Common use of Plans and Drawings Clause in Contracts

Plans and Drawings. On or before May 15, 2008 (the “Space Plan Deadline”), Tenant shall submit to Landlord, Tenant’s approved space plan for the Premises (the “Space Plan”). On or before June 1, 2008 (the “Working Drawing Deadline”), which date shall be extended by one (1) day for each day of Tenant’s Delay (defined below), Tenant shall deliver to Landlord for Landlord’s approval working drawings consisting of a floor plan, reflected ceiling plan, interior elevations, electrical plan, door schedule and finish schedule for the Premises (the “Working Drawings”), which Working Drawings shall be consistent with the Space Plan. Landlord shall approve or disapprove the Working Drawings within ten (10) business days after delivery of the Working Drawings to Landlord, which approval shall not be unreasonably withheld. Landlord shall not unreasonably disapprove the Working Drawings. If Landlord disapproves the Working Drawings, Landlord shall return the Working Drawings to Tenant with Landlord’s specific requested changes noted thereon. Tenant shall promptly revise and resubmit the Working Drawings to Landlord and Landlord shall approve such revised Working Drawings within six (6) business days after receipt. The Working Drawings as finally approved by Landlord are referred to as the “Final Plans”, and the improvements to the Premises shown in the Final Plans is sometimes referred to herein as the “Landlord Work”. Landlord shall obtain all permits and approvals, and shall construct or modify the improvements to the Premises in accordance with the Final Plans, in a good and workmanlike manner, and charge the Tenant Improvement Allowance for an amount equal to the costs incurred by Landlord in constructing the improvements, including, without limitation, Landlord and Tenant’s actual cost of the work performed and materials provided, architectural fees, engineering fees, mechanical costs, structural costs, electrical costs, construction management fees to Tenant’s construction management consultant, permit fees, out-of-pocket expenses, and any increased costs incurred by Landlord and Tenant as a result of any changes to the Final Plans requested by Landlord and Tenant or any Tenant’s Delay (collectively, “Construction Costs”). Tenant shall pay or reimburse Landlord twenty (20) days after Landlord’s request for any Construction Costs in excess of the Tenant Improvement Allowance incurred by Landlord in constructing the improvements in accordance with the Final Plans.

Plans and Drawings. On or before May 15As soon as possible following the execution and delivery of this Lease, 2008 (the “Landlord and Tenant shall complete a Space Plan Deadline”), Tenant shall submit to Landlord, Tenant’s approved space plan for the Premises (the “"Space Plan”"). On or before June 1Following approval of the Space Plan by Landlord and Tenant, 2008 (the “Working Drawing Deadline”), which date shall be extended by one (1) day for each day of Tenant’s Delay (defined below), Tenant Landlord shall deliver to Landlord Tenant for Landlord’s Tenant's approval working drawings consisting of a floor plan, reflected ceiling plan, interior elevations, electrical plan, door schedule and finish schedule for the Premises (the “"Working Drawings”"), which Working Drawings shall be consistent with the Space Plan. Landlord shall approve or disapprove the Working Drawings within ten (10) business days after delivery of the Working Drawings to Landlord, which approval shall not be unreasonably withheld. Landlord shall not unreasonably disapprove the Working Drawings. If Landlord disapproves the Working Drawings, Landlord shall return the Working Drawings to Tenant with Landlord’s specific requested changes noted thereon. Tenant shall promptly revise and resubmit the Working Drawings to Landlord and Landlord shall approve such revised Working Drawings within six (6) business days after receipt. The Working Drawings as finally approved by Landlord Tenant are referred to as the “"Final Plans”", and the improvements to the Premises shown in the Final Plans is are sometimes referred to herein as the “Landlord "Landlord's Work”". Following approval of the Final Plans, Landlord shall obtain all permits and approvals, approvals and shall construct or modify the improvements to the Premises in accordance with the Final Plans, in a good and first-class workmanlike manner, and charge the Tenant Improvement Allowance for an amount equal to the costs incurred by Landlord in constructing the improvements, including, without limitation, Landlord and Tenant’s Landlord's actual cost of the work performed and materials provided, architectural fees, engineering fees, mechanical costs, structural costs, electrical costs, construction management fees (not to Tenant’s construction management consultantexceed five percent (5%) of the total cost), permit fees, out-of-pocket expenses, and any increased costs incurred by Landlord and Tenant as a result of any changes to the Final Plans requested by Landlord and Tenant or any Tenant’s Delay delay caused by Tenant (collectively, “"Construction Costs”"). Tenant shall pay or reimburse Landlord twenty within five (205) days after Landlord’s 's request for any Construction Costs in excess of the Tenant Improvement Allowance incurred by Landlord in constructing the improvements in accordance with the Final Plans, and Landlord shall have no obligation to proceed with construction until such excess Construction Costs are received.

