Common use of Preliminary Drawings Clause in Contracts

Preliminary Drawings. (i) Due to the special nature of the Shopping Center, before Tenant’s architect prepares and submits any “Preliminary Drawings” (defined in subparagraph (ii) below) to Landlord, Tenant’s architect shall perform a field inspection of the conditions on-site and in and around the Premises. Preliminary Drawings and Final Drawings shall be prepared in accordance with the as-built condition of Landlord’s building shell. (ii) Within fifteen (15) days from the Lease Date, Tenant shall submit to Landlord’s representative CD-ROM with tenant plans in single pdf file format (pdf file to be “to- scale” / full size set) showing intended design character and finishes of the Premises (“Preliminary Drawings”). The Preliminary Drawings shall meet the requirements set forth in Schedule 3 attached to this Exhibit C. Once approval on the Preliminary Drawings has occurred pursuant to the procedures hereinafter described, Tenant shall promptly commence preparation of the “Final Working Drawings” in accordance with Section 3(b) below. (iii) Within fifteen (15) days after Landlord receives the Preliminary Drawings, Landlord’s representative will either approve the Preliminary Drawings or return to Tenant’s architect/designer one (1) set of prints of the Preliminary Drawings, marked either “Approved as Noted” or annotated with any required modifications. (iv) Subject to clauses (v), (vi) and (vii) immediately hereafter, if Landlord returns the Preliminary Drawings to Tenant “Approved as Noted,” Tenant’s architect shall incorporate Landlord’s modifications into the Final Working Drawings. (v) If Landlord returns the Preliminary Drawings to Tenant with required modifications, Tenant may object to such modifications by delivering Notice to Landlord within ten (10) days after Tenant’s architect/designer receives the required modifications. Unless Tenant delivers such Notice to Landlord, Tenant will be deemed to have accepted and approved all modifications. EXHIBIT C-1- (vi) If Landlord returns the Preliminary Drawings to Tenant with required modifications and Tenant does not deliver Notice of object to such modifications as provided above, Tenant shall revise the Preliminary Drawings and resubmit them to Landlord for approval within ten (10) days after Tenant’s architect/designer receives notice of the modifications. (vii) If Tenant delivers Notice of its objection to any required modifications as provided above, Landlord will discuss the objections with Tenant and will work with Tenant to achieve Final Working Drawings that are acceptable to Landlord. If Tenant and Landlord are unable to agree on Preliminary Drawings, Landlord may terminate this Lease.

Appears in 1 contract

Sources: Retail Lease (Yoshiharu Global Co.)

Preliminary Drawings. (i) Due to the special nature of the Shopping CenterProject, before Tenant’s architect prepares and submits prior to preparing any “Preliminary Drawings” (defined in subparagraph (ii) below) to Landlorddrawings, Tenant’s architect shall perform a field inspection of the conditions on-on- site and in and around the Premises. Premises prior to submittal of the “Preliminary Drawings and Final Drawings shall be prepared in accordance with the as-built condition of Landlord’s building shellDrawings” (as hereinafter defined). (ii) Within fifteen sixty (1560) days following written notice from the Lease DateLandlord, Tenant shall submit to Landlord’s representative CD-ROM with tenant plans in single pdf file format three (pdf file to be “to- scale” / full size set3) sets of blueline prints and one (1) set of reproducible prints showing intended design character and finishes of the Premises (“Preliminary Drawings”). The Preliminary Drawings shall meet the requirements set forth in Schedule 3 attached to this Exhibit C. Once approval on the Preliminary Drawings has occurred pursuant to the procedures hereinafter described, Tenant shall promptly commence preparation of the “Final Working Drawings” in accordance with Section 3(b) below. (iii) Preliminary Drawings shall include the following: (1) Key plan showing location of the Premises within the Project. (2) Preliminary floor and reflected ceiling plans (scale 1/4” = 1’-0”) indicating interior design concept. (3) Typical interior elevations (scale 1/4” = 1’-0”). (4) Storefront elevation and section, including any graphics, lighting and signage and indicating all materials and finishes (scale 1/4” = 1’-0”). Elevations shall be rendered in color. Elevations should include existing context (i.e., partial elevations of retail spaces) and should be drawn full height to top of building. (5) Preliminary finish schedule including all colors and materials to be used. (6) All exterior signage is considered integral to the design and is required to be submitted with preliminary elevations. (iv) Within fifteen (15) days after Landlord receives receipt of the Preliminary Drawings, Landlord’s representative will either approve the Preliminary Drawings or return to Tenant’s architect/designer one (1) set of prints of the Preliminary Drawings, marked either “Approved as Noted” or annotated Drawings with any required modifications. (iv) Subject modifications or with approval. If Tenant wishes to clauses (v), (vi) and (vii) immediately hereafter, if Landlord returns the Preliminary Drawings take exception to Tenant “Approved as Noted,” Tenant’s architect shall incorporate Landlord’s modifications into the Final Working Drawings. (v) If Landlord returns the Preliminary Drawings to Tenant with any required modifications, Tenant may object to such modifications do so only by delivering Notice to written notice received by Landlord within ten (10) days after from the date of receipt by Tenant’s architect/designer receives of the required modifications. Unless Tenant delivers such Notice to Landlordexception is so taken, Tenant it will be deemed that all comments are acceptable to have accepted and approved all modifications. EXHIBIT C-1-by Tenant. (viv) If Landlord returns the Preliminary Drawings are returned to Tenant with required modifications and Tenant does not deliver Notice of object take (or is deemed not to have taken) exception to such modifications as provided above, Tenant shall revise the Preliminary Drawings must be revised and resubmit them resubmitted to Landlord for approval within ten thirty (1030) days after of their receipt by Tenant’s architect/designer receives notice of the modificationsdesigner. (viivi) If Tenant delivers Notice of its objection properly takes exception to any required modifications as provided above, Landlord will discuss the objections with Tenant and will work with Tenant to achieve Final Working Drawings that are acceptable to Landlord. If Tenant and Landlord are unable to agree on Preliminary Drawings, Landlord may terminate this Lease. (vii) If the Preliminary Drawings are returned “Approved as Noted” and Tenant does not take exception, Tenant’s architect shall incorporate Landlord’s modifications into the Final Working Drawings.

