Common use of Plans and Specifications Clause in Contracts

Plans and Specifications. 3.1. Tenant shall employ consultants, including but not limited to the proposed architect for the New Expansion (the “Consultants”), designated by Tenant for the preparation of the necessary architectural, mechanical and electrical plans, drawings, construction schedule, and specifications pertaining to the New Expansion, provided, however, that all such Consultants shall be subject to the advance written approval of Landlord, not unreasonably withheld, conditioned, or delayed. Tenant shall furnish Landlord with architectural and design plans and specifications (the “Tenant’s Plans”) prepared first in preliminary form (the “Preliminary Plans”), and thereafter in working form (the “Working Drawings”), which shall cover, describe and depict the New Expansion. All Tenant’s Plans shall meet the requirements set forth in Schedule I attached hereto. 3.2. Upon submission of the Tenant’s Plans for the New Expansion, Landlord shall review the Tenant’s Plans and shall either approve the Tenant’s Plans or advise Tenant in writing of any aspect of the design, engineering, construction or installation which is not acceptable to Landlord. Landlord shall advise Tenant of its approval or comments on the Tenant’s Plans within fifteen (15) days after L▇▇▇▇▇▇▇’s receipt of the Tenant’s Plans. In the event that Landlord shall disapprove of any portion of the Tenant’s Plans, Tenant shall have seven (7) days after Landlord’s notification of its disapproval to revise the Tenant’s Plans and resubmit them to Landlord, and Landlord shall thereafter have ten (10) to review and either approve or disapprove such revised Tenant’s Plans. In the event Landlord fails to approve or disapprove the Tenant’s Plans or any changes thereto within the time period set forth above, then such items shall be deemed not approved. 3.3. After approval of the Tenant’s Plans or any portion thereof, Tenant shall not in any way modify, revise or change the approved Tenant’s Plans without the prior written consent of Landlord, which shall not be unreasonably withheld, conditioned or delayed. If Landlord approves such request, the entire cost of such change, including the cost of revising the Tenant’s Plans or preparing new plans, shall be borne by Tenant. 3.4. It shall be Tenant’s sole responsibility that the Tenant’s Plans and construction of the New Expansion comply with all applicable laws and governmental requirements, and all covenants, conditions, and restrictions of record affecting the Premises, and to procure and deliver to Landlord, upon request, all such licenses, permits and approvals from all governmental authorities and/or third parties as are necessary to permit the New Expansion to be commenced, continued to completion, and later occupied. Notwithstanding anything to the contrary contained 119468.000201 4888-8619-0636.9 DocuSign Envelope ID: BA370BF0-6559-47BF-93FD-5271BD02FEF9 herein or in the Lease, prior to Tenant’s commencement and completion of the New Expansion, Tenant acknowledges and agrees that Berkeley County, South Carolina requires Landlord, on behalf of Tenant, to execute, submit, and record with the Berkeley County, South Carolina Office of the Register of Deeds a certain Covenants for Permanent Maintenance of Stormwater Systems (“Stormwater Covenants”) to ensure the New Expansion’s compliance with Berkeley County’s stormwater management program. Pursuant to and in accordance with the terms and provisions of Section 1.1(c), Section 2.2(e), and all other applicable provisions of the Lease, Tenant acknowledges and agrees that Landlord has provided timely advance written notice to Tenant, and a copy of the proposed Stormwater Covenants, regarding L▇▇▇▇▇▇▇’s intent to execute and record said Stormwater Covenants, and by its execution hereof Tenant hereby consents to L▇▇▇▇▇▇▇’s execution and recordation of the Stormwater Covenants with the Berkeley County, South Carolina Office of the Register of Deeds.

Appears in 1 contract

Sources: Lease Agreement (Thorne Healthtech, Inc.)

Plans and Specifications. 3.1. Tenant shall employ consultantsOther than Landlord's Work, including but not limited all work in and to the proposed architect Premises that shall be necessary or desirable in order to prepare the same for Tenant's use and occupancy ("TENANT'S WORK") shall be performed by Tenant at its sole cost and expense (except to the extent that all or a portion of the same is to be reimbursed to Tenant through the Landlord Contribution as and when hereinafter provided). Within thirty (30) days after the latest to occur of: (a) the Commencement Date; (b) the date upon which Landlord delivers to Tenant a complete set of plans for the New Expansion (Building, showing the “Consultants”), designated by Tenant for Premises as the preparation of same will be constituted after the necessary architectural, mechanical and electrical plans, drawings, construction schedule, and specifications pertaining to the New Expansion, provided, however, that all such Consultants shall be subject to the advance written approval completion of Landlord's Work, not unreasonably withheld, conditioned, or delayed. Tenant shall furnish Landlord with architectural in form and design having content sufficient to permit Tenant's architect to begin to prepare its preliminary plans and specifications for Tenant's Work based thereon; and (c) the date upon which Tenant receives a signed, original copy of the Asbestos Certificate, Tenant shall prepare or cause to be prepared preliminary plans and specifications for Tenant’s Plans”'s Work and shall submit the same to Landlord for approval, such approval not to be unreasonably withheld. Landlord shall have a period of fifteen (15) prepared first in preliminary form (the “Preliminary Plans”), days within which to either approve such plans and thereafter in working form (the “Working Drawings”), which shall cover, describe and depict the New Expansionspecifications or to make comments or changes thereon. All If Landlord does not respond to Tenant’s Plans shall meet the requirements set forth in Schedule I attached hereto. 3.2. Upon 's submission of the Tenant’s Plans for the New Expansionplans and specifications within such fifteen (15)-day period, Landlord shall review be deemed to have approved the same. Within sixty (60) days after Landlord's approval of Tenant’s Plans 's preliminary plans, Tenant shall prepare and shall either approve the Tenant’s Plans or advise Tenant in writing of any aspect of the design, engineering, construction or installation which is not acceptable submit to Landlord. Landlord shall advise Tenant of for its approval or comments on the (not to be unreasonably withheld) final plans and specifications for Tenant’s Plans 's Work. If Landlord does not respond to Tenant's submission of final plans and specifications within fifteen (15) days after L▇▇▇▇▇▇▇’s receipt of the Tenant’s Plans. In the event that Landlord shall disapprove of any portion of the Tenant’s Plans, Tenant shall they have seven (7) days after Landlord’s notification of its disapproval to revise the Tenant’s Plans and resubmit them been provided to Landlord, and Landlord shall thereafter be deemed to have ten (10) to review and either approve or disapprove such revised Tenant’s Plansapproved the same. In the event Landlord fails disapproves any submission of Tenant pursuant to approve or disapprove the Tenant’s Plans or any changes thereto terms hereof, Landlord shall simultaneously with such disapproval give Tenant detailed reasons therefor and the parties shall diligently attempt to resolve all outstanding matters as soon as possible, PROVIDED, HOWEVER, that in the event the parties are unable to agree upon same within one hundred twenty (120) days after the time period set forth above, then such items shall be deemed not approved. 3.3. After approval of the Tenant’s Plans or any portion thereof, Tenant shall not in any way modify, revise or change the approved Tenant’s Plans without the prior written consent of Landlord, which shall not be unreasonably withheld, conditioned or delayed. If Landlord approves such request, the entire cost commencement of such changedispute, including either party shall have the cost of revising the Tenant’s Plans or preparing new plans, shall be borne by Tenant. 3.4. It shall be Tenant’s sole responsibility that the Tenant’s Plans and construction of the New Expansion comply with all applicable laws and governmental requirements, and all covenants, conditions, and restrictions of record affecting the Premises, and to procure and deliver to Landlordright, upon request, all such licenses, permits and approvals from all governmental authorities and/or third parties as are necessary to permit the New Expansion to be commenced, continued to completion, and later occupied. Notwithstanding anything notice to the contrary contained 119468.000201 4888-8619-0636.9 DocuSign Envelope ID: BA370BF0-6559-47BF-93FD-5271BD02FEF9 herein or in other, to terminate the Lease, prior and neither party shall thereafter have any further obligation or liability to Tenant’s commencement the other. The final plans and completion of the New Expansionspecifications, Tenant acknowledges and agrees that Berkeley County, South Carolina requires when approved by Landlord, on behalf of Tenant, are referred to execute, submit, and record with in this Lease as the Berkeley County, South Carolina Office of the Register of Deeds a certain Covenants for Permanent Maintenance of Stormwater Systems (“Stormwater Covenants”) to ensure the New Expansion’s compliance with Berkeley County’s stormwater management program. Pursuant to and in accordance with the terms and provisions of Section 1.1(c), Section 2.2(e), and all other applicable provisions of the Lease, Tenant acknowledges and agrees that Landlord has provided timely advance written notice to Tenant, and a copy of the proposed Stormwater Covenants, regarding L▇▇▇▇▇▇▇’s intent to execute and record said Stormwater Covenants, and by its execution hereof Tenant hereby consents to L▇▇▇▇▇▇▇’s execution and recordation of the Stormwater Covenants with the Berkeley County, South Carolina Office of the Register of Deeds"FINAL PLANS."

Appears in 1 contract

Sources: Lease Agreement (Murray Income Properties Ii LTD)

Plans and Specifications. 3.1. Tenant shall employ consultants, including but not limited to cause the proposed architect for construction of tenant improvements within the New Expansion Space (the “Consultants”"Tenant Improvements"), designated by all in accordance with the provisions set forth below. Within five (5) days after its execution of the Amendment, Tenant for shall deliver to Landlord preliminary plans ("Preliminary Plans"), to be utilized in the preparation of the necessary architectural, mechanical and electrical plans, drawings, construction schedule, final working drawings and specifications pertaining for the Tenant Improvements. Promptly (but in no event less than five (5) business days) after its receipt of the Preliminary Plans, Landlord shall return the same to the New ExpansionTenant marked and accompanied by comments and Landlord's required revisions. Within five (5) days thereafter, providedTenant shall submit two (2) sets of revised Preliminary Plans, howeverrevised to reflect and conform to Landlord's comments and requirements, that all such Consultants shall be subject to the advance written Landlord for its final review and approval. Within five (5) days following Landlord's approval of Landlordthe Preliminary Plans, not unreasonably withheld, conditioned, or delayed. Tenant shall furnish Landlord with architectural cause its architect to prepare and design plans submit two (2) copies of working drawings and specifications (the “Tenant’s "Working Plans") prepared first in preliminary form (the “Preliminary Plans”), to Landlord for its review and thereafter in working form (the “Working Drawings”), which shall cover, describe and depict the New Expansion. All Tenant’s Plans shall meet the requirements set forth in Schedule I attached hereto. 3.2. Upon submission of the Tenant’s Plans for the New Expansion, Landlord shall review the Tenant’s Plans and shall either approve the Tenant’s Plans or advise Tenant in writing of any aspect of the design, engineering, construction or installation which is not acceptable to Landlordapproval. Landlord shall advise Tenant of its approval or comments on the Tenant’s Plans within fifteen (15) days promptly after L▇▇▇▇▇▇▇’s Landlord's receipt of the Tenant’s Plans. In the event that Landlord shall disapprove Working Plans of any portion of the Tenant’s Plansrequired revisions. Within five (5) days thereafter, Tenant shall have seven submit two (72) days after Landlord’s notification copies of the revised Working Plans to Landlord for its disapproval to revise the Tenant’s Plans and resubmit them to Landlord, and Landlord shall thereafter have ten (10) to final review and either approve or disapprove such revised Tenant’s Plansapproval. In Concurrently with the event Landlord fails to approve or disapprove the Tenant’s Plans or any changes thereto within the time period set forth above, then such items shall be deemed not approved. 3.3. After above review and approval of the Tenant’s Plans or any portion thereofprocess, Tenant shall not in any way modify, revise or change submit all plans and specifications to the approved Tenant’s Plans without the prior written consent City of Landlord, which shall not be unreasonably withheld, conditioned or delayed. If Landlord approves such request, the entire cost Cupertino ("City") and other applicable governmental agencies to obtain governmental approvals and issuance of such change, including the cost of revising the Tenant’s Plans or preparing new plans, shall be borne by Tenant. 3.4. It shall be Tenant’s sole responsibility that the Tenant’s Plans and construction of the New Expansion comply with all applicable laws and governmental requirements, and all covenants, conditions, and restrictions of record affecting the Premises, and to procure and deliver to Landlord, upon request, all such licenses, necessary permits and approvals from all governmental authorities and/or third parties licenses to construct the Tenant Improvements as are necessary to permit shown on the New Expansion to be commenced, continued to completion, and later occupied. Notwithstanding anything to the contrary contained 119468.000201 4888-8619-0636.9 DocuSign Envelope ID: BA370BF0-6559-47BF-93FD-5271BD02FEF9 herein or in the Lease, prior to Tenant’s commencement and completion of the New Expansion, Tenant acknowledges and agrees that Berkeley County, South Carolina requires Landlord, on behalf of Tenant, to execute, submit, and record with the Berkeley County, South Carolina Office of the Register of Deeds a certain Covenants for Permanent Maintenance of Stormwater Systems (“Stormwater Covenants”) to ensure the New Expansion’s compliance with Berkeley County’s stormwater management program. Pursuant to and in accordance with the terms and provisions of Section 1.1(c), Section 2.2(e), and all other applicable provisions of the Lease, Tenant acknowledges and agrees that Landlord has provided timely advance written notice to Tenant, and a copy of the proposed Stormwater Covenants, regarding L▇▇▇▇▇▇▇’s intent to execute and record said Stormwater Covenants, and by its execution hereof Tenant hereby consents to L▇▇▇▇▇▇▇’s execution and recordation of the Stormwater Covenants with the Berkeley County, South Carolina Office of the Register of DeedsWorking Plans.

Appears in 1 contract

Sources: Lease (Seagate Software Inc)

Plans and Specifications. 3.1. At any time during the term of the Lease with respect to the Expansion Space, Tenant shall employ consultants, including but not limited prepare and deliver to the proposed architect for the New Expansion (the “Consultants”), designated by Tenant for the preparation of the necessary architectural, mechanical and electrical plans, drawings, construction schedule, and specifications pertaining to the New Expansion, provided, however, that all such Consultants shall be subject to the advance written approval of Landlord, not unreasonably withheld, conditioned, or delayed. Tenant shall furnish Landlord with architectural and design preliminary plans and specifications for the Expansion Space TIs to be constructed by Landlord in the Expansion Space (the “Tenant’s Plans”) prepared first in preliminary form (the “"Preliminary Plans"), and thereafter in working form . Within fifteen (the “Working Drawings”), which shall cover, describe and depict the New Expansion. All Tenant’s Plans shall meet the requirements set forth in Schedule I attached hereto. 3.2. Upon submission 15) days following delivery of the Tenant’s Plans for the New ExpansionPreliminary Plans, Landlord shall review the Tenant’s Plans and shall either approve the Tenant’s such Preliminary Plans or advise deliver to Tenant in writing of any aspect of the design, engineering, construction or installation which is not acceptable Landlord's objections to Landlordsuch Preliminary Plans. Landlord shall advise not unreasonably withhold its approval of the Preliminary Plans. If Landlord disapproves the Preliminary Plans, then the parties shall confer and negotiate in good faith to reach agreement on the Preliminary Plans. As soon as the Preliminary Plans are approved by Landlord and Tenant, and within thirty (30) days thereafter, Tenant shall prepare final plans, specifications and working drawings for the Expansion Space TIs ("Final Plans") that are consistent with and are logical evolutions of the Preliminary Plans approved by the parties and shall deliver the same to Landlord for its approval, which approval shall not be unreasonably withheld. If Tenant's Preliminary Plans or Final Plans show work requiring a modification or change to the Building shell, Landlord shall not be deemed unreasonable if it disapproves such Preliminary Plans or Final Plans, or if it conditions its consent to such Preliminary Plans or Final Plans upon Tenant paying to Landlord, prior to the commencement of construction of the Expansion Space TIs, the full cost of modifying or changing the Building shall as required by such Preliminary Plans or Final Plans. If Landlord disapproves the Final Plans, Landlord shall notify Tenant of its approval or comments on the Tenant’s Plans Landlord's objections within fifteen (15) days after L▇▇▇▇▇▇▇’s receipt of thereof. If Landlord disapproves the Tenant’s Plans. In the event that Landlord shall disapprove of any portion of the Tenant’s Final Plans, the parties shall confer and negotiate in good faith to reach agreement on such disapproved items. As soon as Landlord and Tenant agree upon the Final Plans, a representative of each shall sign the same. Once the Final Plans have been finally approved by Landlord and Tenant, neither Landlord nor Tenant shall have seven (7) days after Landlord’s notification of its disapproval the right to revise order extra work or change orders with respect to the Tenant’s Plans and resubmit them to Landlord, and Landlord shall thereafter have ten (10) to review and either approve or disapprove such revised Tenant’s Plans. In the event Landlord fails to approve or disapprove the Tenant’s Plans or any changes thereto within the time period set forth above, then such items shall be deemed not approved. 3.3. After approval construction of the Tenant’s Plans or any portion thereof, Tenant shall not in any way modify, revise or change the approved Tenant’s Plans Expansion Space TIs without the prior written consent of Landlordthe other, which consent shall not be unreasonably withheld, conditioned withheld or delayed. If All extra work or change orders requested by either Landlord approves such request, the entire cost of such change, including the cost of revising the Tenant’s Plans or preparing new plansTenant shall be made in writing, shall be borne by Tenant. 3.4. It specify the amount of delay or time saved resulting therefrom, and shall be Tenant’s sole responsibility that the Tenant’s Plans become effective and construction a part of the New Expansion comply with all applicable laws and governmental requirements, and all covenants, conditions, and restrictions of record affecting the Premises, and Final Plans once approved in writing by both parties. Landlord agrees to procure and deliver to Landlord, upon request, all submit such licenses, permits and approvals from all governmental authorities and/or third parties as are necessary to permit the New Expansion to be commenced, continued to completion, and later occupied. Notwithstanding anything Final Plans to the contrary contained 119468.000201 4888-8619-0636.9 DocuSign Envelope ID: BA370BF0-6559-47BF-93FD-5271BD02FEF9 herein or in the Lease, prior to Tenant’s commencement and completion applicable governmental authority for its approval immediately following approval of the New Expansion, Tenant acknowledges and agrees that Berkeley County, South Carolina requires Landlord, on behalf of Tenant, to execute, submit, and record with same by the Berkeley County, South Carolina Office of the Register of Deeds a certain Covenants for Permanent Maintenance of Stormwater Systems (“Stormwater Covenants”) to ensure the New Expansion’s compliance with Berkeley County’s stormwater management program. Pursuant to and in accordance with the terms and provisions of Section 1.1(c), Section 2.2(e), and all other applicable provisions of the Lease, Tenant acknowledges and agrees that Landlord has provided timely advance written notice to Tenant, and a copy of the proposed Stormwater Covenants, regarding L▇▇▇▇▇▇▇’s intent to execute and record said Stormwater Covenants, and by its execution hereof Tenant hereby consents to L▇▇▇▇▇▇▇’s execution and recordation of the Stormwater Covenants with the Berkeley County, South Carolina Office of the Register of Deedsparties hereto.

Appears in 1 contract

Sources: Standard Office Lease (Netgear Inc)

Plans and Specifications. 3.1. (A) Within ninety (90) days after Lease Commencement Date, Tenant shall employ consultantssubmit to Landlord, including but not limited for Landlord's written approval the following items (hereinafter collectively referred to as "Required Items"): 1. Complete detailed drawings and specifications in sufficient detail for Tenant to obtain all necessary building permits (hereinafter collectively referred to as "Plans") for all the work to be done by Tenant to the proposed architect Leased Premises. Each of Tenant's Plans submissions shall include two sets of full-size construction drawings and specifications, as well as one set of computerized construction drawings saved on a CD ROM in .DWG or .DXF file format. 2. A contractor's "Payment and Performance Bond" in favor of Landlord as obligee, in form approved by Landlord, issued by a surety company satisfactory to Landlord, guaranteeing completion of Tenant's work In accordance with the Plans free of liens and security agreements. 3. A comprehensive general liability insurance policy from ▇▇▇▇▇▇'s contractor's insurer (with a rating of not less than A-8) naming Landlord as additional insured for at least $3,000,000 combined single limit for bodily Injury and property damage and contractor's Workers' Compensation and Occupational Disease insurance with statutory limits and employer's liability with a limit of at least $1,000,000. 4. The general contractor's written indemnity agreement in the New Expansion (form attached hereto as Exhibit "B-1" that the “Consultants”)contractor shall Indemnify, designated by Tenant defend, save and hold harmless Landlord, its mortgagee, agents, employees and assigns, from all liabilities, claims, losses, liens, damages and suits of whatsoever nature for the preparation personal injury, death or property damage alleged to arise out of the necessary architecturalwork performed under the contract, mechanical and electrical plans, drawings, construction schedulewhether by contractor or by any subcontractor, and specifications pertaining whether asserted against Landlord or contractor. (B) Landlord shall inform Tenant of any objections to the New Expansion, provided, however, that Required Items within thirty (30) days after receipt of all such Consultants shall be subject Items. If Tenant fails to the advance written approval of Landlord, not unreasonably withheld, conditioned, or delayed. Tenant shall furnish Landlord with architectural and design plans and specifications (the “Tenant’s Plans”) prepared first in preliminary form (the “Preliminary Plans”), and thereafter in working form (the “Working Drawings”), which shall cover, describe and depict the New Expansion. All Tenant’s Plans shall meet the requirements set forth in Schedule I attached hereto. 3.2. Upon submission deliver any of the Tenant’s Plans for Required Items timely, then Landlord shall have the New Expansionright to terminate this Lease. Furthermore, Landlord shall have no obligation to review Tenant's Plans unless and until Landlord is in receipt of all Required Items. Tenant, within thirty (30) days of receiving Landlord's objections to the Tenant’s Plans and Required Items, shall either approve the Tenant’s Plans or advise Tenant in writing of any aspect of the designdeliver to Landlord corrected Required Items, engineering, construction or installation which is not acceptable to Landlord. Landlord shall advise Tenant of its approval accept or comments on reject within the Tenant’s Plans within next fifteen (15) days after Ldays. (C) Tenant must obtain ▇▇▇▇▇▇▇’s receipt ▇'s written approval of the Tenant’s Plans. In the event that Landlord shall disapprove of all Required Items prior to commencing any portion of the Tenant’s Plans, Tenant shall have seven (7) days after Landlord’s notification of its disapproval to revise work at the Tenant’s Plans and resubmit them to Landlord, and Landlord shall thereafter have ten (10) to review and either approve or disapprove such revised Tenant’s PlansLeased Premises. In the event Landlord fails to approve or disapprove the Tenant’s Plans or any changes thereto within the time period set forth above, then such items shall be deemed not approved. 3.3. After approval of the Tenant’s Plans or any portion thereof, Tenant shall not in any way modify, revise or change the approved Tenant’s Plans without the prior written consent of Landlord, which shall not be unreasonably withheld, conditioned or delayed. If Landlord approves such request, the entire cost of such change, including the cost of revising the Tenant’s Plans or preparing new plans, shall be borne by Tenant. 3.4. It shall be Tenant’s sole responsibility that the Tenant’s Plans and construction of the New Expansion comply with all applicable laws and governmental requirements, and all covenants, conditions, and restrictions of record affecting the Premises, and to procure and deliver to Landlord, upon request, all such licenses, permits and approvals from all governmental authorities and/or third parties as are necessary to permit the New Expansion to be commenced, continued to completion, and later occupied. Notwithstanding anything to the contrary contained 119468.000201 4888-8619-0636.9 DocuSign Envelope ID: BA370BF0-6559-47BF-93FD-5271BD02FEF9 herein or in the Lease, prior to Tenant’s commencement and completion of the New Expansion, Tenant acknowledges and agrees that Berkeley County, South Carolina requires Landlord, on behalf of Tenant, to execute, submit, and record with the Berkeley County, South Carolina Office of the Register of Deeds a certain Covenants for Permanent Maintenance of Stormwater Systems (“Stormwater Covenants”) to ensure the New Expansion’s compliance with Berkeley County’s stormwater management program. Pursuant to and in accordance with the terms and provisions of Section 1.1(c), Section 2.2(e), and all other applicable provisions of the Lease, Tenant acknowledges and agrees that Landlord has provided timely advance written notice to Tenant, and a copy of the proposed Stormwater Covenants, regarding L▇▇▇▇▇▇▇’s intent ▇'s approval of ▇▇▇▇▇▇'s Plans shall not constitute an affirmation by Landlord that they conform to execute law or impose any liability on Landlord. Upon Landlord's approval of the Required Items Tenant shall immediately apply for all permits necessary for its work. After the permits are issued and record said Stormwater Covenants, and by its execution hereof Tenant hereby consents to L▇▇▇▇▇▇▇’s execution ▇ has completed the work, if any, that it has specifically agreed in this Lease to do, Tenant shall promptly commence and recordation complete Tenant's work in conformity with the Plans, building department requirements and all relevant laws and regulations. (D) Tenant shall comply with all legal requirements during its work and, when completed, ▇▇▇▇▇▇'s work must comply with all laws, ordinances, regulations or orders of public authority, and with the requirements of the Stormwater Covenants appropriate Fire Insurance Rating Organization and Landlord's insurance company. Prior to opening for business, Tenant shall obtain and deliver to Landlord: (a) ▇▇▇▇▇▇'s affidavit that all work, labor and materials have been paid for, (b) final lien waivers, as well as paid invoices or statements, from all contractors and subcontractors who performed work at the Leased Premises and all materialmen and suppliers who provided materials and/or equipment used in connection with ▇▇▇▇▇▇'s work at the Leased Premises, and (c) a copy of the certificate of occupancy (or its local equivalent) for the Leased Premises. If a temporary Certificate of Occupancy is issued, Tenant shall deliver a copy of that document to Landlord and then, upon issuance of a permanent Certificate of Occupancy, immediately forward a copy of it to Landlord. (E) If Landlord or its representative inspects the Leased Premises and determines that ▇▇▇▇▇▇'s work is not being done in accordance with the Berkeley Countyapproved Plans, South Carolina Office Tenant shall correct any deficiencies or omissions immediately. (F) Tenant shall not permit any mechanic's or other lien to be filed either against the Leased Premises or the Shopping Center or Tenant's leasehold interest by reason of work, labor, services or materials supplied. If any lien is filed, Tenant shall, within ten (10) days after notice of the Register filing, cause it to be discharged of Deedsrecord, failing which Landlord, in addition to any other right or remedy, may (but shall not be obligated to) discharge such lien by deposit, bonding proceedings or by payment of the claimed amount for Tenant's account. Any amounts so paid, together with interest at the Default Interest Rate from the date of payment, shall be paid by Tenant to Landlord on demand as additional Rent. Nothing herein shall be construed as the consent or request of Landlord to any contractor, subcontractor, laborer or materialmen to perform work or furnish materials. Furthermore, nothing herein shall give Tenant the authority to contract for or permit the rendering of any service or furnishing of any material that could give rise to the filing of any lien. (G) Tenant shall require its general contractor to furnish to both Tenant and Landlord on completion of the work a guaranty, for a period of one (1) year from final completion of all work, that all work and materials will be free from all defects and that all apparatus (e.g., air-conditioning equipment) will develop capacities and characteristics specified in the approved Plans upon use, and that whenever within one (1) year of the final acceptance of the work, contractor Is notified in writing by either Landlord or Tenant that any equipment, material or workmanship is defective or in some way does not meet specifications, contractor shall immediately replace, repair or otherwise correct the defect or deficiency without cost to Landlord. (H) In the event ▇▇▇▇▇▇'s work involves the construction of a demising wall, ▇▇▇▇▇▇ shall physically indicate the proposed location of the demising wall on the floor of the Leased Premises, notify ▇▇▇▇▇▇▇▇'s architect that the location has been marked and that construction of the wall is about to begin, and give ▇▇▇▇▇▇▇▇'s architect a reasonable opportunity to come to the Leased Premises and inspect the proposed placement of the wall. (I) For any Tenant work that involves penetration of the roof surface, Tenant shall employ Landlord's roofing contractor, thereby ensuring that the roofing bond and/or warranty will remain in full force and effect, The maintenance of Tenant's roof work will be the sole responsibility of Tenant and shall include the repair of adjoining areas that might have been affected due to water penetration through Tenant's roof work. (J) In the event Tenant must obtain a zoning variance, waiver or other change in order to use the Leased Premises for the purposes described in Article 1(M), or for any work Tenant desires to perform at the Leased Premises, Tenant shall first obtain Landlord's written approval, not be unreasonably withheld or delayed, prior to seeking such a change. If ▇▇▇▇▇▇▇▇'s consent is given, ▇▇▇▇▇▇▇▇ agrees to cooperate with ▇▇▇▇▇▇ in such application and ▇▇▇▇▇▇ agrees to: (1) keep Landlord advised of all developments as they occur, (ii) provide Landlord with an opportunity to review all documents before they are filed, and (iii) give Landlord a reasonable amount of notice before any hearings are held so that Landlord's representative shall have an opportunity to attend. Tenant shall not be permitted to enter into any agreements that affect the use, access, or condition of the Shopping Center without first obtaining Landlord's written consent, and any attempt to do so shall constitute a default under the Lease.

Appears in 1 contract

Sources: Shopping Center Lease (BNL Financial Corp)

Plans and Specifications. 3.12.1. Landlord shall retain the services of the space planner/architect designated by Landlord (the “Space Planner”) to prepare a detailed space plan (the “Space Plan”) mutually satisfactory to Landlord and Tenant for the construction of the Tenant Improvements in the Premises. Tenant shall employ approve or disapprove the Space Plan and any proposed revisions thereto in writing within three (3) business days after receipt thereof, which approval shall not be unreasonably withheld. Additionally, all other consultants, including but not limited contractor/subcontractors retained by Landlord or Space Planner to perform services related to the proposed architect for the New Expansion (the “Consultants”), designated by Tenant for the preparation construction of the necessary architectural, mechanical and electrical plans, drawings, construction schedule, and specifications pertaining to the New Expansion, provided, however, that all such Consultants Tenant Improvements shall be subject to the advance written approval of Landlord, not unreasonably withheld, conditioned, or delayed. Tenant shall furnish Landlord with architectural and design plans and specifications (the “Tenant’s Plans”) prepared first in preliminary form (the “Preliminary Plans”), and thereafter in working form (the “Working Drawings”), which shall cover, describe and depict the New Expansion. All Tenant’s Plans shall meet the requirements set forth in Schedule I attached hereto. 3.2. Upon submission of the Tenant’s Plans for the New Expansion, Landlord shall review the Tenant’s Plans and shall either approve the Tenant’s Plans or advise Tenant in writing of any aspect of the design, engineering, construction or installation which is not acceptable to Landlord. Landlord shall advise Tenant of its approval or comments on the Tenant’s Plans within fifteen (15) days after L▇▇▇▇▇▇▇’s receipt of the Tenant’s Plans. In the event that Landlord shall disapprove of any portion of the Tenant’s Plans, Tenant shall have seven (7) days after Landlord’s notification of its disapproval to revise the Tenant’s Plans and resubmit them to Landlord, and Landlord shall thereafter have ten (10) to review and either approve or disapprove such revised Tenant’s Plans. In the event Landlord fails to approve or disapprove the Tenant’s Plans or any changes thereto within the time period set forth above, then such items shall be deemed not approved. 3.3. After approval of the Tenant’s Plans or any portion thereof, Tenant shall not in any way modify, revise or change the approved Tenant’s Plans without the prior written consent of Landlordapproval, which shall not be unreasonably withheld. 2.2. Based on the approved Space Plan, conditioned Landlord shall cause the Space Planner to prepare detailed plans, specifications and working drawings for the construction of the Tenant Improvements (the “Plans”). Landlord and Tenant shall diligently pursue the preparation of the Plans. Tenant shall approve or delayed. If Landlord approves such request, disapprove the entire cost of such changePlans and any proposed revisions thereto, including the estimated cost of revising the Tenant’s Tenant Improvements, in writing within three (3) business days after receipt thereof. If Tenant fails to approve or disapprove the Space Plan or Plans or preparing new plansany revisions thereto within the time limits specified herein, Tenant shall be borne by Tenant. 3.4deemed to have approved the same. It Landlord and Tenant shall use diligent efforts to cause the final Plans to be Tenant’s sole responsibility that prepared and approved no later than thirty (30) days after the Tenant’s Plans and construction execution of the New Expansion comply with all applicable laws Lease. Landlord and governmental requirements, Tenant shall use diligent efforts to prepare and all covenants, conditions, and restrictions of record affecting approve the Premises, and to procure and deliver to Landlord, upon request, all such licenses, permits and approvals from all governmental authorities and/or third parties as are necessary to permit the New Expansion to be commenced, continued to completion, and tenant improvement cost estimate no later occupied. Notwithstanding anything to the contrary contained 119468.000201 4888-8619-0636.9 DocuSign Envelope ID: BA370BF0-6559-47BF-93FD-5271BD02FEF9 herein or in the Lease, prior to Tenant’s commencement and than thirty (30) days after completion of the New Expansionfinal Plans. 2.3. Landlord shall obtain from Contractor, Tenant acknowledges and agrees that Berkeley County, South Carolina requires Landlord, on behalf cause Contractor to obtain from each subcontractor for the express benefit of Landlord and Tenant, to execute, submit, and record with a warranty that the Berkeley County, South Carolina Office of the Register of Deeds a certain Covenants for Permanent Maintenance of Stormwater Systems (“Stormwater Covenants”) to ensure the New Expansion’s compliance with Berkeley County’s stormwater management program. Pursuant to and Tenant Improvements have been constructed in accordance with the terms Plans and provisions of Section 1.1(c), Section 2.2(e)Applicable Laws, and all other applicable provisions in a good and workmanlike manner, and that they shall be free from defects in material and workmanship. Such warranty(ies) shall be effective for a minimum of one (1) year following completion of the LeaseTenant Improvements (collectively, the “Warranties”) and Landlord hereby assigns to Tenant acknowledges and agrees that Landlord has provided timely advance written notice to Tenantall Warranties, and a copy Tenant hereby waives all claims against Landlord relating to, or arising out of the proposed Stormwater Covenantsdesign or construction of, regarding L▇▇▇▇▇▇▇the Tenant Improvements. Landlord shall not be responsible for errors or omissions contained in the furniture layout design plan, verification of such furniture dimensions, compliance with applicable regulations, or installation of such furniture systems, all of which shall be the responsibility of Tenant’s intent to execute and record said Stormwater Covenants, and by its execution hereof Tenant hereby consents to L▇▇▇▇▇▇▇’s execution and recordation of the Stormwater Covenants with the Berkeley County, South Carolina Office of the Register of Deedsfurniture vendor.

