Common use of Plans and Specifications for Tenant Improvements Clause in Contracts

Plans and Specifications for Tenant Improvements. (a) Tenant shall prepare and submit to Landlord for Landlord’s review and approval (which shall not be unreasonably withheld) a space plan for Tenant’s proposed Tenant Improvements to the Premises. Within five (5) business days after receipt of Tenant’s space plan, Landlord shall notify Tenant of Landlord’s approval or disapproval thereof, specifying in reasonable detail the basis for Landlord’s disapproval, if applicable. Following approval of the space plan, Tenant shall retain a licensed architect for the preparation of final working architectural and engineering plans and specifications for the Tenant Improvements to be constructed on the Premises based upon the approved space plan (“Final Plans and Specifications”). Tenant shall submit the Final Plans and Specifications to Landlord for Landlord’s review and approval (which shall not be unreasonably withheld). Within five (5) business days after receipt of the Final Plans and Specifications, Landlord shall notify Tenant of Landlord’s approval or disapproval thereof, specifying in reasonable detail the basis for Landlord’s disapproval, if applicable. Thereafter, Tenant shall revise the Final Plans and Specifications taking into account Landlord’s comments and resubmit the same to Landlord for Landlord’s reasonable approval, which Landlord shall provide or withhold within three (3) business days after receipt of such revised plans. In the event Landlord fails to approve or disapprove the space plan or the Final Plans and Specifications within the applicable time periods set forth above, Landlord shall be deemed to have approved the same. (b) Landlord’s review of the Final Plans and Specifications as set forth herein shall be for Landlord’s sole purpose and shall not imply Landlord’s review of the same, nor obligate Landlord to review the same, for quality, design, compliance with laws or other like matters. Accordingly, notwithstanding that any Final Plans and Specifications are reviewed by Landlord or its space planner, architect engineers or consultants, Landlord shall have no liability whatsoever in connection therewith and shall not be responsible for any omissions or errors contained in the Final Plans and Specifications.

Plans and Specifications for Tenant Improvements. 3.1 Landlord acknowledges and agrees that it has approved the space plan for the Tenant Improvements prepared by MFA Architectural & Design, Inc., dated March 13, 2011, job number 11-24 (a) the “Space Plan”). 3.2 Tenant shall cause Tenant’s Architect to prepare and submit to Landlord for complete architectural and engineering plans, drawings and specifications (“Plans and Specifications”) within ninety (90) days of the Effective Date. The Plans and Specifications, as well as the identity of Tenant’s Architect, shall be subject to Landlord’s review and approval (advance written approval, which shall not be unreasonably withheld, conditioned or delayed. The Plans and Specifications shall (i) a space plan for Tenant’s proposed Tenant Improvements to be compatible with the Premises. Within five (5) business days after receipt of Tenant’s space planBuilding shell and with the design, Landlord shall notify Tenant of Landlord’s approval or disapproval thereof, specifying in reasonable detail the basis for Landlord’s disapproval, if applicable. Following approval construction and equipment of the space planBuilding, Tenant shall retain (ii) comply with all Governmental Requirements, (iii) comply with all applicable insurance regulations, (iv) be in a licensed architect form sufficient for the preparation permitting and the construction of final working architectural and engineering plans and specifications for the Tenant Improvements to shown thereon, and (v) be constructed on the Premises based upon consistent with the approved space plan Space Plan. Landlord will have ten (“Final 10) Business Days after its receipt from Tenant to review and approve such Plans and Specifications”). Tenant shall submit If Landlord requests modifications, then the Final Plans and Specifications shall be revised to conform to Landlord’s modification requests and delivered to Landlord for Landlord’s review and approval (which shall not be unreasonably withheld). Within five (5) business days after receipt of the Final Plans and Specifications, Landlord shall notify Tenant of Landlord’s approval or disapproval thereof, specifying in reasonable detail the basis for Landlord’s disapproval, if applicable. Thereafter, Tenant shall revise the Final Plans and Specifications taking into account Landlord’s comments and resubmit the same to Landlord for Landlord’s reasonable approval, which Landlord shall provide or withhold within three (3) business days after Business Days of Tenant’s receipt of such revised plansLandlord’s comments and Landlord shall advise, within two (2) Business Days whether Landlord approves the same or has further revisions. In The foregoing exchange of revisions shall repeat until both Landlord and Tenant have approved the event Plans and Specifications, each in their reasonable discretion. If Tenant does not agree with Landlord’s requested modifications, Landlord fails and Tenant shall exercise good faith and diligent efforts to approve or disapprove reach agreement on the space plan or Plans and Specifications. Upon approval by Landlord, Tenant will submit the Final Plans and Specifications within the applicable time periods set forth above, Landlord shall be deemed to have approved the sameits General Contractor. (b) Landlord’s review of 3.3 Any and all changes to the Final Plans and Specifications as set forth herein shall be for subject to Landlord’s sole purpose and prior written approval, not to be unreasonably withheld, conditioned or delayed. Tenant shall not imply cause Tenant’s Architect or Landlord’s review of Architect to provide documentation to Landlord for all changes to the same, nor obligate Landlord to review the same, for quality, design, compliance with laws or other like matters. Accordingly, notwithstanding that any Final Plans and Specifications are reviewed by Landlord or its space planner, architect engineers or consultants, at the time each change is authorized for construction. Landlord shall have no liability whatsoever in connection therewith and shall not be responsible to Tenant or to any other person for any errors or omissions or errors contained in the Final Plans and Specifications, Landlord’s review being for Landlord’s own purposes, irrespective of whether the Plans and Specifications are prepared by Landlord’s Architect or Tenant’s Architect. Tenant shall rely solely on the advice and experience of Tenant’s Architect or Landlord’s Architect with respect to the Plans and Specifications in assuring the accuracy and sufficiency of the Plans and Specifications for Tenant’s purposes. The fees of Tenant’s Architect or Landlord’s Architect in preparing the Plans and Specifications shall be a Cost of Tenant Improvements (as hereinafter defined).