Common use of Initial Plans Clause in Contracts

Initial Plans. (i) Tenant shall cause an Approved Architect and the Engineer to prepare the following proposed drawings (as applicable) (the “Plans”, and individually a “Plan”) for each of (1) the Initial Build-Out Plan, (2) the 2nd Floor Plan, (3) each Subsequent Build Out Plan, (4) the Lobby Renovations Plan and (5) the Amenity Space Plan, in form approved by Tenant, for submission to Landlord for Landlord’s approval (which approval shall not be unreasonably withheld, conditioned or delayed), as applicable to each Plan: (A) A space plan, which shall indicate partition layout, door location, special equipment types, floor load requirements exceeding one hundred (100) pounds per square foot live load, telephone and electrical outlet locations, and the seating capacity of all conference rooms; (B) Architectural working drawings, which shall include: master legend, construction plan, reflected ceiling plan, telephone and electrical outlet layout, finish plan and all architectural details, elevations and specifications necessary to construct the Initial Premises; (C) MEP drawings (consisting of HVAC, electrical, telephone, and plumbing); (D) Finish schedule (consisting of wall finishes and floor finishes and miscellaneous details); and (E) Each Plan shall conform with the plans for the Building (as provided by Landlord) and existing as-built conditions and comply with all rules and regulations and other requirements of any governmental authorities having or asserting jurisdiction over the Premises or the Building (subject to Tenant’s right to obtain a change to the certificate of occupancy to accommodate any design requirement). Tenant shall pay all fees in connection with filing Tenant’s construction documents, obtaining permits and obtaining final approval by government authorities and said fees can be paid directly by the Landlord as part of each applicable Tenant Improvement Allowance if requested by the Tenant.

Initial Plans. (i) Tenant shall cause an Approved Architect desires that Landlord perform certain Tenant Improvements in the Fifth Floor Premises and the Engineer Fourth Floor Premises. The Tenant Improvements for the Fourth Floor Premises shall be in substantial accordance with the plan(s) and scope of work dated August 1, 2007 (collectively, the “Initial Plans”), prepared by ▇▇▇▇▇/▇▇▇▇▇ Architecture (the “Architect”), and approved by Landlord and Tenant and attached hereto as Schedule 1. Following Landlord and Tenant’s execution of the Fourth Amendment, Tenant or Tenant’s Representatives shall furnish to Landlord, not later than five (5) business days following Landlord’s request therefor, such additional plans, drawings, specifications and finish details as Landlord may reasonably request to enable the Architect to prepare the following proposed drawings (as applicable) (the “Plans”Final Drawings, including, but not limited to, a final telephone layout and individually a “Plan”) for each special electrical connections, if any. All plans, drawings, specifications and other details which are furnished by or on behalf of (1) the Initial Build-Out Plan, (2) the 2nd Floor Plan, (3) each Subsequent Build Out Plan, (4) the Lobby Renovations Plan and (5) the Amenity Space Plan, in form approved by Tenant, for submission Tenant to Landlord for following Tenant’s execution of the Fourth Amendment shall be subject to Landlord’s approval (approval, which approval shall not be unreasonably withheld. Landlord shall not be deemed to have acted unreasonably if it withholds its approval of any plans, conditioned specifications, drawings or delayed)other details submitted by or on behalf of Tenant or of any Change Request (hereafter defined in Section 11 below) because, in Landlord’s reasonable opinion, the work as described in any such item or any Change Request, as the case may be: (a) is likely to adversely affect Building systems, the structure of the Building or the safety of the Building or its occupants; (b) is likely to impair Landlord’s ability to furnish services to Tenant or other tenants in the Building; (c) would increase the cost of operating the Building; (d) would violate any applicable to each Plan: governmental, administrative body’s or agencies’ laws, rules, regulations, ordinances, codes or similar requirements (A) A space plan, which shall indicate partition layout, door location, special equipment types, floor load requirements exceeding one hundred (100) pounds per square foot live load, telephone and electrical outlet locations, and the seating capacity of all conference rooms; (B) Architectural working drawings, which shall include: master legend, construction plan, reflected ceiling plan, telephone and electrical outlet layout, finish plan and all architectural details, elevations and specifications necessary to construct the Initial Premises; (C) MEP drawings (consisting of HVAC, electrical, telephone, and plumbing); (D) Finish schedule (consisting of wall finishes and floor finishes and miscellaneous detailsor interpretations thereof); and (Ee) Each Plan shall conform with contains or uses Hazardous Materials; (f) would adversely affect the plans for appearance of the Building (other than the interior of the Premises); (g) is likely to adversely affect another tenant’s premises or such other tenant’s use and enjoyment of such premises; (h) is prohibited by any ground lease affecting the Building and/or the Land, any matters of record or any mortgage, trust deed or other instrument encumbering the Building and/or the Land; (i) is likely to be substantially delayed because of unavailability or shortage of labor or materials necessary to perform such work or the difficulties or unusual nature of such work; (j) is not, at a minimum, in accordance with Landlord’s Building Standards (defined below); or (k) would delay completion of the Final Drawings, the Approved Final Drawings and/or the Tenant Improvements. The foregoing reasons, however, shall not be the only reasons for which Landlord may withhold its approval, whether or not such other reasons are similar or dissimilar to the foregoing. Notwithstanding the foregoing, if any plan, specification, drawing or other detail submitted by Tenant or Change Request would result in an aggregate amount of Excess Tenant Improvement Costs (defined in Section 10 below) equal to or greater than ten percent (10%) of the sum of the Fourth Floor Premises Improvement Allowances and the Fifth Floor Premises Improvement Allowance (as provided such terms are defined in Section 8 below), Landlord shall have the right to condition its approval of such plan, specification, drawing, detail or Change Request on Tenant’s furnishing additional security to Landlord hereunder. Neither the approval by Landlord of the Tenant Improvements, the Initial Plans or any other plans, specifications, drawings or other items associated with the Tenant Improvements or any Change Request nor Landlord) ’s performance, supervision or monitoring of the Tenant Improvements shall constitute any warranty or covenant by Landlord to Tenant of the adequacy of the design for Tenant’s intended use of the Premises. Tenant agrees to, and existing as-built conditions does hereby, assume full and comply with all rules complete responsibility to ensure that the Tenant Improvements and regulations the Approved Final Drawings are adequate to fully meet the needs and other requirements of any governmental authorities having or asserting jurisdiction over the Premises or the Building (subject to Tenant’s right to obtain a change to use and intended operations of its business within the certificate of occupancy to accommodate any design requirement). Tenant shall pay all fees in connection with filing Tenant’s construction documents, obtaining permits and obtaining final approval by government authorities and said fees can be paid directly by the Landlord as part of each applicable Tenant Improvement Allowance if requested by the TenantPremises.