Appears in 1 contract

Sources: Standard Lease Agreement (Office) (eHealth, Inc.)

Plans and Specifications. 3.1. Tenant shall employ consultants, including but not limited to the proposed architect will develop a space plan for the New Expansion Leased Premises that is reasonably acceptable to Landlord (the “ConsultantsSpace Plan”), designated by Tenant for the preparation of the necessary architectural, mechanical and electrical plans, drawings, construction schedule, and specifications pertaining to the New Expansion, provided, however, that all such Consultants shall be subject to the advance written approval of Landlord, not unreasonably withheld, conditioned, or delayed. Tenant shall furnish Landlord with architectural and design plans and specifications Within thirty (the “Tenant’s Plans”) prepared first in preliminary form (the “Preliminary Plans”), and thereafter in working form (the “Working Drawings”), which shall cover, describe and depict the New Expansion. All Tenant’s Plans shall meet the requirements set forth in Schedule I attached hereto. 3.2. Upon submission of the Tenant’s Plans for the New Expansion, Landlord shall review the Tenant’s Plans and shall either approve the Tenant’s Plans or advise Tenant in writing of any aspect of the design, engineering, construction or installation which is not acceptable to Landlord. Landlord shall advise Tenant of its approval or comments on the Tenant’s Plans within fifteen (1530) days after L▇▇▇▇▇▇▇’s receipt of the Tenant’s Plans. In the event that Space Plan, Landlord shall disapprove prepare and submit to Tenant a set of any portion of plans and specifications and/or construction drawings (the Tenant’s Plans, “Plans and Specifications”) covering all work to be performed by Landlord in constructing the leasehold improvements to the Leased Premises in accordance with the Space Plan (the “Tenant Improvements”). Tenant shall have seven five (75) business days after Landlord’s notification receipt of its disapproval the Plans and Specifications in which to revise review the Plans and Specifications and to give Landlord written notice of Tenant’s approval of the Plans and resubmit them Specifications or its requested changes to Landlordthe Plans and Specifications. Tenant shall have no right to request any leasehold improvements or any changes to the Plans and Specifications that would materially alter the Leased Premises, and Landlord shall thereafter have ten (10) to review and either approve the exterior appearance or disapprove such revised Tenant’s Plansbasic nature of the Building, or the Building systems. In the event Landlord If Tenant fails to approve or disapprove request changes to the Tenant’s Plans or any changes thereto and Specifications within five (5) business days after its receipt of the time period set forth abovePlans and Specifications, then such items Tenant shall be deemed not approved. 3.3to have approved the Plans and Specifications and the same shall thereupon be final. After approval If Tenant requests any changes to the Plans and Specifications, Landlord shall make those changes which are reasonably requested by Tenant and shall within five (5) business days of its receipt of such request submit the revised portion of the Plans and Specifications to Tenant’s . Tenant may not thereafter disapprove the revised portions of the Plans or any portion thereofand Specifications unless Landlord has unreasonably failed to incorporate reasonable comments of Tenant and, Tenant shall not in any way modify, revise or change subject to the approved Tenant’s Plans without the prior written consent of Landlord, which shall not be unreasonably withheld, conditioned or delayed. If Landlord approves such requestforegoing, the entire cost of such changePlans and Specifications, including the cost of revising the Tenant’s Plans or preparing new plansas modified by said revisions, shall be borne by deemed to be final upon the submission of said revisions to Tenant. 3.4. It Tenant shall be Tenant’s sole responsibility that at all times in its review of the Tenant’s Plans and construction of the New Expansion comply with all applicable laws and governmental requirementsSpecifications, and all covenantsof any revisions thereto, conditions, act reasonably and restrictions of record affecting the Premises, and in good faith. ▇▇▇▇▇▇ agrees to procure and deliver to Landlord, upon request, all such licenses, permits and approvals from all governmental authorities and/or third parties as are necessary to permit the New Expansion to be commenced, continued to completion, and later occupied. Notwithstanding anything confirm ▇▇▇▇▇▇’s consent to the contrary contained 119468.000201 4888-8619-0636.9 DocuSign Envelope ID: BA370BF0-6559-47BF-93FD-5271BD02FEF9 herein or Plans and Specifications in the Lease, prior to Tenant’s commencement and completion of the New Expansion, Tenant acknowledges and agrees that Berkeley County, South Carolina requires Landlord, on behalf of Tenant, to execute, submit, and record with the Berkeley County, South Carolina Office of the Register of Deeds a certain Covenants for Permanent Maintenance of Stormwater Systems writing within three (“Stormwater Covenants”3) to ensure the New Expansion’s compliance with Berkeley County’s stormwater management program. Pursuant to and in accordance with the terms and provisions of Section 1.1(c), Section 2.2(e), and all other applicable provisions of the Lease, Tenant acknowledges and agrees that Landlord has provided timely advance written notice to Tenant, and a copy of the proposed Stormwater Covenants, regarding Ldays following ▇▇▇▇▇▇▇▇’s intent to execute and record said Stormwater Covenants, and by its execution hereof Tenant hereby consents to L▇▇▇▇▇▇▇’s execution and recordation of the Stormwater Covenants with the Berkeley County, South Carolina Office of the Register of Deedswritten request therefor.

Appears in 1 contract

Sources: Office Lease (TRX Inc/Ga)

Plans and Specifications. 3.1. A. Landlord and Tenant shall employ consultants, including but not limited jointly retain the services of Devcon Construction Incorporated (the "SPACE PLANNER") to prepare a detailed space plan (the proposed architect "SPACE PLAN") mutually satisfactory to Landlord and Tenant for the New Expansion construction of the Tenant Improvements in the Premises. Landlord and Tenant shall approve or disapprove the Space Plan and any proposed revisions thereto in writing within three (3) business days after receipt thereof, which approval shall not be unreasonably withheld. B. Based on the approved Space Plan, Landlord and Tenant shall cause the Space Planner to prepare detailed plans, specifications and working drawings for the construction of the Tenant Improvements (the “Consultants”"PLANS"), designated by . Landlord and Tenant for shall diligently pursue the preparation of the necessary architectural, mechanical Plans. Landlord and electrical plans, drawings, construction schedule, and specifications pertaining to the New Expansion, provided, however, that all such Consultants shall be subject to the advance written approval of Landlord, not unreasonably withheld, conditioned, or delayed. Tenant shall furnish Landlord with architectural and design plans and specifications (the “Tenant’s Plans”) prepared first in preliminary form (the “Preliminary Plans”), and thereafter in working form (the “Working Drawings”), which shall cover, describe and depict the New Expansion. All Tenant’s Plans shall meet the requirements set forth in Schedule I attached hereto. 3.2. Upon submission of the Tenant’s Plans for the New Expansion, Landlord shall review the Tenant’s Plans and shall either approve the Tenant’s Plans or advise Tenant in writing of any aspect of the design, engineering, construction or installation which is not acceptable to Landlord. Landlord shall advise Tenant of its approval or comments on the Tenant’s Plans within fifteen (15) days after L▇▇▇▇▇▇▇’s receipt of the Tenant’s Plans. In the event that Landlord shall disapprove of any portion of the Tenant’s Plans, Tenant shall have seven (7) days after Landlord’s notification of its disapproval to revise the Tenant’s Plans and resubmit them to Landlord, and Landlord shall thereafter have ten (10) to review and either approve or disapprove such revised Tenant’s Plansthe Plans and any proposed revisions thereto, including the estimated cost of the Tenant Improvements, in writing within three (3) business days after receipt thereof. In the event If Landlord or Tenant fails to approve or disapprove the Tenant’s Space Plan or Plans or any changes revisions thereto within the time period set forth abovelimits specified herein, then such items Landlord or Tenant shall be deemed not approvedto have approved the same. Landlord and Tenant shall use diligent efforts to cause the final Plans and the cost estimate to be prepared and approved no later than thirty (30) days after the execution of the Lease. 3.3. After C. Notwithstanding Landlord's preparation, review and approval of the Tenant’s Space Plan and the Plans and any revisions thereto, Landlord shall have no responsibility or liability whatsoever for any portion thereoferrors or omissions contained in the Space Plan or Plans, or to verify dimensions or conditions, or for the quality, design or compliance with applicable Regulation of any improvements described therein or constructed in accordance therewith. Landlord hereby assigns to Tenant shall not in any way modifyall warranties and guarantees by the Space Planner or the contractor who constructs the Tenant Improvements relating to the Tenant Improvements, revise and Tenant hereby waives all claims against Landlord relating to, or change arising out of the approved Tenant’s Plans without the prior written consent of Landlord, which shall not be unreasonably withheld, conditioned design or delayed. If Landlord approves such requestconstruction of, the entire cost of such change, including the cost of revising the Tenant’s Plans or preparing new plans, shall be borne by TenantTenant Improvements. 3.4. It shall be Tenant’s sole responsibility that the Tenant’s Plans and construction of the New Expansion comply with all applicable laws and governmental requirements, and all covenants, conditions, and restrictions of record affecting the Premises, and to procure and deliver to Landlord, upon request, all such licenses, permits and approvals from all governmental authorities and/or third parties as are necessary to permit the New Expansion to be commenced, continued to completion, and later occupied. Notwithstanding anything to the contrary contained 119468.000201 4888-8619-0636.9 DocuSign Envelope ID: BA370BF0-6559-47BF-93FD-5271BD02FEF9 herein or in the Lease, prior to Tenant’s commencement and completion of the New Expansion, Tenant acknowledges and agrees that Berkeley County, South Carolina requires Landlord, on behalf of Tenant, to execute, submit, and record with the Berkeley County, South Carolina Office of the Register of Deeds a certain Covenants for Permanent Maintenance of Stormwater Systems (“Stormwater Covenants”) to ensure the New Expansion’s compliance with Berkeley County’s stormwater management program. Pursuant to and in accordance with the terms and provisions of Section 1.1(c), Section 2.2(e), and all other applicable provisions of the Lease, Tenant acknowledges and agrees that Landlord has provided timely advance written notice to Tenant, and a copy of the proposed Stormwater Covenants, regarding L▇▇▇▇▇▇▇’s intent to execute and record said Stormwater Covenants, and by its execution hereof Tenant hereby consents to L▇▇▇▇▇▇▇’s execution and recordation of the Stormwater Covenants with the Berkeley County, South Carolina Office of the Register of Deeds.

Appears in 1 contract

Sources: Sublease Agreement (Mp3 Com Inc)

Plans and Specifications. 3.1. Tenant 2.1 Subtenant shall employ consultantsretain the services of Ware & ▇alc▇▇▇ (▇▇e "SPACE PLANNER") to prepare a detailed space plan (the "SPACE PLAN") mutually satisfactory to Landlord, including but not limited to the proposed architect Sublandlord and Subtenant for the New Expansion construction of the Tenant Improvements in the Sublease Premises. Subtenant shall submit the Space Plan and any proposed revisions thereto to Landlord and Sublandlord for their approval. 2.2 Based on the approved Space Plan, Subtenant shall cause the Space Planner to prepare detailed plans, specifications and working drawings mutually satisfactory to Landlord, Sublandlord and Subtenant for the construction of the Tenant Improvements (the “Consultants”)"PLANS") no later than thirty (30) days after full execution of the Sublease Agreement. Landlord, designated by Tenant for Sublandlord and Subtenant shall diligently pursue the preparation of the Plans and any proposed revisions thereto, including the estimated cost of the Tenant Improvements. All necessary architecturalrevisions to the Space Plan and the Plans shall be made within three (3) business days after Landlord's and Sublandlord's response thereto, mechanical until Landlord and electrical plans, drawingsSublandlord ultimately approve the Space Plan and Plans. 2.3 Subtenant shall be responsible for ensuring that the Plans are compatible with the design, construction scheduleand equipment of the Building, comply with applicable Regulations and specifications pertaining to the New Expansion, provided, however, that all such Consultants shall be subject to the advance written approval of Landlord, not unreasonably withheld, conditioned, or delayed. Tenant shall furnish Landlord with architectural and design plans and specifications Standards (the “Tenant’s Plans”) prepared first in preliminary form (the “Preliminary Plans”defined below), and thereafter in working form (the “Working Drawings”)contain all such information as may be required to show locations, which shall covertypes and requirements for all heat loads, describe people loads, floor loads, power and depict the New Expansionplumbing, regular and special HVAC needs, telephone communications, telephone and electrical outlets, lighting, light fixtures and related power, and electrical and telephone switches, B.T.U. calculations, electrical requirements and special receptacle requirements. All Tenant’s The Plans shall meet the requirements set forth in Schedule I attached hereto. 3.2. Upon submission of the Tenant’s Plans for the New Expansionalso include mechanical, Landlord shall review the Tenant’s Plans electrical, plumbing, structural and shall either approve the Tenant’s Plans or advise Tenant in writing of any aspect of the design, engineering, construction or installation which is not acceptable to Landlord. Landlord shall advise Tenant of its approval or comments on the Tenant’s Plans within fifteen (15) days after L▇▇▇▇▇▇▇’s receipt of the Tenant’s Plans. In the event that Landlord shall disapprove of any portion of the Tenant’s Plans, Tenant shall have seven (7) days after Landlord’s notification of its disapproval to revise the Tenant’s Plans and resubmit them engineering drawings mutually satisfactory to Landlord, Sublandlord and Landlord shall thereafter have ten (10) to Subtenant. Notwithstanding Landlord's and Sublandlord's preparation, review and either approve approval of the Space Plan and the Plans and any revisions thereto, Landlord and Sublandlord shall have no responsibility or disapprove such revised Tenant’s Plansliability whatsoever for any errors or omissions contained in the Space Plan or Plans or any revisions thereto, or to verify dimensions or conditions, or for the quality, design or compliance with applicable Regulations of any improvements described therein or constructed in accordance therewith. In Subtenant hereby waives all claims against Landlord and Sublandlord relating to, or arising out of the event design or construction of, the Tenant Improvements. 2.4 Landlord fails to and/or Sublandlord shall approve or disapprove the Tenant’s Space Plan or Plans or any changes proposed revision thereto submitted to Landlord and Sublandlord in Landlord's and Sublandlord's reasonable discretion, provided that Landlord and Sublandlord shall not unreasonably withhold such approval. Landlord and Sublandlord shall approve or disapprove any Space Plan, Plans or proposed revisions thereto submitted to Landlord and Sublandlord for Landlord's and Sublandlord's approval within the time period set forth abovethree (3) business days after Landlord's and Sublandlord's receipt thereof. If Landlord or Sublandlord has not approved or disapproved in writing any Space Plan, then such items Plans, or proposed revisions thereto submitted to Landlord and Sublandlord within five (5) business days after Landlord's and Sublandlord's receipt thereof, Landlord and Sublandlord shall be deemed not approvedto have approved the same. 3.3. After approval of the Tenant’s Plans or any portion thereof, Tenant shall not in any way modify, revise or change the approved Tenant’s Plans without the prior written consent of Landlord, which shall not be unreasonably withheld, conditioned or delayed. If Landlord approves such request, the entire cost of such change, including the cost of revising the Tenant’s Plans or preparing new plans, shall be borne by Tenant. 3.4. It shall be Tenant’s sole responsibility that the Tenant’s Plans and construction of the New Expansion comply with all applicable laws and governmental requirements, and all covenants, conditions, and restrictions of record affecting the Premises, and to procure and deliver to Landlord, upon request, all such licenses, permits and approvals from all governmental authorities and/or third parties as are necessary to permit the New Expansion to be commenced, continued to completion, and later occupied. Notwithstanding anything to the contrary contained 119468.000201 4888-8619-0636.9 DocuSign Envelope ID: BA370BF0-6559-47BF-93FD-5271BD02FEF9 herein or in the Lease, prior to Tenant’s commencement and completion of the New Expansion, Tenant acknowledges and agrees that Berkeley County, South Carolina requires Landlord, on behalf of Tenant, to execute, submit, and record with the Berkeley County, South Carolina Office of the Register of Deeds a certain Covenants for Permanent Maintenance of Stormwater Systems (“Stormwater Covenants”) to ensure the New Expansion’s compliance with Berkeley County’s stormwater management program. Pursuant to and in accordance with the terms and provisions of Section 1.1(c), Section 2.2(e), and all other applicable provisions of the Lease, Tenant acknowledges and agrees that Landlord has provided timely advance written notice to Tenant, and a copy of the proposed Stormwater Covenants, regarding L▇▇▇▇▇▇▇’s intent to execute and record said Stormwater Covenants, and by its execution hereof Tenant hereby consents to L▇▇▇▇▇▇▇’s execution and recordation of the Stormwater Covenants with the Berkeley County, South Carolina Office of the Register of Deeds.

Appears in 1 contract

Sources: Consent to Sublease Agreement (Intuit Inc)

Plans and Specifications. 3.1. Tenant Ground Lessee agrees to submit its proposed Site Plan, with related construction plans and specifications, to Ground Lessor for Ground Lessor’s review and approval, which approval shall employ consultants, including but not limited to the proposed architect for the New Expansion (the “Consultants”), designated by Tenant for the preparation of the necessary architectural, mechanical and electrical plans, drawings, construction schedule, and specifications pertaining to the New Expansion, provided, however, that all such Consultants shall be subject to the advance written approval of Landlord, not unreasonably withheld, conditioneddelayed, or delayedconditioned. Tenant Ground Lessor shall furnish Landlord with architectural and design plans and specifications (the “Tenant’s Plans”) prepared first in preliminary form (the “Preliminary Plans”), and thereafter in working form (the “Working Drawings”), which shall cover, describe and depict the New Expansion. All Tenant’s Plans shall meet the requirements set forth in Schedule I attached hereto. 3.2. Upon submission of the Tenant’s Plans for the New Expansion, Landlord shall review the Tenant’s Plans and shall either approve the Tenant’s Plans or advise Tenant in writing of any aspect of the design, engineering, construction or installation which is not acceptable to Landlord. Landlord shall advise Tenant of its approval or comments on the Tenant’s Plans within have fifteen (15) days after L▇▇▇▇▇▇▇’s receipt of the Tenant’s Plans. In the event that Landlord shall disapprove of any portion of the Tenant’s Plans, Tenant shall have seven (7) days after Landlord’s notification of its disapproval to revise the Tenant’s Plans and resubmit them to Landlord, and Landlord shall thereafter have ten (10) Site Plan in which to review the Site Plan and either approve or disapprove such revised Tenantto give Ground Lessee notice of Ground Lessor’s Plans. In the event Landlord fails to approve or disapprove the Tenant’s Plans or any changes thereto within the time period set forth above, then such items shall be deemed not approved. 3.3. After approval of the Tenant’s Plans or any portion thereof, Tenant shall not in any way modify, revise or change the approved Tenant’s Plans without the prior written consent of Landlord, Site Plan (which approval shall not be unreasonably withheld, conditioned or delayed) or its requested reasonable changes to the Site Plan; provided, that, upon notice to Ground Lessee, Ground Lessor may extent such fifteen (15) day period for an additional ten (10) days. If Landlord approves such requestGround Lessor fails to respond within said fifteen (15) day period, or by the entire cost end of such changethe ten (10) day extension if exercised, including the cost of revising the Tenant’s Plans or preparing new plans, Ground Lessor shall be borne by Tenant. 3.4deemed to have approved the Site Plan as submitted. It If Ground Lessor requests any changes to the Site Plan, Ground Lessee shall make such changes and shall, within ten (10) days of its receipt of Ground Lessor’s requested changes (if any), submit a revised Site Plan to Ground Lessor. Ground Lessor shall have ten (10) days after receipt of the revised Site Plan in which to review said revised Site Plan and in which to give to Ground Lessee written notice of its approval of the revised Site Plan (which approval shall not be unreasonably withheld, conditioned or delayed) or its requested reasonable changes thereto. If Ground Lessor fails to respond within said five (5) day period, Ground Lessor shall be Tenant’s sole responsibility deemed to have approved the revised Site Plan as submitted. This process shall continue until such time, if at all, that Ground Lessor approves (or is deemed to have approved) the Tenant’s Site Plan in accordance with this paragraph. Ground Lessee shall at all times in its preparation of the Site Plan, and of any revisions thereto, act reasonably and in good faith. Ground Lessor shall at all times in its review of the Site Plan, and any revisions thereto, act reasonably and in good faith. All building inspections and construction permitting shall be under the jurisdiction of the local municipal inspections authority. All proposed Site Plans shall be directed to the County Manager or his or her designee, for review and approval. Furthermore, any deadlines or timelines under this Lease for Ground Lessee to complete construction of the New Expansion comply with all applicable laws Improvements shall be extended by one (1) day for each one (1) day that Ground Lessor’s fails to timely respond, as the tenant, to any proposed plans and governmental requirements, and all covenants, conditions, and restrictions of record affecting the Premises, and to procure and deliver to Landlord, upon request, all such licenses, permits and approvals from all governmental authorities and/or third parties as are necessary to permit the New Expansion to be commenced, continued to completion, and later occupied. Notwithstanding anything to the contrary contained 119468.000201 4888-8619-0636.9 DocuSign Envelope ID: BA370BF0-6559-47BF-93FD-5271BD02FEF9 herein or in the Lease, prior to Tenant’s commencement and completion specifications for construction of the New Expansion, Tenant acknowledges and agrees that Berkeley County, South Carolina requires Landlord, on behalf of Tenant, to execute, submit, and record with premises under the Berkeley County, South Carolina Office of the Register of Deeds a certain Covenants for Permanent Maintenance of Stormwater Systems (“Stormwater Covenants”) to ensure the New Expansion’s compliance with Berkeley County’s stormwater management program. Pursuant to and in accordance with the terms and provisions of Section 1.1(c), Section 2.2(e), and all other applicable provisions of the Health Department Lease, Tenant acknowledges and agrees that Landlord has provided timely advance written notice to Tenant, and a copy of the proposed Stormwater Covenants, regarding L▇▇▇▇▇▇▇’s intent to execute and record said Stormwater Covenants, and by its execution hereof Tenant hereby consents to L▇▇▇▇▇▇▇’s execution and recordation of the Stormwater Covenants with the Berkeley County, South Carolina Office of the Register of Deeds.

Appears in 1 contract

Sources: Ground Lease Agreement

Plans and Specifications. 3.1. Tenant shall employ consultants, including but not limited to Annexed hereto as Exhibit C-1 is a matrix showing the proposed architect for the New Expansion (the “Consultants”), designated by Tenant for the preparation of the necessary architectural, mechanical and electrical plans, drawings, construction schedule, and specifications pertaining to the New Expansion, provided, however, that all such Consultants shall be subject to the advance written approval elements of Landlord, not unreasonably withheld, conditioned, or delayed's Work and Tenant's Work. Landlord has prepared and delivered to Tenant shall furnish Landlord with architectural and design Landlord's plans and specifications ("Landlord's Plans and Specifications") for Landlord's Work. The same have been approved by Tenant. All of Landlord's Work shall be performed in accordance with Landlord's Plans and Specifications. Tenant agrees to deliver to Landlord by April 1, 2002 schematic and design plans (herein called "Schematic Tenant Plans") for the work to be undertaken to prepare the Premises for Tenant’s Plans”) prepared first in preliminary form 's use and occupancy by Tenant (the “Preliminary Plans”), and thereafter in working form (the “Working Drawings”), which shall cover, describe and depict the New Expansion. All Tenant’s Plans shall meet the requirements set forth in Schedule I attached hereto. 3.2. Upon submission of the Tenant’s Plans "Tenant Work") for the New Expansion, Landlord shall review the Tenant’s Plans and shall either approve the Tenant’s Plans or advise Tenant in writing of any aspect of the design, engineering, construction or installation which is not acceptable to Landlord. Landlord shall advise Tenant of its approval or comments on the Tenant’s Plans within fifteen (15) days after L▇▇▇▇▇▇▇’s receipt of the Tenant’s Plans. In the event that Landlord shall disapprove of any portion of the Tenant’s Plans, Tenant shall have seven (7) days after Landlord’s notification of its disapproval to revise the Tenant’s Plans and resubmit them to Landlord, and Landlord shall thereafter have ten (10) to 's review and either approve or disapprove such revised Tenant’s Plans. In the event Landlord fails to approve or disapprove the Tenant’s Plans or any changes thereto within the time period set forth above, then such items shall be deemed not approved. 3.3. After approval of the Tenant’s Plans or any portion thereof, Tenant shall not in any way modify, revise or change the approved Tenant’s Plans without the prior written consent of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. If Landlord approves such requestshall cooperate reasonably with Tenant and its architect in connection with the preparation of the Schematic Tenant Plans, including, without limitation, providing copies of the entire cost Landlord's Plans and Specifications and any other information relating to the Building and the Landlord's Work as Tenant or its architect may reasonably request and permitting Tenant or its architect reasonable access to the Building and the Lot to take measurements and to perform inspections. Any submittal to Landlord which is not responded to by Landlord in writing within fifteen (15) business days of such changereceipt of the same (and with respect to any revised submittal, including within five (5) business days of receipt of the cost of revising the Tenant’s Plans or preparing new plans, same) shall be borne by Tenant. 3.4. It deemed approved provided that the submittal contains a statement at a prominent location and in bold type to the following effect: "If you do not respond to this submittal in writing within fifteen (15) business days [or five (5) business days, as applicable], this submittal shall be deemed approved." Tenant shall deliver to Landlord within the later of (i) April 1, 2002 or (ii) ninety (90) days after Landlord has approved Tenant’s sole responsibility 's approved Schematic Tenant Plans, construction drawings (herein called "Initial Tenant Plans") for the Tenant Work for Landlord's review and approval, which approval shall not be unreasonably withheld, conditioned or delayed; provided, however, Landlord may not disapprove any matter that is consistent with Tenant's approved Schematic Tenant Plans. Landlord shall cooperate reasonably with Tenant and its architect in connection with the Tenant’s Plans and construction preparation of the New Expansion comply with all applicable laws Initial Tenant Plans, including, without limitation, providing such information as Tenant or its architect may reasonably request and governmental requirements, and all covenants, conditions, and restrictions of record affecting the Premises, and to procure and deliver to Landlord, upon request, all such licenses, permits and approvals from all governmental authorities and/or third parties as are necessary to permit the New Expansion to be commenced, continued to completion, and later occupied. Notwithstanding anything permitting Tenant or its architect reasonable access to the contrary contained 119468.000201 4888-8619-0636.9 DocuSign Envelope ID: BA370BF0-6559-47BF-93FD-5271BD02FEF9 herein or in Building and the Lease, prior Lot to Tenant’s commencement take measurements and completion of the New Expansion, Tenant acknowledges and agrees that Berkeley County, South Carolina requires Landlord, on behalf of Tenant, to execute, submit, and record with the Berkeley County, South Carolina Office of the Register of Deeds a certain Covenants for Permanent Maintenance of Stormwater Systems (“Stormwater Covenants”) to ensure the New Expansion’s compliance with Berkeley County’s stormwater management program. Pursuant to and in accordance with the terms and provisions of Section 1.1(c), Section 2.2(e), and all other applicable provisions of the Lease, Tenant acknowledges and agrees that Landlord has provided timely advance written notice to Tenant, and a copy of the proposed Stormwater Covenants, regarding L▇▇▇▇▇▇▇’s intent to execute and record said Stormwater Covenants, and by its execution hereof Tenant hereby consents to L▇▇▇▇▇▇▇’s execution and recordation of the Stormwater Covenants with the Berkeley County, South Carolina Office of the Register of Deedsperform inspections.

Appears in 1 contract

Sources: Office Lease (Keane Inc)

Plans and Specifications. 3.1. Tenant shall employ consultants, including but not limited to the proposed architect Plans and specifications and Working Drawings ------------------------ sufficient for the New Expansion construction of the Tenant Improvements to be installed in the Premises (the “Consultants”), designated by Tenant for the preparation of the necessary architectural, mechanical and electrical plans, drawings, construction schedule, and specifications pertaining to the New Expansion, provided, however, that all such Consultants "Drawings") shall be subject prepared by Tenant's Architect ("Architect") and submitted to the advance written approval of Landlord, not unreasonably withheld, conditioned, or delayed. Tenant shall furnish Landlord with architectural and design plans and specifications Within ten (the “Tenant’s Plans”10) prepared first in preliminary form (the “Preliminary Plans”), and thereafter in working form (the “Working Drawings”), which shall cover, describe and depict the New Expansion. All Tenant’s Plans shall meet the requirements set forth in Schedule I attached hereto. 3.2. Upon submission of the Tenant’s Plans for the New Expansionbusiness days after Drawings have been delivered to Landlord, Landlord shall review reasonably approve or disapprove the Tenant’s Plans preliminary plans and specifications, provided Landlord shall either approve the Tenant’s Plans or advise Tenant specify in writing of any aspect of objections it shall have to the designDrawings. If Landlord fails to disapprove the Drawings, engineering, construction or installation which is not acceptable to Landlord. Landlord shall advise Tenant of its approval or comments on the Tenant’s Plans within fifteen (15) business days after L▇▇▇▇▇▇▇’s receipt of the Tenant’s Plans. In the event that Landlord shall disapprove of any portion of the Tenant’s Plans, Tenant shall have seven (7) days after Landlord’s notification of its disapproval to revise the Tenant’s Plans and resubmit them delivery thereof to Landlord, the Drawings shall be deemed approved. If Landlord reasonably disapproves the Drawings, Landlord shall, in its notice of disapproval, provide sufficient information to Architect so that revised Drawings can be prepared. If Landlord and Tenant shall disagree on any aspect of the Drawings, Landlord and Tenant will meet and promptly attempt to resolve any differences. Architect shall revise the Drawings based on Landlord's suggested changes or the changes agreed between Landlord and Tenant, and resubmit the revised Drawings until the parties are able to agree on the final form of Drawings. The parties will agree on the final form of Drawings within twenty (20) business days of the date of Architect's initial submittal, provided in any and all events Landlord shall thereafter have ten at least three (103) business days to review and either approve or disapprove such revised Tenant’s Plansrespond to the final version of the Drawings. In The working drawings and specifications which have been approved by Landlord and Tenant are hereinafter referred to as the event Landlord fails to approve or disapprove the Tenant’s Plans or any changes thereto within "Approved Working Drawings." At the time period set forth above, then such items shall be deemed not approved. 3.3. After of final approval of the Tenant’s Plans or any portion thereofWorking Drawings, Tenant Landlord shall not in any way modify, revise or change specify which of the approved Tenant’s Plans without improvements shown on the prior written consent of Landlord, which shall not be unreasonably withheld, conditioned or delayed. If Landlord approves such request, the entire cost of such change, including the cost of revising the Tenant’s Plans or preparing new plans, Working Drawings shall be borne required to be removed by Tenant at Tenant. 3.4. It shall be Tenant’s 's sole responsibility that cost, upon the Tenant’s Plans and construction expiration of the New Expansion comply with all applicable laws and governmental requirements, and all covenants, conditions, and restrictions Term and/or surrender of record affecting the Premises, and to procure and deliver to Landlord, upon request, all such licenses, permits and approvals from all governmental authorities and/or third parties as are necessary to permit the New Expansion to be commenced, continued to completion, and later occupied. Notwithstanding anything to the contrary contained 119468.000201 4888-8619-0636.9 DocuSign Envelope ID: BA370BF0-6559-47BF-93FD-5271BD02FEF9 herein or in the Lease, prior to Tenant’s commencement and completion of the New Expansion, Tenant acknowledges and agrees that Berkeley County, South Carolina requires Landlord, on behalf of Tenant, to execute, submit, and record with the Berkeley County, South Carolina Office of the Register of Deeds a certain Covenants for Permanent Maintenance of Stormwater Systems (“Stormwater Covenants”) to ensure the New Expansion’s compliance with Berkeley County’s stormwater management program. Pursuant to and in accordance with the terms and provisions of Section 1.1(c), Section 2.2(e), and all other applicable provisions of the Lease, Tenant acknowledges and agrees that Landlord has provided timely advance written notice to Tenant, and a copy of the proposed Stormwater Covenants, regarding L▇▇▇▇▇▇▇’s intent to execute and record said Stormwater Covenants, and by its execution hereof Tenant hereby consents to L▇▇▇▇▇▇▇’s execution and recordation of the Stormwater Covenants with the Berkeley County, South Carolina Office of the Register of Deeds.

