Common use of Preparation of the Plans Clause in Contracts

Preparation of the Plans. Attached hereto as Exhibit C-1 is a space plan prepared by the Architect dated April 21, 2016 with an associated Scope of Work document dated April 21, 2016 (collectively, the “Existing Premises Space Plan”) showing the initial conceptual rendering of the work to be performed by Landlord on the third floor of the Building in a portion of the Existing Premises (the “Existing Premises Work Area”) as approved by Tenant. No later than September 9, 2016 (the “Tenant Existing Premises Plans Date”), Tenant shall deliver to Landlord the data and information required by Exhibit B-2 attached hereto for approval by Landlord (“Tenant’s Existing Premises Submission”) for the work to be performed by Landlord in the Existing Premises Work Area (“Landlord’s Existing Premises Third Floor Work”). Landlord’s approval shall not be unreasonably withheld or delayed; provided, however, that Landlord’s determination of matters relating to aesthetic issues relating solely to alterations or changes visible outside the Premises shall be in Landlord’s sole discretion. Landlord shall cause to be prepared by the Architect a detailed floor plan layout together with working drawings (the “Existing Premises Plans”) containing at least the information contained in Tenant’s Existing Premises Submission and otherwise substantially consistent with the Existing Premises Space Plan; provided, however, Landlord shall have no responsibility for the installation or connection of Tenant’s computer, telephone, other communication equipment, systems or wiring. Landlord agrees to respond to Tenant’s Existing Premises Submission within five (5) business days of receipt of the same. As soon as practicable after the preparation of the Existing Premises Plans but no later than November 8, 2016 (subject to extension for Tenant Delay), Landlord shall furnish to Tenant a written statement of all costs of Landlord’s Existing Premises Third Floor Work. In connection with the Landlord’s Existing Premises Third Floor Work, Landlord agrees to (i) use X. Xxxxxx & Associates as the general contractor for the Landlord’s Existing Premises Third Floor Work at a management fee of 3% of the total costs of the Landlord’s Existing Premises Third Floor Tesaro Third Amendment (FINAL3) [***] INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 PROMULGATED UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. Work and general conditions fee of 5% of the total costs of the Landlord’s Existing Premises Third Floor Work, and (ii) requests bids for subcontracted trades where the value of the work to be performed for such trade is expected to exceed $100,000.

Appears in 1 contract

Samples: Lease (TESARO, Inc.)