Plans and Drawings. On or before May 15, 2008 (Tenant and Landlord have approved the “Space Plan Deadline”), Tenant shall submit to Landlord, Tenant’s approved space plan ------------------- for the Premises (the “"SPACE PLAN"), attached hereto as Exhibit F, and Landlord shall complete the work shown in the Space Plan”Plan and in the work description attached hereto as Exhibit F (the "TENANT IMPROVEMENT WORK"). On or before June 1, 2008 (the “Working Drawing Deadline”)Deadline specified in Paragraph 16 of the Basic Lease Information, which date shall be extended by one (1) day for each day of Tenant’s Delay (defined below)'s Delay, Tenant Landlord shall deliver to Landlord Tenant for Landlord’s Tenant's approval working drawings consisting of a floor plan, reflected ceiling plan, interior elevations, electrical plan, door schedule and finish schedule for the Premises (the “Working Drawings”"WORKING DRAWINGS"), which Working Drawings shall be consistent with the Space Plan. Landlord Tenant shall approve or disapprove the Working Drawings within ten three (103) business days after delivery of the Working Drawings to LandlordTenant, which approval shall not be unreasonably withheld. Landlord Tenant shall not unreasonably have the right to disapprove the Working DrawingsDrawings only to the extent the Working Drawings are inconsistent with the Space Plan. If Landlord Tenant disapproves the Working Drawings, Landlord Tenant shall return the Working Drawings to Tenant Landlord with Landlord’s Tenant's specific requested changes noted thereon. Tenant Landlord shall promptly revise and resubmit the Working Drawings to Landlord Tenant and Landlord Tenant shall approve such revised Working Drawings within six two (62) business days after receipt. Landlord shall be obligated to revise the Working Drawings only to the extent the Working Drawings are inconsistent with the Space Plan. The Working Drawings as finally approved by Landlord Tenant are referred to as the “Final Plans”, and the improvements to the Premises shown in the Final Plans is sometimes referred to herein as the “Landlord Work”"FINAL PLANS". Landlord shall obtain all permits and approvals, approvals and shall cause its contractors to construct or modify the improvements to the Premises in a good and workmanlike manner in compliance with all applicable laws in accordance with the Final Plans, in a good and workmanlike manner, and charge the . Tenant Improvement Allowance shall pay or reimburse Landlord within five (5) days after Landlord's request for an amount equal to the any increased or additional costs incurred by Landlord in constructing the improvements, including, without limitation, Landlord and Tenant’s actual cost of the work performed and materials provided, architectural fees, engineering fees, mechanical costs, structural costs, electrical costs, construction management fees to Tenant’s construction management consultant, permit fees, out-of-pocket expenses, and any increased costs incurred by Landlord and Tenant as a result of any changes to the Final Plans requested by Landlord and Tenant or by any Tenant’s 's Delay (collectively, “Construction Costs”)"EXCESS CONSTRUCTION COSTS") and any Tenant's Delay. Tenant shall pay or reimburse Landlord twenty within five (205) days after Landlord’s 's request for any Excess Construction Costs, and Landlord shall have no obligation to proceed with construction until such Excess Construction Costs in excess of the Tenant Improvement Allowance incurred by Landlord in constructing the improvements in accordance with the Final Plansare received.