Appears in 1 contract

Sources: Industrial Lease (Mpath Interactive Inc/Ca)

Plans and Specifications. 3.1If the Premises are to be built out with tenant improvements, then: (a) Landlord shall provide Tenant with the preliminary plans for the Premises and specifications for all standard items to be contained therein. Within five (5) days after receipt thereof, Tenant shall approve said preliminary plans and specifications and shall provide Landlord with complete and detailed information of additions, deletions or revisions to be contained in the final plans and specifications. Landlord shall thereafter submit said final plans and specifications to Tenant for approval, and within five (5) days thereafter, Tenant shall either approve said final plans and specifications, or disapprove them in writing specifying how they are inconsistent with the information provided by Tenant to Landlord. If neither approval nor disapproval is received within said five-day period, Tenant’s silence shall be deemed conclusively to be approval of the final plans and specifications. Upon approval of Tenant’s final plans and specifications, Landlord shall do the work necessary to put the Premises in condition for occupancy by Tenant in accordance with said final plans and specifications. Landlord, however, shall be obligated only to bear the cost and expense of the items, if any, in Exhibit E attached hereto and hereby made a part of this lease. Tenant shall employ consultantsbear the cost and expense of any other item on Tenant’s final plans and specifications, including but not limited and shall pay such cost and expense upon written demand therefor; and (b) All equipment and installations to be made by Landlord or Tenant shall be of the proposed architect type, color and quality selected by Landlord as standard for the New Expansion (the “Consultants”), designated by Tenant for the preparation of the necessary architectural, mechanical and electrical plans, drawings, construction scheduleBuilding, and specifications pertaining to shall be in accordance with Landlord’s specifications. All contractors, subcontractors and materialmen performing work in the New Expansion, provided, however, that all such Consultants Building or the Premises shall be subject to Landlord’s approval. It is understood and agreed that Tenant may request that materials selected by it be used in lieu of standard materials of the advance written Building. Any such substituted materials which are to be furnished by Landlord at the direction of Tenant will be furnished on an “as available from supplier” basis. If, because materials other than those standard for the Building are substituted, Tenant’s move-in is delayed because of non-availability of any such substituted materials, then rent shall commence on the date the suite would have been ready for occupancy but for Tenant’s specification of substituted materials. If Landlord shall approve such substituted materials, which approval landlord will not unreasonably withhold, then Tenant shall pay to Landlord any increase in the cost as estimated by Landlord for such substituted materials and the installation thereof over and above Landlord’s estimate of the cost of providing and installing standard materials of the Building. Landlord shall notify Tenant of the amount of the increase in cost within a reasonable time after receiving Tenant’s request, and Tenant shall have five (5) days to approve such amount or to request further changes in the plans and specifications. If no changes in the plans and specifications are made, or if Tenant does not indicate its approval of such additional amount within five (5) days after receipt of the notification of the increased costs from Landlord, not unreasonably withheldthen said increased costs shall be deemed to be approved, conditioned, or delayedand Tenant shall pay this amount upon written demand by Landlord. Tenant shall furnish reimburse Landlord with architectural and design plans and specifications (the “Tenantfor Landlord’s Plans”) prepared first reasonable expenses incurred in preliminary form (the “Preliminary Plans”)any review and/or approval performed by Landlord pursuant to this Article 8 and/or Article 12, and thereafter in working form (the “Working Drawings”), which shall cover, describe and depict the New Expansion. All Tenant’s Plans shall meet the requirements set forth in Schedule I attached hereto. 3.2. Upon submission including without limitation a fee of 10% of the Tenant’s Plans contract price for the New Expansion, Landlord shall review the Tenant’s Plans and shall either approve the Tenant’s Plans or advise Tenant in writing of any aspect supervision of the design, engineering, construction or installation which is not acceptable to Landlord. Landlord shall advise Tenant work of its approval or comments on the Tenant’s Plans within fifteen (15) days after L▇▇▇▇▇▇▇’s receipt of the Tenant’s Plans. In the event that Landlord shall disapprove of any portion of the Tenant’s Plans, Tenant shall have seven (7) days after Landlord’s notification of its disapproval to revise the Tenant’s Plans and resubmit them to Landlord, and Landlord shall thereafter have ten (10) to review and either approve or disapprove such revised Tenant’s Plans. In the event Landlord fails to approve or disapprove the Tenant’s Plans or any changes thereto within the time period set forth above, then such items shall be deemed not approvedoutside contractors. 3.3. After approval of the Tenant’s Plans or any portion thereof, Tenant shall not in any way modify, revise or change the approved Tenant’s Plans without the prior written consent of Landlord, which shall not be unreasonably withheld, conditioned or delayed. If Landlord approves such request, the entire cost of such change, including the cost of revising the Tenant’s Plans or preparing new plans, shall be borne by Tenant. 3.4. It shall be Tenant’s sole responsibility that the Tenant’s Plans and construction of the New Expansion comply with all applicable laws and governmental requirements, and all covenants, conditions, and restrictions of record affecting the Premises, and to procure and deliver to Landlord, upon request, all such licenses, permits and approvals from all governmental authorities and/or third parties as are necessary to permit the New Expansion to be commenced, continued to completion, and later occupied. Notwithstanding anything to the contrary contained 119468.000201 4888-8619-0636.9 DocuSign Envelope ID: BA370BF0-6559-47BF-93FD-5271BD02FEF9 herein or in the Lease, prior to Tenant’s commencement and completion of the New Expansion, Tenant acknowledges and agrees that Berkeley County, South Carolina requires Landlord, on behalf of Tenant, to execute, submit, and record with the Berkeley County, South Carolina Office of the Register of Deeds a certain Covenants for Permanent Maintenance of Stormwater Systems (“Stormwater Covenants”) to ensure the New Expansion’s compliance with Berkeley County’s stormwater management program. Pursuant to and in accordance with the terms and provisions of Section 1.1(c), Section 2.2(e), and all other applicable provisions of the Lease, Tenant acknowledges and agrees that Landlord has provided timely advance written notice to Tenant, and a copy of the proposed Stormwater Covenants, regarding L▇▇▇▇▇▇▇’s intent to execute and record said Stormwater Covenants, and by its execution hereof Tenant hereby consents to L▇▇▇▇▇▇▇’s execution and recordation of the Stormwater Covenants with the Berkeley County, South Carolina Office of the Register of Deeds.

Appears in 1 contract

Sources: General Office Lease (Enochian Biosciences Inc)

Plans and Specifications. 3.1(a) Within 90 days of the date hereof, Landlord shall deliver to Tenant for Tenant’s approval (i) structural steel and foundation drawings including plans for site work in developing Parcels 12 and 13, and (ii) design development plans for the Buildings (collectively, “Preliminary Design Development Plans”). Tenant shall employ consultantsnotify Landlord within 14 days after receipt of such Preliminary Design Development Plans of Tenant’s approval or disapproval of same. Such approval shall not be unreasonably withheld. Should Tenant disapprove, including Tenant shall provide its reasons therefore, and Landlord and Tenant shall work together in good faith to modify the Preliminary Design Development Plans to address Tenant’s concerns and requirements. In the event Tenant does not respond within said 14 days, Tenant shall be deemed to have approved the same. Notwithstanding the foregoing, but not limited subject to the proposed architect following two sentences, Landlord shall not be obligated to make changes to the Preliminary Design Development Plans that would result in an increase in the scope of the Landlord’s Work as outlined on Exhibits B and B-1. Landlord and Tenant acknowledge that Exhibit B is, in certain respects, conceptual in nature and accordingly may not fully describe with specificity all elements of Landlord’s Work intended to be covered by Exhibit B. In that regard, a change to the Preliminary Design Development Plans suggested by Tenant will not be deemed an increase in the scope of Landlord’s Work if the intent thereof is to clarify a construction detail reasonably suggested by Exhibit B. The Preliminary Design Development Plans as approved by Tenant (or deemed approved, as set forth above), shall be referred to herein as the “Final Design Development Plans.” (b) Within 90 days after the Final Design Development Plans have been agreed upon and as long as Tenant has delivered its space plan within the time required by Section 4(a) of the Work Agreement, Landlord shall submit to Tenant for Tenant’s approval, detailed plans, working drawings and detailed specifications for the New Expansion Landlord Work (the “Consultants”)including all architectural, designated by Tenant for the preparation of the necessary architecturalengineering, mechanical and electrical plans, drawings, construction scheduleand including plans for landscaping and any other on-site work not reflected in the plans approved under subsection (a) above, and specifications pertaining relating to the New Expansion, provided, however, that all such Consultants shall be subject to development of Parcels 12 and 13 and the advance written approval construction of Landlord, not unreasonably withheld, conditioned, or delayed. Tenant shall furnish Landlord with architectural and design plans and specifications the Buildings) (the “Tenant’s Plans”) prepared first in preliminary form (the “Preliminary Proposed Construction Plans”), at Landlord’s sole cost and thereafter expense, to be in working form (conformity with the “Working Drawings”), which Final Design Development Plans. The Proposed Construction Plans shall cover, describe and depict not cover the New ExpansionTenant Improvement Work described below. All Tenant shall notify Landlord within 14 days after receipt of the Proposed Construction Plans of Tenant’s approval or disapproval of same. Such approval shall not be unreasonably withheld. Should Tenant disapprove, Tenant shall provide its reasons therefore and Landlord shall change or modify the Proposed Construction Plans shall meet the requirements set forth in Schedule I attached hereto. 3.2. Upon submission of the to address Tenant’s Plans for comments. Notwithstanding the New Expansionforegoing, Landlord shall review not be obligated to make any changes or modifications to the Tenant’s Proposed Construction Plans and shall either approve requested by Tenant that increase the Tenant’s Plans or advise Tenant in writing of any aspect scope of the design, engineering, construction or installation which is not acceptable to Landlord. Landlord shall advise Tenant of its approval or comments on ’s Work outlined in the Tenant’s Plans within fifteen (15) days after L▇▇▇▇▇▇▇’s receipt of the Tenant’s Final Design Development Plans. In the event that Landlord shall disapprove of any portion of the Tenant’s PlansTenant does not respond within said 14 days, Tenant shall be deemed to have seven approved the same. Once the Proposed Construction Plans have been approved by Tenant (7or deemed approved), a copy or a list of the mutually approved plans and specifications for the Landlord Work shall become part of this Lease (the “Final Construction Plans”). (c) days after Landlord’s notification Approval of its disapproval the Final Construction Plans shall not be deemed to revise be an agreement that they are in compliance with law nor shall such approval impose any liability on Tenant, it being agreed that Landlord has responsibility for compliance with all building codes and other applicable laws and requirements as they relate to the Tenant’s Landlord Work. No material changes from the Final Construction Plans and resubmit them to Landlord, and Landlord shall thereafter have ten (10) to review and either approve or disapprove such revised Tenant’s Plans. In the event Landlord fails to approve or disapprove the Tenant’s Plans or any changes thereto within the time period set forth above, then such items shall be deemed not approved. 3.3. After approval of the Tenant’s Plans or any portion thereof, Tenant shall not in any way modify, revise or change the approved Tenant’s Plans incorporated without the prior written consent approval of LandlordTenant. A “material change” is a change to the Final Construction Plans that will (i) lessen the quality of materials or equipment used in construction of the Buildings, which shall not be unreasonably withheld, conditioned (ii) change or delayed. If Landlord approves such requestalter the configuration of the Buildings, the entire Premises’ interior or the materials or appearance of the Buildings’ exterior, or (iii) have an adverse effect on the operation of the utilities or systems that will service the Premises. (d) In the event that after the Final Construction Plans are approved, Tenant requests changes thereto that will result in an increase in cost to Landlord of constructing the Landlord Work (a “Change Order Request”), then Landlord shall provide Tenant with a detailed estimate of the increase in cost (including, without limitation, architectural, engineering, and construction contractor’s fees) and Tenant may either, at Tenant’s option (i) revise Tenant’s request to reduce or eliminate such changeincrease in costs, including or (ii) pay such increase, in which event Tenant and Landlord shall agree upon the method by which such increase shall be paid. Tenant and Landlord agree that all work constituting a Change Order will include a fee of **** to Landlord’s general contractor for profit and overhead. (e) The following additional terms and conditions apply to all Change Order Requests: (i) in addition to any increase in cost, Landlord shall also advise Tenant of the number of days of delay, if any, that Landlord reasonably believes implementation of the Change Order Request will cause to the Commencement Date (a “Change Order Delay”), and by signing any Change Order (as defined below), Tenant will be deemed to have agreed that, notwithstanding any provision in this Lease to the contrary, the Commencement Date will be deemed to have occurred on the date it would have occurred, but for the aggregate number of days of Change Order Delays; (ii) in no event shall Landlord be obligated to implement any Change Order Request if such Change Order Request, by itself or taken together with all previous Change Orders, will result in more than 30 days of Change Order Delay or will result in a net increase in **** This redacted material has been omitted pursuant to a request for confidential treatment, and the material has been filed separately with the Commission. the cost of revising the Tenant’s Plans or preparing new plansLandlord Work greater than (****) and Tenant will not agree to pay such increased cost as and when it is incurred by Landlord; (iii) in no event shall Landlord be obligated to implement any Change Order Request until Tenant has delivered to Landlord a written change order (“Change Order”), shall be borne in form and substance reasonably prescribed by Tenant. 3.4. It shall be Tenant’s sole responsibility that Landlord, setting forth, inter alia, the Tenant’s Plans increase in cost attributable to the Change Order Request and construction the number of the New Expansion comply with all applicable laws and governmental requirementsdays of Change Order Delay, and all covenants, conditions, and restrictions if such Change Order is not delivered to Landlord within 5 business days of record affecting the Premises, and to procure and deliver to Landlord, upon request, all such licenses, permits and approvals from all governmental authorities and/or third parties as are necessary to permit the New Expansion to be commenced, continued to completion, and later occupied. Notwithstanding anything to the contrary contained 119468.000201 4888-8619-0636.9 DocuSign Envelope ID: BA370BF0-6559-47BF-93FD-5271BD02FEF9 herein or in the Lease, prior to Tenant’s commencement and completion of the New Expansion, Tenant acknowledges and agrees that Berkeley County, South Carolina requires Landlord, on behalf of Tenant, to execute, submit, and record with the Berkeley County, South Carolina Office of the Register of Deeds a certain Covenants for Permanent Maintenance of Stormwater Systems (“Stormwater Covenants”) to ensure the New Expansion’s compliance with Berkeley County’s stormwater management program. Pursuant to and in accordance with the terms and provisions of Section 1.1(c), Section 2.2(e), and all other applicable provisions of the Lease, Tenant acknowledges and agrees that Landlord has provided timely advance written notice presentation to Tenant, then Tenant shall be conclusively deemed to have withdrawn its request for that particular Change Order Request; and a copy (iv) Tenant’s obligation to pay for any increased cost of the proposed Stormwater Covenants, regarding L▇▇▇▇▇▇▇’s intent to execute and record said Stormwater Covenants, and Landlord Work caused by its execution hereof Tenant hereby consents to L▇▇▇▇▇▇▇’s execution and recordation Change Orders shall specifically survive termination of the Stormwater Covenants with the Berkeley County, South Carolina Office of the Register of Deedsthis Lease.

Appears in 1 contract

Sources: Lease Agreement (Del Monte Foods Co)

Plans and Specifications. 3.1As soon as reasonably practicable following the Effective Date, Tenant shall engage properly licensed architects, civil engineers and any other engineers or consultants necessary and appropriate to design, construct and install the Waterford I Additional Improvements. Tenant shall employ consultantsproceed, including but not limited at Tenant’s sole cost and expense (subject to reimbursement from the Waterford I TI Allowance), to prepare a draft of the improvements that Tenant desires to perform to the proposed architect for the New Expansion (the “Consultants”), designated by Tenant for the preparation Waterford I Premises and shall deliver a complete copy of the necessary architectural, mechanical and electrical plans, drawings, construction schedule, and specifications pertaining to the New Expansion, provided, however, that all such Consultants shall be subject to the advance written approval of Landlord, not unreasonably withheld, conditioned, or delayed. Tenant shall furnish Landlord with architectural and design draft plans and specifications (the “Tenantto Landlord for Landlord’s Plans”) prepared first in preliminary form (the “Preliminary Plans”), review and thereafter in working form (the “Working Drawings”), which shall cover, describe and depict the New Expansionwritten approval. All Tenant’s Plans shall meet the requirements set forth in Schedule I attached hereto. 3.2. Upon submission of the Tenant’s Plans for the New Expansion, Landlord shall review the Tenant’s Plans draft plans and specifications and shall either notify Tenant within seven (7) business days after Landlord’s receipt of the same as to whether Landlord approves the draft plans and specifications; if Landlord does not approve the Tenantdraft plans and specifications, such notice from Landlord to Tenant shall provide Landlord’s Plans or advise Tenant specific and detailed comments and suggestions which, if incorporated in writing of any aspect of the designdraft plans and specifications, engineering, construction or installation which is not would render the draft plans and specifications acceptable to Landlord. Landlord and Tenant shall advise Tenant of its approval or comments on cooperate with one another in good faith to reach agreement regarding the Tenant’s Plans within fifteen (15) days after L▇▇▇▇▇▇▇’s receipt of the Tenant’s Plans. In the event draft plans and specifications as soon as reasonably practicable using good faith and diligent efforts; provided, that Landlord shall disapprove of any portion of the Tenant’s Plans, Tenant shall only have seven five (75) business days after Landlord’s notification of its disapproval to revise the Tenant’s Plans and resubmit them to Landlord, and Landlord shall thereafter have ten (10) to review and either approve any revised plans or disapprove specifications, and should Landlord fail to respond within such revised Tenant’s Plans. In the event Landlord fails to approve or disapprove the Tenant’s Plans or any changes thereto within the time period set forth abovefive (5) business day period, then such items plans and specifications shall be deemed not approved. The final, mutually approved plans and specifications are referred to herein as the “Waterford I Improvement Plans. 3.3. After approval of ” The work which is described on such Waterford I Improvement Plans is referred to herein as the Tenant’s Plans or any portion thereof, Tenant shall not in any way modify, revise or change the approved Tenant’s Plans without the prior written consent of Landlord, which shall not be unreasonably withheld, conditioned or delayed. If Landlord approves such request, the entire cost of such change, including the cost of revising the Tenant’s Plans or preparing new plans, shall be borne by Tenant“Waterford I Additional Improvements. 3.4. It shall be Tenant’s sole responsibility that the Tenant’s Plans and construction of the New Expansion comply with all applicable laws and governmental requirements, and all covenants, conditions, and restrictions of record affecting the Premises, and to procure and deliver to Landlord, upon request, all such licenses, permits and approvals from all governmental authorities and/or third parties as are necessary to permit the New Expansion to be commenced, continued to completion, and later occupied. Notwithstanding anything to the contrary contained 119468.000201 4888-8619-0636.9 DocuSign Envelope ID: BA370BF0-6559-47BF-93FD-5271BD02FEF9 herein or in the Lease, prior to Tenant’s commencement and completion of the New Expansion, Tenant acknowledges and agrees that Berkeley County, South Carolina requires Landlord, on behalf of Tenant, to execute, submit, and record with the Berkeley County, South Carolina Office of the Register of Deeds a certain Covenants for Permanent Maintenance of Stormwater Systems (“Stormwater Covenants) to ensure the New Expansion’s compliance with Berkeley County’s stormwater management program. Pursuant to and in accordance with the terms and provisions of Section 1.1(c), Section 2.2(e), and all other applicable provisions of the Lease, Tenant acknowledges and agrees that Landlord has provided timely advance written notice to Tenant, and a copy of the proposed Stormwater Covenants, regarding L▇▇▇▇▇▇▇’s intent to execute and record said Stormwater Covenants, and by its execution hereof Tenant hereby consents to L▇▇▇▇▇▇▇’s execution and recordation of the Stormwater Covenants with the Berkeley County, South Carolina Office of the Register of Deeds.

Appears in 1 contract

Sources: Lease Agreement (3d Systems Corp)

Plans and Specifications. 3.17.1.1. Tenant Fortress Secured shall employ consultantsretain the services of such architecture, including but not limited engineering and design firms for the Work as approved by the City Manager or his/her designee pursuant to the proposed architect Comprehensive Agreement. On or before April 1, 2025, Fortress, after consulting with Concessionaire, shall submit to the City (acting in its proprietary capacity as owner of the Concession Area) all of the preliminary plans and specifications for the New Expansion renovations and improvements to be made to the Property, which shall substantially conform to the conceptual designs presented by Fortress Secured with its RFP submission (the “ConsultantsRFP Conceptual Designs), designated by Tenant for the preparation of the necessary architectural, mechanical ) and electrical plans, drawings, construction schedule, shall include a site plan and specifications pertaining to the New Expansion, provided, however, that all such Consultants shall be subject to the advance written approval of Landlord, not unreasonably withheld, conditioned, or delayed. Tenant shall furnish Landlord with items constituting architectural and design plans and specifications (exhibits and landscape plans and exhibits that are required by the “Tenant’s Plans”) prepared first City Land Development Boards to be included in preliminary form the application for Project Approvals (the “Preliminary PlansPlans and Specifications”), and thereafter in working form . The City Manager shall have twenty (the “Working Drawings”), which shall cover, describe and depict the New Expansion. All Tenant’s Plans shall meet the requirements set forth in Schedule I attached hereto. 3.2. Upon submission of the Tenant’s Plans for the New Expansion, Landlord shall 20) Business Days to review the Tenant’s Preliminary Plans and Specifications solely for substantial conformity with the RFP Conceptual Designs. The City Manager shall either approve not unreasonably withhold or delay his or her approval if the TenantPreliminary Plans and Specifications for substantially conform to the Project Concept Plan for such Phase; it being agreed however, that the City’s Plans or advise Tenant in writing of any aspect of the design, engineering, construction or installation which is not acceptable failure to Landlord. Landlord shall advise Tenant of its approval or comments on the Tenant’s Plans within fifteen (15) days after L▇▇▇▇▇▇▇’s receipt of the Tenant’s Plans. In the event that Landlord shall disapprove of any portion of the Tenant’s Plans, Tenant shall have seven (7) days after Landlord’s notification so notify Fortress Secured of its disapproval to revise the Tenant’s Plans and resubmit them to Landlord, and Landlord shall thereafter have within ten (10) to review and either approve or disapprove such revised Tenant’s Plans. In Business Days after a second written request bearing the event Landlord fails to approve or disapprove the Tenant’s Plans or any changes thereto within the time period set forth above, then such items legend specified in Subsection 26.13 of this Agreement shall be deemed not approved. 3.3. After to constitute the City’s conclusive approval of the Tenant’s Plans or any portion thereof, Tenant shall not in any way modify, revise or change the approved Tenant’s Plans without the prior written consent of Landlord, which shall not be unreasonably withheld, conditioned or delayed. If Landlord approves such request, the entire cost of such change, including the cost of revising the Tenant’s Plans or preparing new plans, shall be borne by Tenant. 3.4. It shall be Tenant’s sole responsibility that the Tenant’s Preliminary Plans and construction of the New Expansion comply with all applicable laws and governmental requirements, and all covenants, conditions, and restrictions of record affecting the Premises, and Specifications (subject to procure and deliver to Landlord, upon request, all such licenses, permits and approvals from all governmental authorities and/or third parties as are necessary to permit the New Expansion to be commenced, continued to completion, and later occupied. Notwithstanding anything to the contrary contained 119468.000201 4888-8619-0636.9 DocuSign Envelope ID: BA370BF0-6559-47BF-93FD-5271BD02FEF9 herein or in the Lease, prior to Tenant’s commencement and completion of the New Expansion, Tenant acknowledges and agrees that Berkeley County, South Carolina requires Landlord, on behalf of Tenant, to execute, submit, and record with the Berkeley County, South Carolina Office of the Register of Deeds a certain Covenants for Permanent Maintenance of Stormwater Systems (“Stormwater Covenants”) to ensure the New ExpansionConcessionaire’s compliance with Berkeley County’s stormwater management programSubsection 26.13 of this Agreement). Pursuant If the City Manager disapproves the Preliminary Plans and Specifications, then Fortress Secured shall within thirty (30) days after such disapproval, submit a revised modification to the Preliminary Plans and in accordance with Specifications that substantially conform to the terms Project Concept Plan to the City Manager pursuant to the foregoing process until such Preliminary Plans and provisions of Section 1.1(c), Section 2.2(e), and all other applicable provisions of Specifications for such Phase have been approved by the Lease, Tenant acknowledges and agrees that Landlord has provided timely advance written notice to Tenant, and a copy of the proposed Stormwater Covenants, regarding L▇▇▇▇▇▇▇’s intent to execute and record said Stormwater Covenants, and by its execution hereof Tenant hereby consents to L▇▇▇▇▇▇▇’s execution and recordation of the Stormwater Covenants with the Berkeley County, South Carolina Office of the Register of DeedsCity Manager.

Appears in 1 contract

Sources: Concessionaire Agreement

Plans and Specifications. 3.1The Tenant agrees to prepare, at the ------------------------ Tenant's sole cost and expense, preliminary plans for the construction and layout of the improvements which the Tenant desires to have performed in the Premises. Tenant Notwithstanding the foregoing, the Landlord shall employ consultants, including but not limited pay the Architectural Improvement Allowance to the proposed architect Tenant within thirty (30) days of presentation of an invoice for the New Expansion (the “Consultants”), designated by Tenant for the preparation of the necessary architectural, engineered mechanical and electrical architectural drawings in an amount at least equal to the amount of the Architectural Improvement Allowance to the Landlord, provided however, that the Architectural Improvement Allowance shall not be paid prior to the Landlord's approval of Tenant's Plans (as hereinafter defined). The Tenant shall submit the Tenant's preliminary plans to the Landlord for Landlord's approval no later than June 30, 1995 (the "Preliminary Plans Submission Date"), and the Landlord shall either approve or disapprove Tenant's preliminary plans within three (3) business days following the date of submission. At the Tenant's sole cost and expense, the Tenant shall cause Tenant's preliminary plans to be revised in a manner sufficient to remedy the Landlord's objections and/or respond to the Landlord's concerns and for such plans, drawingsincluding engineered mechanical and electrical drawings ('Tenant's Plans') to be redelivered to the Landlord in no event later than July 7, construction schedule1995 ("Final Plans Submission Date") and the Landlord shall either approve or disapprove Tenant's revised plans within three (3) business days following the date of submission. Time is of the essence with respect to the preparation and submission of Tenant's Plans. Tenant's Plans shall be stamped by a Massachusetts registered architect and engineer, such architect and engineer being subject to the Landlord's approval, and specifications pertaining shall comply with all applicable laws, ordinances and regulations (including, without limitation, the applicable requirements of the Americans with Disabilities Act of 1990, and the regulations promulgated thereunder) and shall be in a form satisfactory to appropriate governmental authorities responsible for issuing permits, approvals and licenses required for construction. The Landlord has heretofore been furnished early drafts of Tenant's preliminary plans and, provided Tenant's preliminary plans furnished under this Exhibit B are consistent therewith, the Landlord shall not unreasonably withhold its consent thereto. If Tenant's Plans shall not be approved by the Landlord by July 12, 1995 (the "Final Plans Date"), the Landlord shall have the right, without limitation of other rights or remedies, to terminate this Lease by giving notice thereof to the New ExpansionTenant at any time after the Final Plans Date, provided, however, that all such Consultants shall be subject and subject, nevertheless, to the advance written approval of Landlord, not unreasonably withheld, conditioned, or delayed. Tenant shall furnish Landlord with architectural and design plans and specifications (the “Tenant’s Plans”) prepared first in preliminary form (the “Preliminary Plans”), and thereafter in working form (the “Working Drawings”), which shall cover, describe and depict the New Expansion. All Tenant’s Plans shall meet the requirements provisions set forth in Schedule I attached hereto. 3.2. Upon submission Section 5 hereof, that the Tenant may elect to defer the effective termination date by notice given to the Landlord within five (5) days of Landlord's notice of termination, provided, further, that such notice by the Tenant shall contain an indication of the reasonable likelihood of the Tenant’s 's Plans for being approved by the New Expansion, Landlord shall review the Tenant’s Plans and shall either approve the Tenant’s Plans or advise Tenant in writing of any aspect of the design, engineering, construction or installation which is not acceptable to Landlord. Landlord shall advise Tenant of its approval or comments on the Tenant’s Plans within fifteen (15) days after L▇▇▇▇▇▇▇’s receipt of the Tenant’s Plans. In the event that Landlord shall disapprove of any portion of the Tenant’s Plans, Tenant shall have seven (7) days after Landlord’s notification of its disapproval to revise the Tenant’s Plans and resubmit them to Landlord, and Landlord shall thereafter have ten (10) to review and either approve or disapprove such revised Tenant’s Plans. In the event Landlord fails to approve or disapprove the Tenant’s Plans or any changes thereto within the time period set forth above, then such items shall be deemed not approved. 3.3. After approval of the Tenant’s Plans or any portion thereof, Tenant shall not in any way modify, revise or change the approved Tenant’s Plans without the prior written consent of Landlord, which shall not be unreasonably withheld, conditioned or delayed. If Landlord approves such request, the entire cost of such change, including the cost of revising the Tenant’s Plans or preparing new plans, shall be borne by Tenant. 3.4. It shall be Tenant’s sole responsibility that the Tenant’s Plans and construction of the New Expansion comply with all applicable laws and governmental requirements, and all covenants, conditions, and restrictions of record affecting the Premises, and to procure and deliver to Landlord, upon request, all such licenses, permits and approvals from all governmental authorities and/or third parties as are necessary to permit the New Expansion to be commenced, continued to completion, and later occupied. Notwithstanding anything to the contrary contained 119468.000201 4888-8619-0636.9 DocuSign Envelope ID: BA370BF0-6559-47BF-93FD-5271BD02FEF9 herein or in the Leaseeffective termination date, prior as deferred. Upon such termination, this Lease shall cease and come to Tenant’s commencement and completion of the New Expansion, Tenant acknowledges and agrees that Berkeley County, South Carolina requires Landlord, on behalf of Tenant, to execute, submit, and record with the Berkeley County, South Carolina Office of the Register of Deeds a certain Covenants for Permanent Maintenance of Stormwater Systems (“Stormwater Covenants”) to ensure the New Expansion’s compliance with Berkeley County’s stormwater management program. Pursuant to and an end in accordance with the terms of such notice and provisions without further obligation or liability on the part of Section 1.1(c)either party, Section 2.2(e)except as follows: The Tenant shall pay to the Landlord the damages suffered by the Landlord by reason of such termination including, and all other applicable provisions of without limitation, an amount equal to the Landlord's out-of-pocket expenses incurred in connection with this Lease, Tenant acknowledges including, without limitation, brokerage and agrees that Landlord has provided timely advance written notice legal fees, together with any amount required to Tenantbe paid pursuant to Section 4 below, and a copy of through the proposed Stormwater Covenants, regarding L▇▇▇▇▇▇▇’s intent to execute and record said Stormwater Covenants, and by its execution hereof Tenant hereby consents to L▇▇▇▇▇▇▇’s execution and recordation of the Stormwater Covenants with the Berkeley County, South Carolina Office of the Register of Deedseffective termination date.

Appears in 1 contract

Sources: Sublease Agreement (Lycos Inc)

Plans and Specifications. 3.1. Landlord shall submit to Tenant shall employ consultants, including but not limited to a complete set of the proposed architect for the New Expansion (the “Consultants”), designated by Tenant for the preparation of the necessary architectural, mechanical and electrical construction plans, working drawings, construction schedule, and specifications pertaining to the New Expansion, provided, however, that all such Consultants shall be subject to the advance written approval of Landlord, not unreasonably withheld, conditioned, or delayed. Tenant shall furnish Landlord with architectural and design plans and specifications (the “Tenant’s Plans”) prepared first in preliminary form (the “Preliminary Plans”), at Landlord’s sole cost and thereafter in working form (the “Working Drawings”), which expense. Tenant shall cover, describe and depict the New Expansion. All Tenant’s Plans shall meet the requirements set forth in Schedule I attached hereto. 3.2. Upon submission of the Tenant’s Plans for the New Expansion, Landlord shall review the Tenant’s Plans and shall either approve the Tenant’s Plans or advise Tenant in writing of any aspect of the design, engineering, construction or installation which is not acceptable to Landlord. Landlord shall advise Tenant of its approval or comments on the Tenant’s Plans within be allowed fifteen (15) days after L▇▇▇▇▇▇▇within which to examine the Plans and to advise Landlord of Tenant’s receipt approval or disapproval of the same; provided, however, Tenant’s Plans. In the event that Landlord shall disapprove of any portion of the Tenant’s Plans, Tenant shall have seven (7) days after Landlord’s notification of its disapproval to revise the Tenant’s Plans and resubmit them to Landlord, and Landlord shall thereafter have ten (10) to review and either approve or disapprove such revised Tenant’s Plans. In the event Landlord fails to approve or disapprove the Tenant’s Plans or any changes thereto within the time period set forth above, then such items shall be deemed not approved. 3.3. After approval of the Tenant’s Plans or any portion thereof, Tenant shall not in any way modify, revise or change the approved Tenant’s Plans without the prior written consent of Landlord, which shall not be unreasonably withheld, conditioned or delayed. If The failure of Tenant to advise Landlord approves within such request, fifteen (15) day period shall be deemed to constitute the entire cost approval of such change, including the cost Plans by Tenant as of revising the fifteenth (15th) day following Tenant’s receipt of the Plans. If Tenant shall have a reasonable basis for disapproval of any portion of the Plans, Tenant shall give Landlord its reasons therefor in writing within said fifteen (15) day period and, provided said changes are reasonable, Landlord shall cause the Plans to be revised so as to meet Tenant’s reasonable objections. Landlord shall submit the revised Plans to Tenant within fifteen (15) days after receipt of Tenant’s reasons for disapproval of the Plans. Within fifteen (15) days after Tenant’s receipt of the revised Plans, Tenant shall advise Landlord in writing of its approval of the revised Plans or preparing new plansnotify Landlord of any additional objections. Landlord and Tenant and General Contractor shall use good faith efforts to resolve any dispute regarding revisions to the Plans in an expeditious manner to the mutual satisfaction of Landlord and Tenant; provided however, in the event a dispute cannot be so resolved, Landlord’s architect and an architect selected by Tenant shall agree upon a resolution to said dispute and the resolution shall be borne binding upon Landlord and Tenant. The Plans which have been approved by Tenant are referred to as the “Approved Final Plans and Specifications.” Landlord shall have the right to make changes in the Approved Final Plans and Specifications (subject to Tenant. 3.4’s further review and approval of same as provided above and which approval shall not be unreasonably withheld) in which event, to the extent said changes cause Construction Costs to exceed the Construction Cap, Landlord shall pay the amount by which the total additional cost related to such changes exceeds any savings resulting therefrom. It Tenant shall be responsible, at Tenant’s sole responsibility that cost and expense, for any change orders requested solely by Tenant or any governmental permitting authority. Tenant shall have the Tenant’s right to make changes in the Approved Final Plans and construction Specifications in which event, to the extent said changes cause Construction Costs to exceed the Construction Cap, Tenant shall pay the amount by which the total additional cost related to such changes exceeds any savings resulting therefrom as provided in subsection 4.1.3. Landlord shall, at Landlord’s sole cost and expense outside the Construction Cap, pay any architectural or engineering fees, costs or expenses associated with: (i) preparation of the New Expansion comply with all applicable laws Approved Final Plans and governmental requirementsSpecifications, (ii) any independent architectural inspection of the Construction, if any, and all covenants, conditions, (iii) preparation of the site and restrictions of record affecting the Premises, and to procure and deliver to Landlord, upon requestcivil engineering drawings, all as a part of Landlord’s Work, Landlord shall pay such licenses, permits and approvals from all governmental authorities and/or third parties as are necessary to permit the New Expansion to be commenced, continued to completion, and later occupied. Notwithstanding anything amounts directly to the contrary contained 119468.000201 4888-8619-0636.9 DocuSign Envelope ID: BA370BF0-6559-47BF-93FD-5271BD02FEF9 herein architectural or in the Lease, prior to Tenant’s commencement and completion of the New Expansion, Tenant acknowledges and agrees that Berkeley County, South Carolina requires Landlord, on behalf of Tenant, to execute, submit, and record with the Berkeley County, South Carolina Office of the Register of Deeds a certain Covenants engineering firm responsible for Permanent Maintenance of Stormwater Systems (“Stormwater Covenants”) to ensure the New Expansion’s compliance with Berkeley County’s stormwater management program. Pursuant to and in accordance with the terms and provisions of Section 1.1(c), Section 2.2(e), and all other applicable provisions of the Lease, Tenant acknowledges and agrees that Landlord has provided timely advance written notice to Tenant, and a copy of the proposed Stormwater Covenants, regarding L▇▇▇▇▇▇▇’s intent to execute and record said Stormwater Covenants, and by its execution hereof Tenant hereby consents to L▇▇▇▇▇▇▇’s execution and recordation of the Stormwater Covenants with the Berkeley County, South Carolina Office of the Register of Deedsplan preparation.

Appears in 1 contract

Sources: Facility Lease Agreement (Global Medical REIT Inc.)