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Preparation of the Plans. Attached hereto Tenant shall submit to Landlord, no later than the Tenant Preliminary Plans Date, a set of Preliminary Plans (as defined in Exhibit C-1 is a space plan prepared by B-3) for Tenant’s proposed leasehold improvements in the Architect dated April 21, 2016 with an associated Scope of Work document dated April 21, 2016 Premises to prepare the Premises for Tenant’s occupancy (collectively, the “Existing Premises Space PlanLandlord’s Work) showing the initial conceptual rendering of the work to ), which shall be performed by Landlord on pursuant to this Work Agreement. The Preliminary Plans for the third floor Landlord’s Work shall be prepared by Interior Architects or another architect licensed by the Commonwealth of the Building in a portion of the Existing Premises Massachusetts that is reasonably approved by Landlord (the “Existing Premises Work AreaApproved Architect”) as approved by Tenant. No later than September 9, 2016 (and shall contain at least the “Tenant Existing Premises Plans Date”), Tenant shall deliver to Landlord the data and information required by by, and conforming to, the requirements of, Exhibit B-2 attached hereto B-3. Landlord shall have no responsibility for approval by Landlord (and the Landlord’s Work shall exclude) the installation and connection of Tenant’s Existing Premises Submission”) for computer, telephone, other communication and/or audio visual equipment, systems, wiring, or furniture. Provided that the work Preliminary Plans contain at least the information required by, and conform to be performed by Landlord in the Existing Premises Work Area (“Landlord’s Existing Premises Third Floor Work”). requirements of, said Exhibit B-3, Landlord’s approval of the Preliminary Plans shall not be unreasonably withheld or delayed; provided, however, that Landlord’s determination of matters relating to aesthetic issues relating solely to alterations or changes which are visible outside the Premises shall be in Landlord’s sole discretion, subject to Section 16.32. If Landlord disapproves of any Preliminary Plans, which it shall do, if at all, in writing with detail reasonably sufficient to enable Tenant to timely make any required revisions to the Preliminary Plans. Tenant shall promptly have the Preliminary Plans revised by its architect to incorporate all objections and conditions presented by Landlord and shall resubmit the Preliminary Plans to Landlord no later than ten (10) business days after Landlord has submitted to Tenant its objections and conditions. Such process shall be followed until the Preliminary Plans shall have been approved by Landlord. Once the Preliminary Plans have been approved or deemed approved by Landlord, Tenant shall deliver to Landlord, on or before the Tenant Plans Date, a full set of construction plans and specifications for the Landlord’s Work (the “Plans”) that are prepared by the Approved Architect. Such plans and specifications (the “Plans”) shall contain at least the information required by, and shall conform to the requirements of, Exhibit B-3. Landlord shall have no obligation to perform Landlord’s Work until the Plans shall have been presented to it and approved by it. Provided that the Plans shall contain at least the information required by, and shall conform to the requirements of, Exhibit B-3, Landlord shall not unreasonably withhold or delay its approval of the Plans. However, Landlord’s determination of matters relating to aesthetic issues relating to alterations or changes visible outside the Premises shall be in Landlord’s sole discretion, subject to Section 16.32. If Landlord disapproves of the Plans, which it shall do, if at all, in writing with detail reasonably sufficient to enable Tenant to timely make any required revisions to the Plans. Tenant shall promptly have the Plans revised by its architect to incorporate all objections and conditions presented by Landlord and shall resubmit such the Plans to Landlord no later than ten (10) business days after Landlord has submitted to Tenant its objections and conditions. Such process shall be followed until the Plans shall have been approved by Landlord. If Landlord shall cause fail to be prepared by respond to any submission of Preliminary Plans within ten (10) business days after receipt thereof, or fails to respond to any submission of the Architect a detailed floor plan layout together with working drawings Plans within twenty-one (21) days after receipt thereof, then Tenant may, at any time thereafter, give Landlord another request (the “Existing Premises PlansSecond Request”) containing therefor, which shall clearly identify the plans in question and state in bold face capital letters at least the information contained in Tenant’s Existing Premises Submission and otherwise substantially consistent with the Existing Premises Space Plan; provided, however, top thereof: “WARNING: SECOND REQUEST. FAILURE TO RESPOND TO THIS REQUEST WITHIN FIVE (5) BUSINESS DAYS SHALL RESULT IN DEEMED APPROVAL THEREOF.” If Landlord shall have no responsibility for the installation or connection of Tenant’s computer, telephone, other communication equipment, systems or wiring. Landlord agrees to does not respond to Tenant’s Existing Premises Submission within five (5) business days of after receipt of the sameSecond Request, then Tenant’s submission shall be deemed approved. As soon as practicable after the preparation Landlord’s approval of the Existing Preliminary Plans and the Plans is solely given for the benefit of Landlord under this Work Agreement and neither Tenant nor any third party shall have the right to rely upon Landlord’s approval of the Preliminary Plans or the Plans for any other purpose whatsoever. Without limiting the foregoing, Tenant shall be responsible for all elements of the design of the Preliminary Plans and the Plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Premises Plans but no later than November 8and the placement of Tenant’s furniture, 2016 (subject to extension for Tenant Delayappliances and equipment), Landlord shall furnish to Tenant a written statement of all costs of and Landlord’s Existing Premises Third Floor Work. In connection with the Landlord’s Existing Premises Third Floor Work, Landlord agrees to (i) use X. Xxxxxx & Associates as the general contractor for the Landlord’s Existing Premises Third Floor Work at a management fee of 3% approval of the total costs Preliminary Plans and the Plans shall in no event relieve Tenant of the Landlord’s Existing Premises Third Floor Tesaro Third Amendment (FINAL3) [***] INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 PROMULGATED UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. Work and general conditions fee of 5% of the total costs of the Landlord’s Existing Premises Third Floor Work, and (ii) requests bids for subcontracted trades where the value of the work to be performed responsibility for such trade is expected to exceed $100,000design and compliance with law.

Appears in 1 contract

Samples: Boston, Massachusetts (Rapid7, Inc.)

