working Drawings 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 the resubmitted Final Working Drawings, based upon the criteria set forth in this Section 3.3, within three (3) business days after Landlord receives such resubmitted Final Working Drawings. Such procedure shall be repeated until 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 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 DrawingsWork, including, without limitation, OSHA and CAL-OSHA, life-safety and sprinklers.

Appears in 1 contract

Samples: Office Lease (En Pointe Technologies Inc)

Final Working Drawings. On or before Based on the date set forth in Schedule 1Final Space Plan, Tenant, 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, structural, mechanical, electrical and the final architectural plumbing 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 Landlord’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 EXHIBIT B 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 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 five (5) business days after Landlord’s receipt of all of the Final Working Drawings, either (i) approve the Final Working Drawings, (ii) approve Landlord delivers the Final Working Drawings subject or any revisions thereto to specified conditions which must be stated in a reasonably clear and complete manner to be satisfied by Tenant; provided, however, that Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 3.4, below of this Tenant Work Letter, to the extent the Final Working Drawings contain a Design Problem, or (iii) may only disapprove and return the Final Working Drawings to Tenant with requested revisions to the extent the same are not (subject to changes reasonably required by Landlord) in substantial conformance with the Final Space Plan (“Working Drawing Design SAN MATEO PLAZA EXHIBIT B XxxxXxxxx.xxx, Inc. Problem”). Tenant’s failure to reasonably disapprove the Final Working Drawings contain a 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. 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 the resubmitted Final Working Drawings, based upon the criteria set forth in this Section 3.3, ) within three said five (35) 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 day period referenced herein shall be deemed Landlordto constitute Tenant’s approval of the Final Working DrawingsDrawings or such revisions.

Appears in 1 contract

Samples: Office Lease (Cafepress Inc.)

Final Working Drawings. On or before After the date 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 in Schedule 1, 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 the final architectural Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings 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. 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 EXHIBIT B 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 shallshall advise Tenant within ten (10) business days after Landlord's receipt of the Final Working Drawings 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 Landlord. 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 in connection therewith. If Landlord fails to respond to the Final Working Drawings within the ten (10) 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’s receipt of all of the a Final Working DrawingsDrawings Reminder Notice, either (i) approve the Final Working Drawings, (ii) approve then 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 3.4, below of this Tenant Work Letter, to the extent the Final Working Drawings contain a Design Problem, or (iii) disapprove and return the Final Working Drawings to Tenant with requested revisions to the extent the Final Working Drawings 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 the resubmitted Final Working Drawings, based upon the criteria set forth in this Section 3.3, within three (3) 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 approved by Landlord’s approval of the Final Working Drawings.

Appears in 1 contract

Samples: Lease (Nkarta, Inc.)

Final Working Drawings. On or before Based on the date set forth in Schedule 1Final Space Plan, Tenant, Landlord shall cause the Architect and the Engineers shall to complete the architectural and engineering drawings for the Premises, and the final architectural Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing 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 Landlord’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 EXHIBIT B 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 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 five (5) business days after Landlord’s receipt of all of the Final Working Drawings, either (i) approve the Final Working Drawings, (ii) approve Landlord delivers the Final Working Drawings subject or any revisions thereto to specified conditions which must be stated in a reasonably clear and complete manner to be satisfied by Tenant; provided, however, that Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 3.4, below of this Tenant Work Letter, to the extent the Final Working Drawings contain a Design Problem, or (iii) may only disapprove and return the Final Working Drawings to Tenant with requested revisions to 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 reasonably disapprove the Final Working Drawings contain a 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. 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 the resubmitted Final Working Drawings, based upon the criteria set forth in this Section 3.3, ) within three said five (3) 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 5)-business day period referenced herein shall be deemed Landlordto constitute Tenant’s approval of the Final Working DrawingsDrawings or such revisions.

Appears in 1 contract

Samples: Terms of Lease (Intervoice Inc)

Final Working Drawings. On 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 before the date 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 in Schedule 1, 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 the final architectural Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing 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 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 EXHIBIT B 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 shallshall advise Tenant within ten (10) business days after Landlord’s receipt of the Final Working Drawings for applicable Suite or the Original 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 reasonable disapproval of Landlord in connection therewith and resubmit to Landlord, and Landlord shall advise Tenant within five (5) business days after Landlord’s receipt such resubmittal if the same is unsatisfactory or complete in any respect. Failure of all of the Final Working Drawings, either (i) approve the Final Working Drawings, (ii) approve the Final Working Drawings subject Landlord 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 3.4, below of this Tenant Work Letter, to the extent the Final Working Drawings contain a Design Problem, or (iii) disapprove and return the Final Working Drawings respond to Tenant with requested revisions to the extent the Final Working Drawings contain a Design Problem. If Landlord disapproves the Final Working Drawings, Tenant may resubmit the Final Working Drawings to Landlord at in writing within any time, and Landlord shall approve or disapprove the resubmitted Final Working Drawings, based upon the criteria set forth five business day period provided in this Section 3.3, within three (3) 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 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

Samples: Office Lease (Docusign Inc)