Plans and Specifications. 3.1. 2.1 Tenant shall employ consultants, including but not limited to the proposed architect for the New Expansion following persons (the “Consultants”), designated by Tenant ) for the preparation of the necessary architectural, mechanical and electrical plans, drawings, construction schedule, drawings and specifications pertaining to the construction work which Tenant intends to perform in the New ExpansionSpace in connection with Tenant’s initial occupancy (the “Work”): Space Planning Drawings - ▇▇▇▇▇ Architects Mechanical Working Drawings - ▇▇▇▇▇ Architects Electrical Working Drawings - ▇▇▇▇▇ Architects or such other consultants designated by Tenant from time to time, provided, however, that all such Consultants shall be subject to with the advance written approval of Landlord, which shall not be unreasonably withheld, conditioned, conditioned or delayed. Tenant Tenant, at its expense, shall furnish Landlord with architectural and design plans and specifications (the “Tenant’s Plans”) prepared first in preliminary form (the “Preliminary Plans”), and thereafter in working form (the “Working Drawings”), which and covering the Work. Tenant shall cover, describe pay all costs and depict the New Expansionexpenses relating to Tenant’s Plans. All Tenant’s Plans shall meet the requirements set forth in Schedule I attached hereto.I. Tenant shall deliver the completed Plans to Landlord. CD RDS 3.2. 2.2 Upon submission submittal of the any portion of Tenant’s Plans for the New ExpansionPlans, Landlord shall review the Tenant’s Plans and shall either approve the Tenant’s Plans or advise Tenant in writing of any aspect of the design, engineering, construction or installation which is not acceptable to Landlord. Landlord shall advise Tenant of its approval or comments on the Tenant’s Plans within fifteen (15) 10 days after L▇▇▇▇▇▇▇Landlord’s receipt of the Tenant’s Plans. In the event that Landlord shall disapprove of any portion of the Tenant’s Plans, Tenant shall have seven (7) 10 business days after Landlord’s notification of its disapproval to revise the Tenant’s Plans and resubmit them to Landlord, and Landlord shall thereafter have ten (10) to review and either approve or disapprove such revised Tenant’s Plans. In the event Landlord fails to approve or disapprove the Tenant’s Plans or any changes thereto within the time period set forth above, then and if such items failure continues thereafter for five (5) business days after Landlord’s receipt of notice from Tenant requesting action on Tenant’s Plans, Tenant’s Plans or the changes shall be deemed not to be approved. 3.3. 2.3 After approval of the Tenant’s Plans or any portion thereof, Tenant shall not in any way modify, revise or change the approved Tenant’s such Plans without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. If Landlord approves such request, the entire cost of such change, including the cost of revising the Tenant’s Plans or preparing new plans, shall be borne by TenantTenant and any delay occasioned thereby shall not delay the Commencement Date. 3.4. It 2.4 Except for such matters, if any, as shall have been required by Landlord and not requested by Tenant, it shall be Tenant’s sole responsibility that the Tenant’s Plans and construction of the New Expansion comply with all applicable laws governmental and governmental requirements, municipal codes and all covenants, conditions, and restrictions of record affecting the Premises, regulations and to procure and deliver to Landlord, Landlord upon request, request all such licenses, permits and approvals from all governmental authorities and/or third parties as are necessary to permit the New Expansion Work to be commenced, commenced and continued to completion, completion and later the so constructed Premises to be occupied. Notwithstanding anything to the contrary contained 119468.000201 4888-8619-0636.9 DocuSign Envelope ID: BA370BF0-6559-47BF-93FD-5271BD02FEF9 herein or in the Lease, prior to Tenant’s commencement and completion of the New Expansion, Tenant acknowledges and agrees that Berkeley County, South Carolina requires Landlord, on behalf of Tenant, to execute, submit, and record with the Berkeley County, South Carolina Office of the Register of Deeds a certain Covenants for Permanent Maintenance of Stormwater Systems (“Stormwater Covenants”) to ensure the New Expansion’s compliance with Berkeley County’s stormwater management program. Pursuant to and in accordance with the terms and provisions of Section 1.1(c), Section 2.2(e), and all other applicable provisions of the Lease, Tenant acknowledges and agrees that Landlord has provided timely advance written notice to Tenant, and a copy of the proposed Stormwater Covenants, regarding L▇▇▇▇▇▇▇’s intent to execute and record said Stormwater Covenants, and by its execution hereof Tenant hereby consents to L▇▇▇▇▇▇▇’s execution and recordation of the Stormwater Covenants with the Berkeley County, South Carolina Office of the Register of Deeds.

Appears in 1 contract

Sources: Agreement of Lease (Pegasystems Inc)

Plans and Specifications. 3.1. A. Landlord and Tenant shall employ consultants, including but not limited to jointly retain the proposed architect for services of the New Expansion (the “Consultants”), space planned designated by Tenant for the preparation of the necessary architectural, mechanical and electrical plans, drawings, construction schedule, and specifications pertaining to the New Expansion, provided, however, that all such Consultants shall be subject to the advance written approval of Landlord, not unreasonably withheld, conditioned, or delayed. Tenant shall furnish Landlord with architectural and design plans and specifications (the “Tenant’s Plans”) prepared first in preliminary form (the “Preliminary Plans”), and thereafter in working form (the “Working Drawings”), which shall cover, describe and depict the New Expansion. All Tenant’s Plans shall meet the requirements set forth in Schedule I attached hereto. 3.2. Upon submission of the Tenant’s Plans for the New Expansion, Landlord shall review the Tenant’s Plans and shall either approve the Tenant’s Plans or advise Tenant in writing of any aspect of the design, engineering, construction or installation which is not acceptable to Landlord. Landlord shall advise Tenant of its approval or comments on the Tenant’s Plans within fifteen (15) days after L▇▇▇▇▇▇▇’s receipt ▇ Construction Incorporated (the "Space Planner") to prepare a detailed space plan (the "Space Plan") mutually satisfactory to Landlord and Tenant for the construction of the Tenant’s PlansTenant Improvements in the Premises. In the event that Landlord shall disapprove of any portion of the Tenant’s Plans, and Tenant shall have seven (7) days after Landlord’s notification of its disapproval to revise the Tenant’s Plans and resubmit them to Landlord, and Landlord shall thereafter have ten (10) to review and either approve or disapprove such revised Tenant’s the Space Plan and any proposed revisions thereto in writing within three (3) business days after receipt thereof which approval shall not be unreasonably withheld. B. Based on the approved Space Plan, Landlord and Tenant shall cause the Space Planner to prepare detailed plans, specifications and working drawings for the construction of the Tenant Improvements (the "Plans"), Landlord and Tenant shall diligently pursue the preparation of the Plans. In Landlord and Tenant shall approve or disapprove the event Plans and any proposed revisions thereto, including the estimated cost of the Tenant Improvements, in writing within three (3) business days after receipt thereof. If Landlord or Tenant fails to approve or disapprove the Tenant’s Space Plan or Plans or any changes revisions thereto within the time period set forth abovelimits specified herein, then such items Landlord or Tenant shall be deemed not approved. 3.3to have approved approved the same. After approval of the Tenant’s Plans or any portion thereof, Landlord and Tenant shall not in any way modify, revise or change use diligent efforts to cause the approved Tenant’s final Plans without the prior written consent of Landlord, which shall not be unreasonably withheld, conditioned or delayed. If Landlord approves such request, the entire cost of such change, including and the cost of revising the Tenant’s Plans or preparing new plans, shall be borne by Tenant. 3.4. It shall be Tenant’s sole responsibility that the Tenant’s Plans and construction of the New Expansion comply with all applicable laws and governmental requirements, and all covenants, conditions, and restrictions of record affecting the Premises, and to procure and deliver to Landlord, upon request, all such licenses, permits and approvals from all governmental authorities and/or third parties as are necessary to permit the New Expansion estimate to be commenced, continued to completion, prepared and approved no later occupied. Notwithstanding anything to than thirty (30) days after the contrary contained 119468.000201 4888-8619-0636.9 DocuSign Envelope ID: BA370BF0-6559-47BF-93FD-5271BD02FEF9 herein or in the Lease, prior to Tenant’s commencement and completion of the New Expansion, Tenant acknowledges and agrees that Berkeley County, South Carolina requires Landlord, on behalf of Tenant, to execute, submit, and record with the Berkeley County, South Carolina Office of the Register of Deeds a certain Covenants for Permanent Maintenance of Stormwater Systems (“Stormwater Covenants”) to ensure the New Expansion’s compliance with Berkeley County’s stormwater management program. Pursuant to and in accordance with the terms and provisions of Section 1.1(c), Section 2.2(e), and all other applicable provisions execution of the Lease. C. Notwithstanding Landlord's preparation, review and approved of the Space Plan and the Plans and any revisions thereto. Landlord shall have no responsibility or liability whatsoever for any errors or omissions contained in the Space Plan or plans to verify dimensions or conditions, or for the quality, design or compliance with applicable Regulation of any improvements described therein or constructed in accordance therewith. Landlord hereby assigns to Tenant acknowledges all warranties and agrees that Landlord has provided timely advance written notice guarantees by the Space Planner or the contractor who constructs the Tenant Improvements relating to Tenantthe Tenant Improvements, and a copy Tenant hereby waives all claims against Landlord relating to, or arising out of the proposed Stormwater Covenantsdesign or construction of, regarding L▇▇▇▇▇▇▇’s intent to execute and record said Stormwater Covenants, and by its execution hereof the Tenant hereby consents to L▇▇▇▇▇▇▇’s execution and recordation of the Stormwater Covenants with the Berkeley County, South Carolina Office of the Register of DeedsImprovements.

Appears in 1 contract

Sources: Sub Sublease (Divx Inc)

Plans and Specifications. 3.1. Tenant 2.1 COUNTY shall employ consultants, including but not limited to the proposed cooperate with LESSOR and LESSOR’s architect for the New Expansion (the ConsultantsArchitect), designated by Tenant for the preparation of the necessary architectural, mechanical and electrical plans, drawings, construction schedule, and specifications pertaining to the New Expansion, provided, however, that all such Consultants ) who shall be subject to the advance written approval of Landlord, not unreasonably withheld, conditioned, or delayed. Tenant shall furnish Landlord with architectural and design prepare detailed preliminary space plans and specifications for the Premises Improvements (the “Tenant’s Plans”) prepared first in preliminary form (the “Preliminary Plans”), and thereafter in working form ) consistent with Exhibit M (the “Working Drawings”Tenant Improvement Plans), which shall coverinclude, describe without limitation, the location of doors, partitions, electrical and depict the New Expansion. All Tenant’s Plans shall meet the telephone outlets, plumbing fixtures, millwork, floor and wall coverings, heavy floor loads, and any other special requirements set forth in Schedule I attached heretorequested by COUNTY. 3.22.2 The burden of providing LESSOR with all correct and complete information with respect to the Minimum Standards shall rest solely with COUNTY, and LESSOR shall be entitled to rely completely on all such information. Upon Based on the Minimum Standards, LESSOR shall prepare and submit to COUNTY the proposed Preliminary Plans or logical subportions thereof, COUNTY shall accept or reject the Preliminary Plans (or logical subportions thereof) by written notice delivered to LESSOR on or before five (5) business days after submission of the Tenant’s Preliminary Plans (or logical subportions thereof) to COUNTY by LESSOR. 2.3 Based on the accepted Preliminary Plans, LESSOR shall prepare and deliver to COUNTY for acceptance two (2) sets of the final working plans and specifications for the New ExpansionPremises Improvements, Landlord which shall review be based on and conform in all material respects to the Tenantaccepted Preliminary Plans (“TI Drawings”). COUNTY shall accept or reject the TI Drawings (or logical subportions thereof) within five (5) business days after submission by LESSOR. Following approval of the TI Drawings, both Parties shall sign and deliver to each other duplicate copies of the TI Drawings; thereafter, changes may only be made in strict accordance with the change order provision of Clause 5, below. The term “Accepted Drawings” shall be accepted TI Drawings and all such accepted changes. 2.4 COUNTY’s Plans and shall failure to accept or reject either approve the Tenant’s Preliminary Plans or advise Tenant the TI Drawings (or logical subportions thereof) within the five (5) business day acceptance periods shall be deemed approval of such plans and specifications. If COUNTY reasonably rejects of the Preliminary Plans or the TI Drawings within the respective five (5) business day periods, LESSOR shall revise and resubmit those modified plans to COUNTY in accordance with the procedures set forth above. No deviations will be permitted from Minimum Standards except as approved in writing by the LESSOR. LESSOR shall not be required to approve any deviation from Minimum Standards that: (i) does not conform to applicable law or is disapproved by any governmental agency, or (ii) is of such a specialized nature that it is unlikely (individually or together with other construction) to be useable by any successor tenant of the Premises for general office use (“Specialized TI’s”). Whether or not LESSOR consents thereto, in no event shall the cost of any aspect Specialized TI’s be included within the Allowance or the Additional Allowance, if utilized. If LESSOR and COUNTY are unable to agree on the TI Drawings or the Preliminary Plans, such dispute shall be resolved by the Architect or any replacement architect selected by LESSOR and COUNTY, whose determination shall be final. 2.5 All approvals by LESSOR under this Agreement and the Lease shall not be a representation or warranty by LESSOR that the Minimum Standards are or will be in compliance with applicable law, for all matters in connection with the construction of the designPremises Improvements. However, engineeringprior to the commencement of the construction of the Premises Improvements, construction or installation which is not acceptable LESSOR shall obtain and deliver to Landlord. Landlord shall advise Tenant COUNTY written certification from the Architect that the Architect’s Accepted Drawings as submitted to and approved by the City of its approval or comments on the Tenant’s Plans within fifteen (15) days after LCypress substantially comply with Applicable Law. 2.6 COUNTY hereby ▇▇▇▇▇▇▇▇▇ as COUNTY’s receipt of the Tenant’s Plansconstruction representative (“COUNTY Representative”). In the event that Landlord shall disapprove of any portion of the Tenant’s Plans, Tenant COUNTY shall have seven the right to appoint a replacement COUNTY Representative at any time during construction upon five (75) business days after Landlord’s notification of its disapproval prior written notice to revise the Tenant’s Plans and resubmit them to Landlord, and Landlord shall thereafter have ten (10) to review and either approve or disapprove such revised Tenant’s PlansLESSOR. In the event Landlord fails to approve or disapprove the Tenant’s Plans or any changes thereto within the time period set forth above, then such items LESSOR shall be deemed not approved. 3.3. After approval of entitled to rely upon COUNTY Representative for all matters in connection with the Tenant’s Plans or any portion thereof, Tenant shall not in any way modify, revise or change the approved Tenant’s Plans without the prior written consent of Landlord, which shall not be unreasonably withheld, conditioned or delayed. If Landlord approves such request, the entire cost of such change, including the cost of revising the Tenant’s Plans or preparing new plans, shall be borne by Tenant. 3.4. It shall be Tenant’s sole responsibility that the Tenant’s Plans and construction of the New Expansion comply with all applicable laws Premises Improvements. 2.7 If the Premises Improvements include any floor covering other than COUNTY’s standard carpet tiles, then LESSOR shall perform a moisture test and governmental requirementsdeduct the costs for performing such test from the Allowance or, if utilized, the Additional Allowance. Notwithstanding anything to the contrary, COUNTY may not waive any moisture barrier requirement or recommendation without LESSOR’s prior written approval, which may be withheld in its sole and all covenants, conditions, and restrictions of record affecting the Premises, and to procure and deliver to Landlord, upon request, all such licenses, permits and approvals from all governmental authorities and/or third parties as are necessary to permit the New Expansion to be commenced, continued to completion, and later occupied. absolute discretion. 2.8 Notwithstanding anything to the contrary contained 119468.000201 4888-8619-0636.9 DocuSign Envelope ID: BA370BF0-6559-47BF-93FD-5271BD02FEF9 herein or in herein, at the Lease, prior time of its submittal to Tenant’s commencement and completion COUNTY of the New ExpansionPreliminary Plans or the TI Drawings, Tenant acknowledges and agrees that Berkeley County, South Carolina requires Landlord, on behalf LESSOR shall notify COUNTY whether LESSOR will require the removal of Tenant, to execute, submit, and record with any Specialized TIs upon the Berkeley County, South Carolina Office of the Register of Deeds a certain Covenants for Permanent Maintenance of Stormwater Systems (“Stormwater Covenants”) to ensure the New Expansion’s compliance with Berkeley County’s stormwater management program. Pursuant to and in accordance with the terms and provisions of Section 1.1(c), Section 2.2(e), and all other applicable provisions expiration or earlier termination of the Lease, Tenant acknowledges and agrees that Landlord has provided timely advance written notice to Tenant, and a copy of the proposed Stormwater Covenants, regarding L▇▇▇▇▇▇▇’s intent to execute and record said Stormwater Covenants, and by its execution hereof Tenant hereby consents to L▇▇▇▇▇▇▇’s execution and recordation of the Stormwater Covenants with the Berkeley County, South Carolina Office of the Register of Deeds.

Appears in 1 contract

Sources: Lease

Plans and Specifications. 3.1a. Landlord’s Work shall be completed in accordance with Plans and Specifications as described in the Lease. Tenant shall employ consultantsA conceptual plan with a basic layout is attached to this Schedule B-2 and is incorporated herein by reference. While subject to likely further revision by the parties, including but not limited such preliminary plan presently serves as a basic layout acceptable to the proposed architect for the New Expansion (the “Consultants”), designated by Tenant for parties. The cost associated with the preparation of the necessary architecturalPlans and Specifications for the Building shell, mechanical geotechnical investigations and electrical planssite plans shall be deemed a part of the Base Building and Landlord’s Fixed Cost, drawings, construction schedule, and specifications pertaining all other design expenses shall be deemed a part of the Fitout Cost. Any further expenses associated with modifications to the New ExpansionPlans and Specifications to allow consistency with the Fitout Cost as described in the Lease, providedincluding the contract price for the Landlord’s Work as agreed by Landlord’s contractor, howeverConcept Construction of North Florida, that all such Consultants shall be subject to the advance written approval of Inc. dba Theory Construction (“Landlord, not unreasonably withheld, conditioned, or delayed. Tenant shall furnish Landlord with architectural and design plans and specifications (the “Tenant’s Plans”) prepared first in preliminary form (the “Preliminary PlansContractor”), and thereafter in working form (the “Working Drawings”)compliance with Legal Requirements and Nondiscretionary Change Orders, which shall cover, describe and depict the New Expansion. All Tenant’s Plans shall meet the requirements set forth in Schedule I attached hereto. 3.2. Upon submission also be deemed a part of the Tenant’s Plans for Fitout ▇▇▇▇.▇▇ to any clean rooms included in the New ExpansionPlans, Landlord shall review the Tenant’s Plans and shall either approve the Tenant’s Plans or advise agrees that Tenant in writing of any aspect of the design, engineering, construction or installation which is not acceptable may request to Landlord. Landlord shall advise Tenant of its approval or comments on the Tenant’s Plans within fifteen (15) days after Lhave ▇▇▇▇▇▇’s receipt of the Tenant’s Plans. In the event that Landlord shall disapprove of any ▇▇▇▇▇ provide construction services for such portion of the Tenant’s Plans, Tenant shall have seven (7) days after Landlord’s notification of its disapproval to revise the Tenant’s Plans and resubmit them to Landlord, and Landlord shall thereafter have ten (10) to review and either approve or disapprove such revised Tenant’s Plans. In the event Landlord fails to approve or disapprove the Tenant’s Plans or any changes thereto within the time period set forth above, then such items shall be deemed not approved. 3.3. After approval of the Tenant’s Plans or any portion thereof, Tenant shall not in any way modify, revise or change the approved Tenant’s Plans without the prior written consent of Landlord, which shall not be unreasonably withheld, conditioned or delayed. If Landlord approves such request, the entire cost of such change, including the cost of revising the Tenant’s Plans or preparing new plans, shall be borne by Tenant. 3.4. It shall be Tenant’s sole responsibility that the Tenant’s Plans and construction of the New Expansion comply with all applicable laws and governmental requirements, and all covenants, conditions, and restrictions of record affecting the Premises, subject to agreement of Landlord and to procure and deliver to Landlord, upon request, all such licenses, permits and approvals from all governmental authorities and/or third parties as are necessary to permit the New Expansion to be commenced, continued to completion, and later occupied. Notwithstanding anything to the contrary contained 119468.000201 4888-8619-0636.9 DocuSign Envelope ID: BA370BF0-6559-47BF-93FD-5271BD02FEF9 herein or in the Lease, prior to Tenant’s commencement and completion of the New Expansion, Tenant acknowledges and agrees that Berkeley County, South Carolina requires Landlord, on behalf of Tenant, to execute, submit, and record with the Berkeley County, South Carolina Office of the Register of Deeds a certain Covenants for Permanent Maintenance of Stormwater Systems (“Stormwater Covenants”) to ensure the New Expansion’s compliance with Berkeley County’s stormwater management program. Pursuant to and in accordance with the terms and provisions of Section 1.1(c), Section 2.2(e), and all other applicable provisions of the Lease, Tenant acknowledges and agrees that Landlord has provided timely advance written notice to Tenant, and with the understanding that Landlord may require a copy of the proposed Stormwater Covenants, regarding Lperformance and payment bond from ▇▇▇▇▇▇▇’s intent to execute and record said Stormwater Covenants, and by its execution hereof Tenant hereby consents to L▇▇▇▇▇▇, the cost of which shall be subtracted from the Fitout Allowance. b. Within fifteen (15) days following Landlord’s execution and recordation submittal of the Stormwater Covenants with the Berkeley Countyfinal Plans and Specifications to Tenant for review, South Carolina Office Tenant shall provide written notice to Landlord of Tenant’s approval of the Register Plans and Specifications, or of Deedsany objections that Tenant may have to the Plans and Specifications, stated in sufficient detail so as to allow necessary modification by Landlord. Once accepted by Tenant and Landlord in final form, the Plans and Specifications may be modified only with Landlord’s and Tenant’s written approval, and Tenant shall be liable for any additional costs incurred as a result of any such change unless such change was requested by, or due to acts or omissions of, Landlord. Should Tenant fail within the time period specified in this Section to either (i) approve the Plans and Specifications to Landlord or (ii) make any reasonable modifications to same and resubmit to Landlord as so specified, then such failure shall be construed as an acceptance of the Plans and Specifications. c. In conjunction with Landlord’s review of the Plans and Specifications, Landlord shall advise Tenant of any special material, finish or fixture requested by Tenant that will result in a delay in Landlord’s construction schedule beyond the Anticipated Commencement Date. In such event, Tenant shall either modify its specifications so as not to delay construction or be deemed to have accepted responsibility for any resulting delay. Prior to final approval of the Plans and Specification, the parties shall cooperate to identify any potential cost-saving measures, which may include alternative materials, equipment or fixturing; provided that if such alternatives are expected to delay completion of the Project, any such delays shall extend the Commencement Date, Anticipated Commencement Date and Outside Commencement Date hereunder. The foregoing efforts by Landlord and Tenant shall include, without limitation, special attention to the methods and materials proposed for concrete sub-flooring as necessary or appropriate to allow installation of flooring materials per the Plans and Specifications or as otherwise determined by Landlord and Tenant upon evaluation of costs and time factors. d. The parties acknowledge that based upon current market conditions, there may be unavailability of certain supplies, materials or equipment. Landlord shall undertake to obtain such supplies, materials or equipment as may be specified in the Plans and Specifications. However, in the event that such requested supplies, materials or equipment either (i) materially increase the cost of the Base Building or (ii) result in a delay in completion of the Project, then Landlord shall present reasonable substitutes so as to minimize any cost overruns or delays in the Completion Date. In the event that Tenant shall not approve such substitutes, then any cost increase shall be deemed a Tenant expense, increasing Tenant’s Contribution and any delay resulting from the delays in receiving Tenant’s preferred supplies, materials or equipment shall be deemed a Tenant Delay hereunder.

Appears in 1 contract

Sources: Lease (Applied Genetic Technologies Corp)

Plans and Specifications. 3.1. Tenant shall employ consultants(a) The Improvements are comprised of two parts: (i) that part consisting of the construction of the Building containing approximately 80,028 rentable square feet and site improvements, including but not limited to, parking spaces, driveways, sidewalks, landscaping and all other related site and infrastructure work (collectively, the “Project Improvements”); and (ii) that part relating to the proposed architect for interior tenant improvements within the New Expansion Building (the “ConsultantsTenant Improvements”), designated . (b) The preliminary plans and specifications approved by Landlord and Tenant for the Project Improvements are listed on Exhibit B attached hereto (the “Preliminary Project Plans and Specifications”). Upon completion of the preliminary plans and specifications for the Tenant Improvements, Landlord and Tenant will prepare and initial a listing thereof and will attach same as Exhibit C hereto (the “Preliminary Tenant Improvement Plans and Specifications”). The Preliminary Project Plans and Specifications and the Preliminary Tenant Improvements Plans and Specifications shall be utilized in connection with the preparation of the necessary architectural, mechanical and electrical plans, drawings, construction schedule, and specifications pertaining to the New Expansion, provided, however, that all such Consultants shall be subject to the advance written approval of Landlord, not unreasonably withheld, conditioned, or delayed. Tenant shall furnish Landlord with architectural and design final plans and specifications (for the Project Improvements and the Tenant Improvements. Landlord and Tenant intend to work collaboratively to develop final plans and specifications for the Project Improvements and Tenant Improvements in accordance with the provisions of this Section 2. Tenant acknowledges that certain milestones must be met in the plan development process in order for Landlord to achieve Tenant’s Plans”) prepared first in preliminary form (the “Preliminary Plans”), and thereafter in working form (the “Working Drawings”), which shall cover, describe and depict the New Expansiondesired date for Substantial Completion. All Tenant’s Plans shall meet the requirements The time frames set forth in Schedule I attached heretothis Section are intended to facilitate the parties’ progress towards such date. 3.2. Upon submission of the Tenant’s Plans for the New Expansion, (c) Landlord shall review the Tenant’s Plans and shall either approve the Tenant’s Plans or advise Tenant in writing of any aspect of the design, engineering, construction or installation which is not acceptable to Landlord. Landlord shall advise Tenant of its approval or comments on the Tenant’s Plans within fifteen (15) days after Lcause ▇▇▇▇▇▇▇’s receipt of the Tenant’s Plans. In the event that Landlord shall disapprove of any portion of the Tenant’s Plans, Tenant shall have seven (7) days after Landlord’s notification of its disapproval to revise the Tenant’s Plans and resubmit them to Landlord, and Landlord shall thereafter have ten (10) to review and either approve or disapprove such revised Tenant’s Plans. In the event Landlord fails to approve or disapprove the Tenant’s Plans or any changes thereto within the time period set forth above, then such items shall be deemed not approved. 3.3. After approval of the Tenant’s Plans or any portion thereof, Tenant shall not in any way modify, revise or change the approved Tenant’s Plans without the prior written consent of Landlord, which shall not be unreasonably withheld, conditioned or delayed. If Landlord approves such request, the entire cost of such change, including the cost of revising the Tenant’s Plans or preparing new plans, shall be borne by Tenant. 3.4. It shall be Tenant’s sole responsibility that the Tenant’s Plans and construction of the New Expansion comply with all applicable laws and governmental requirements, and all covenants, conditions, and restrictions of record affecting the Premises, and to procure and deliver to Landlord, upon request, all such licenses, permits and approvals from all governmental authorities and/or third parties as are necessary to permit the New Expansion to be commenced, continued to completion, and later occupied. Notwithstanding anything to the contrary contained 119468.000201 4888-8619-0636.9 DocuSign Envelope ID: BA370BF0-6559-47BF-93FD-5271BD02FEF9 herein or in the Lease, prior to Tenant’s commencement and completion of the New Expansion, Tenant acknowledges and agrees that Berkeley County, South Carolina requires Landlord, on behalf of Tenant, to execute, submit, and record with the Berkeley County, South Carolina Office of the Register of Deeds a certain Covenants for Permanent Maintenance of Stormwater Systems (“Stormwater Covenants”) to ensure the New Expansion’s compliance with Berkeley County’s stormwater management program. Pursuant to and in accordance with the terms and provisions of Section 1.1(c), Section 2.2(e), and all other applicable provisions of the Lease, Tenant acknowledges and agrees that Landlord has provided timely advance written notice to Tenant, and a copy of the proposed Stormwater Covenants, regarding L▇▇▇▇▇▇▇’s intent /Architects, Inc. (the “Project Architect”) to execute prepare proposed final plans and record said Stormwater Covenantsspecifications for the Project Improvements in accordance with the Preliminary Project Plans and Specifications, and submit the proposed final plans and specifications to Tenant for Tenant’s approval. If Tenant rejects the proposed final plans and specifications for the Project Improvements (in whole or in part), Tenant shall specify in sufficient detail the reason(s) for Tenant’s rejection (or partial rejection, as applicable). If Tenant responds to such plan set, then such portion thereof not rejected by its execution hereof Tenant hereby consents shall be deemed to L▇▇▇▇▇▇▇’s execution and recordation be approved. In the event Tenant thereafter modifies or objects to any portion of the Stormwater Covenants plan set previously approved by Tenant, any delay caused by such modification or objection shall be deemed to be a Tenant Delay (hereinafter defined). Following any modification or objection by Tenant, Landlord must revise the proposed final plans and specifications and resubmit such plans for Tenant’s approval as soon as reasonably practicable. Upon Tenant’s approval, Landlord’s proposed final plans and specifications for the Project Improvements will constitute the “Final Project Plans and Specifications”. In the event the Final Project Plans and Specifications are not approved by Tenant within ten (10) days after the Effective Date, each Work Day thereafter until the same are approved shall be deemed to be an Excused Delay (hereinafter defined). (d) Tenant shall cause proposed final plans and specifications for the Tenant Improvements to be prepared in accordance with the Berkeley CountyPreliminary Tenant Improvement Plans and Specifications. Landlord shall have three (3) business days after receipt within which to approve or reject the proposed final plans and specifications. Landlord’s failure to approve such plans and specifications within such three (3) business days period shall be deemed to be an approval thereof by Landlord. If Landlord rejects the proposed final plans and specifications for the Tenant Improvements (in whole or in part), South Carolina Office Landlord must specify in sufficient detail the reason(s) for Landlord’s rejection (or partial rejection, as applicable). If Landlord responds to such plan set, then such portion thereof not rejected by Landlord shall be deemed to be approved. In the event Tenant thereafter modifies or objects to any portion of the Register plan set previously approved by Landlord, any delay caused by such modification or objection shall be deemed to be a Tenant Delay. Following any modification or objection by Landlord, Tenant must revise the proposed final plans and specifications and resubmit such plans for Landlord’s approval. Upon Landlord’s approval, the proposed final plans and specifications for the Tenant Improvements will constitute the “Final Tenant Improvement Plans and Specifications”. In the event the Final Tenant Improvement Plans and Specifications are not approved by Landlord by February 24, 2006 for any reason other than delays caused by Landlord, each day thereafter until the same are approved shall be deemed to be an Excused Delay (hereinafter defined). Landlord agrees not to unreasonably withhold its consent to any proposed final plans and specifications for the Tenant Improvements so long as they are consistent with the Preliminary Tenant Improvement Plans and Specifications. (e) The Final Project Plans and Specifications and the Final Tenant Improvement Plans and Specifications are sometimes collectively referred to in this Lease as the “Final Plans and Specifications.” Only the signature or initials of Deedsan authorized representative of Landlord referenced in Section 3.2(b) and an authorized representative of Tenant referenced in Section 3.2(b) will evidence approval of the Final Plans and Specifications. Tenant must appoint an employee of Tenant [if not an authorized representative of Tenant referenced in Section 3.2(b)] to review the plans and specifications that Landlord proposes for adoption as the Final Plans and Specifications so as not to delay unreasonably the completion of the Improvements. Tenant’s review and approval of the Final Plans and Specifications, shop drawings, samples or other construction related items will create no responsibility or liability on Tenant’s part for their completeness (except as to compliance with the Preliminary Project Plans and Specifications and Preliminary Tenant Improvement Plans and Specifications), sufficiency for their intended purpose, or degree of compliance with Legal Requirements (hereinafter defined).

Appears in 1 contract

Sources: Lease Agreement (3d Systems Corp)

Plans and Specifications. 3.1. Tenant shall employ consultants, including but not limited Landlord agrees to prepare the proposed architect for the New Expansion (the “Consultants”), designated by Tenant for the preparation of the necessary architectural, mechanical and electrical plans, drawings, construction schedule, and specifications pertaining to the New Expansion, provided, however, that all such Consultants shall be subject to the advance written approval of Landlord, not unreasonably withheld, conditioned, or delayed. Tenant shall furnish Landlord with architectural and design initial plans and specifications (the “Tenant’s "Initial Plans") prepared first for the completion of a dividing wall in preliminary form (the “Preliminary Plans”)large open area shown generally on Schedule "1" attached hereto and made a part hereof to provide for an office for the medical director and his secretary, which improvements are hereinafter referred to as the "Tenant Finish", and thereafter in working form (to submit the “Working Drawings”)Initial Plans to Tenant for Tenant's approval as soon as practical after receiving Tenant's construction requirements, which construction requirements shall coverbe submitted to Landlord within ten (10) days after the date of this Lease. Tenant shall, describe and depict the New Expansion. All Tenant’s Plans shall meet the requirements set forth in Schedule I attached hereto. 3.2. Upon submission of the Tenant’s Plans for the New Expansion, Landlord shall review the Tenant’s Plans and shall either approve the Tenant’s Plans or advise Tenant in writing of any aspect of the design, engineering, construction or installation which is not acceptable to Landlord. Landlord shall advise Tenant of its approval or comments on the Tenant’s Plans within fifteen (15) days after L▇▇▇▇▇▇▇’s receipt of such Initial Plans from Landlord, either approve or disapprove the sane: provided, however, that should tenant request any changes in the Initial Plans which vary from Tenant’s 's original requirements, any redrawing of such Initial Plans shall be accomplished at Tenant's sole cost and expense. If Tenant disapproves the same, Tenant shall specify in reasonable detail the reasons for any such disapproval. Any redrawing of the Initial Plans or changes therein occasioned by Tenant necessitated because of objections which are contrary to Tenant's original requirements submitted to Landlord and/or after Tenant's initial approval shall be accomplished at Tenant's sole cost and expense. The cost of such redrawing shall be paid by Tenant as additional rent hereunder within ten (10) days after tenant's receipt of Landlord's written demand therefor. Failure of Tenant to respond within the aforesaid fifteen (15) day period shall be deemed to be approval of such Initial Plans. In the event that the Initial Plans have not been approved by Landlord and Tenant within sixty (60) days from the date of this Lease, Landlord shall disapprove of any portion of have the Tenant’s right to cancel and terminate this Lease. The Initial Plans which are approved as aforesaid are hereinafter referred to as the Plans, Tenant shall have seven (7) days after Landlord’s notification of its disapproval to revise the Tenant’s Plans and resubmit them to Landlord, and Landlord shall thereafter have ten (10) to review and either approve or disapprove such revised Tenant’s Plans. In the event Landlord fails to approve or disapprove the Tenant’s Plans or any changes thereto within the time period set forth above, then such items shall be deemed not approved'. 3.3. After approval of the Tenant’s Plans or any portion thereof, Tenant shall not in any way modify, revise or change the approved Tenant’s Plans without the prior written consent of Landlord, which shall not be unreasonably withheld, conditioned or delayed. If Landlord approves such request, the entire cost of such change, including the cost of revising the Tenant’s Plans or preparing new plans, shall be borne by Tenant. 3.4. It shall be Tenant’s sole responsibility that the Tenant’s Plans and construction of the New Expansion comply with all applicable laws and governmental requirements, and all covenants, conditions, and restrictions of record affecting the Premises, and to procure and deliver to Landlord, upon request, all such licenses, permits and approvals from all governmental authorities and/or third parties as are necessary to permit the New Expansion to be commenced, continued to completion, and later occupied. Notwithstanding anything to the contrary contained 119468.000201 4888-8619-0636.9 DocuSign Envelope ID: BA370BF0-6559-47BF-93FD-5271BD02FEF9 herein or in the Lease, prior to Tenant’s commencement and completion of the New Expansion, Tenant acknowledges and agrees that Berkeley County, South Carolina requires Landlord, on behalf of Tenant, to execute, submit, and record with the Berkeley County, South Carolina Office of the Register of Deeds a certain Covenants for Permanent Maintenance of Stormwater Systems (“Stormwater Covenants”) to ensure the New Expansion’s compliance with Berkeley County’s stormwater management program. Pursuant to and in accordance with the terms and provisions of Section 1.1(c), Section 2.2(e), and all other applicable provisions of the Lease, Tenant acknowledges and agrees that Landlord has provided timely advance written notice to Tenant, and a copy of the proposed Stormwater Covenants, regarding L▇▇▇▇▇▇▇’s intent to execute and record said Stormwater Covenants, and by its execution hereof Tenant hereby consents to L▇▇▇▇▇▇▇’s execution and recordation of the Stormwater Covenants with the Berkeley County, South Carolina Office of the Register of Deeds.