Appears in 1 contract

Sources: Retail Lease

Preliminary Drawings. (i) Due to Not later than 6 weeks after the special nature mutual execution and delivery of the Shopping CenterLease, before Tenant’s architect prepares Landlord shall cause the TI Architect to prepare and submits any “Preliminary deliver to Tenant for review and comment construction plans, specifications and drawings for the Building Shell Improvements (incorporating the Elevator Drawings” (defined in subparagraph (ii) below) to Landlord, Tenant’s architect shall perform a field inspection of and for the conditions on-site and in and around the Premises. Preliminary Drawings and Final Drawings shall be prepared in accordance with the as-built condition of Landlord’s building shell. (ii) Within fifteen (15) days from the Lease Date, Tenant shall submit to Landlord’s representative CD-ROM with tenant plans in single pdf file format (pdf file to be “to- scale” / full size set) showing intended design character and finishes of the Premises Improvements (“Preliminary Drawings”). The , which Preliminary Drawings shall meet the requirements set forth in Schedule 3 attached to this Exhibit C. Once approval on the Preliminary Drawings has occurred pursuant to the procedures hereinafter described, Tenant shall promptly commence preparation of the “Final Working Drawings” be prepared substantially in accordance with Section 3(b) below. (iii) Within fifteen (15) days after Landlord receives the Preliminary DrawingsSpace Plan. Tenant shall have the right to participate in, and shall be included in, Landlord’s representative will either approve discussions with the Preliminary Drawings or return to Tenant’s architect/designer one (1) set TI Architect during the course of prints preparation of the Preliminary Drawings, marked either “Approved and the right to value-engineer the design of the Tenant Improvements in Tenant’s discretion as Noted” or annotated with any required modifications. (iv) Subject to clauses (v), (vi) and (vii) immediately hereafter, if Landlord returns part of the design process. Tenant shall be solely responsible for ensuring that the Preliminary Drawings reflect Tenant’s requirements for the Tenant Improvements. Tenant shall deliver its written comments on the Preliminary Drawings to Tenant “Approved as Noted,” Tenant’s architect shall incorporate Landlord’s modifications into the Final Working Drawings. (v) If Landlord returns the Preliminary Drawings to Tenant with required modifications, Tenant may object to such modifications by delivering Notice to Landlord within ten (10) not later than 5 business days after Tenant’s architect/designer receives receipt of the required modificationssame; provided, however, that Tenant may not disapprove any matter that is consistent with the Space Plan without submitting a Change Request. Unless Landlord and the TI Architect shall consider all such comments in good faith and shall, within 5 business days after receipt, notify Tenant delivers how Landlord proposes to respond to such Notice comments. Any disputes in connection with such comments shall be resolved in accordance with Section 2(d) hereof. Once approved by Landlord and Tenant, subject to Landlordthe provisions of Section 4 below, neither Landlord nor Tenant will be deemed to have accepted and approved all modifications. EXHIBIT C-1- (vi) If Landlord returns shall materially modify the Preliminary Drawings to Tenant except as may be reasonably required in connection with required modifications and Tenant does not deliver Notice of object to such modifications as provided above, Tenant shall revise the Preliminary Drawings and resubmit them to Landlord for approval within ten (10) days after Tenant’s architect/designer receives notice issuance of the modificationsTI Permit (as defined in Section 3(b) below). (vii) If Tenant delivers Notice of its objection to any required modifications as provided above, Landlord will discuss the objections with Tenant and will work with Tenant to achieve Final Working Drawings that are acceptable to Landlord. If Tenant and Landlord are unable to agree on Preliminary Drawings, Landlord may terminate this Lease.

Appears in 1 contract

Sources: Lease Agreement (Verenium Corp)