Plans and Drawings. On or before May 15, 2008 (the “Space Plan Deadline”), Landlord and Tenant shall submit acknowledge and agree that Tenant has submitted to Landlord, Landlord and Landlord has approved Tenant’s approved space plan for the Premises which is attached hereto as Exhibit F (the “Space Plan”). On or before June 1, 2008 (the “Working Drawing Deadline”), which date shall be extended by one (1) day for each day of Tenant’s Delay (defined below)Further, Tenant shall deliver has delivered to Landlord for Landlord’s approval and Landlord has approved working drawings consisting of a floor plan, reflected ceiling plan, interior elevations, electrical plan, door schedule and finish schedule for the Premises prepared by Xxxxxx & Associates (the “Architect”) dated July 11, 2001 and revised July 16, 2001 (the “Working Drawings”), which Working Drawings shall be consistent with the Space Plan. Landlord shall approve or disapprove the Working Drawings within ten (10) business days after delivery of the Working Drawings to Landlord, which approval shall not be unreasonably withheld. Landlord shall not unreasonably disapprove the Working Drawings. If Landlord disapproves the Working Drawings, Landlord shall return the Working Drawings to Tenant with Landlord’s specific requested changes noted thereon. Tenant shall promptly revise and resubmit the Working Drawings to Landlord and Landlord shall approve such revised Working Drawings within six (6) business days after receipt. The Working Drawings as finally approved by Landlord are referred to as the “Final Plans”, .” An amount equal to the difference between Landlord’s reasonable estimate of the Construction Costs (as defined below) and the improvements to the Premises shown in the Final Plans is sometimes Tenant Improvement Allowance shall hereinafter be referred to herein as the “Landlord WorkTenant Portion”. Landlord shall obtain all permits and approvals, approvals and shall construct or modify the improvements to the Premises in accordance with the Final Plans, in a good and first-class workmanlike manner, and charge the Tenant and the Tenant Improvement Allowance Allowance, respectively, on a pro-rata basis according to the ratio, as determined by Landlord from time to time, of the Tenant Portion to the Tenant Improvement Allowance, for an amount equal to the costs incurred by Landlord in constructing connection with the improvements, including, without limitation, Landlord and Tenant’s actual cost construction of the work performed and materials provided, architectural fees, engineering fees, mechanical costs, structural costs, electrical costsimprovements pursuant to the Construction Contract (as defined below), construction management fees (not to Tenant’s construction management consultantexceed three percent (3%) of the total cost of constructing the Tenant Improvements), permit fees, out-of-pocket expenses, and any increased construction costs incurred by Landlord and Tenant as a result of any changes to the Final Plans requested by Landlord and Tenant or any Tenant’s Delay (collectively, “Construction Costs”), until the entire amount of the Tenant Improvement Allowance is applied to the Construction Costs, at which time Tenant shall be solely responsible for any remaining Construction Costs. Tenant shall pay or reimburse Landlord twenty within five (205) days after delivery of Landlord’s request pursuant to this Section 30(c) for any Tenant’s pro-rata share of Construction Costs. Such request for reimbursement shall be accompanied by reasonable backup information, such as copies for draw requests made by the contractor under the Construction Contract, invoices, or similar items reasonably requested by Tenant. If Tenant fails to reimburse Landlord for Tenant’s pro-rata share of Construction Costs in excess within (5) days after delivery of Landlord’s request, Landlord may deliver a final demand letter to Tenant, and Tenant’s failure to reimburse Landlord within five (5) days after delivery of Landlord’s final demand letter shall constitute an Event of Default hereunder. Tenant shall retain and pay directly the Architect with respect to the Working Drawings. Landlord and Tenant agree that the construction of the improvements shall be performed pursuant to a construction contract between Landlord and R.N. Field which contains a “stipulated sum” (subject to the terms of such contract) of $440,469 (the “Construction Contract”). Landlord agrees that it shall not agree to any material modification to the Construction Contract (including, but not limited to, any change to the “stipulated sum” as set forth therein) without the prior written consent of Tenant Improvement Allowance incurred by Landlord in constructing the improvements in accordance with the Final Planswhich consent shall not be unreasonably withheld or delayed.