Appears in 1 contract

Sources: Lease Agreement (Carrington Laboratories Inc /Tx/)

Plans and Specifications. 3.1(a) The Tenant Improvements shall be constructed pursuant to plans and specifications prepared in accordance with this Paragraph 2, by Tenant's designer/architect using Landlord's Building Standards for Tenant Improvements (the "Building Standards"),a copy of which will be provided to Tenant upon execution of this Lease. The plans and specifications shall be complete and shall address, inter alia, the following architectural features: demolition of existing improvements, ceiling, lighting, partitions, doors, hardware, floor finishes, wall finishes. (b) Tenant shall employ consultantsprepare and furnish all structural, including but not limited to electrical, mechanical, plumbing, engineering and fire and life safety plans and drawings (collectively, the proposed architect for the New Expansion (the “Consultants”"M&E Plans"), designated and Tenant shall also prepare all other architectural plans and drawings ("Architectural Plans") necessary to construct the Tenant Improvements. The M&E Plans and the Architectural Drawings (collectively, the "Working Drawings") shall consist of complete detailed plans and specifications for demolition of existing improvements, partition layout, ceiling, heating and air conditioning, electrical outlets, switches and telephone outlets. The Working Drawings shall be submitted by Tenant via Federal Express or similar overnight delivery service, for Landlord's approval no later than the preparation dates in Paragraph 2(d) below. (c) Tenant shall prepare and submit to Landlord concurrently upon execution of this Lease, a space plan depicting Tenant's preliminary layout of the necessary architectural, mechanical and electrical plans, drawings, construction schedule, and specifications pertaining to the New Expansion, provided, however, that all such Consultants Premises. Landlord shall be subject to the advance written approve or reasonably disapprove of Tenants space plan within five (5) working days after receipt thereof. (d) Upon Landlord's approval of the space plan, Tenant shall prepare and submit to Landlord, not unreasonably withheldlater than June 1, conditioned, or delayed. Tenant shall furnish Landlord with architectural 2000 the M&E Plans and design the Working Drawings and other plans and specifications (necessary for submission to the “Tenant’s Plans”) prepared first in preliminary form (the “Preliminary Plans”), and thereafter in working form (the “Working Drawings”), which shall cover, describe and depict the New Expansion. All Tenant’s Plans shall meet the requirements set forth in Schedule I attached hereto. 3.2. Upon submission City of San Diego for permitting of the Tenant’s Plans for the New Expansion, Landlord shall review the Tenant’s Plans and shall either approve the Tenant’s Plans or advise Tenant in writing of any aspect of the design, engineering, construction or installation which is not acceptable to LandlordImprovements. Landlord shall advise Tenant of its approval approve or comments on the Tenant’s Plans within fifteen (15) days after L▇▇▇▇▇▇▇’s receipt of the Tenant’s Plans. In the event that Landlord shall reasonably disapprove of any portion of the Tenant’s Plans, Tenant shall have seven (7) days after Landlord’s notification of its disapproval to revise the Tenant’s Tenants M&E Plans and resubmit them to Landlord, and Landlord shall thereafter have Working Drawings within ten (10) to review and either approve or disapprove such revised Tenant’s Plans. In the event Landlord fails to approve or disapprove the Tenant’s Plans or any changes thereto within the time period set forth above, then such items shall be deemed not approvedworking days after receipt thereof. 3.3. After (e) Following approval by Landlord of Tenant's M&E Plans and the Tenant’s Plans or any portion thereofWorking Drawings and other detailed plans and specifications, Tenant shall not in neither cause nor permit any way modify, revise or change the approved Tenant’s Plans material deviations therefrom without the Landlord's prior written consent of Landlordconsent, which shall not be unreasonably withheld, conditioned withheld or delayed. If Landlord approves such request, the entire cost of such change, including the cost of revising the Tenant’s Plans or preparing new plans, shall be borne by Tenant. 3.4. It shall be Tenant’s sole responsibility that the Tenant’s Plans and construction of the New Expansion comply with all applicable laws and governmental requirements, and all covenants, conditions, and restrictions of record affecting the Premises, and to procure and deliver to Landlord, upon request, all such licenses, permits and approvals from all governmental authorities and/or third parties as are necessary to permit the New Expansion to be commenced, continued to completion, and later occupied. Notwithstanding anything to the contrary contained 119468.000201 4888-8619-0636.9 DocuSign Envelope ID: BA370BF0-6559-47BF-93FD-5271BD02FEF9 herein or in the Lease, prior to Tenant’s commencement and (f) Following completion of the New ExpansionTenant Improvements, Tenant acknowledges shall cause to be prepared (i) a set of sepia as-built plans and agrees that Berkeley County, South Carolina requires Landlord, on behalf specifications of Tenant's M&E Plans and the Working Drawings for the Tenant Improvements; (ii) a close-out book which shall include but not be limited to the items set forth in (i) above, to executeoperations and maintenance manuals, submit, guarantees and record with warranties from Tenant's contractor (the Berkeley County, South Carolina Office of the Register of Deeds a certain Covenants for Permanent Maintenance of Stormwater Systems (“Stormwater Covenants”) to ensure the New Expansion’s compliance with Berkeley County’s stormwater management program. Pursuant to and in accordance with the terms and provisions of Section 1.1(c"Final Project Submittals"), Section 2.2(e), and all other applicable provisions of the Lease, Tenant acknowledges and agrees that Landlord has provided timely advance written notice to Tenant, and a copy of the proposed Stormwater Covenants, regarding L▇▇▇▇▇▇▇’s intent to execute and record said Stormwater Covenants, and by its execution hereof Tenant hereby consents to L▇▇▇▇▇▇▇’s execution and recordation of the Stormwater Covenants with the Berkeley County, South Carolina Office of the Register of Deeds.

Appears in 1 contract

Sources: Standard Industrial Lease (Sports Arenas Inc)

Plans and Specifications. 3.1. 2.1 Tenant shall employ consultantsprepare, including but not limited to the proposed architect for the New Expansion (the “Consultants”)at Tenant’s sole cost and expense, designated by Tenant for the preparation of the necessary architectural, mechanical and electrical plans, drawings, construction schedule, and specifications pertaining to the New Expansion, provided, however, that all such Consultants shall be subject to the advance written approval of LandlordAllowance and the Tenant’s Plan Allowance (as hereinafter defined), not unreasonably withheldand in accordance with the requirements set forth in Schedule III attached hereto, conditionedall architectural, or delayed. Tenant shall furnish Landlord with architectural mechanical, and design electrical plans and specifications relating to the construction of the Landlord’s Work and the Entrance Work (collectively, the “Tenant’s Plans”) prepared ), first in preliminary form (collectively, the “Preliminary Plans”), and thereafter in working form (collectively, the “Working Drawings”), which shall cover, describe and depict the New Expansion. All Tenant’s Plans shall meet be furnished to Landlord for Landlord’s review and approval and which Preliminary Plans shall be delivered to Landlord on or before May 1, 2014. Tenant shall hire ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ & Associates (“SGA”) for the requirements set forth in Schedule I attached heretopreparation of Tenant’s Plans. 3.2. 2.2 Upon submission submittal of any portion of the Tenant’s Plans for the New ExpansionPlans, Landlord shall review the Tenant’s Plans and shall either approve the Tenant’s Plans or advise Tenant in writing of any aspect of the design, engineering, construction or installation which is not acceptable to Landlord based on the exercise of Landlord’s reasonable discretion. Landlord shall advise Tenant of its approval or comments on the Tenant’s Plans within fifteen ten (1510) business days after L▇▇▇▇▇▇▇Landlord’s receipt of the Tenant’s Plans. In the event that Landlord shall disapprove of any portion of the Tenant’s Plans, Tenant shall have seven five (75) business days after Landlord’s notification of its disapproval to revise the Tenant’s Plans and resubmit them to Landlord, and Landlord shall thereafter have ten (10) to review and either approve or disapprove such revised Tenant’s Plans. In the event Landlord fails to approve or disapprove the Tenant’s Plans or any changes thereto within the time period set forth above, then and if such items failure continues thereafter for five (5) business days after Landlord’s receipt of notice from Tenant requesting action on the Tenant’s Plans, the Tenant’s Plans or the changes shall be deemed not to be approved. 3.3. 2.3 After approval of the Tenant’s Plans or any portion thereof, Tenant shall not in any way modify, revise or change the approved such Tenant’s Plans without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. If Landlord approves such request, the entire cost of such change, including including, without limitation, the cost of revising the Tenant’s Plans or preparing new plans, shall be borne by Tenant and any delay occasioned thereby shall not delay the Commencement Date. All Work shall be performed by Landlord (or its Contractor (as hereinafter defined) or such Contractor’s subcontractors) in accordance with the Tenant’s Plans, and there shall be no material change orders to the Work that materially deviate from the Tenant’s Plans without Tenant’s prior written approval, which shall not be unreasonably withheld, conditioned or delayed. 3.4. 2.4 It shall be Tenant’s sole responsibility that the Tenant’s Plans and construction of the New Expansion comply with all applicable laws governmental and municipal laws, codes and regulations. Landlord shall ensure that the Base Building Work complies with all applicable governmental requirementsand municipal laws, codes and all covenantsregulations. 2.5 Provided this Lease is in full force and effect and Tenant is not in default hereunder beyond any applicable notice and cure period, conditions, Landlord hereby agrees to pay to Tenant toward the cost of the preparation of Tenant’s Plans an amount equal to the lesser of: (a) the actual cost of the preparation of Tenant’s Plans; or (b) Eleven Thousand Four Hundred Thirteen and restrictions 84/100 Dollars ($11,413.84) (the “Tenant’s Plan Allowance”). Within thirty (30) days following Landlord’s receipt of record affecting the Premises, and to procure and deliver to Landlord, upon Tenant’s request, all such licenses, permits and approvals from all governmental authorities and/or third parties as are necessary Landlord shall pay to permit Tenant the New Expansion to be commenced, continued to completion, and later occupied. Notwithstanding anything to the contrary contained 119468.000201 4888-8619-0636.9 DocuSign Envelope ID: BA370BF0-6559-47BF-93FD-5271BD02FEF9 herein or in the Lease, prior to Tenant’s commencement Plan Allowance; provided, that, Landlord shall have finally approved Tenant’s Plans and completion Tenant has submitted documentation reasonably satisfactory to Landlord evidencing the cost of the New Expansion, such Tenant’s Plans. Tenant hereby acknowledges and agrees that Berkeley County, South Carolina requires Landlord, on behalf in the event that the cost of Tenant, to execute, submit, and record with ’s Plans exceeds the Berkeley County, South Carolina Office amount of the Register of Deeds a certain Covenants for Permanent Maintenance of Stormwater Systems (“Stormwater Covenants”) to ensure the New ExpansionTenant’s compliance with Berkeley County’s stormwater management program. Pursuant to and in accordance with the terms and provisions of Section 1.1(c), Section 2.2(e), and all other applicable provisions of the LeasePlan Allowance, Tenant acknowledges and agrees that Landlord has provided timely advance written notice to Tenant, and a copy shall be solely responsible for the amount of the proposed Stormwater Covenants, regarding L▇▇▇▇▇▇▇’s intent to execute and record said Stormwater Covenants, and by its execution hereof Tenant hereby consents to L▇▇▇▇▇▇▇’s execution and recordation of the Stormwater Covenants with the Berkeley County, South Carolina Office of the Register of Deedssuch excess.

Appears in 1 contract

Sources: Lease Agreement (Aspen Technology Inc /De/)

Plans and Specifications. 3.1. A. Before undertaking any alterations, Tenant shall employ consultantssubmit to Landlord for approval, including but not limited to the proposed architect for the New Expansion (the “Consultants”), designated by Tenant for the preparation of the necessary architectural, mechanical and electrical plans, drawings, construction schedule, and specifications pertaining to the New Expansion, provided, however, that all such Consultants shall be subject to the advance written approval of Landlord, not unreasonably withheld, conditioned, or delayed. Tenant shall furnish Landlord with architectural and design plans and specifications (the “Tenant’s Plans”) prepared first in preliminary form (the “Preliminary Plans”)by a licensed architect whom ▇▇▇▇▇▇ shall retain, at its sole cost and thereafter in working form (the “Working Drawings”)expense, which shall cover, describe and depict the New Expansion. All Tenant’s Plans shall meet the requirements set forth in Schedule I attached hereto. 3.2. Upon submission of the Tenant’s Plans for the New Expansion, Landlord shall review the preparation of its plans showing all of ▇▇▇▇▇▇’s Work. Within ten (10) days following receipt of Tenant’s Plans and five (5) days for resubmissions, Landlord shall either approve the notify Tenant of any changes reasonably required by Landlord. Promptly following receipt of Landlord’s notice, Tenant shall revise Tenant’s Plans or advise Tenant in writing to incorporate Landlord’s required changes and shall deliver the revised plans to Landlord within seven (7) days following receipt of any aspect of the design, engineering, construction or installation which is not acceptable Landlord’s notice. If Landlord requires further changes to Landlord. Landlord shall advise Tenant of its approval or comments on the Tenant’s Plans Plans, Tenant shall similarly revise and resubmit them to Landlord within fifteen an additional period of five (155) days after Lbusiness days. Tenant may not begin any work in the Premises until ▇▇▇▇▇▇ receives Landlord’s approval (which may be given via e-mail) of Tenant’s Plans, which approval shall not be unreasonably withheld. Tenant shall pay Landlord for all actual and out-of-pocket costs associated with ▇▇▇▇▇▇▇▇’s receipt third party consultant’s review of the Tenant’s Plans. In the event that Landlord shall disapprove of any portion of the Tenant’s Plans, Tenant shall have seven (7) days after Landlord’s notification of its disapproval to revise the Tenant’s Plans and resubmit them to Landlord, and Landlord shall thereafter have ten (10) to review and either approve or disapprove such revised Tenant’s Plans. In the event Landlord fails to approve or disapprove the Tenant’s Plans or any changes thereto within the time period set forth above, then such items shall be deemed not approved“Plan Review Fee”). 3.3. After B. Any approval of the Tenant’s Plans by Landlord or any portion thereof, Tenant shall not in any way modify, revise or change the approved Tenant’s Plans without the prior written consent of Landlord, which shall not be unreasonably withheld, conditioned or delayed. If Landlord approves such request, the entire cost of such change, including the cost of revising the Tenant’s Plans or preparing new plans, shall be borne by Tenant. 3.4. It shall be Tenant’s sole responsibility that the Tenant’s Plans and construction of the New Expansion comply with all applicable laws and governmental requirements, and all covenants, conditions, and restrictions of record affecting the Premises, and to procure and deliver to Landlord, upon request, all such licenses, permits and approvals from all governmental authorities and/or third parties as are necessary to permit the New Expansion to be commenced, continued to completion, and later occupied. Notwithstanding anything to the contrary contained 119468.000201 4888-8619-0636.9 DocuSign Envelope ID: BA370BF0-6559-47BF-93FD-5271BD02FEF9 herein or in the Lease, prior to Tenant’s commencement and completion of the New Expansion, Tenant acknowledges and agrees that Berkeley County, South Carolina requires Landlord, on behalf of Tenant, to execute, submit, and record with the Berkeley County, South Carolina Office of the Register of Deeds a certain Covenants for Permanent Maintenance of Stormwater Systems (“Stormwater Covenants”) to ensure the New Expansion’s compliance with Berkeley County’s stormwater management program. Pursuant to and in accordance with the terms and provisions of Section 1.1(c), Section 2.2(e), and all other applicable provisions of the Lease, Tenant acknowledges and agrees that Landlord has provided timely advance written notice to Tenant, and a copy of the proposed Stormwater Covenants, regarding L▇▇▇▇▇▇▇’s intent architects and/or engineers of any of Tenant’s drawings, plans and specifications which are prepared in connection with any construction of improvements in the Premises, including Tenant’s Plans, shall not in any way be construed or operate to execute bind Landlord or to constitute a representation or warranty of Landlord as to the adequacy or sufficiency of such drawings, plans and record said Stormwater Covenantsspecifications, and by its execution hereof Tenant hereby consents or the improvements to L▇which they relate, for any use, purpose, or condition, but such approval shall merely be the consent of Landlord as may be required hereunder in connection with ▇▇▇▇▇▇’s execution construction of improvements in the Premises in accordance with such drawings, plans and recordation of the Stormwater Covenants with the Berkeley County, South Carolina Office of the Register of Deedsspecifications.

Appears in 1 contract

Sources: Lease Agreement (Chembio Diagnostics, Inc.)

Plans and Specifications. 3.1. Tenant shall employ consultants, including but not limited to the proposed architect Plans and specifications and Working Drawings ------------------------ sufficient for the New Expansion construction of the Tenant Improvements to be installed in the Premises (the “Consultants”), designated by Tenant for the preparation of the necessary architectural, mechanical and electrical plans, drawings, construction schedule, and specifications pertaining to the New Expansion, provided, however, that all such Consultants "Drawings") shall be subject prepared by Tenant's Architect ("Architect") and submitted to the advance written approval of Landlord, not unreasonably withheld, conditioned, or delayed. Tenant shall furnish Landlord with architectural and design plans and specifications Within five (the “Tenant’s Plans”5) prepared first in preliminary form (the “Preliminary Plans”), and thereafter in working form (the “Working Drawings”), which shall cover, describe and depict the New Expansion. All Tenant’s Plans shall meet the requirements set forth in Schedule I attached hereto. 3.2. Upon submission of the Tenant’s Plans for the New Expansionbusiness days after Drawings have been delivered to Landlord, Landlord shall review reasonably approve or disapprove the Tenant’s Plans preliminary plans and specifications, provided Landlord shall either approve the Tenant’s Plans or advise Tenant specify in writing any objections it shall have to the Drawings. If Landlord fails to disapprove the Drawings, within five (5) business days after delivery thereof to Landlord, the Drawings shall be deemed approved. If Landlord reasonably disapproves the Drawings, Landlord shall, in its notice of disapproval, provide sufficient information to Architect so that revised Drawings can be prepared. If Landlord and Tenant shall disagree on any aspect of the designDrawings, engineeringLandlord and Tenant will meet and promptly attempt to resolve any differences. Architect shall revise the Drawings based on Landlord's suggested changes or the changes agreed between Landlord and Tenant, construction or installation which is not acceptable and resubmit the revised Drawings until the parties are able to Landlordagree on the final form of Drawings. The parties will agree on the final form of Drawings within twenty (20) business days of the date of Architect's initial submittal, provided in any and all events Landlord shall advise Tenant of its approval or comments on the Tenant’s Plans within fifteen have at least three (153) business days after L▇▇▇▇▇▇▇’s receipt of the Tenant’s Plans. In the event that Landlord shall disapprove of any portion of the Tenant’s Plans, Tenant shall have seven (7) days after Landlord’s notification of its disapproval to revise the Tenant’s Plans and resubmit them to Landlord, and Landlord shall thereafter have ten (10) to review and either approve or disapprove such revised Tenant’s Plansrespond to the final version of the Drawings. In The working drawings and specifications which have been approved by Landlord and Tenant are hereinafter referred to as the event Landlord fails to approve or disapprove the Tenant’s Plans or any changes thereto within "Approved Working Drawings." At the time period set forth above, then such items shall be deemed not approved. 3.3. After of final approval of the Tenant’s Plans or any portion thereofWorking Drawings, Tenant Landlord shall not in any way modify, revise or change specify which of the approved Tenant’s Plans without improvements shown on the prior written consent of Landlord, which shall not be unreasonably withheld, conditioned or delayed. If Landlord approves such request, the entire cost of such change, including the cost of revising the Tenant’s Plans or preparing new plans, Working Drawings shall be borne required to be removed by Tenant at Tenant. 3.4. It shall be Tenant’s 's sole responsibility that costs, upon the Tenant’s Plans and construction expiration of the New Expansion comply with all applicable laws and governmental requirements, and all covenants, conditions, and restrictions Term and/or surrender of record affecting the Premises, and to procure and deliver to Landlord, upon request, all such licenses, permits and approvals from all governmental authorities and/or third parties as are necessary to permit the New Expansion to be commenced, continued to completion, and later occupied. Notwithstanding anything to the contrary contained 119468.000201 4888-8619-0636.9 DocuSign Envelope ID: BA370BF0-6559-47BF-93FD-5271BD02FEF9 herein or in the Lease, prior to Tenant’s commencement and completion of the New Expansion, Tenant acknowledges and agrees that Berkeley County, South Carolina requires Landlord, on behalf of Tenant, to execute, submit, and record with the Berkeley County, South Carolina Office of the Register of Deeds a certain Covenants for Permanent Maintenance of Stormwater Systems (“Stormwater Covenants”) to ensure the New Expansion’s compliance with Berkeley County’s stormwater management program. Pursuant to and in accordance with the terms and provisions of Section 1.1(c), Section 2.2(e), and all other applicable provisions of the Lease, Tenant acknowledges and agrees that Landlord has provided timely advance written notice to Tenant, and a copy of the proposed Stormwater Covenants, regarding L▇▇▇▇▇▇▇’s intent to execute and record said Stormwater Covenants, and by its execution hereof Tenant hereby consents to L▇▇▇▇▇▇▇’s execution and recordation of the Stormwater Covenants with the Berkeley County, South Carolina Office of the Register of Deeds.

Appears in 1 contract

Sources: Industrial Lease (Silicon Gaming Inc)

Plans and Specifications. 3.1. Tenant shall employ consultants, including but not limited to Annexed hereto as Exhibit C-1 is a matrix showing the proposed architect for the New Expansion (the “Consultants”), designated by Tenant for the preparation of the necessary architectural, mechanical and electrical plans, drawings, construction schedule, and specifications pertaining to the New Expansion, provided, however, that all such Consultants shall be subject to the advance written approval elements of Landlord, not unreasonably withheld, conditioned, or delayed's Work and ▇▇▇▇▇▇'s Work. Tenant shall furnish Landlord with architectural and design plans and specifications (the “Tenant’s Plans”) prepared first in preliminary form (the “Preliminary Plans”), and thereafter in working form (the “Working Drawings”), which shall cover, describe and depict the New Expansion. All Tenant’s Plans shall meet the requirements set forth in Schedule I attached hereto. 3.2. Upon submission of the Tenant’s Plans for the New Expansion, Landlord shall review the Tenant’s Plans and shall either approve the Tenant’s Plans or advise Tenant in writing of any aspect of the design, engineering, construction or installation which is not acceptable to Landlord. Landlord shall advise Tenant of its approval or comments on the Tenant’s Plans within fifteen (15) days after L▇▇▇▇▇▇▇’s receipt of the Tenant’s Plans. In the event that Landlord shall disapprove of any portion of the Tenant’s Plans, ▇ has prepared and delivered to Tenant shall have seven Landlord's plans and specifications (7) days after "Landlord’s notification of its disapproval to revise the Tenant’s 's Plans and resubmit them Specifications") for Landlord's Work. The same have been approved by Tenant. All of Landlord's Work shall be performed in accordance with Landlord's Plans and Specifications. ▇▇▇▇▇▇ agrees to deliver to Landlord by April 1, 2002 schematic and design plans (herein called "Schematic Tenant Plans") for the work to be undertaken to prepare the Premises for Tenant's use and occupancy by ▇▇▇▇▇▇ (the "Tenant Work") for Landlord, and Landlord shall thereafter have ten (10) to 's review and either approve or disapprove such revised Tenant’s Plans. In the event Landlord fails to approve or disapprove the Tenant’s Plans or any changes thereto within the time period set forth above, then such items shall be deemed not approved. 3.3. After approval of the Tenant’s Plans or any portion thereof, Tenant shall not in any way modify, revise or change the approved Tenant’s Plans without the prior written consent of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. If Landlord approves such requestshall cooperate reasonably with Tenant and its architect in connection with the preparation of the Schematic Tenant Plans, including, without limitation, providing copies of the entire cost Landlord's Plans and Specifications and any other information relating to the Building and the Landlord's Work as Tenant or its architect may reasonably request and permitting Tenant or its architect reasonable access to the Building and the Lot to take measurements and to perform inspections. Any submittal to Landlord which is not responded to by Landlord in writing within fifteen (15) business days of such changereceipt of the same (and with respect to any revised submittal, including within five (5) business days of receipt of the cost of revising the Tenant’s Plans or preparing new plans, same) shall be borne by Tenant. 3.4. It deemed approved provided that the submittal contains a statement at a prominent location and in bold type to the following effect: "If you do not respond to this submittal in writing within fifteen (15) business days [or five (5) business days, as applicable], this submittal shall be deemed approved." Tenant shall deliver to Landlord within the later of (i) April 1, 2002 or (ii) ninety (90) days after Landlord has approved Tenant’s sole responsibility 's approved Schematic Tenant Plans, construction drawings (herein called "Initial Tenant Plans") for the Tenant Work for Landlord's review and approval, which approval shall not be unreasonably withheld, conditioned or delayed; provided, however, Landlord may not disapprove any matter that is consistent with Tenant's approved Schematic Tenant Plans. Landlord shall cooperate reasonably with Tenant and its architect in connection with the Tenant’s Plans and construction preparation of the New Expansion comply with all applicable laws Initial Tenant Plans, including, without limitation, providing such information as Tenant or its architect may reasonably request and governmental requirements, and all covenants, conditions, and restrictions of record affecting the Premises, and to procure and deliver to Landlord, upon request, all such licenses, permits and approvals from all governmental authorities and/or third parties as are necessary to permit the New Expansion to be commenced, continued to completion, and later occupied. Notwithstanding anything permitting Tenant or its architect reasonable access to the contrary contained 119468.000201 4888-8619-0636.9 DocuSign Envelope ID: BA370BF0-6559-47BF-93FD-5271BD02FEF9 herein or in Building and the Lease, prior Lot to Tenant’s commencement take measurements and completion of the New Expansion, Tenant acknowledges and agrees that Berkeley County, South Carolina requires Landlord, on behalf of Tenant, to execute, submit, and record with the Berkeley County, South Carolina Office of the Register of Deeds a certain Covenants for Permanent Maintenance of Stormwater Systems (“Stormwater Covenants”) to ensure the New Expansion’s compliance with Berkeley County’s stormwater management program. Pursuant to and in accordance with the terms and provisions of Section 1.1(c), Section 2.2(e), and all other applicable provisions of the Lease, Tenant acknowledges and agrees that Landlord has provided timely advance written notice to Tenant, and a copy of the proposed Stormwater Covenants, regarding L▇▇▇▇▇▇▇’s intent to execute and record said Stormwater Covenants, and by its execution hereof Tenant hereby consents to L▇▇▇▇▇▇▇’s execution and recordation of the Stormwater Covenants with the Berkeley County, South Carolina Office of the Register of Deedsperform inspections.

Appears in 1 contract

Sources: Office Lease (Keane Inc)

Plans and Specifications. 3.1. As soon as reasonably practical after Tenant's execution of this Lease, Tenant shall employ consultantsfurnish and submit to Landlord's architect such information as Landlord's architect may request from Tenant to prepare plans, specifications and working drawings for the tenant improvements, including but not limited to the proposed architect for the New Expansion (the “Consultants”), designated by Tenant for the preparation of the necessary architectural, mechanical and electrical engineering plans, drawingsspecifications, construction scheduleworking drawings and details (collectively, "Final Plans"), including information regarding the location of all partitions, doors, light fixtures, electrical outlets, telephone outlets and specifications pertaining other standard and special installations required by Tenant, as well as wall finishes and floor coverings. Thereafter, the parties shall meet and confer as necessary to agree on the New ExpansionFinal Plans, provided, however, that all such Consultants which Final Plans shall be subject to the advance reasonable approval of both parties. Tenant's written approval of Landlord, not unreasonably withheld, conditioned, or delayed. Tenant shall furnish Landlord with architectural and design plans and specifications (the “Tenant’s Plans”) prepared first in preliminary form (the “Preliminary Plans”), and thereafter in working form (the “Working Drawings”), which shall cover, describe and depict the New Expansion. All Tenant’s Final Plans shall meet the requirements set forth in Schedule I attached hereto. 3.2. Upon submission of the Tenant’s Plans for the New Expansion, Landlord shall review the Tenant’s Plans and shall either approve the Tenant’s Plans or advise Tenant in writing of any aspect of the design, engineering, construction or installation which is not acceptable to Landlord. Landlord shall advise Tenant of its approval or comments on the Tenant’s Plans within fifteen (15) days after L▇▇▇▇▇▇▇’s receipt of the Tenant’s Plans. In the event that Landlord shall disapprove of any portion of the Tenant’s Plans, Tenant shall have seven (7) days after Landlord’s notification of its disapproval to revise the Tenant’s Plans and resubmit them to Landlord, and Landlord shall thereafter have ten (10) to review and either approve or disapprove such revised Tenant’s Plans. In the event Landlord fails to approve or disapprove the Tenant’s Plans or any changes thereto within the time period set forth above, then such items shall be deemed not approved. 3.3. After approval of the Tenant’s Plans or any portion thereof, Tenant shall not in any way modify, revise or change the approved Tenant’s Plans without the prior written consent of 's authorization for Landlord to proceed with Landlord, which shall not be unreasonably withheld, conditioned or delayed. If Landlord approves such request, the entire cost of such change, including the cost of revising the Tenant’s Plans or preparing new plans, shall be borne by Tenant. 3.4. It shall be Tenant’s sole responsibility that the Tenant’s Plans and construction of the New Expansion comply with all applicable laws and governmental requirements, and all covenants, conditions, and restrictions of record affecting the Premises, and to procure and deliver to Landlord, upon request, all such licenses, permits and approvals from all governmental authorities and/or third parties as are necessary to permit the New Expansion to be commenced, continued to completion, and later occupied. Notwithstanding anything to the contrary contained 119468.000201 4888-8619-0636.9 DocuSign Envelope ID: BA370BF0-6559-47BF-93FD-5271BD02FEF9 herein or in the Lease, prior to Tenant’s commencement and completion of the New Expansion, Tenant acknowledges and agrees that Berkeley County, South Carolina requires Landlord, on behalf of Tenant, to execute, submit, and record with the Berkeley County, South Carolina Office of the Register of Deeds a certain Covenants for Permanent Maintenance of Stormwater Systems 's Work (“Stormwater Covenants”defined below) to ensure the New Expansion’s compliance with Berkeley County’s stormwater management program. Pursuant to and in accordance with the approved Final Plans. Landlord shall not be obligated to proceed with Landlord's Work until both Landlord and Tenant have approved the Final Plans. As used herein, the term "Landlord's Work" shall mean the work contemplated by the Final Plans and the term "Improvement Costs" shall mean the cost of the Landlord's Work as performed in accordance with the Final Plans. In addition, as soon as reasonably practical after Tenant's execution of this Lease, Landlord and Tenant shall agree upon the interim improvements (the "Interim Improvements") to be constructed by Landlord in the first floor of the Premises to accommodate the occupancy of Passport Design, Inc. ("Passport") pursuant to the terms and provisions of Section 1.1(cthe sublease for the first floor to Passport (the "Passport Sublease"), Section 2.2(e), to be entered into by Tenant and all other applicable provisions Passport concurrently with the execution of this Lease. The plans for the Interim Improvements shall be subject to the reasonable approval of both parties. In connection with the construction of the Leasetenant improvements referred to in Paragraph 1 above and the Interim Improvements, Tenant acknowledges the parties hereto acknowledge and agrees agree that Landlord has provided timely advance written notice to Tenant, and a copy the lobby in the first floor of the proposed Stormwater Covenants, regarding L▇▇▇▇▇▇▇’s intent Premises will consist of a common area foyer and two 50 doors for separate access to execute and record said Stormwater Covenants, and by its execution hereof Tenant hereby consents to L▇▇▇▇▇▇▇’s execution and recordation the second floor of the Stormwater Covenants with Premises and the Berkeley County, South Carolina Office first floor of the Register Premises to be occupied by Passport pursuant to the Passport Sublease. Neither preparation of Deedsplans by Landlord's architect, engineer or consultant nor any approval thereof by Landlord shall constitute any representation or warranty by or on behalf of Landlord as to the adequacy, efficiency, suitability, fitness or desirability of any space layout or improvements or otherwise constitute assumption by Landlord of any responsibility for the accuracy or sufficiency thereof, or be interpreted as a statement of compliance with code requirements, provided that nothing herein shall abrogate or impair any rights of Tenant against such architect, engineer or consultant on account of any errors or omissions.

