Required Submissions. Prior to: (i) performing any of the Base Building Upgrade Work; or (ii) undertaking any Reimbursable Replacement, any Structural Work (whether or not Reimbursable Structural Work), any Legal Requirement Alteration (whether or not a Reimbursable Legal Requirement Alteration) or any Qualified Alteration; Tenant shall (subject to Section 6.3(f)) submit all of the Plans and Specifications therefor to Landlord for Landlord's approval, together with, in case Tenant contends that the work in question is a Reimbursable Alteration, (i) a statement to that effect, and (ii) a good faith estimate of the Costs of such Reimbursable Alteration prepared by a reputable architect, engineer or contractor. Each such submission is herein called a "Plans Submission Notice". Landlord shall give notice (the "Plans and Specifications Notice") to Tenant of Landlord's approval or disapproval of any Plans and Specifications within 20 Business Days after the date upon which the same are given to Landlord (which Plans and Specifications Notice shall, in the case of a disapproval, be accompanied by a reasonably complete and specific statement of the reasons for disapproval); provided, that (A) with respect to all Plans and Specifications submitted by Tenant prior to Tenant's occupancy of the Leased Premises for the conduct of business, the aforesaid 20 Business Day period shall be shortened to 10 Business Days, and (B) with respect to all Plans and Specifications submitted by Tenant after Tenant's occupancy of the Leased Premises for the conduct of business, if (i) at least 10 Business Days before the date upon which Tenant submits all of the Plans and Specifications for the work in question to Landlord, Tenant gives notice to Landlord that Tenant intends to make any replacement of an item of Major Building Equipment or to undertake any Structural Work, Legal Requirement Alteration or Qualified Alteration (which notice shall specify the general nature of the work and an estimated date for the submission of all of the Plans and Specifications therefor to Landlord) and (ii) Tenant delivers all of the Plans and Specifications for the work in question to Landlord within 2 Business Days of the estimated submission date set forth in Tenant's notice, then the aforesaid 20 Business Day period shall be shortened to 10 Business Days. If Tenant's notice shall have included a statement that the work in question is a Reimbursable Alteration, the Plans and Specifications Notice shall include Landlord's agreement or disagreement with such statement.
Appears in 1 contract
Sources: Lease (Goldman Sachs Group Inc)
Required Submissions. Prior to:
Throughout and upon completion of construction of the Tenant Improvements, and in connection with each request for disbursements of the Allowance as more particularly set forth below, Tenant shall promptly provide to Landlord (i) performing any of the Base Building Upgrade Work; or
all preliminary 20-day notices, (ii) undertaking all applications for payment including, without B-3 limitation, all standard AIA G702 Application for Payment forms, (iii) paid invoices or other proof of payment reasonably required by Landlord, (iv) full and final unconditional lien waivers, in form and content provided by Arizona Revised Statutes ("ARS") Section 33-1008.D (or any Reimbursable Replacementsuccessor statute) and otherwise acceptable to Landlord and Landlord's Lender, from Tenant’s general contractor and all other contractors, subcontractors and material suppliers furnishing services or materials to the Building, (v) releases of any Structural Work and all liens which may have been filed with respect to the Tenant Improvements, (whether vi) a copy of any necessary temporary or not Reimbursable Structural Workfinal certificate of occupancy or its equivalent or other governmental approvals necessary for Tenant to occupy the Building, (vii) certificates of insurance required to be maintained by Tenant pursuant to the Lease, (viii) an AIA G713 certificate of the Architect that the Tenant Improvements have been substantially completed (which certificate shall include a punch list as of the date of the certificate), any Legal Requirement Alteration (whether or not ix) a Reimbursable Legal Requirement Alterationcertified statement from Tenant and its general contractor of the actual Total Costs, (x) or any Qualified Alteration; a certificate signed by Tenant shall (subject to Section 6.3(f)) submit and its general contractor certifying that all of the Plans Tenant Improvements (including all punch list items) under the construction contract have been completed and Specifications therefor to Landlord for Landlord's approval, together with, in case Tenant contends that the work in question is a Reimbursable Alterationall Total Costs associated therewith have been fully paid, (ixi) air balance reports, (xii) excess energy use calculations, (xiii) any and all reports of inspections by the City of Mesa or other governmental agencies having jurisdiction, (xiv) the "as-builts", (xv) any warranties, operating manuals and similar items applicable to the Tenant Improvements, (xvi) one year warranty letters from Tenant's contractors, (xvii) a statement to that effectfinal punchlist completed and signed off by the Architect, and (iixviii) a good faith estimate an acceptance of the Costs of such Reimbursable Alteration prepared by a reputable architect, engineer or contractor. Each such submission is herein called a "Plans Submission Notice". Landlord shall give notice (the "Plans and Specifications Notice") to Tenant of Landlord's approval or disapproval of any Plans and Specifications within 20 Business Days after the date upon which the same are given to Landlord (which Plans and Specifications Notice shall, in the case of a disapproval, be accompanied by a reasonably complete and specific statement applicable Phase of the reasons for disapproval); provided, that
(A) with respect to all Plans and Specifications submitted Building signed by Tenant prior to Tenant's occupancy of the Leased Premises for the conduct of business, the aforesaid 20 Business Day period shall be shortened to 10 Business Days, and
(B) with respect to all Plans and Specifications submitted by Tenant after Tenant's occupancy of the Leased Premises for the conduct of business, if (i) at least 10 Business Days before the date upon which Tenant submits all of the Plans and Specifications for foregoing items, together, are herein referred to as the work in question to Landlord, Tenant gives notice to Landlord that Tenant intends to make any replacement of an item of Major Building Equipment or to undertake any Structural Work, Legal Requirement Alteration or Qualified Alteration (which notice shall specify the general nature of the work and an estimated date for the submission of all of the Plans and Specifications therefor to Landlord) and (ii) Tenant delivers all of the Plans and Specifications for the work in question to Landlord within 2 Business Days of the estimated submission date set forth in Tenant's notice, then the aforesaid 20 Business Day period shall be shortened to 10 Business Days. If Tenant's notice shall have included a statement that the work in question is a Reimbursable Alteration, the Plans and Specifications Notice shall include Landlord's agreement or disagreement with such statement"Required Submissions").
Appears in 1 contract
Sources: Industrial Net Lease (Dexcom Inc)