Preparation of the Plans. Attached hereto as Exhibit C-1 is a space plan prepared by Landlord and Tenant acknowledge that prior to the Architect dated April 21date hereof, 2016 with Landlord, at Landlord’s sole cost and expense, has engaged Xxxxxxx + Will to complete an associated Scope of Work document dated April 21, 2016 (collectively, the “Existing Premises Space Plan”) showing the initial conceptual rendering test fit study of the work to be performed by Landlord Premises, which shall include the laboratory space on the third first (1st) floor of the Building in a portion Premises and Tenant’s office space on the second (2nd) and third (3rd) floors of the Existing Premises (the “Existing Premises Work Area”) as approved by TenantPremises. No later than September 9, 2016 (the Tenant Existing Premises Plans Date”), Tenant shall deliver to Landlord the data and information required by Exhibit B-2 B-3 attached hereto to the Lease for approval by Landlord (“Tenant’s Existing Premises Tenant Submission”) for the work (expressly excluding the Base Building Work) to be performed by Landlord in to prepare the Existing Premises Work Area for Tenant’s occupancy (the Landlord’s Existing Premises Third Floor Tenant Improvement Work”). Landlord’s approval shall not be unreasonably withheld or delayed; provided, however, that Landlord’s determination of matters relating to aesthetic issues relating solely to alterations or changes visible outside the Premises shall be in Landlord’s sole discretion. Landlord Landlord, at its cost and expense, shall cause to be prepared by the Architect a detailed floor plan layout together with working drawings (the “Existing Premises Plans”) containing at least the information contained in Tenant’s Existing Premises Submission and otherwise substantially consistent with the Existing Premises Space Plan; Submission, provided, however, that the Landlord shall have no responsibility for the installation or connection of Tenant’s computer, telephone, other communication equipment, systems or wiring. Landlord agrees to respond to Tenant’s Existing Premises Submission within five (5) business days of receipt of wiring unless shown on the samePlans. As soon as practicable after the preparation of the Existing Premises Plans but no later than November 8, 2016 (subject to extension for Tenant Delay)Plans, Landlord shall furnish to will issue Tenant a written statement of all costs of Landlord’s Existing Premises Third Floor Work. In connection with the Landlord’s Existing Premises Third Floor Work, Landlord agrees to (i) use X. Xxxxxx & Associates as the general contractor for the Landlord’s Existing Premises Third Floor Tenant Improvement Work at which shall include a construction management fee of 3equal to 2.5% of the total cost of hard construction costs of the Landlord’s Existing Premises Third Floor Tesaro Third Amendment (FINAL3) [***] INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 PROMULGATED UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. Work and general conditions fee of 5% of the total costs of the Landlord’s Existing Premises Third Floor Tenant Improvement Work, and (ii) requests bids for subcontracted trades where the value of the work to be performed for such trade is expected to exceed $100,000.

Appears in 1 contract

Samples: Hayden Avenue (Dicerna Pharmaceuticals Inc)