Appears in 1 contract

Sources: Office Lease (Odwalla Inc)

Plans and Specifications. 3.1. 1.1.1 Tenant shall employ consultants, including but not limited professionals reasonably satisfactory to the proposed architect Landlord for the New Expansion (the “Consultants”), designated by Tenant for the preparation of the necessary architectural, mechanical and electrical plans, drawings, construction schedule, drawings and specifications pertaining to the New Expansionconstruction work which Tenant intends to perform in the Premises following the Effective Date (“Tenant’s Extended Term Work”). Tenant, providedat its expense, however, that all such Consultants shall be subject to the advance written approval of Landlord, not unreasonably withheld, conditioned, or delayed. Tenant shall furnish Landlord with architectural and design plans and specifications (the “Tenant’s TI Plans”) prepared first in preliminary form (the “Preliminary TI Plans”), and thereafter in working form (the “Working TI Drawings”), which and covering the Tenant’s Extended Term Work. Tenant shall cover, describe pay all costs and depict expenses relating to Tenant’s TI Plans (subject to Landlord’s obligations with respect to the New ExpansionSecond Amendment TI Allowance (as defined below)). All Tenant’s TI Plans shall meet the requirements set forth in Schedule I attached heretoII to Exhibit B of the Lease. 3.2. 1.1.2 Upon submission submittal of the any portion of Tenant’s Plans for the New ExpansionTI Plans, Landlord shall review the Tenant’s TI Plans and shall either approve the Tenant’s TI Plans or advise Tenant in writing of any aspect of the design, engineering, construction or installation which is not acceptable to Landlord. Landlord’s approval of Tenant’s TI Plans shall not be unreasonably withheld, conditioned or delayed. Landlord shall advise Tenant of its approval or comments on the Tenant’s TI Plans within fifteen ten (1510) business days after L▇▇▇▇▇▇▇Landlord’s receipt of the Tenant’s TI Plans. In the event that Landlord shall disapprove of any portion of the Tenant’s TI Plans, Tenant shall have seven fifteen (715) business days after Landlord’s notification of its disapproval to revise the Tenant’s TI Plans and resubmit them to Landlord, and Landlord shall thereafter have ten (10) to review and either approve or disapprove such revised Tenant’s Plans. In the event Landlord fails to approve or disapprove the Tenant’s TI Plans or any changes thereto within the time period set forth above, then and if such items failure continues thereafter for five (5) business days after Landlord’s receipt of a second notice from Tenant requesting action on Tenant’s TI Plans, Tenant’s TI Plans or the changes shall be deemed not to be approved. 3.3. 1.1.3 After approval of the Tenant’s TI Plans or any portion thereof, Tenant shall not in any way materially modify, revise or change the approved such Tenant’s TI Plans without the prior written consent of Landlord, which shall not to be unreasonably withheld, conditioned or delayed. If Landlord approves such request, the entire cost of such change, including the cost of revising the Tenant’s TI Plans or preparing new plans, shall be borne by TenantTenant (subject to Landlord’s obligations with respect to the Second Amendment TI Allowance (as defined below)). 3.4. It 1.1.4 Except for such matters, if any, as shall have been required by Landlord and not requested by Tenant, it shall be Tenant’s sole responsibility that the Tenant’s TI Plans and construction of the New Expansion comply with all applicable laws governmental and governmental requirements, municipal codes and all covenants, conditions, and restrictions of record affecting the Premises, regulations and to procure and deliver to Landlord, Landlord upon request, written request all such licenses, permits and approvals from all governmental authorities and/or third parties as are necessary to permit the New Expansion Tenant’s Extended Term Work to be commenced, commenced and continued to completion, and later occupied. Notwithstanding anything to the contrary contained 119468.000201 4888-8619-0636.9 DocuSign Envelope ID: BA370BF0-6559-47BF-93FD-5271BD02FEF9 herein or in the Lease, prior to Tenant’s commencement and completion of the New Expansion, Tenant acknowledges and agrees that Berkeley County, South Carolina requires Landlord, on behalf of Tenant, to execute, submit, and record with the Berkeley County, South Carolina Office of the Register of Deeds a certain Covenants for Permanent Maintenance of Stormwater Systems (“Stormwater Covenants”) to ensure the New Expansion’s compliance with Berkeley County’s stormwater management program. Pursuant to and in accordance with the terms and provisions of Section 1.1(c), Section 2.2(e), and all other applicable provisions of the Lease, Tenant acknowledges and agrees that Landlord has provided timely advance written notice to Tenant, and a copy of the proposed Stormwater Covenants, regarding L▇▇▇▇▇▇▇’s intent to execute and record said Stormwater Covenants, and by its execution hereof Tenant hereby consents to L▇▇▇▇▇▇▇’s execution and recordation of the Stormwater Covenants with the Berkeley County, South Carolina Office of the Register of Deeds.

Appears in 1 contract

Sources: Lease (Alnylam Pharmaceuticals, Inc.)

Plans and Specifications. 3.1. Tenant shall employ consultantsBefore the Lease reference date, including but not limited Landlord has caused TEF Architecture and Interior Design, Inc. (“Architect”) to the proposed architect prepare and submit to City for its approval a space plan for the New Expansion Leasehold Improvements based on City’s program requirements for use of the Premises. City hereby approves the space plan dated , 2017 (the “ConsultantsApproved Space Plan)) attached hereto as Exhibit F. Immediately following the Effective Date of this Lease (as defined in Immediately following City’s approval (or deemed approval) of the Pricing Plans, designated based on the approved Pricing Plans and any adjustments authorized by Tenant City, Landlord shall cause final plans, specifications and working drawings for the preparation Leasehold Improvements to be prepared, in conformity with the requirements hereof. Landlord shall use commercially reasonable efforts to submit a copy of the necessary architectural, mechanical and electrical such final plans, drawings, construction schedule, specifications and specifications pertaining working drawings in sufficient detail to define the New Expansion, provided, however, that all work (the “Construction Drawings”) to City within sixty (60) days after the City’s approval of such Consultants Pricing Plans. The Construction Drawings shall be subject to the advance written City’s approval, which approval of Landlord, shall not be unreasonably withheld, conditioned, or delayed. Tenant City shall furnish Landlord with architectural and design plans and specifications (the “Tenant’s Plans”) prepared first in preliminary form (the “Preliminary Plans”), and thereafter in working form (the “Working Drawings”), which shall cover, describe and depict the New Expansion. All Tenant’s Plans shall meet the requirements set forth in Schedule I attached hereto. 3.2. Upon submission of the Tenant’s Plans for the New Expansion, Landlord shall review the Tenant’s Plans and shall either approve the Tenant’s Plans or advise Tenant in writing of any aspect of the design, engineering, construction or installation which is not acceptable to Landlord. Landlord shall advise Tenant of its approval or comments on the Tenant’s Plans within fifteen (15) days after L▇▇▇▇▇▇▇’s receipt of the Tenant’s Plans. In the event that Landlord shall disapprove of any portion of the Tenant’s Plans, Tenant shall have seven (7) days after Landlord’s notification of its disapproval to revise the Tenant’s Plans and resubmit them to Landlord, and Landlord shall thereafter have ten (10) business days to review and either approve of the Construction Drawings or disapprove such revised Tenantprovide Landlord with the revisions that City reasonably requires in order to obtain City’s Plansapproval. In If the event Landlord City fails to approve or disapprove the Tenant’s Plans or any changes thereto Construction Drawings within such ten-day period, the time period set forth above, then such items Construction Drawings shall be deemed not approved. 3.3. After As soon as reasonably possible and no later than ten (10) business days thereafter, Landlord shall submit to City revised Construction Drawings that incorporate the revisions required by City. City shall have five (5) business days to review and approve the revisions to the Construction Drawings (which approval of the Tenant’s Plans or any portion thereof, Tenant shall not in any way modify, revise or change the approved Tenant’s Plans without the prior written consent of Landlord, which shall not be unreasonably withheld, conditioned or delayed). If Landlord approves the City fails to approve or disapprove the revisions to the Construction Drawings within such requestfive-day period, the entire cost of such change, including revisions to the cost of revising the Tenant’s Plans or preparing new plans, Construction Drawings shall be borne deemed approved. The final Construction Drawings approved by Tenant. 3.4. It City shall be Tenant’s sole responsibility that referred to as the Tenant’s Plans and construction of the New Expansion comply with all applicable laws and governmental requirements, and all covenants, conditions, and restrictions of record affecting the Premises, and to procure and deliver to Landlord, upon request, all such licenses, permits and approvals from all governmental authorities and/or third parties as are necessary to permit the New Expansion to be commenced, continued to completion, and later occupied. Notwithstanding anything to the contrary contained 119468.000201 4888-8619-0636.9 DocuSign Envelope ID: BA370BF0-6559-47BF-93FD-5271BD02FEF9 herein or in the Lease, prior to Tenant’s commencement and completion of the New Expansion, Tenant acknowledges and agrees that Berkeley County, South Carolina requires Landlord, on behalf of Tenant, to execute, submit, and record with the Berkeley County, South Carolina Office of the Register of Deeds a certain Covenants for Permanent Maintenance of Stormwater Systems (Stormwater CovenantsConstruction Documents.) to ensure the New Expansion’s compliance with Berkeley County’s stormwater management program. Pursuant to and in accordance with the terms and provisions of Section 1.1(c), Section 2.2(e), and all other applicable provisions of the Lease, Tenant acknowledges and agrees that Landlord has provided timely advance written notice to Tenant, and a copy of the proposed Stormwater Covenants, regarding L▇▇▇▇▇▇▇’s intent to execute and record said Stormwater Covenants, and by its execution hereof Tenant hereby consents to L▇▇▇▇▇▇▇’s execution and recordation of the Stormwater Covenants with the Berkeley County, South Carolina Office of the Register of Deeds.

Appears in 1 contract

Sources: Office Lease

Plans and Specifications. 3.1. (a) The Tenant shall employ consultants, including but not limited to the proposed architect for the New Expansion (the “Consultants”), designated by Tenant for the preparation of the necessary architectural, mechanical and electrical plans, drawings, construction schedule, and specifications pertaining to the New Expansion, provided, however, that all such Consultants Improvements shall be subject to the advance written approval of Landlord, not unreasonably withheld, conditioned, or delayed. Tenant shall furnish Landlord completed in accordance with detailed architectural and design plans and material specifications (the “Tenant’s Plans”) prepared first in preliminary form (the “Preliminary Plans”), and thereafter in working form (the “Working Drawings”), which shall cover, describe be prepared and depict the New Expansion. All Tenant’s Plans shall meet the requirements set forth in Schedule I attached hereto. 3.2. Upon submission of the Tenant’s Plans for the New Expansion, Landlord shall review the Tenant’s Plans sealed by Tenants architect and shall either approve the Tenant’s Plans or advise Tenant in writing of any aspect of the design, engineering, construction or installation which is not acceptable to Landlord. Landlord shall advise Tenant of its approval or comments on the Tenant’s Plans within fifteen (15) days after L▇▇▇▇▇▇▇’s receipt of the Tenant’s Plans. In the event that Landlord shall disapprove of any portion of the Tenant’s Plans, Tenant shall have seven (7) days after Landlord’s notification of its disapproval to revise the Tenant’s Plans and resubmit them to Landlord, and Landlord shall thereafter have ten (10) to review and either approve or disapprove such revised Tenant’s Plans. In the event Landlord fails to approve or disapprove the Tenant’s Plans or any changes thereto within the time period set forth above, then such items shall be deemed not approved. 3.3. After approval of the Tenant’s Plans or any portion thereof, Tenant shall not in any way modify, revise or change the approved Tenant’s Plans without the prior written consent of by Landlord, which shall approval will not be unreasonably withheld, conditioned or delayeddelayed (collectively the “Plans and Specifications”). The Plans and Specifications shall include the following: (1) fully dimensioned architectural plan as necessary for the Tenant Improvements outlined in this Exhibit D; (2) electric/telephone outlet diagram as necessary for the Tenant Improvements outlined in this Exhibit D; (3) reflective ceiling plan with light switches as necessary for the Tenant Improvements outlined in this Exhibit D; (4) mechanical plan as necessary for the Tenant Improvements outlined in this Exhibit D; (5) electric power circuitry diagram as necessary for the Tenant Improvements outlined in this Exhibit D; (6) schematic plumbing riser diagram (if any); (7) all color and finish selections; (8) all special equipment and fixture specifications; and (9) LPD calculations in the form set forth in the User’s Manual. (b) Following Tenant’s architect’s preparation of the Plans and Specifications, Tenant shall submit the Plans and Specifications to Landlord and Landlord’s property manager for Landlord’s review. Landlord shall then have a period of not more than six (6) business days (or three (3) business days, with respect to Space Plans) following such submittal in which to review and approve the Plans and Specifications or state any objections in sufficient detail so as to allow necessary modifications by Tenant’s architect. If the Plans and Specifications are disapproved, Tenant shall have ten (10) days to submit its revisions to the Plans and Specifications to Landlord, and Landlord shall then have four (4) business days after receipt to review and approve such revised Plans and Specifications or state any objections in sufficient detail so as to allow any further necessary modifications by Tenant’s architect. The above- referenced procedure shall continue until Landlord approves of the Plans and Specifications. Landlord’s failure to provide approval or disapproval of any Plans and Specifications or advise Tenant of revisions or corrections thereto within such requestreview periods, the entire cost which failure is not cured within two (2) business days following receipt of such change, including the cost of revising the Tenant’s Plans or preparing new plansa second Tenant notice to Landlord, shall be borne by Tenantdeemed to constitute Landlord’s approval of the proposed Plans and Specifications. 3.4(c) Landlord has furnished to Tenant, AutoCad Files in Microstation “Autodesk Design” format, Version 2000, identified as “MetWest International Office Building One” dated February 11, 2008 and prepared by TVS Florida, Inc., Architecture. It Within twenty (20) business days following the Date of Lease, Landlord shall be Tenant’s sole responsibility that furnish to Tenant the Tenant’s Plans as-built plans and construction of the New Expansion comply specifications (in CAD format) with all applicable laws and governmental requirements, and all covenants, conditions, and restrictions of record affecting the Premises, and to procure and deliver to Landlord, upon request, all such licenses, permits and approvals from all governmental authorities and/or third parties as are necessary to permit the New Expansion to be commenced, continued to completion, and later occupied. Notwithstanding anything respect to the contrary contained 119468.000201 4888-8619-0636.9 DocuSign Envelope ID: BA370BF0-6559-47BF-93FD-5271BD02FEF9 herein or Building and the existing improvements in the Lease, prior to Tenant’s commencement and completion of Premises (the New Expansion, Tenant “As-Built CAD Plans”). Landlord acknowledges and agrees that Berkeley CountyTenant is entitled to reasonably and in good faith rely on the As-Built CAD Plans delivered to Tenant pursuant to this subparagraph (c) as a basis for the design, South Carolina requires Landlord, on behalf of Tenant, engineering and construction related to execute, submitthe Tenant Improvements, and record with in the Berkeley County, South Carolina Office event of any material inaccuracy in the As-Built CAD Plans that proximately causes (i) an increase in the total cost of the Register of Deeds a certain Covenants for Permanent Maintenance of Stormwater Systems (“Stormwater Covenants”) to ensure the New Expansion’s compliance with Berkeley County’s stormwater management program. Pursuant to and in accordance with the terms and provisions of Section 1.1(c)Tenant Improvements, Section 2.2(e), Landlord will take any and all other applicable provisions reasonable steps to enforce any available rights to recover such increased costs from the architect(s) that prepared the As-Built CAD Plans, or (ii) a delay in Substantial Completion of the Lease, Tenant’s Improvements and the date that Tenant acknowledges and agrees that Landlord has provided timely advance written notice intended to Tenant, and a copy occupy any or all of the proposed Stormwater CovenantsPremises absent such material inaccuracy, regarding L▇▇▇▇▇▇▇’s intent such delay shall constitute a Landlord Delay pursuant to execute and record said Stormwater Covenants, and by its execution hereof Tenant hereby consents to L▇▇▇▇▇▇▇’s execution and recordation of the Stormwater Covenants with the Berkeley County, South Carolina Office of the Register of DeedsSection 6 below.

Appears in 1 contract

Sources: Lease Agreement (PBSJ Corp /Fl/)

Plans and Specifications. 3.12.1. No work shall commence in the Premises until: (i) the Lease is duly signed by ▇▇▇▇▇▇ and Landlord, and (ii) Landlord gives written approval, which shall not be unreasonably withheld, to Tenant’s plans and specifications for the Improvements. 2.2. Tenant may engage, at Tenant’s sole expense, ▇▇▇▇▇▇’s Architect, which firm is hereby approved by Landlord. ▇▇▇▇▇▇’s Architect will promptly prepare the Design Development Drawings. Tenant will be responsible for delivery of the Design Development Drawings to Landlord. 2.3. From the Design Development Drawings, Tenant will, through Tenant’s Engineer, provide Landlord with mechanical and electrical plans and related specifications which collectively comprise the MEP Drawings. Tenant shall employ consultantsdirect Tenant’s Engineer to provide to Landlord the MEP Drawings. Tenant shall retain a firm to be approved by Landlord as ▇▇▇▇▇▇’s Engineer, including but not limited provided that such firm’s fees are competitive and that it will be able to work in accordance with the proposed architect Construction Schedule. 2.4. From the Design Development Drawings and the MEP Drawings, Tenant’s Architect shall prepare the Construction Drawings. Tenant shall be responsible for the New Expansion (the “Consultants”), designated by Tenant for the preparation delivery of the necessary architectural, Construction Drawings in accordance with the Construction Schedule. The Construction Drawings shall include mechanical and electrical plansdrawings and decorating plans showing the location of partitions, drawingsreflected ceiling plans including light fixtures, construction scheduleelectrical outlets, telephone outlets, sprinklers, doors, wall finishes, floor coverings, and specifications pertaining all other Improvements to the New Expansion, provided, however, that all such Consultants be installed Tenant. The Design Development Drawings and Construction Drawings are referred to herein as “Tenant’s Plans.” 2.5. Tenant’s Plans shall be subject to the advance written Landlord’s approval, which approval of Landlord, shall not be unreasonably withheld, conditioned, or delayed. Tenant shall furnish If Landlord with architectural and design plans and specifications (the “disapproves Tenant’s Plans”) prepared first in preliminary form (the “Preliminary Plans”), and thereafter in working form (the “Working Drawings”), which shall cover, describe and depict the New Expansion. All Tenant’s Plans shall meet the requirements set forth in Schedule I attached hereto. 3.2. Upon submission of the Tenant’s Plans for the New Expansionor any portion thereof, Landlord shall review the Tenant’s Plans promptly notify Tenant thereof and shall either approve the Tenant’s Plans or advise Tenant in writing of any aspect of the designrevisions that Landlord reasonably requires in order to obtain Landlord’s approval. As promptly as reasonably possible thereafter, engineering, construction or installation which is not acceptable to Landlord. Landlord shall advise Tenant of its approval or comments on the Tenant’s Plans within fifteen but in no event later than fourteen (1514) days after L▇▇▇▇▇▇▇’s notice, Tenant shall submit to Landlord plans and specifications incorporating the revisions required by Landlord. Said revisions shall be subject to ▇▇▇▇▇▇▇▇’s approval, which shall not be unreasonably withheld. If Landlord shall not respond within ten (10) business days after receipt of the Tenant’s Plans. In the event that Landlord shall disapprove any set of any portion of the Tenant’s Plans, Tenant shall have seven (7) days after Landlord’s notification of its disapproval to revise the Tenant’s such Plans and resubmit them to Landlord, and Landlord shall thereafter have ten (10) to review and either approve or disapprove such revised Tenant’s Plans. In the event Landlord fails to approve or disapprove the Tenant’s Plans or any changes thereto within the time period set forth above, then such items shall be deemed not approvedapproved by Landlord. The final plans and specifications approved by Landlord shall be referred to as the “Final Plans. 3.3. After ” Tenant acknowledges that ▇▇▇▇▇▇▇▇’s review and approval of the Tenant’s Plans or is separate and different from any portion thereof, plan approval and other requirements which may be imposed by the applicable governmental entities with jurisdiction over the construction and use of the Premises. 2.6. If Tenant shall not request any change, addition or alteration in any way modifythe Final Plans, revise ▇▇▇▇▇▇’s Architect shall prepare and deliver to Landlord plans with respect to such change, addition or change alteration. As soon as practical, Landlord shall notify Tenant if it approves the approved Tenantrevised Final Plans which set forth the requested change, addition or alteration. ▇▇▇▇▇▇▇▇’s approval of the revised Final Plans without the prior written consent of Landlord, which shall not be unreasonably withheld, conditioned or delayed. If Landlord approves the revised Final Plans, then Tenant shall instruct the General Contractor to proceed as soon as reasonably practical thereafter. If Landlord does not approve such request, the entire cost of such change, including the cost of revising the Tenant’s Plans or preparing new additional plans, shall be borne by Tenant. 3.4. It shall be Tenant’s sole responsibility that the Tenant’s Plans and construction of the New Expansion comply with all applicable laws and governmental requirements, and all covenants, conditions, and restrictions of record affecting the Premises, and to procure and deliver to Landlord, upon request, all such licenses, permits and approvals from all governmental authorities and/or third parties as are necessary to permit the New Expansion to be commenced, continued to completion, and later occupied. Notwithstanding anything to the contrary contained 119468.000201 4888-8619-0636.9 DocuSign Envelope ID: BA370BF0-6559-47BF-93FD-5271BD02FEF9 herein or in the Lease, prior to Tenant’s commencement and completion of the New Expansion, Tenant acknowledges and agrees that Berkeley County, South Carolina requires Landlord, on behalf of Tenant, to execute, submit, and record with the Berkeley County, South Carolina Office of the Register of Deeds a certain Covenants for Permanent Maintenance of Stormwater Systems (“Stormwater Covenants”) to ensure the New Expansion’s compliance with Berkeley County’s stormwater management program. Pursuant to and Premises shall proceed in accordance with the terms and provisions of Section 1.1(c), Section 2.2(e), and all other applicable provisions of the Lease, Tenant acknowledges and agrees that previously approved Final Plans. 2.7. Although Landlord has provided timely advance written notice the right to Tenantreview, request revisions to and a copy of approve the proposed Stormwater CovenantsFinal Plans, regarding L▇▇▇▇▇▇▇’s intent sole interest in doing so is to execute protect the Building and record said Stormwater Covenants, and by its execution hereof Tenant hereby consents to L▇▇▇▇▇▇▇’s execution interest in the Building, and recordation Landlord is not in any way warranting or representing that ▇▇▇▇▇▇’s Final Plans are suitable for their intended use or comply with applicable laws and regulations. Landlord shall have no liability whatsoever in connection with ▇▇▇▇▇▇’s Final Plans, nor any responsibility for any omissions or errors contained therein. Accordingly, Tenant shall not rely upon ▇▇▇▇▇▇▇▇’s approval for any purpose other than for the purpose of acknowledging the consent of Landlord to proceed with the requested action, and Landlord shall incur no liability of any kind by reason of the Stormwater Covenants with the Berkeley County, South Carolina Office granting of the Register of Deedssuch approvals.

Appears in 1 contract

Sources: Lease Agreement

Plans and Specifications. 3.1. Tenant Landlord shall employ consultants, including but not limited to the proposed retain an architect for the New Expansion selected by Landlord (the “Consultants”), designated by Tenant "Architect") for the preparation of preliminary and final working architectural and engineering plans and specifications for the necessary architecturalTenant Improvements ("Final Plans and Specifications"). Tenant shall cooperate diligently with the Architect and shall furnish within ten (10) days after request therefor, mechanical all information required by the Architect for completion of the Final Plans and electrical plans, drawings, construction scheduleSpecifications, and specifications pertaining shall provide (in writing, if requested by Landlord), not later than three (3) business days after request therefor, any approval or disapproval of preliminary or Final Plans and Specifications which Tenant is permitted to give under this EXHIBIT B. Any written disapproval of Tenant shall set forth Tenant's specific objections thereto. If Tenant disapproves any matters subject to its review and approval, Landlord and Tenant, within three (3) business days after Landlord's receipt of such objections, shall meet and confer and negotiate in good faith to resolve such disputed matters. Landlord and Tenant shall indicate their approval of the Final Plans and Specifications by initialing them and attaching them to the New ExpansionLease as EXHIBIT B-1. Upon completion of the Final Plans and Specifications and approval thereof by Landlord and Tenant, providedLandlord will obtain subcontractor trade bids and furnish a cost breakdown to Tenant. At Tenant's request, howeverthe Final Plans and Specifications may be revised once as a result of Tenant's review of the cost breakdown, that all at Tenant's sole cost and expense. Any such Consultants revisions shall be subject to the advance written approval of Landlord, not unreasonably withheld, conditioned, or delayed. Tenant shall furnish Landlord with architectural and design plans and specifications (the “Tenant’s Plans”) prepared first in preliminary form (the “Preliminary Plans”)'s reasonable approval, and the amended Final Plans and Specifications, as approved by Landlord and Tenant, shall thereafter in working form (be deemed to be the “Working Drawings”), which shall cover, describe Final Plans and depict the New Expansion. All Tenant’s Plans shall meet the requirements set forth in Schedule I attached hereto. 3.2. Upon submission of the Tenant’s Plans Specifications for the New Expansion, Landlord shall review the Tenant’s Tenant Improvements. The amended Final Plans and Specifications shall either approve the Tenant’s Plans or advise be approved by Tenant (in writing of any aspect of the designwriting, engineering, construction or installation which is if requested by Landlord) not acceptable to later than three (3) business days after Landlord's request therefor. Landlord shall advise thereafter submit such amended Final Plans and Specifications to its contractor and subcontractor for re-bidding, and shall furnish a cost breakdown to Tenant. If the estimated Tenant of its approval or comments Improvements Cost, as determined by the bids based on the Tenant’s amended Final Plans within fifteen (15) days after L▇▇▇▇▇▇▇’s receipt and Specifications and the reasonably anticipated costs of other items constituting the Tenant’s Plans. In the event that Landlord shall disapprove of any portion of the Tenant’s PlansTenant Improvements Cost, result in an Excess Tenant Improvements Cost, then Tenant shall have seven (7) days after Landlord’s notification of its disapproval to revise the pay such Excess Tenant Improvements Cost as and when required by Paragraph 9.A. Tenant’s Plans and resubmit them to Landlord, and Landlord shall thereafter have ten (10) to review and either approve or disapprove such revised Tenant’s Plans. In the event Landlord fails 's failure to approve or disapprove the Tenant’s Plans or any changes thereto within the time period set forth above, then such items matters which Tenant shall be entitled to approve or disapprove pursuant to this Paragraph 4 shall be conclusively deemed not approved. 3.3. After to be approval of the Tenant’s Plans or any portion thereof, Tenant shall not in any way modify, revise or change the approved Tenant’s Plans without the prior written consent of Landlord, which shall not be unreasonably withheld, conditioned or delayed. If Landlord approves such request, the entire cost of such change, including the cost of revising the Tenant’s Plans or preparing new plans, shall be borne same by Tenant. 3.4. It shall be Tenant’s sole responsibility that the Tenant’s Plans and construction of the New Expansion comply with all applicable laws and governmental requirements, and all covenants, conditions, and restrictions of record affecting the Premises, and to procure and deliver to Landlord, upon request, all such licenses, permits and approvals from all governmental authorities and/or third parties as are necessary to permit the New Expansion to be commenced, continued to completion, and later occupied. Notwithstanding anything to the contrary contained 119468.000201 4888-8619-0636.9 DocuSign Envelope ID: BA370BF0-6559-47BF-93FD-5271BD02FEF9 herein or in the Lease, prior to Tenant’s commencement and completion of the New Expansion, Tenant acknowledges and agrees that Berkeley County, South Carolina requires Landlord, on behalf of Tenant, to execute, submit, and record with the Berkeley County, South Carolina Office of the Register of Deeds a certain Covenants for Permanent Maintenance of Stormwater Systems (“Stormwater Covenants”) to ensure the New Expansion’s compliance with Berkeley County’s stormwater management program. Pursuant to and in accordance with the terms and provisions of Section 1.1(c), Section 2.2(e), and all other applicable provisions of the Lease, Tenant acknowledges and agrees that Landlord has provided timely advance written notice to Tenant, and a copy of the proposed Stormwater Covenants, regarding L▇▇▇▇▇▇▇’s intent to execute and record said Stormwater Covenants, and by its execution hereof Tenant hereby consents to L▇▇▇▇▇▇▇’s execution and recordation of the Stormwater Covenants with the Berkeley County, South Carolina Office of the Register of Deeds.

Appears in 1 contract

Sources: Lease Agreement (Hybrid Networks Inc)

Plans and Specifications. 3.1. 2.1 Tenant shall employ consultants, including but not limited to the proposed architect for the New Expansion following persons (the “Consultants”), designated by Tenant ) for the preparation of the necessary architectural, mechanical and electrical plans, drawings, construction schedule, drawings and specifications (“Plans”) pertaining to the New Expansionconstruction work which Tenant intends to perform in the Premises in connection with T▇▇▇▇▇’s initial occupancy (the “Work”): Space Planning Drawings Architectural Working Drawings Mechanical Working Drawings Electrical Working Drawings or such other consultants designated by Tenant from time to time, provided, however, that all such Consultants shall be subject to with the advance written approval of Landlord, which shall not be unreasonably withheld, conditioned, withheld or delayed. Tenant Tenant, at its expense, shall furnish Landlord with architectural and design plans and specifications (the “Tenant’s Plans”) prepared first in preliminary form (the “Preliminary Plans”), and thereafter in working form (the “Working Drawings”), which and covering the Work. Tenant shall cover, describe pay all costs and depict the New Expansionexpenses relating to Tenant’s Plans. All Tenant’s Plans shall meet the requirements set forth in Schedule I attached hereto.I. Tenant shall deliver the completed Plans to Landlord in accordance with the following schedule: Space Plans Due Date: Preliminary Plans Due Date: Working Drawings Due Date: 3.2. 2.2 Upon submission submittal of the any portion of Tenant’s Plans for the New ExpansionPlans, Landlord shall review the Tenant’s Plans and shall either approve the Tenant’s Plans or advise Tenant in writing of any aspect of the design, engineering, construction or installation which is not acceptable to Landlord. Landlord shall advise Tenant of its approval or comments on the Tenant’s Plans within fifteen five (155) business days after L▇▇▇▇▇▇▇’s receipt of the Tenant’s Plans. In the event that Landlord shall disapprove of any portion of the Tenant’s Plans, Tenant shall have seven five (75) business days after Landlord’s notification of its disapproval to revise the Tenant’s Plans and resubmit them to Landlord, and Landlord shall thereafter have ten (10) to review and either approve or disapprove such revised Tenant’s Plans. In the event Landlord fails to approve or disapprove the Tenant’s Plans or any changes thereto within the time period set forth above, then and if such items failure continues thereafter for five (5) business days after L▇▇▇▇▇▇▇’s receipt of notice from Tenant requesting action on Tenant’s Plans, T▇▇▇▇▇’s Plans or the changes shall be deemed not to be approved. 3.3. 2.3 After approval of the Tenant’s Plans or any portion thereof, Tenant shall not in any way modify, revise or change the approved Tenant’s such Plans without the prior written consent of Landlord, which shall not be unreasonably withheld, conditioned or delayed. If Landlord approves such request, the entire cost of such change, including the cost of revising the Tenant’s Plans or preparing new plans, shall be borne by TenantTenant and any delay occasioned thereby shall not delay the Commencement Date. 3.4. It 2.4 Except for such matters, if any, as shall have been required by Landlord and not requested by Tenant, it shall be Tenant’s sole responsibility that the Tenant’s Plans and construction of the New Expansion comply with all applicable laws governmental and governmental requirements, municipal codes and all covenants, conditions, and restrictions of record affecting the Premises, regulations and to procure and deliver to Landlord, Landlord upon request, request all such licenses, permits and approvals from all governmental authorities and/or third parties as are necessary to permit the New Expansion Work to be commenced, commenced and continued to completion, completion and later the so constructed Premises to be occupied. Notwithstanding anything to the contrary contained 119468.000201 4888-8619-0636.9 DocuSign Envelope ID: BA370BF0-6559-47BF-93FD-5271BD02FEF9 herein or in the Lease, prior to Tenant’s commencement and completion of the New Expansion, Tenant acknowledges and agrees that Berkeley County, South Carolina requires Landlord, on behalf of Tenant, to execute, submit, and record with the Berkeley County, South Carolina Office of the Register of Deeds a certain Covenants for Permanent Maintenance of Stormwater Systems (“Stormwater Covenants”) to ensure the New Expansion’s compliance with Berkeley County’s stormwater management program. Pursuant to and in accordance with the terms and provisions of Section 1.1(c), Section 2.2(e), and all other applicable provisions of the Lease, Tenant acknowledges and agrees that Landlord has provided timely advance written notice to Tenant, and a copy of the proposed Stormwater Covenants, regarding L▇▇▇▇▇▇▇’s intent to execute and record said Stormwater Covenants, and by its execution hereof Tenant hereby consents to L▇▇▇▇▇▇▇’s execution and recordation of the Stormwater Covenants with the Berkeley County, South Carolina Office of the Register of Deeds.