Final Working Drawings. On or before After the date 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 in Schedule 1, 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, structural, mechanical, electrical and plumbing working drawings, to the final architectural working drawings extent applicable to the Tenant Improvements, 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. 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 EXHIBIT B 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, shall advise Tenant within five ten (510) business days after Landlord’s receipt of all of the Final Working Drawings, either (i) approve the Final Working Drawings, (ii) approve the Final Working Drawings subject to specified conditions which must be stated for the Premises if the same is unsatisfactory or incomplete in a reasonably clear and complete manner to be satisfied by any respect. If Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 3.4is so advised, below of this Tenant Work Letter, to the extent the Final Working Drawings contain a Design Problem, or (iii) disapprove and return shall promptly cause the Final Working Drawings to Tenant be revised in accordance with requested revisions to such review and any disapproval of Landlord in connection therewith. Notwithstanding the extent the Final Working Drawings contain a Design Problem. If Landlord disapproves the Final Working Drawingsforegoing, Tenant may resubmit the Final Working Drawings to Landlord at any time, and Landlord shall approve or disapprove the resubmitted Final Working Drawings, based upon the criteria set forth in this Section 3.3, within three (3) 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 DrawingsDrawings shall not be unreasonably withheld; provided that Landlord and Tenant hereby agree that it shall be deemed reasonable for Landlord to withhold its approval of the Final Working Drawings if a Design Problem exists or if the Final Working Drawings are inconsistent with the Final Space Plan.

Appears in 1 contract

Samples: Animal Care Agreement (Revolution Medicines, Inc.)

Final Working Drawings. On After the Final Space Plan has been approved (or before deemed approved) by Landlord, Tenant shall supply the date 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 in Schedule 1, 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 the final architectural Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing 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; however, Tenant shall have the ability to submit architectural and engineered drawings at separate times, all subject to the timelines outlined below. Following Tenant shall supply Landlord with one (1) copy signed by Tenant (and three (3) additional unsigned copies as necessary for review) of such Final Working Drawings. Such Final Working Drawings shall be approved by Landlord’s , which approval shall not be unreasonably withheld, conditioned or delayed; provided, however, without limitation as to other reasonable grounds for withholding consent, it shall be deemed reasonable for Landlord to withhold its consent to any proposed Fifth Amendment Premises Improvements or aspect of the applicable Final Space Plan, Tenant, Working Drawings in the Architect and event the Engineers same causes a Design Problem. Landlord shall complete advise Tenant within ten (except to the extent certain construction is being completed on a “design-build” basis10) business days after Landlord's receipt of the Final Working Drawings for the applicable EXHIBIT B 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 Fifth Amendment Premises if the same to Landlord for Landlord’s approvalis unsatisfactory or incomplete in any respect. The Final Working Drawings may be submitted in one or more stages at one or more timesIf Tenant is so advised, provided that Tenant shall ultimately supply Landlord with four (4) completed copies signed by Tenant of such Final Working Drawings. Landlord shall, within five (5) business days after Landlord’s receipt of all of the Final Working Drawings, either (i) approve the Final Working Drawings, (ii) 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 3.4, below of this Tenant Work Letter, to the extent the Final Working Drawings contain a Design Problem, or (iii) disapprove and return promptly cause the Final Working Drawings to be revised in accordance with such review and any disapproval of Landlord in connection therewith. If Landlord fails to notify Tenant with requested revisions to the extent the of Landlord's approval or disapproval of any such Final Working Drawings contain a Design Problem. If Landlord disapproves the Final Working Drawingswithin such ten (10) business day period, Tenant may resubmit shall have the Final Working Drawings right to provide Landlord at any time, and Landlord shall approve or disapprove the resubmitted Final Working Drawings, based upon the criteria set forth in this Section 3.3, within three with a second written request for approval (3) 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.a "

Appears in 1 contract

Samples: Office Lease (Lyft, Inc.)

Final Working Drawings. On or before the date set forth in Schedule 1Prior 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 architectural and engineering detailed construction plans and specifications, including a fully coordinated set of architectural, structural, mechanical, fire protection, electrical and plumbing working drawings for the PremisesTenant Improvement Work, and the final architectural working drawings 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 the same to Landlord for Landlord’s approval. Following Landlord’s approval of the applicable Final Space Plan"); provided that, at Tenant's option, 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 EXHIBIT B 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 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 five fifteen (515) business days after Landlord’s receipt of all thereof. Landlord shall not unreasonably withhold or condition its approval of the Final Working Drawings, either (i) approve provided that, without limiting the Final Working Drawingsgenerality of the foregoing, (ii) approve Landlord shall be entitled to withhold its consent to the Final Working Drawings subject to for any of the reasons 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 clauses (a) through (d) of Section 2.2.1 above, or if in Section 3.4Landlord's good faith judgment, below of this Tenant Work Letter, to the extent the Final Working Drawings contain a Design Problemare materially inconsistent with, or (iii) disapprove and return do not conform to, the Final Working Drawings to Tenant with requested revisions to the extent the Final Working Drawings contain a Design ProblemApproved 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, based upon the criteria set forth in this Section 3.3, Drawings within three five (35) business days after Landlord receives receipt of such resubmitted Final Working Drawingsrevisions. Such This procedure shall be repeated until Landlord approves (or is deemed to have approved as provided below) the Final Working Drawings are (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’s failure , 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 timely respond to Tenant in writing within any applicable response period referenced herein five (5) business days after delivery of such second notice, the Final Working Drawings last submitted shall be deemed approved by Landlord’s . 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

Samples: Lease (Riverbed Technology, Inc.)

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