Preparation of the Plans. Attached hereto as Exhibit C-1 is a space plan prepared by the Architect dated April 21, 2016 with an associated Scope of Work document dated April 21, 2016 (collectively, the “Existing Premises Space Plan”) showing the initial conceptual rendering of the work to be performed by Landlord on the third floor of the Building in a portion of the Existing Premises (the “Existing Premises Work Area”) as approved by Tenant. No later than September 9, 2016 (the Tenant Existing Premises Plans Date”), Tenant shall deliver to Landlord the data a full set of construction plans and information required by Exhibit B-2 attached hereto for approval by Landlord (“Tenant’s Existing Premises Submission”) specifications for the work to be performed by Landlord in to prepare the Existing Premises Work Area for Tenant’s occupancy (“Landlord’s Existing Premises Third Floor Work”). Landlord, such plans and specifications to be prepared by an architect, licensed by the Commonwealth of Massachusetts and reasonably approved by Landlord (the “Tenant’s approval shall not be unreasonably withheld or delayed; Submission”), provided, however, that Landlord’s determination of matters relating to aesthetic issues relating solely to alterations or changes visible outside the Premises shall be in Landlord’s sole discretion. Landlord shall cause to be prepared by the Architect a detailed floor plan layout together with working drawings (the “Existing Premises Plans”) containing at least the information contained in Tenant’s Existing Premises Submission and otherwise substantially consistent with the Existing Premises Space Plan; provided, however, Landlord shall have no responsibility for the installation or connection of Tenant’s computer, telephone, other communication equipment, systems or wiring. Such plans and specifications (the “Plans”) shall contain at least the information required by, and shall conform to the requirements of, Exhibit B-2. Landlord agrees shall have no obligation to respond perform Landlord’s Work until the Plans shall have been presented to Tenant’s Existing Premises Submission within five (5) business days of receipt it and approved by it. Provided that the Plans shall contain at least the information required by, and shall conform to the requirements of, Exhibit B-2, Landlord shall not unreasonably withhold or delay its approval of the samePlans. However, Landlord’s determination of matters relating to aesthetic issues relating to alterations or changes visible outside the Premises shall be in Landlord’s sole discretion. As soon as practicable after the preparation receipt of the Existing Premises Plans but no later than November 8, 2016 (subject to extension for Tenant Delay)Plans, Landlord shall notify Tenant as to whether Landlord approves the Plans and shall furnish to Tenant a written statement of all costs of Landlord’s Existing Premises Third Floor Work. In connection with the Landlord’s Existing Premises Third Floor Work, Landlord agrees to (i) use X. Xxxxxx & Associates as the general contractor for the Landlord’s Existing Premises Third Floor Work at Which shall include a construction management fee of 3equal to 4% of the total costs cost of the Landlord’s Existing Premises Third Floor Tesaro Third Amendment (FINAL3) [***] INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 PROMULGATED UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. Work and general conditions fee of 5% of the total costs of the Landlord’s Existing Premises Third Floor Work, and (ii) requests bids for subcontracted trades where the value of the work to be performed for such trade is expected to exceed $100,000.

Appears in 1 contract

Samples: Sublease (Flex Pharma, Inc.)

Preparation of the Plans. Attached hereto as Exhibit C-1 is a space plan prepared Tenant shall engage an architect licensed by the Architect dated April 21, 2016 with an associated Scope Commonwealth of Work document dated April 21, 2016 (collectively, the “Existing Premises Space Plan”) showing the initial conceptual rendering of the work to be performed by Landlord on the third floor of the Building in a portion of the Existing Premises (the “Existing Premises Work Area”) as Massachusetts and approved by Tenant. No later than September 9Landlord, 2016 (the “Tenant Existing Premises Plans Date”), Tenant shall deliver to Landlord the data and information required by Exhibit B-2 attached hereto for approval by Landlord (“Tenant’s Existing Premises Submission”) for the work to be performed by Landlord in the Existing Premises Work Area (“Landlord’s Existing Premises Third Floor Work”). Landlord’s which approval shall not be unreasonably withheld withheld, conditioned, or delayed; provided, howeverto prepare the plans and specifications for Landlord’s Work (“Plans”). The Final Plans shall contain at least the information required by, and shall conform to the requirements of, Exhibit B-1. Subject to delays arising from the default by Landlord in its obligations under this Section III, Tenant shall cause the Plans to be prepared and delivered to Landlord in accordance with the Plans and Construction Schedule set forth in Section 1.2 of the Lease, and as follows: Delivery Date Deliverable Interim Plans Date 50% complete construction documents Long Lead Items Release Date Authorization to Landlord to purchase any long lead time items required in connection with Landlord’s Work (see Section III.A(3) below) Final Plans Date Completed Plans and submission by Tenant to Landlord of all Permit Documentation Authorization to Proceed Date Authorization to Landlord to commence the performance of Landlord’s Work Budget Date Budget Landlord shall have no obligation to perform Landlord’s Work until the Plans shall have been presented to it and approved by it. Provided that the Plans shall contain at least the information required by, and shall conform to the requirements of, Exhibit B-1, Landlord shall not unreasonably withhold or delay its approval of the Plans. However, Landlord’s determination of matters relating to aesthetic issues relating solely to alterations or changes visible outside the Premises shall be in Landlord’s sole discretion. Landlord shall cause have no liability or responsibility for any claim, injury or damage alleged to be prepared have been caused by the Architect a detailed floor plan layout together particular materials, whether building standard or non-building standard, selected by Tenant in connection with working drawings (the “Existing Premises Plans”) containing at least the information contained in Tenant’s Existing Premises Submission and otherwise substantially consistent with the Existing Premises Space Plan; provided, however, Work. Landlord shall have no responsibility for the installation or connection of respond (i.e. by written notice to Tenant either approving Tenant’s computer, telephone, other communication equipment, systems submission or wiring. Landlord agrees to respond to disapproving Tenant’s Existing Premises Submission submission and stating the reasons for such disapproval) to each submission from Tenant within five the following time frames: Deliverable Landlord Response Period Interim Plans Fifteen (515) business days of receipt of the same. As soon as practicable after the preparation of the Existing Premises Final Plans but no later than November 8, 2016 Twenty (subject to extension for Tenant Delay), Landlord shall furnish to Tenant a written statement of all costs of Landlord’s Existing Premises Third Floor Work. In connection with the Landlord’s Existing Premises Third Floor Work, Landlord agrees to (i20) use X. Xxxxxx & Associates as the general contractor for the Landlord’s Existing Premises Third Floor Work at a management fee of 3% of the total costs of the Landlord’s Existing Premises Third Floor Tesaro Third Amendment (FINAL3) [***] INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 PROMULGATED UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. Work and general conditions fee of 5% of the total costs of the Landlord’s Existing Premises Third Floor Work, and (ii) requests bids for subcontracted trades where the value of the work to be performed for such trade is expected to exceed $100,000.business days