Appears in 1 contract

Sources: Lease (Mti Technology Corp)

Plans and Specifications. 3.1. Tenant shall employ consultants, including but not limited provide to Landlord all design and engineering plans and specifications that describe the proposed architect for the New Expansion Tenant’s required improvements to Suite 125 (the “ConsultantsSuite 125 Work”), designated by . Landlord and Tenant for acknowledge that the preparation of the necessary architectural, mechanical and electrical plans, drawings, construction schedule, and specifications pertaining Suite 125 Work may include improvements to the New Expansion, provided, however, that all such Consultants shall be subject to the advance written approval of Landlord, not unreasonably withheld, conditioned, or delayed. Suite 150. 2.1 Tenant shall furnish deliver to Landlord with architectural for review and design plans and specifications (the “Tenant’s Plans”) prepared first in preliminary form (the “Preliminary Plans”)approval, and thereafter in working form (the “Working Drawings”), which shall cover, describe and depict the New Expansion. All Tenant’s Plans shall meet the requirements set forth in Schedule I attached hereto. 3.2. Upon submission of the Tenant’s Plans for the New Expansion, Landlord shall review the Tenant’s Plans and shall either approve the Tenant’s Plans or advise Tenant in writing of any aspect of the design, engineering, construction or installation which is not acceptable to Landlord. Landlord shall advise Tenant of its approval or comments on the Tenant’s Plans within fifteen (15) days after L▇▇▇▇▇▇▇the execution of this Fourth Amendment, preliminary space plans and specifications (the “Design Development Documents”) for the Space 125 Work showing in appropriate detail the proposed location of partitions, doors and millwork; door and hardware schedule, electrical communication and lighting plans, and roam finish schedule, and other relevant information for the installation of Tenant’s improvements to the Premises. Approval of the Design Development Documents shall not be unreasonably withheld, qualified, conditioned, or delayed. Landlord shall promptly review the Design Development Documents and notify Tenant in writing of any comments thereon, or proposed revisions thereto. Representatives of both parties shall promptly make themselves available to discuss and resolve any such comments or revisions, and such documents shall promptly be revised by Tenant to incorporate any agreed upon changes. 2.2 Tenant shall deliver to Landlord for pricing of construction costs for construction of the Suite 125 Work, within fifteen (15) days following receipt of the approved Design Development Documents, final design and engineering plans and specifications (the “Construction Documents”) which describe the Suite 125 Work and are based on the approved Design. Development Documents. 2.3 Tenant may, from time to time, submit to Landlord any changes or additions (“Change Order(s)”) to the Construction Documents desired by Tenant’s Plans. In the event that Landlord , which changes and additions shall disapprove of any portion of the Tenant’s Plans, Tenant shall have seven (7) days after be subject to Landlord’s notification of its disapproval to revise the Tenant’s Plans and resubmit them to Landlord, and Landlord shall thereafter have ten (10) to review and either approve or disapprove such revised Tenant’s Plans. In the event Landlord fails to approve or disapprove the Tenant’s Plans or any changes thereto within the time period set forth above, then such items shall be deemed not approved. 3.3. After approval of the Tenant’s Plans or any portion thereof, Tenant shall not in any way modify, revise or change the approved Tenant’s Plans without the prior written consent of Landlordapproval, which shall not be unreasonably withheld, conditioned qualified, conditioned, or delayed. If Landlord approves such requestSuch approval shall include Landlord’s written notice to Tenant of changes, the entire cost of such changeif any, including the cost of revising the Tenant’s Plans or preparing new plans, shall be borne by Tenant. 3.4. It shall be Tenant’s sole responsibility that the Tenant’s Plans and construction of the New Expansion comply with all applicable laws and governmental requirements, and all covenants, conditions, and restrictions of record affecting the Premises, and to procure and deliver to Landlord, upon request, all such licenses, permits and approvals from all governmental authorities and/or third parties as are necessary to permit the New Expansion to be commenced, continued to completion, and later occupied. Notwithstanding anything to the contrary contained 119468.000201 4888-8619-0636.9 DocuSign Envelope ID: BA370BF0-6559-47BF-93FD-5271BD02FEF9 herein or in Work Costs (defined below) and of anticipated delays, if any, to the Lease, prior to Tenant’s commencement and completion of the New ExpansionSuite 125 Work. Upon such approval, Tenant acknowledges and agrees that Berkeley County, South Carolina requires Landlord, on behalf of Tenant, shall promptly give Landlord notice to execute, submit, and record proceed or not to proceed with the Berkeley County, South Carolina Office of the Register of Deeds a certain Covenants for Permanent Maintenance of Stormwater Systems (“Stormwater Covenants”) Change Order. Tenant’s notice to ensure the New Expansion’s compliance with Berkeley County’s stormwater management program. Pursuant to and in accordance proceed with the terms Change Order shall be deemed Tenant’s acceptance of any revised Work Costs and provisions of Section 1.1(c), Section 2.2(e), specified Tenant Delays and all other applicable provisions of Tenant shall promptly revise the Lease, Tenant acknowledges and agrees that Landlord has provided timely advance written notice Construction Documents to Tenant, and a copy of the proposed Stormwater Covenants, regarding L▇▇▇▇▇▇▇’s intent to execute and record said Stormwater Covenants, and by its execution hereof Tenant hereby consents to L▇▇▇▇▇▇▇’s execution and recordation of the Stormwater Covenants with the Berkeley County, South Carolina Office of the Register of Deedsincorporate such changes or additions.

Appears in 1 contract

Sources: Purchase and Sale Agreement (Avago Technologies LTD)

Plans and Specifications. 3.1. A. Tenant shall employ consultants, including but not limited to the proposed architect for the New Expansion following persons (the “Consultants”), designated by Tenant ) for the preparation of the necessary architectural, mechanical and electrical plans, drawings, construction schedule, drawings and specifications pertaining to the New Expansionconstruction work which Tenant intends to perform in the Premises in connection with Tenant’s initial occupancy (the “Work”): Architectural Working Drawings—▇▇▇▇▇▇ ▇▇▇▇▇▇ Architects Electrical Working Drawings—R & W Engineering Structural Engineer—▇▇▇ ▇▇▇▇▇▇ or such other consultants designated by Tenant from time to time, provided, however, that all such Consultants shall be subject to with the advance written approval of Landlord, which shall not be unreasonably withheld, conditioned, withheld or delayed. Tenant Tenant, at its expense, shall furnish Landlord with architectural and design plans and specifications (the “Tenant’s Plans”) prepared first in preliminary form (the “Preliminary Plans”), and thereafter in working form (the “Working Drawings”), which and covering the Work. Tenant shall cover, describe pay all costs and depict the New Expansionexpenses relating to Tenant’s Plans. All Tenant’s Plans shall meet the requirements set forth in Schedule I attached hereto.I. 3.2. B. Upon submission submittal of the any portion of Tenant’s Plans for the New ExpansionPlans, Landlord shall review the Tenant’s Plans and shall either approve the Tenant’s Plans or advise Tenant in writing of any aspect of the design, engineering, construction or installation which is not acceptable to Landlord. Landlord shall advise Tenant of its approval or comments on the Tenant’s Plans within fifteen five (155) business days after L▇▇▇▇▇▇▇Landlord’s receipt of the Tenant’s Plans; provided, however, Landlord shall have ten (10) business days to advise Tenant of its approval or comments on any portion of Tenant’s plans that require material changes to the roof or structure of the Building or to electrical, life safety, plumbing or mechanical building systems. In the event that Landlord shall disapprove of any portion of the Tenant’s Plans, Tenant shall have seven five (75) business days after Landlord’s notification of its disapproval to revise the Tenant’s Plans and resubmit them to Landlord, and Landlord shall thereafter have ten (10) to review and either approve or disapprove such revised Tenant’s Plans. In the event Landlord fails to approve or disapprove the Tenant’s Plans or any changes Initials ▇-▇ thereto within the time period set forth above, then and if such items failure continues thereafter for five (5) business days after Landlord’s receipt of notice from Tenant requesting action on Tenant’s Plans, Tenant’s Plans or the changes shall be deemed not to be approved. 3.3. C. After approval of the Tenant’s Plans or any portion thereof, Tenant shall not in any way modify, revise or change the approved Tenant’s such Plans without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned withheld or delayed. If Landlord approves such request, the entire cost of such change, including the cost of revising the Tenant’s Plans or preparing new plans, shall be borne by TenantTenant and any delay occasioned thereby shall not delay the Commencement Date. 3.4. It D. Except for such matters, if any, as shall have been required by Landlord and not requested by Tenant, it shall be Tenant’s sole responsibility that the Tenant’s Plans and construction of the New Expansion comply with all applicable laws governmental and governmental requirements, municipal codes and all covenants, conditions, and restrictions of record affecting the Premises, regulations and to procure and deliver to Landlord, Landlord upon request, request all such licenses, permits and approvals from all governmental authorities and/or third parties as are necessary to permit the New Expansion Work to be commenced, commenced and continued to completion, completion and later the so constructed Premises to be occupied. E. Landlord has expressly approved the construction of an internal stairwell between the 14th and 15th floors. Notwithstanding anything to the contrary contained 119468.000201 4888-8619-0636.9 DocuSign Envelope ID: BA370BF0-6559-47BF-93FD-5271BD02FEF9 herein or in the Lease, prior to Tenant’s commencement and completion of the New Expansion, Tenant Landlord acknowledges and agrees that Berkeley Countyall future architectural work will be completed by Tenant’s architect, South Carolina requires Landlord, on behalf of Tenant, to execute, submit, and record with the Berkeley County, South Carolina Office of the Register of Deeds a certain Covenants for Permanent Maintenance of Stormwater Systems (“Stormwater Covenants”) to ensure the New Expansion’s compliance with Berkeley County’s stormwater management program. Pursuant to and in accordance with the terms and provisions of Section 1.1(c), Section 2.2(e), and all other applicable provisions of the Lease, Tenant acknowledges and agrees that Landlord has provided timely advance written notice to Tenant, and a copy of the proposed Stormwater Covenants, regarding L▇▇▇▇▇▇▇’s intent to execute and record said Stormwater Covenants, and by its execution hereof Tenant hereby consents to L▇▇▇▇▇▇▇’s execution ▇ Architects, and recordation of any fees will be paid from the Stormwater Covenants with the Berkeley County, South Carolina Office of the Register of DeedsTenant Improvement Allowance.

Appears in 1 contract

Sources: Lease (Tripwire Inc)

Plans and Specifications. 3.1. Tenant shall employ consultants, including but not limited deliver the Plans and Specifications to Landlord for Landlord’s approval. Within ten (10) Business Days after Tenant delivers the proposed architect for the New Expansion (the “Consultants”), designated by Tenant for the preparation of the necessary architectural, mechanical Plans and electrical plans, drawings, construction schedule, and specifications pertaining Specifications to the New Expansion, provided, however, that all such Consultants shall be subject to the advance written approval of Landlord, not unreasonably withheld, conditioned, or delayed. Tenant shall furnish Landlord with architectural and design plans and specifications (the “Tenant’s Plans”) prepared first in preliminary form (the “Preliminary Plans”), and thereafter in working form (the “Working Drawings”), which shall cover, describe and depict the New Expansion. All Tenant’s Plans shall meet the requirements set forth in Schedule I attached hereto. 3.2. Upon submission of the Tenant’s Plans for the New Expansion, Landlord shall review the Tenant’s Plans and shall either approve the Tenant’s Plans or advise Tenant in writing of any aspect of the design, engineering, construction or installation which is not acceptable to Landlord. Landlord shall advise Tenant of its Landlord’s approval or comments on disapproval of the TenantPlans and Specifications (which disapproval shall specify Landlord’s Plans reasonable objections in sufficient detail so that Tenant can make the necessary revisions to satisfy such reasonable objections). If Landlord fails to give its written objections to Tenant within fifteen such period, Tenant shall deliver to Landlord an additional notice requesting Landlord’s approval or objections, which notice must state “SECOND AND FINAL REQUEST” in at least 12 font bold print at the top of the first page of the notice. If Landlord fails to give Tenant Landlord’s written objections within three (153) days Business Days after L▇▇▇▇▇▇▇’s receipt of the Tenantsecond notice, then Landlord shall be deemed to have approved the plans as then submitted to Landlord. Tenant shall revise the proposed Plans and Specifications to meet Landlord’s Plansreasonable objections and deliver the revised Plans and Specifications to Landlord for Landlord’s approval. In reviewing the event resubmitted Plans and Specifications, Landlord may only consider those parts of the Plans and Specifications that address Landlord’s reasonable objections thereto; it being agreed that the other portions of the Plans and Specifications (i.e., those portions that Landlord shall disapprove of any portion of the Tenant’s Plans, Tenant shall have seven (7did not previously object to) days after Landlord’s notification of its disapproval to revise the Tenant’s Plans and resubmit them to Landlord, and Landlord shall thereafter have will be deemed approved. Within ten (10) Business Days after Tenant delivers the revised Plans and Specifications to review Landlord, Landlord shall advise Tenant of Landlord’s approval or disapproval of the revised Plans and either approve or disapprove Specifications (which disapproval shall specify Landlord’s reasonable objections in sufficient detail so that Tenant can make the necessary revisions to satisfy such revised Tenant’s Plansreasonable objections). In the event If Landlord fails to approve give its written objections to Tenant within such period, Tenant shall deliver to Landlord an additional notice requesting Landlord’s approval or disapprove objections, which notice must state “SECOND AND FINAL REQUEST” in at least 12 font bold print at the Tenanttop of the first page of the notice. If Landlord fails to give Tenant Landlord’s Plans or any changes thereto written objections within two (2) Business Days after receipt of the time period set forth abovesecond notice, then such items Landlord shall be deemed to have approved the plans as then submitted to Landlord. Tenant and Landlord shall continue to follow the revision, delivery and notice of objections procedure and schedule set forth above (based on the turnaround and the double notice provisions) until Landlord approves (or is deemed to have approved) the Plans and Specifications. Landlord will not approved. 3.3. After unreasonably withhold its approval of the Tenant’s Plans or any portion thereof, Tenant shall not in any way modify, revise or change the approved Tenant’s Plans without the prior written consent of Landlord, which shall not be unreasonably withheld, conditioned or delayed. If Landlord approves such request, the entire cost of such change, including the cost of revising the Tenant’s Plans or preparing new plans, shall be borne by Tenant. 3.4. It shall be Tenant’s sole responsibility that the Tenant’s Plans and construction of the New Expansion comply with all applicable laws and governmental requirements, and all covenants, conditions, and restrictions of record affecting the Premises, and to procure and deliver to Landlord, upon request, all such licenses, permits and approvals from all governmental authorities and/or third parties as are necessary to permit the New Expansion to be commenced, continued to completion, and later occupied. Notwithstanding anything to the contrary contained 119468.000201 4888-8619-0636.9 DocuSign Envelope ID: BA370BF0-6559-47BF-93FD-5271BD02FEF9 herein or in the Lease, prior to Tenant’s commencement and completion of the New Expansion, Tenant acknowledges and agrees that Berkeley County, South Carolina requires Landlord, on behalf of Tenant, to execute, submit, and record with the Berkeley County, South Carolina Office of the Register of Deeds a certain Covenants for Permanent Maintenance of Stormwater Systems (“Stormwater Covenants”) to ensure the New Expansion’s compliance with Berkeley County’s stormwater management program. Pursuant to and in accordance with the terms and provisions of Section 1.1(c), Section 2.2(e), and all other applicable provisions of the Lease, Tenant acknowledges and agrees that Landlord has provided timely advance written notice to Tenant, and a copy of the proposed Stormwater Covenants, regarding L▇▇▇▇▇▇▇’s intent to execute and record said Stormwater Covenants, and by its execution hereof Tenant hereby consents to L▇▇▇▇▇▇▇’s execution and recordation of the Stormwater Covenants with the Berkeley County, South Carolina Office of the Register of DeedsSpecifications.

Appears in 1 contract

Sources: Deed of Lease (FBR & Co.)

Plans and Specifications. 3.1. 2.1 Tenant shall employ consultants, including but not limited to the proposed architect for the New Expansion (the “Consultants”), designated by Tenant for the preparation of the necessary architectural, mechanical and electrical plans, drawings, construction schedule, drawings and specifications pertaining to the New Expansion, provided, however, that all such Consultants shall be subject construction work which Tenant intends to perform in the advance written Expansion Space in connection with Tenant’s initial occupancy (the “Work”) with the approval of Landlord, which shall not be unreasonably withheld, conditioned, withheld or delayed. Tenant Tenant, at its expense, shall furnish Landlord with architectural and design plans and specifications (the “Tenant’s Plans”) prepared first in preliminary form (the “Preliminary Plans”), and thereafter in working form (the “Working Drawings”), which and covering the Work. Tenant shall cover, describe pay all costs and depict the New Expansionexpenses relating to Tenant’s Plans. All Tenant’s Plans shall meet the requirements set forth in Schedule I attached hereto.I. 3.2. 2.2 Upon submission submittal of the any portion of Tenant’s Plans for the New ExpansionPlans, Landlord shall review the Tenant’s Plans and shall either approve the Tenant’s Plans or advise Tenant in writing of any aspect of the design, engineering, construction or installation which is not reasonably acceptable to Landlord. Landlord shall advise Tenant of its approval or comments on the Tenant’s Plans within fifteen (15) 10 days after L▇▇▇▇▇▇▇Landlord’s receipt of the Tenant’s Plans. In the event that Landlord shall disapprove of any portion of the Tenant’s Plans, Tenant shall have seven (7) 10 business days after Landlord’s notification of its disapproval to revise the Tenant’s Plans and resubmit them to Landlord, and Landlord shall thereafter have ten (10) to review and either approve or disapprove such revised Tenant’s Plans. In the event Landlord fails to approve or disapprove the Tenant’s Plans or any changes thereto within the time period set forth above, then such items Tenant’s Plans or the changes shall be deemed not to be approved. 3.3. 2.3 After approval of the Tenant’s Plans or any portion thereof, Tenant shall not in any way materially modify, revise or change the approved Tenant’s such Plans without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned withheld or delayed. If Landlord approves such request, the entire cost of such change, including the cost of revising the Tenant’s Plans or preparing new plans, shall be borne by TenantTenant and shall be reimbursable through Tenant improvement funding and any delay occasioned thereby shall not delay the Commencement Date. 3.4. It 2.4 Except for such matters, if any, as shall have been required by Landlord and not requested by Tenant, it shall be Tenant’s sole responsibility that the Tenant’s Plans and construction of the New Expansion comply with all applicable laws governmental and governmental requirements, municipal codes and all covenants, conditions, and restrictions of record affecting the Premises, regulations and to procure and deliver to Landlord, Landlord upon request, request all such /s/ RH licenses, permits and approvals from all governmental authorities and/or third parties as are necessary to permit the New Expansion Work to be commenced, commenced and continued to completion, completion and later the so constructed Premises to be occupied. Notwithstanding anything to the contrary contained 119468.000201 4888-8619-0636.9 DocuSign Envelope ID: BA370BF0-6559-47BF-93FD-5271BD02FEF9 herein or in the Lease, prior to Tenant’s commencement and completion of the New Expansion, Tenant acknowledges and agrees that Berkeley County, South Carolina requires Landlord, on behalf of Tenant, to execute, submit, and record with the Berkeley County, South Carolina Office of the Register of Deeds a certain Covenants for Permanent Maintenance of Stormwater Systems (“Stormwater Covenants”) to ensure the New Expansion’s compliance with Berkeley County’s stormwater management program. Pursuant to and in accordance with the terms and provisions of Section 1.1(c), Section 2.2(e), and all other applicable provisions of the Lease, Tenant acknowledges and agrees that Landlord has provided timely advance written notice to Tenant, and a copy of the proposed Stormwater Covenants, regarding L▇▇▇▇▇▇▇’s intent to execute and record said Stormwater Covenants, and by its execution hereof Tenant hereby consents to L▇▇▇▇▇▇▇’s execution and recordation of the Stormwater Covenants with the Berkeley County, South Carolina Office of the Register of Deeds.

Appears in 1 contract

Sources: Lease Agreement (BigBand Networks, Inc.)

Plans and Specifications. 3.11. Tenant shall employ consultants, including but not limited Attached as Schedule 1 to the proposed architect for the New Expansion (the “Consultants”), designated by Tenant for the preparation of the necessary architectural, mechanical and electrical plans, drawings, construction schedule, and specifications pertaining to the New Expansion, provided, however, that all such Consultants shall be subject to the advance written approval of Landlord, not unreasonably withheld, conditioned, or delayed. Tenant shall furnish Landlord with architectural and design this Exhibit G are Subtenant's preliminary plans and specifications ("Preliminary Plans") which describe that certain work to be performed by Subtenant to the “Tenant’s Plans”Building and the Demised Premises ("Subtenant's Work"). 2. Within forty-five (45) prepared first in preliminary form days after the Execution Date, Subtenant, at its sole cost and expense, shall cause its architect and civil engineer to prepare and deliver to Sublandlord for its approval working plans and specifications for the construction of Subtenant's Work (the "Working Plans") in as much detail as is reasonably required for Sublandlord to determine the scope and quality of Subtenant's Work. The Working Plans shall be consistent with the Preliminary Plans”), and thereafter in working form . Within ten (the “Working Drawings”), which shall cover, describe and depict the New Expansion. All Tenant’s Plans shall meet the requirements set forth in Schedule I attached hereto. 3.2. Upon submission 10) business days after receipt of the Tenant’s Plans for the New ExpansionWorking Plans, Landlord shall review the Tenant’s Plans and Sublandlord shall either approve the Tenant’s Subtenant's Working Plans or advise Tenant in writing of any aspect of deliver to Subtenant its specific objections to the design, engineering, construction or installation which is not acceptable Working Plans together with its proposed solution to Landlordeach objection. Landlord shall advise Tenant of its approval or comments on the Tenant’s Plans within fifteen (15) days after L▇▇▇▇▇▇▇’s receipt of the Tenant’s Plans. In the event that Landlord shall disapprove of any portion of the Tenant’s Plans, Tenant shall have seven (7) days after Landlord’s notification of its disapproval to revise the Tenant’s Plans and resubmit them to Landlord, and Landlord shall thereafter have ten (10) to review and either approve or disapprove such revised Tenant’s Plans. In the event Landlord fails to approve or disapprove the Tenant’s Plans or any changes thereto within the time period set forth above, then such items shall be deemed not approved. 3.3. After Sublandlord's approval of the Tenant’s Working Plans or any portion thereof, Tenant shall not in any way modify, revise or change the approved Tenant’s Plans without the prior written consent of Landlord, which shall not be unreasonably withheld, conditioned or delayed, and shall be approved to the extent that such Working Plans are consistent with the Preliminary Plans and provide for improvements of substantially the same quality and type as those constructed in Subtenant's prototypical locations. 3. If Landlord approves Subtenant and Sublandlord are unable to resolve Sublandlord's and Prime Landlord's objections to the Working Plans or the Final Plans (including, but not limited to, Subtenant's requirements for (i) its HVAC systems and equipment and (ii) its generator for its electrical systems, as reasonably required for Subtenant to conduct its business in the Demised Premises) within thirty (30) days after Subtenant has received notice of the objections (with both parties agreeing to attempt to resolve such requestdifferences in good faith), Sublandlord or Subtenant shall have the entire cost right, within thirty (30) days thereafter, to terminate this Sublease immediately by giving notice of such changetermination to the other. 4. As soon as practicable after Sublandlord's approval of the Working Plans, including the Subtenant, at its sole cost of revising the Tenant’s Plans or preparing new plansand expense, shall be borne by Tenant. 3.4. It shall be Tenant’s sole responsibility that the Tenant’s Plans and construction of the New Expansion comply with all applicable laws and governmental requirements, and all covenants, conditions, and restrictions of record affecting the Premises, and to procure prepare and deliver to LandlordSublandlord final plans and specifications, upon requestbased on the approved Preliminary Plans and Working Plans ("Final Plans") covering the items of construction and improvements that were included in the approved Preliminary Plans and the approved Working Plans ("Subtenant's Work"). 5. Subtenant shall as soon as reasonably practicable (i) submit the Final Plans to the appropriate governmental agencies; (ii) seek all necessary approvals and permits; (iii) pay all necessary fees incidental to Subtenant's Work; and (iv) furnish Sublandlord such evidence thereof as is satisfactory to Sublandlord. 6. Subtenant agrees to process any and all applications required from the city, all such licenses, permits county and approvals from all any other governmental authorities and/or third parties as are authority necessary to permit obtain the New Expansion permits required to be commenced, continued to completion, and later occupied. Notwithstanding anything to the contrary contained 119468.000201 4888-8619-0636.9 DocuSign Envelope ID: BA370BF0-6559-47BF-93FD-5271BD02FEF9 herein or in the Lease, prior to Tenant’s commencement and completion of the New Expansion, Tenant acknowledges and agrees that Berkeley County, South Carolina requires Landlord, on behalf of Tenant, to execute, submit, and record with the Berkeley County, South Carolina Office of the Register of Deeds a certain Covenants for Permanent Maintenance of Stormwater Systems (“Stormwater Covenants”) to ensure the New Expansion’s compliance with Berkeley County’s stormwater management program. Pursuant to and commence Subtenant's Work in accordance with the terms and provisions of Section 1.1(c), Section 2.2(e), and all other applicable provisions of the Lease, Tenant acknowledges and agrees that Landlord has provided timely advance written notice to Tenant, and a copy of the proposed Stormwater Covenants, regarding L▇▇▇▇▇▇▇’s intent to execute and record said Stormwater Covenants, and by its execution hereof Tenant hereby consents to L▇▇▇▇▇▇▇’s execution and recordation of the Stormwater Covenants with the Berkeley County, South Carolina Office of the Register of DeedsFinal Plans.

Appears in 1 contract

Sources: Sublease (Focal Communications Corp)

Plans and Specifications. 3.1Landlord and Tenant agree with respect to plans and specifications as follows: 1. Tenant shall employ consultantsThe plans and specifications, including but not limited shop drawings, to be used for Landlord's Work relating to the proposed architect for the New Expansion (the “Consultants”), designated by Tenant for the preparation of the necessary architectural, mechanical Premises and electrical plans, drawings, construction schedule, and specifications pertaining to the New Expansion, provided, however, that all such Consultants Common Areas shall be subject to the advance prior written approval of Landlord, not unreasonably withheld, conditioned, or delayed. Tenant shall furnish Landlord with architectural and design plans and specifications (the “Tenant’s Plans”) prepared first in preliminary form (the “Preliminary Plans”), and thereafter in working form (the “Working Drawings”), which shall cover, describe and depict the New Expansion. All Tenant’s Plans shall meet the requirements set forth in Schedule I attached hereto. 3.22. Upon submission Promptly following Tenant's delivery of the Tenant’s Plans for the New Expansion"Commencement Notice" defined in Paragraph N of this Exhibit C below, Landlord shall review submit to Tenant three (3) sets of complete working drawings for Landlord's Work (the Tenant’s "Preliminary Plans and Specifications") based on the Guideline Plans. Within twenty (20) days after receipt of the Preliminary Plans and Specifications, Tenant shall either approve the Tenant’s Plans or advise Tenant notify Landlord in writing of any aspect of the design, engineering, construction or installation which is not acceptable to Landlord. Landlord shall advise Tenant of its approval or comments on disapproval thereof (such approval not to be unreasonably withheld), in the Tenant’s Plans within latter event specifying the reasons therefor. Within fifteen (15) days after Lreceipt of Tenant's notice, Landlord shall resubmit the Preliminary Plans and Specifications for Tenant's approval appropriately modified to accommodate the objections, if any, contained in Tenant's notice. The Preliminary Plans and Specifications, as modified to accommodate Tenant's objections, shall be referred to as the "Final Plans and Specifications". Except at its own risk, Landlord shall not commence any portion of Landlord's Work relating to the Premises until the Final Plans and Specifications have been approved by Tenant. 3. Landlord and Tenant agree that any changes to the Final Plans and Specifications shall require the prior written approval of Tenant. Such written approval shall be in the form of a change order (a "Change Order") executed by Landlord and Tenant, and which must be executed on behalf of Tenant by either ▇▇▇▇▇▇▇’s receipt of the Tenant’s Plans. In the event that Landlord shall disapprove of any portion of the Tenant’s Plans, Tenant shall have seven (7) days after Landlord’s notification of its disapproval to revise the Tenant’s Plans and resubmit them to Landlord, and Landlord shall thereafter have ten (10) to review and either approve or disapprove such revised Tenant’s Plans. In the event Landlord fails to approve or disapprove the Tenant’s Plans or any changes thereto within the time period set forth above, then such items shall be deemed not approved. 3.3. After approval of the Tenant’s Plans or any portion thereof, Tenant shall not in any way modify, revise or change the approved Tenant’s Plans without the prior written consent of Landlord, which shall not be unreasonably withheld, conditioned or delayed. If Landlord approves such request, the entire cost of such change, including the cost of revising the Tenant’s Plans or preparing new plans, shall be borne by Tenant. 3.4. It shall be Tenant’s sole responsibility that the Tenant’s Plans and construction of the New Expansion comply with all applicable laws and governmental requirements, and all covenants, conditions, and restrictions of record affecting the Premises, and to procure and deliver to Landlord, upon request, all such licenses, permits and approvals from all governmental authorities and/or third parties as are necessary to permit the New Expansion to be commenced, continued to completion, and later occupied. Notwithstanding anything to the contrary contained 119468.000201 4888-8619-0636.9 DocuSign Envelope ID: BA370BF0-6559-47BF-93FD-5271BD02FEF9 herein or in the Lease, prior to Tenant’s commencement and completion of the New Expansion, Tenant acknowledges and agrees that Berkeley County, South Carolina requires Landlord, on behalf of Tenant, to execute, submit, and record with the Berkeley County, South Carolina Office of the Register of Deeds a certain Covenants for Permanent Maintenance of Stormwater Systems (“Stormwater Covenants”) to ensure the New Expansion’s compliance with Berkeley County’s stormwater management program. Pursuant to and in accordance with the terms and provisions of Section 1.1(c), Section 2.2(e), and all other applicable provisions of the Lease, Tenant acknowledges and agrees that Landlord has provided timely advance written notice to Tenant, and a copy of the proposed Stormwater Covenants, regarding L▇▇ ▇▇▇▇▇▇▇’s intent to execute and record said Stormwater Covenants, and by its execution hereof Tenant hereby consents to L▇ or ▇▇▇▇▇▇ ▇▇▇▇▇▇▇’s execution ▇▇▇▇▇▇ (the "Authorized Representatives"). The Authorized Representatives may be changed only by written notice given by Tenant pursuant to Section 31 of this Lease. Any Change Order must describe the change in Landlord's Work, the amount of any net increase or decrease in the cost of performance of Landlord's Work and recordation the agreed upon length of any "Tenant Delays" (as defined below) attributable to such change in Landlord's Work. If Tenant desires to make a change to the Stormwater Covenants Final Plans and Specifications, Tenant shall so notify Landlord, and Landlord, as promptly as feasible, shall provide Tenant with the Berkeley Countyproposed net increase or decrease in the cost of Landlord's Work (as determined pursuant to the Landlord's contract with the general contractor) and the proposed length of any Tenant Delays attributable to such change. If Landlord and Tenant mutually agree upon the net cost adjustment and length of Tenant Delays, South Carolina Office such agreement shall be set forth in a written Change Order, and Landlord shall proceed with the change in Landlord's Work. Landlord shall not proceed with such change in the absence of a mutual agreement evidenced by a written Change Order. Upon occurrence of "Substantial Completion" (as defined below), Landlord and Tenant will total up the Register net increases and/or decreases in the costs of DeedsLandlord's Work reflected in all Change Orders. If all Change Orders result in a net increase in the cost of Landlord's Work, Tenant shall pay Landlord the amount of such net increase within thirty (30) days after the date of Substantial Completion. If all Change Orders result in a net decrease in the cost of Landlord's Work, Tenant shall be entitled to a credit against the Base Rent initially payable under this Lease equal to the amount of such net decrease.

Appears in 1 contract

Sources: Deed of Lease (Amerigroup Corp)

Plans and Specifications. 3.1. Tenant shall employ consultants, including but not limited Landlord will make reasonable efforts to have the Architect deliver initial proposed architect for the New Expansion (the “Consultants”), designated by Tenant for the preparation of the necessary architectural, mechanical and electrical plans, drawings, construction schedule, and specifications pertaining to the New Expansion, provided, however, that all such Consultants shall be subject to the advance written approval of Landlord, not unreasonably withheld, conditioned, or delayed. Tenant shall furnish Landlord with architectural and design plans and specifications (the “Tenant’s Plans”) prepared first in preliminary form (the “Preliminary Plans”), and thereafter in working form (the “Working Drawings”), which shall cover, describe and depict the New Expansion. All Tenant’s Plans shall meet the requirements set forth in Schedule I attached hereto. 3.2. Upon submission of the Tenant’s Plans for the New ExpansionTenant Improvement Work to Tenant by November 30, 2012. Tenant will cooperate fully with Landlord shall review and the Tenant’s Plans Architect in preparing the proposed plans and shall either approve the Tenant’s Plans or advise specifications in order to complete them as soon as is reasonably practicable. Tenant in writing of any aspect of the design, engineering, construction or installation which is not acceptable to Landlord. Landlord shall advise Tenant of its approval or comments on the Tenant’s Plans within fifteen (15) days after L▇▇▇▇▇▇▇’s receipt of the Tenant’s Plans. In the event that Landlord shall disapprove of any portion of the Tenant’s Plans, Tenant shall have seven (7) days after Landlord’s notification of its disapproval to revise the Tenant’s Plans and resubmit them to Landlord, and Landlord shall thereafter have ten (10) to review and either will approve or disapprove such revised each set of proposed plans and specifications as soon as is reasonably practicable, but in any case within 10 business days after Landlord delivers them. Tenant acknowledges that if a final permit set of plans for the Phase 1 Tenant Improvements is not approved by Landlord and Tenant and ready to submit to the City for permits by December 15, 2012, Landlord will not be to deliver the Phase 1 Premises by March 1, 2013. Similarly, Tenant acknowledges that Landlord will not be able to deliver the Phase 2 Premises by July 1, 2013 if: (i) Architect is not able to deliver to Landlord and Tenant for approval an initial design development package of plans for the Connector Warm Shell Work and the Phase 2 Tenant Improvements by November 30, 2012, (ii) the final permit set of plans for the Connector Warm Shell Work is not approved by Landlord and Tenant and ready to submit to the City for permits by January 2, 2013, (iii) the final permit set of plans for the Phase 2 Tenant Improvements is not approved by Landlord and Tenant and ready to submit to the City by January 15, 2013. Landlord and Tenant agree to make all reasonable efforts to meet these dates. The plans and specifications that Landlord and Tenant approve for the Tenant Improvement Work are the “Approved Tenant Improvement Plans ”. Landlord’s and Tenant’s Plans. In the event Landlord fails to approve or disapprove the Tenant’s Plans or any changes thereto within the time period set forth above, then such items shall be deemed not approved. 3.3. After review and approval of the plans and specifications for the Tenant Improvement Work is not an agreement or confirmation by either party that the Approved Tenant Improvement Plans or the Tenant Improvements are fit for any particular purpose. Landlord agrees to pay for Tenant’s Plans or any portion thereof, Tenant shall not space planning meetings with Architect for up to $10,000 worth of planning work; this cost is in any way modify, revise or change addition to the approved Tenant’s Plans without the prior written consent of Landlord, which shall not be unreasonably withheld, conditioned or delayedAllowance. If Landlord approves such request, the entire cost of such change, including the cost of revising the Tenant’s Plans or preparing new plans, shall be borne by Tenant. 3.4. It shall be Tenant’s sole responsibility that the Tenant’s Plans All other space planning and construction architectural costs are part of the New Expansion comply with all applicable laws and governmental requirements, and all covenants, conditions, and restrictions of record affecting the Premises, and to procure and deliver to Landlord, upon request, all such licenses, permits and approvals from all governmental authorities and/or third parties as are necessary to permit the New Expansion to be commenced, continued to completion, and later occupied. Notwithstanding anything to the contrary contained 119468.000201 4888-8619-0636.9 DocuSign Envelope ID: BA370BF0-6559-47BF-93FD-5271BD02FEF9 herein or in the Lease, prior to Tenant’s commencement and completion of the New Expansion, Tenant acknowledges and agrees that Berkeley County, South Carolina requires Landlord, on behalf of Tenant, to execute, submit, and record with the Berkeley County, South Carolina Office of the Register of Deeds a certain Covenants for Permanent Maintenance of Stormwater Systems (“Stormwater Covenants”) to ensure the New Expansion’s compliance with Berkeley County’s stormwater management program. Pursuant to and in accordance with the terms and provisions of Section 1.1(c), Section 2.2(e), and all other applicable provisions of the Lease, Tenant acknowledges and agrees that Landlord has provided timely advance written notice to Tenant, and a copy of the proposed Stormwater Covenants, regarding L▇▇▇▇▇▇▇’s intent to execute and record said Stormwater Covenants, and by its execution hereof Tenant hereby consents to L▇▇▇▇▇▇▇’s execution and recordation of the Stormwater Covenants with the Berkeley County, South Carolina Office of the Register of DeedsImprovement Costs.

Appears in 1 contract

Sources: Lease Agreement (ServiceNow, Inc.)

Plans and Specifications. 3.1. Tenant shall employ consultants, including but not limited to the proposed architect for the New Expansion (the “Consultants”), designated by Tenant for the preparation of the necessary architectural, mechanical and electrical plans, drawings, construction schedule, and specifications pertaining to the New Expansion, provided, however, that all such Consultants shall be subject to the advance written approval of Landlord, not unreasonably withheld, conditioned, or delayed. Tenant shall furnish Landlord with architectural and design plans and specifications (the “Tenant’s Plans”) prepared first in preliminary form (the “Preliminary Plans”), and thereafter in working form (the “Working Drawings”), which shall cover, describe and depict the New Expansion. All Tenant’s Plans shall meet the requirements set forth in Schedule I attached hereto. 3.2. Upon submission of the Tenant’s Plans for the New Expansion, Landlord shall review the Tenant’s Plans and shall either approve the Tenant’s Plans or advise Tenant in writing of any aspect of the design, engineering, construction or installation which is not acceptable to Landlord. Landlord shall advise Tenant of its approval or comments on the Tenant’s Plans within fifteen (15) days after L▇▇▇▇▇▇▇’s receipt of the Tenant’s Plans. In the event that Landlord shall disapprove case of Subsequent Alterations and Improvements which will either (a) cost more than $100,000 to construct or (b) connect to or otherwise materially affect the heating, ventilating, air conditioning, plumbing, electrical or similar systems in the Building or any portion of the Tenant’s Plansstructural elements thereof, Tenant shall have seven (7) days after Landlord’s notification of its disapproval prepared and deliver to revise the Tenant’s Plans Landlord reasonably detailed plans and resubmit them to Landlordspecifications for such alterations and improvements prepared by registered professional architects and engineers, and obtain Landlord's written approval thereof. Landlord shall thereafter have ten (10) to review and either approve or disapprove such revised plans and specifications by written notice back to Tenant within 20 days after Tenant’s Plans's submittal of such plans and specifications. In the event Landlord fails to approve or disapprove the Tenant’s Plans or any changes thereto within the time period set forth above, then such items shall be deemed not approved. 3.3. After Such approval of the Tenant’s Plans or any portion thereof, Tenant shall not in any way modify, revise or change the approved Tenant’s Plans without the prior written consent of Landlord, which shall not be unreasonably withheld. Such approval shall, conditioned however, be subject to the corresponding approval of any Mortgagee if required under its Mortgage of the Premises (which Mortgagee's approval or delayeddenial shall be determinative). Landlord shall make reasonable and diligent efforts to obtain any required Mortgagee's approval. If Landlord approves fails to give Tenant the aforesaid notice within said 20 days, Landlord shall be deemed to have approved such requestplans and specifications. If Landlord disapproves of such plans and specifications, Landlord shall in its disapproval notice specify in reasonable detail the respects in which such plans and specifications are not satisfactory. Tenant shall then revise such plans and specifications to eliminate, upgrade or correct, as appropriate, the entire cost of such change, including the cost of revising the Tenant’s Plans or preparing new plans, shall be borne by Tenant. 3.4. It shall be Tenant’s sole responsibility that the Tenant’s Plans and construction of the New Expansion comply with all applicable laws and governmental requirementsunsatisfactory items, and all covenants, conditions, resubmit the revised plans and restrictions of record affecting the Premises, and specifications to procure and deliver to Landlord, upon request, all such licenses, permits and approvals from all governmental authorities and/or third parties as are necessary to permit the New Expansion to be commenced, continued to completion, and later occupied. Notwithstanding anything to the contrary contained 119468.000201 4888-8619-0636.9 DocuSign Envelope ID: BA370BF0-6559-47BF-93FD-5271BD02FEF9 herein or in the Lease, prior to Tenant’s commencement and completion of the New Expansion, Tenant acknowledges and agrees that Berkeley County, South Carolina requires Landlord, on behalf of Tenant, to execute, submit, and record with the Berkeley County, South Carolina Office of the Register of Deeds a certain Covenants for Permanent Maintenance of Stormwater Systems (“Stormwater Covenants”) to ensure the New Expansion’s compliance with Berkeley County’s stormwater management program. Pursuant to and Landlord in accordance with the terms foregoing procedure, except that Landlord shall have only 10 days to pass on the revised plans and provisions specifications. Landlord shall subsequently approve any revised and resubmitted plans and specifications which eliminate, upgrade or correct the unsatisfactory items in reasonably appropriate fashion. In the case of Section 1.1(c), Section 2.2(e), Subsequent Alterations and all other applicable provisions Improvements which will cost less than $100,000 to construct or will not connect to or materially affect any systems or structural elements of the LeaseBuilding as aforesaid, Tenant acknowledges shall not be required to obtain Landlord's prior written approval of plans and agrees that Landlord has provided timely advance written notice to Tenant, and a copy of specifications for the proposed Stormwater Covenantswork, regarding L▇▇▇▇▇▇▇’s intent to execute and record said Stormwater Covenants, and by its execution hereof Tenant hereby consents to L▇▇▇▇▇▇▇’s execution and recordation of the Stormwater Covenants but shall provide Landlord with the Berkeley County, South Carolina Office of the Register of Deedsa reasonable description or plans for Landlord's information at least two weeks before commencing work.

Appears in 1 contract

Sources: Lease Agreement (Sepracor Inc /De/)

Plans and Specifications. 3.1. Tenant shall employ consultants, including but not limited If Landlord fails to the proposed architect for the New Expansion respond during such four (the “Consultants”), designated by Tenant for the preparation of the necessary architectural, mechanical and electrical plans, drawings, construction schedule, and specifications pertaining to the New Expansion, provided, however, that all such Consultants shall be subject to the advance written approval of Landlord, not unreasonably withheld, conditioned, or delayed. Tenant shall furnish Landlord with architectural and design plans and specifications (the “Tenant’s Plans”4) prepared first in preliminary form (the “Preliminary Plans”), and thereafter in working form (the “Working Drawings”), which shall cover, describe and depict the New Expansion. All Tenant’s Plans shall meet the requirements set forth in Schedule I attached hereto. 3.2. Upon submission of the Tenant’s Plans for the New Expansionday period, Landlord shall review the automatically be deemed to have approved Tenant’s proposed changes to the Final Phase I Plans and shall either approve the Tenant’s Plans or advise Tenant Specifications. Landlord, acting reasonably and in writing of any aspect of the designgood faith, engineering, construction or installation which is not acceptable to Landlord. Landlord shall advise Tenant of its approval or comments on the Tenant’s Plans within fifteen (15) days after L▇▇▇▇▇▇▇’s receipt of the Tenant’s Plans. In the event that Landlord shall disapprove of any portion of the Tenant’s Plans, Tenant shall have seven (7) days after from Tenant’s delivery of the final plans and specifications for the Phases (other than Phase I) of Landlord’s notification of its disapproval to revise Work (the Tenant’s “Final Remaining Phases Plans and resubmit them Specifications”) to advise Tenant, in writing, as to whether or not Landlord desires any changes to the Final Remaining Phases Plans and Specifications. If Landlord fails to respond during such seven (7) day period, Landlord shall automatically be deemed to have approved the Final Remaining Phases Plans and Specifications. Tenant, acting reasonably and in good faith, shall have four (4) business days from Landlord’s delivery of Landlord’s response to advise Landlord, in writing, as to whether or not Tenant desires any changes to Landlord’s proposed changes to the Final Remaining Phases Plans and Specifications. If Tenant fails to respond during such four (4) business day period, Tenant shall automatically be deemed to have approved Landlord’s proposed changes to the Final Remaining Phases Plans and Specifications. Within seven (7) business days after the Final Remaining Phases Plans and Specifications have been finally approved (or deemed approved) by Landlord and Tenant, Landlord shall submit such Final Remaining Phases Plans and Specifications to the contractors for bidding purposes in accordance with the provisions set forth below. The Final Phase I Plans and Specifications and the Final Remaining Phases Plans and Specifications, shall sometimes collectively be referred to as the “Final Plans and Specifications.” In the essence of time, Landlord shall hire DSS Corporation as the general contract for Landlord Work. DSS Corporation agrees to competitively bid the work to all subcontractors and open-book all bids for Tenant and Landlord review and selection. DSS Corporation shall thereafter receive a “cost plus 5%” fee. Tenant shall have ten (10) the opportunity to review and either approve provide input concerning the subcontractor bids, which Tenant agrees to do in a timely and good faith manner. Tenant acknowledges and agrees that Tenant Delay Factors, as defined in paragraph 4 of the Lease, shall include, without limitation, any delays resulting from (i) change orders to the Final Phase I Plans and Specifications or disapprove such revised subsequent approved plans and specifications for the remaining phases of construction, requested by Tenant or by those acting for or under the direction of Tenant’s Plans. In ; (ii) the event Landlord fails to approve performance or disapprove the completion by Tenant’s Plans , or any changes thereto within entity or person employed by Tenant, of any work in or about the time period set forth abovePremises; (iii) the failure of Tenant to supply adequate information to Landlord to prepare the Final Phase I Plans and Specifications by March 13, then 2007; or (iv) the failure of Landlord and Tenant to mutually agree on the Final Phase I Plans and Specifications or subsequent plans and specifications for the remaining phases of construction in a timely manner, provided that in each such items instance Landlord first gives Tenant two (2) business days notice that if Tenant does not so cure its act or omission the same will thereafter be considered a Tenant Delay Factor. Except to the extent expressly provided in the Lease, Landlord shall have no liability or obligation whatsoever to remedy, replace or correct any alleged defects and deficiencies in Landlord’s Work; provided, however, that Landlord specifically warrants that (i) all loading doors will be deemed not approved. 3.3properly operational for three (3) months after the Commencement Date, absent any negligence of Tenant, and (ii) Landlord shall throughout the term of this Lease (as same may be extended) be responsible for repairing any latent defects in the Improvements at Landlord’s sole cost. After approval Landlord shall, to the extent permitted by law, assign all warranties associated with the Premises to, and cooperate with, Tenant in the enforcement of any express warranties or guarantees of workmanship or materials given by any contractors, subcontractors, architects, draftsmen, or materialmen relative to Landlord’s Work, the Tenant’s Plans roof or any portion thereof, Tenant shall not in any way modify, revise or change the approved Tenant’s Plans without the prior written consent of Landlord, which shall not be unreasonably withheld, conditioned or delayed. If Landlord approves such request, the entire cost of such change, including the cost of revising the Tenant’s Plans or preparing new plans, shall be borne by Tenant. 3.4. It shall be Tenant’s sole responsibility that the Tenant’s Plans and construction of the New Expansion comply with all applicable laws and governmental requirements, and all covenants, conditions, and restrictions of record affecting the Premises, and to procure and deliver to Landlord, upon request, all such licenses, permits and approvals from all governmental authorities and/or third parties as are necessary to permit the New Expansion to be commenced, continued to completion, and later occupiedrelevant Building systems. Notwithstanding anything to the contrary contained 119468.000201 4888-8619-0636.9 DocuSign Envelope ID: BA370BF0-6559-47BF-93FD-5271BD02FEF9 herein or in the Lease, prior Landlord shall not be responsible, to Tenantany extent whatsoever, for the repair, remediation or correction of any alleged deficiencies or defects in any materials and workmanship in and concerning Landlord’s commencement and completion Work to the extent that the existence or occurrence of such defects or deficiencies are the New Expansionresult of, Tenant acknowledges and agrees that Berkeley Countyor due to, South Carolina requires Landlordany negligent, on behalf willful or intentional or other acts or omissions of Tenant, its agents, employees, contractors, subcontractors, representatives or invitees. Tenant may not conduct any activities on the Premises that would have the effect of rendering any relevant warranties related to execute, submitthe performance of Landlord’s Work void (unless previously approved by the Landlord), and record with if Tenant does conduct any such activities and renders any relevant warranty void, Landlord will no longer have any obligations under the Berkeley County, South Carolina Office terms of the Register Lease with respect to the component, element or feature of Deeds the Improvements that the warranty voided by Tenant’s activities had previously covered. Except as otherwise provided in this Lease, at no time during the Lease term (as same may be extended pursuant to any renewal option, if any) shall Tenant have any right, of any nature whatsoever, to withhold the timely payment of any rental due under the Lease as a certain Covenants for Permanent Maintenance result of, or due to, or because of, any alleged breaches by Landlord under the Lease or the alleged existence of Stormwater Systems (“Stormwater Covenants”) any defects or deficiencies in the Improvements. Landlord shall obtain all applicable licenses, permits and approvals to ensure complete the New Expansion’s compliance with Berkeley County’s stormwater management program. Pursuant to and Tenant Improvements in accordance with all applicable laws. Landlord shall give Tenant estimates of the terms schedule for completion of each Phase of the Improvements and provisions thirty (30) days prior written notice of Section 1.1(c), Section 2.2(e)the anticipated date each Phase of the Premises will be ready for occupancy. Within thirty (30) days following the Commencement Date, and all other applicable provisions thereafter within thirty (30) days following the completion of each remaining Phase, Landlord and Tenant shall mutually conduct a walk-through of the LeasePremises and compile a punch list which sets forth any corrective work to be performed by Landlord with respect to the Improvements which Landlord, upon receipt, shall diligently pursue to correct. Landlord represents and warrants to Tenant acknowledges and agrees with respect to each completed Phase, that Landlord has provided timely advance written notice as of the date each Phase is delivered to Tenant, and a copy of the proposed Stormwater Covenants, regarding L▇▇▇▇▇▇▇’s intent to execute and record said Stormwater Covenants, and by its execution hereof Tenant hereby consents to L▇▇▇▇▇▇▇’s execution and recordation of the Stormwater Covenants with the Berkeley County, South Carolina Office of the Register of Deeds.:

Appears in 1 contract

Sources: Lease Agreement (Shutterfly Inc)

Plans and Specifications. 3.1. Tenant shall employ consultants, including but not limited cause the construction of tenant improvements to the proposed architect for the New Expansion Premises (the “Consultants”"Tenant Improvements"), designated by all in accordance with the provisions set forth below. Within five (5) days after its execution of the Lease, Tenant for shall deliver to Landlord preliminary plans ("Preliminary Plans"), to be utilized in the preparation of the necessary architectural, mechanical and electrical plans, drawings, construction schedule, final working drawings and specifications pertaining for the Tenant Improvements. Promptly (but in no event less than five (5) business days) after its receipt of the Preliminary Plans, Landlord shall return the same to the New ExpansionTenant marked and accompanied by comments and Landlord's required revisions. Within five (5) days thereafter, providedTenant shall submit two (2) sets of revised Preliminary Plans, howeverrevised to reflect and conform to Landlord's comments and requirements, that all such Consultants shall be subject to the advance written Landlord for its final review and approval. Within five (5) days following Landlord's approval of Landlordthe Preliminary Plans, not unreasonably withheld, conditioned, or delayed. Tenant shall furnish Landlord with architectural cause its architect to prepare and design plans submit two (2) copies of working drawings and specifications (the “Tenant’s "Working Plans") prepared first in preliminary form (the “Preliminary Plans”), to Landlord for its review and thereafter in working form (the “Working Drawings”), which shall cover, describe and depict the New Expansion. All Tenant’s Plans shall meet the requirements set forth in Schedule I attached hereto. 3.2. Upon submission of the Tenant’s Plans for the New Expansion, Landlord shall review the Tenant’s Plans and shall either approve the Tenant’s Plans or advise Tenant in writing of any aspect of the design, engineering, construction or installation which is not acceptable to Landlordapproval. Landlord shall advise Tenant of its approval or comments on the Tenant’s Plans within fifteen (15) days promptly after L▇▇▇▇▇▇▇’s Landlord's receipt of the Tenant’s Plans. In the event that Landlord shall disapprove Working Plans of any portion of the Tenant’s Plansrequired revisions. Within five (5) days thereafter, Tenant shall have seven submit two (72) days after Landlord’s notification copies of the revised Working Plans to Landlord for its disapproval to revise the Tenant’s Plans and resubmit them to Landlord, and Landlord shall thereafter have ten (10) to final review and either approve or disapprove such revised Tenant’s Plansapproval. In Concurrently with the event Landlord fails to approve or disapprove the Tenant’s Plans or any changes thereto within the time period set forth above, then such items shall be deemed not approved. 3.3. After above review and approval of the Tenant’s Plans or any portion thereofprocess, Tenant shall not in any way modify, revise or change submit all plans and specifications to the approved Tenant’s Plans without the prior written consent City of Landlord, which shall not be unreasonably withheld, conditioned or delayed. If Landlord approves such request, the entire cost Cupertino ("City") and other applicable governmental agencies to obtain governmental approvals and issuance of such change, including the cost of revising the Tenant’s Plans or preparing new plans, shall be borne by Tenant. 3.4. It shall be Tenant’s sole responsibility that the Tenant’s Plans and construction of the New Expansion comply with all applicable laws and governmental requirements, and all covenants, conditions, and restrictions of record affecting the Premises, and to procure and deliver to Landlord, upon request, all such licenses, necessary permits and approvals from all governmental authorities and/or third parties licenses to construct the Tenant Improvements as are necessary to permit shown on the New Expansion to be commenced, continued to completion, and later occupied. Notwithstanding anything to the contrary contained 119468.000201 4888-8619-0636.9 DocuSign Envelope ID: BA370BF0-6559-47BF-93FD-5271BD02FEF9 herein or in the Lease, prior to Tenant’s commencement and completion of the New Expansion, Tenant acknowledges and agrees that Berkeley County, South Carolina requires Landlord, on behalf of Tenant, to execute, submit, and record with the Berkeley County, South Carolina Office of the Register of Deeds a certain Covenants for Permanent Maintenance of Stormwater Systems (“Stormwater Covenants”) to ensure the New Expansion’s compliance with Berkeley County’s stormwater management program. Pursuant to and in accordance with the terms and provisions of Section 1.1(c), Section 2.2(e), and all other applicable provisions of the Lease, Tenant acknowledges and agrees that Landlord has provided timely advance written notice to Tenant, and a copy of the proposed Stormwater Covenants, regarding L▇▇▇▇▇▇▇’s intent to execute and record said Stormwater Covenants, and by its execution hereof Tenant hereby consents to L▇▇▇▇▇▇▇’s execution and recordation of the Stormwater Covenants with the Berkeley County, South Carolina Office of the Register of DeedsWorking Plans.

Appears in 1 contract

Sources: Lease (Seagate Software Inc)

Plans and Specifications. 3.1. Tenant shall employ consultants, including but not limited to the proposed architect for the New Expansion (the “Consultants”), designated by Tenant for the preparation of the necessary architectural, mechanical and electrical plans, drawings, construction schedule, and specifications pertaining to the New Expansion, provided, however, that all such Consultants shall be subject to the advance written approval of Landlord, not unreasonably withheld, conditioned, or delayed. Tenant shall furnish Landlord with architectural and design plans and specifications (the “Tenant’s Plans”) prepared first in preliminary form (the “Preliminary Plans”), and thereafter in working form (the “Working Drawings”), which shall cover, describe and depict the New Expansion. All Tenant’s Plans shall meet the requirements set forth in Schedule I attached hereto. 3.2. Upon submission of the Tenant’s Plans for the New Expansion, Landlord shall review the Tenant’s Plans and shall either approve the Tenant’s Plans or advise Tenant in writing of any aspect of the design, engineering, construction or installation which is not acceptable to Landlord. Landlord shall advise Tenant of its approval or comments on the Tenant’s Plans within fifteen (15) days after L▇▇▇▇▇▇▇’s receipt of the Tenant’s Plans. In the event that Landlord shall disapprove of any portion of the Tenant’s Plans, Tenant shall have seven (7) days after Landlord’s notification of its disapproval to revise the Tenant’s Plans and resubmit them to Landlord, and Landlord shall thereafter have Within ten (10) days after the date of execution of this Lease by Landlord and Tenant, Landlord shall prepare and submit to Tenant a set of plans and specifications and/or construction drawings (the “Plans and Specifications”) covering all work to be performed by Landlord in constructing the leasehold improvements to the Leased Premises, which shall be based on the Scope of Work attached as Exhibit B hereto. Tenant shall have three (3) business days after receipt of the Plans and Specifications in which to review the Plans and either approve or disapprove such revised Specifications and to give Landlord written notice of Tenant’s Plansapproval of the Plans and Specifications or its requested changes to the Plans and Specifications. In Tenant shall have no right to request any leasehold improvements or any changes to the event Landlord Plans and Specifications which would materially alter the Leased Premises, the exterior appearance or basic nature of the Building, or the Building systems. If Tenant fails to approve or disapprove request changes to the Tenant’s Plans or any changes thereto and Specifications within three (3) business days after its receipt of the time period set forth abovePlans and Specifications, then such items Tenant shall be deemed not approved. 3.3to have approved the Plans and Specifications and the same shall thereupon be final. After approval If Tenant requests any changes to the Plans and Specifications, Landlord shall make those changes which are reasonably requested by Tenant and shall within three (3) business days of its receipt of such request submit the revised portion of the Plans and Specifications to Tenant’s . Tenant may not thereafter disapprove the revised portions of the Plans or any portion thereofand Specifications unless Landlord has unreasonably failed to incorporate reasonable comments of Tenant and, Tenant shall not in any way modify, revise or change subject to the approved Tenant’s Plans without the prior written consent of Landlord, which shall not be unreasonably withheld, conditioned or delayed. If Landlord approves such requestforegoing, the entire cost of such changePlans and Specifications, including the cost of revising the Tenant’s Plans or preparing new plansas modified by said revisions, shall be borne by deemed to be final upon the submission of said revisions to Tenant. 3.4. It Tenant shall be at all times in its review of the Plans and Specifications, and of any revisions thereto, act reasonably and in good faith. Without limiting the foregoing, Tenant agrees to confirm Tenant’s sole responsibility that consent to the Tenant’s Plans and construction of the New Expansion comply with all applicable laws and governmental requirements, and all covenants, conditions, and restrictions of record affecting the Premises, and to procure and deliver to Specifications in writing within three (3) business days following Landlord, upon request, all such licenses, permits and approvals from all governmental authorities and/or third parties as are necessary to permit the New Expansion to be commenced, continued to completion, and later occupied. Notwithstanding anything to the contrary contained 119468.000201 4888-8619-0636.9 DocuSign Envelope ID: BA370BF0-6559-47BF-93FD-5271BD02FEF9 herein or in the Lease, prior to Tenant’s commencement and completion of the New Expansion, Tenant acknowledges and agrees that Berkeley County, South Carolina requires Landlord, on behalf of Tenant, to execute, submit, and record with the Berkeley County, South Carolina Office of the Register of Deeds a certain Covenants for Permanent Maintenance of Stormwater Systems (“Stormwater Covenants”) to ensure the New Expansion’s compliance with Berkeley County’s stormwater management program. Pursuant to and in accordance with the terms and provisions of Section 1.1(c), Section 2.2(e), and all other applicable provisions of the Lease, Tenant acknowledges and agrees that Landlord has provided timely advance written notice to Tenant, and a copy of the proposed Stormwater Covenants, regarding L▇▇▇▇▇▇▇’s intent to execute and record said Stormwater Covenants, and by its execution hereof Tenant hereby consents to L▇▇▇▇▇▇▇’s execution and recordation of the Stormwater Covenants with the Berkeley County, South Carolina Office of the Register of Deedsrequest therefor.

Appears in 1 contract

Sources: Industrial Lease Agreement (Cellstar Corp)

Plans and Specifications. 3.1. (a) Tenant shall employ consultantssubmit to Landlord for Landlord's approval, including but which approval will not limited be unreasonably withheld or delayed, preliminary plans and specifications for the Material Change to the proposed architect Project. Such preliminary plans and specifications shall further take into consideration and provide for the New Expansion (the “Consultants”), designated by Tenant for the preparation aesthetic integration of the necessary architecturalfacades of the buildings to be constructed on the Land with the existing improvements on the Adjoining Land. Within fifteen (15) business days following receipt by Landlord of said preliminary plans and specifications from Tenant, mechanical Landlord shall notify Tenant of Landlord's approval or disapproval of said preliminary plans and electrical plans, drawings, construction schedulespecifications. Landlord's failure to notify Tenant within such period shall be deemed to be Landlord's approval. Any notice of approval or disapproval shall be in writing, and if disapproved, shall set forth the grounds for such disapproval. Following Landlord's first or any subsequent disapproval, Tenant shall undertake, in conjunction with Landlord, to amend and modify the preliminary plans and specifications, and, upon the completion thereof, submit revised plans and specifications pertaining to Landlord for its review and approval, in accordance with the New Expansionforegoing. (b) Following approval of preliminary plans and specifications, Tenant shall develop final plans and specifications substantially in conformity with the preliminary plans and specifications previously approved by Landlord. Such final plans and specifications shall be subject to review by Landlord. Within thirty (30) days following receipt by Landlord of said final plans and specifications from Tenant, Landlord shall notify Tenant of Landlord's approval, which approval will not be unreasonably withheld, or disapproval, as the case may be. Landlord's failure to notify Tenant within such period shall be deemed to be Landlord's approval. Any notice of approval or disapproval shall be in writing, and if Landlord disapproves, then such notice shall set forth the grounds for such disapproval. Following Landlord's first or any subsequent disapproval, Tenant shall undertake, to amend or modify the final plans and specifications and then submit the revised final plans and specifications to Landlord for its review as set forth above. Changes from the preliminary plans and specifications shall be considered to be within the scope of the preliminary plans and specifications, if they are not substantial, or if they are made in order to comply with the reasonable requirements of a Leasehold Mortgagee or of a Governmental Authority. (c) In no event shall Tenant begin construction prior to procuring Landlord's approval of said final plans and specifications; provided, however, that all such Consultants shall approval may be subject procured incrementally to allow development of the Project in phases. This prohibition applies to the advance written approval of Landlord, not unreasonably withheld, conditioned, or delayed. Tenant shall furnish Landlord with architectural and design plans and specifications (the “Tenant’s Plans”) prepared first in preliminary form (the “Preliminary Plans”), and thereafter in working form (the “Working Drawings”), which shall cover, describe and depict the New Expansion. All Tenant’s Plans shall meet the requirements set forth in Schedule I attached hereto. 3.2. Upon submission of the Tenant’s Plans for the New Expansion, Landlord shall review the Tenant’s Plans and shall either approve the Tenant’s Plans or advise Tenant in writing commencement of any aspect of the design, engineering, on-site infrastructure construction or installation which is not acceptable to Landlord. Landlord shall advise Tenant of its approval or comments on the Tenant’s Plans within fifteen (15) days after L▇▇▇▇▇▇▇’s receipt of the Tenant’s Plans. In the event that Landlord shall disapprove of any portion of the Tenant’s Plans, Tenant shall have seven (7) days after Landlord’s notification of its disapproval to revise the Tenant’s Plans and resubmit them to Landlord, and Landlord shall thereafter have ten (10) to review and either approve or disapprove such revised Tenant’s Plans. In the event Landlord fails to approve or disapprove the Tenant’s Plans or any changes thereto within the time period set forth above, then such items shall be deemed not approvedas well. 3.3. After approval of the Tenant’s Plans or any portion thereof, Tenant shall not in any way modify, revise or change the approved Tenant’s Plans without the prior written consent of Landlord, which shall not be unreasonably withheld, conditioned or delayed. If Landlord approves such request, the entire cost of such change, including the cost of revising the Tenant’s Plans or preparing new plans, shall be borne by Tenant. 3.4. It shall be Tenant’s sole responsibility that the Tenant’s Plans and construction of the New Expansion comply with all applicable laws and governmental requirements, and all covenants, conditions, and restrictions of record affecting the Premises, and to procure and deliver to Landlord, upon request, all such licenses, permits and approvals from all governmental authorities and/or third parties as are necessary to permit the New Expansion to be commenced, continued to completion, and later occupied. Notwithstanding anything to the contrary contained 119468.000201 4888-8619-0636.9 DocuSign Envelope ID: BA370BF0-6559-47BF-93FD-5271BD02FEF9 herein or in the Lease, prior to Tenant’s commencement and completion of the New Expansion, Tenant acknowledges and agrees that Berkeley County, South Carolina requires Landlord, on behalf of Tenant, to execute, submit, and record with the Berkeley County, South Carolina Office of the Register of Deeds a certain Covenants for Permanent Maintenance of Stormwater Systems (“Stormwater Covenants”) to ensure the New Expansion’s compliance with Berkeley County’s stormwater management program. Pursuant to and in accordance with the terms and provisions of Section 1.1(c), Section 2.2(e), and all other applicable provisions of the Lease, Tenant acknowledges and agrees that Landlord has provided timely advance written notice to Tenant, and a copy of the proposed Stormwater Covenants, regarding L▇▇▇▇▇▇▇’s intent to execute and record said Stormwater Covenants, and by its execution hereof Tenant hereby consents to L▇▇▇▇▇▇▇’s execution and recordation of the Stormwater Covenants with the Berkeley County, South Carolina Office of the Register of Deeds.

Appears in 1 contract

Sources: Ground Lease Agreement (Medical Properties Trust Inc)

Plans and Specifications. 3.1. 2.1 Tenant shall employ consultants, including but not limited to the proposed architect for the New Expansion ▇▇▇▇▇▇ & Associates (the “Consultants”), designated by Tenant ) for the preparation of the necessary architectural, mechanical and electrical plans, drawings, construction schedule, drawings and specifications pertaining to the New Expansionconstruction work which Tenant intends to perform in the Premises in connection with Tenant’s initial occupancy (the “Work”). Tenant, providedat its expense, however, that all such Consultants shall be subject to the advance written approval of Landlord, not unreasonably withheld, conditioned, or delayed. Tenant shall furnish Landlord with architectural and design plans and specifications (the “Tenant’s Plans”) prepared first in preliminary form (the “Preliminary Plans”), and thereafter in working form (the “Working Drawings”), which and covering the Work. Tenant shall cover, describe pay all costs and depict the New Expansionexpenses relating to Tenant’s Plans. All Tenant’s Plans shall meet the requirements set forth in Schedule I attached hereto.I. 3.2. 2.2 Upon submission submittal of the any portion of Tenant’s Plans for the New ExpansionPlans, Landlord shall review the Tenant’s Plans and shall either approve the Tenant’s Plans or advise Tenant in writing of any aspect of the design, engineering, construction or installation which is not acceptable to Landlord. Landlord shall advise Tenant of its approval or comments on the Tenant’s Plans within fifteen five (155) business days after L▇▇▇▇▇▇▇Landlord’s receipt of the Tenant’s Plans. In the event that Landlord shall disapprove of any portion of the Tenant’s Plans, Tenant shall have seven ___fifteen (715) business days after Landlord’s notification of its disapproval to revise the Tenant’s Plans and resubmit them to Landlord, and Landlord shall thereafter have ten (10) to review and either approve or disapprove such revised Tenant’s Plans. In the event Landlord fails to approve or disapprove the Tenant’s Plans or any changes thereto within the time period set forth above, then and if such items failure continues thereafter for five (5) business days after Landlord’s receipt of notice from Tenant requesting action on Tenant’s Plans, Tenant’s Plans or the changes shall be deemed not to be approved. 3.3. 2.3 After approval of the Tenant’s Plans or any portion thereof, Tenant shall not in any way materially modify, revise or change the approved Tenant’s such Plans without the prior written consent of Landlord, which shall not be unreasonably withheld, conditioned or delayed. If Landlord approves such request, the entire cost of such change, including the cost of revising the Tenant’s Plans or preparing new plans, shall be borne by TenantTenant and any delay occasioned thereby shall not delay the Commencement Date. 3.4. It 2.4 Except for such matters, if any, as shall have been required by Landlord and not requested by Tenant, it shall be Tenant’s sole responsibility that the Tenant’s Plans and construction of the New Expansion comply with all applicable laws governmental and governmental requirements, municipal codes and all covenants, conditions, and restrictions of record affecting the Premises, regulations and to procure and deliver to Landlord, Landlord upon request, request all such licenses, permits and approvals from all governmental authorities and/or third parties as are necessary to permit the New Expansion Work to be commenced, commenced and continued to completion, completion and later the so constructed Premises to be occupied. Notwithstanding anything to the contrary contained 119468.000201 4888-8619-0636.9 DocuSign Envelope ID: BA370BF0-6559-47BF-93FD-5271BD02FEF9 herein or in the Lease, prior to Tenant’s commencement and completion of the New Expansion, Tenant acknowledges and agrees that Berkeley County, South Carolina requires Landlord, on behalf of Tenant, to execute, submit, and record with the Berkeley County, South Carolina Office of the Register of Deeds a certain Covenants for Permanent Maintenance of Stormwater Systems (“Stormwater Covenants”) to ensure the New Expansion’s compliance with Berkeley County’s stormwater management program. Pursuant to and in accordance with the terms and provisions of Section 1.1(c), Section 2.2(e), and all other applicable provisions of the Lease, Tenant acknowledges and agrees that Landlord has provided timely advance written notice to Tenant, and a copy of the proposed Stormwater Covenants, regarding L▇▇▇▇▇▇▇’s intent to execute and record said Stormwater Covenants, and by its execution hereof Tenant hereby consents to L▇▇▇▇▇▇▇’s execution and recordation of the Stormwater Covenants with the Berkeley County, South Carolina Office of the Register of Deeds.

Appears in 1 contract

Sources: Lease (Globalwise Investments Inc)