Appears in 1 contract

Samples: Agreement (Brightcove Inc)

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Preparation of the Plans. Attached hereto as Exhibit C-1 B-1 is a space plan prepared by Xxxxxxx & Xxxxxxxx (the Architect “Architect”) dated April 21, 2016 with an associated Scope of Work document dated April 21, 2016 (collectively, the “Existing Premises Space Plan”) showing the initial conceptual rendering of the work to be performed by Landlord on in the third floor of the Building in a portion of the Existing Third Floor Third Additional Premises (the “Existing Premises Work Area”) as approved by Tenant. No later than September 9August 19, 2016 (the “Tenant Existing Premises Plans Date”), Tenant shall deliver to Landlord the data and information required by Exhibit B-2 attached hereto for approval by Landlord (“Tenant’s Existing Premises Submission”) for the work to be performed by Landlord in to prepare the Existing Third Floor Third Additional Premises Work Area (“Landlord’s Existing Premises Expansion Third Floor Work”). Landlord’s approval shall not be unreasonably withheld or delayed; provided, however, that Landlord’s determination of matters relating to aesthetic issues relating solely to alterations or changes visible outside the Premises shall be in Landlord’s sole discretion. Landlord shall cause to be prepared by the Architect a detailed floor plan layout together with working drawings (the “Existing Premises Plans”) containing at least the information contained in Tenant’s Existing Premises Submission and otherwise substantially consistent with the Existing Premises Space Plan; provided, however, Landlord shall have no responsibility for the installation or connection of Tenant’s computer, telephone, other communication equipment, systems or wiring. Landlord agrees to respond to Tenant’s Existing Premises Submission within five (5) business days of receipt of the same. As soon as practicable after the preparation of the Existing Premises Plans but no later than November 8September 12, 2016 (subject to extension for Tenant Delay), Landlord shall furnish to Tenant a written statement of all costs of Landlord’s Existing Premises Expansion Third Floor Work. In connection with the Landlord’s Existing Premises Expansion Third Floor Work, Landlord agrees to (i) use X. Xxxxxx & Associates as the general contractor for the Landlord’s Existing Premises Expansion Third Floor Work at a management fee of 3% of the total costs of the Landlord’s Existing Premises Expansion Third Floor Work and general conditions fee of 5% of the total costs of the Landlord’s Expansion Third Floor Work, and (ii) requests bids for subcontracted trades where the value of the work to be performed for such trade is expected to exceed $100,000. Tesaro Third Amendment (FINAL3) [***] INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 PROMULGATED UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. Landlord acknowledges and agrees that Landlord’s Expansion Third Floor Work shall include all necessary work, as reasonably determined by Landlord, to provide privacy to the Third Floor Third Additional Premises, including enclosing the atrium between the 3rd and general conditions fee of 5% 4th floors (the “Infill Work”), but the Infill Work shall be at Landlord’s sole cost and expense and the cost thereof shall not be deducted from the Tenant Allowance or included in the calculation of the total costs of the Landlord’s Existing Premises Third Floor Work, and Tenant Plan Excess Costs (ii) requests bids for subcontracted trades where the value of the work to be performed for such trade is expected to exceed $100,000as defined below).

Appears in 1 contract

Samples: Lease (TESARO, Inc.)

Preparation of the Plans. Attached hereto as Exhibit C-1 B-1 is a space plan prepared by the Architect dated April 21, 2016 with an associated Scope of Work document dated April 21, 2016 Xxxxxxx & Xxxxxxxx (collectively, the “Existing Premises Architect”) dated May 11, 2017 (the “Space Plan”) showing the initial conceptual rendering of the work to be performed by Landlord on in the third floor of the Building in a portion of the Existing Sixth Amendment Premises (the Existing Landlord’s Sixth Amendment Premises Work AreaWork”) as approved by TenantTenant and attached hereto as Exhibit B-2 is an associated scope of work matrix document dated June 6, 2017 (the “Matrix”) (the Space Plan and the Matrix are referred to collectively herein as the “Scope of Work”). As used herein, “Landlord’s Vacant Sixth Amendment Premises Work” shall mean the portion of Landlord’s Sixth Amendment Premises Work to be performed in the Vacant Sixth Amendment Premises and “Landlord’s Occupied Sixth Amendment Premises Work” shall mean the portion of Landlord’s Sixth Amendment Premises Work to be performed in the Occupied Sixth Amendment Premises. No later than September 9, 2016 five (5) business days after Landlord’s request therefor (the “Tenant Existing Premises Plans Response Due Date”), Tenant shall deliver provide Landlord with any information reasonably required in order for the Architect to Landlord prepare the data plans and information required by specifications for Landlord’s Sixth Amendment Premises Work (the “Plans”) based on the Scope of Work and as more fully described in Exhibit B-2 B-3 attached hereto for approval by Landlord (“Tenant’s Existing Premises Submission”) for the work to be performed by Landlord in the Existing Premises Work Area (“Landlord’s Existing Premises Third Floor WorkProvided Information”). Landlord’s approval shall not be unreasonably withheld or delayed; provided, however, that Landlord’s determination of matters relating to aesthetic issues relating solely to alterations or changes visible outside Notwithstanding the Premises shall be in Landlord’s sole discretion. Landlord shall cause to be prepared by the Architect a detailed floor plan layout together with working drawings (the “Existing Premises Plans”) containing at least the information contained in Tenant’s Existing Premises Submission and otherwise substantially consistent with the Existing Premises Space Plan; provided, howeverforegoing, Landlord shall have no responsibility for the installation or connection of Tenant’s computer, telephone, other communication equipment, systems or wiring. Landlord agrees It is agreed that Landlord’s Sixth Amendment Premises Work is intended to respond be “turn-key” and will be completed at Landlord’s sole cost and expense (subject to Tenant’s Existing Premises Submission within five Section 1.1(A)(3), Section 1.1(B)(2) and Section 1.3 of this Work Agreement) in accordance with the Plans and otherwise using materials and finishes that are substantially similar to those existing in the third (53rd) business days of receipt of the same. As soon as practicable after the preparation floor portion of the Existing Premises Plans but no later than November 8, 2016 (subject to extension for Tenant Delay), Landlord shall furnish to Tenant a written statement of all costs of Landlord’s Existing Premises Third Floor Work. In connection with the Landlord’s Existing Premises Third Floor Work, Landlord agrees to (i) use X. Xxxxxx & Associates as the general contractor for the Landlord’s Existing Premises Third Floor Work at a management fee of 3% of the total costs Effective Date of the Landlord’s Existing Premises Third Floor Tesaro Third Amendment (FINAL3) [***] INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 PROMULGATED UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. Work and general conditions fee of 5% of the total costs of the Landlord’s Existing Premises Third Floor Work, and (ii) requests bids for subcontracted trades where the value of the work to be performed for such trade is expected to exceed $100,000this Sixth Amendment.

Appears in 1 contract

Samples: Lease (TESARO, Inc.)

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