Common use of Space Planning and Engineering Clause in Contracts

Space Planning and Engineering. 1.1 Landlord has provided to Tenant the existing architectural and engineering drawings for the base building improvements for the Building (“Landlord’s Drawings”). 1.2 Tenant shall retain Landlord’s Building architect, D▇▇ ▇▇▇▇▇▇▇▇▇, or, at its option, another architect reasonably approved by Landlord as Tenant’s architect (“Tenant’s Architect”). Tenant shall retain an engineer reasonably approved by Landlord as Tenant’s engineer (“Tenant’s Engineer”) to perform mechanical, electrical, plumbing, and life safety engineering; in addition, Tenant shall retain Landlord’s designated structural engineers to provide engineering design review pertaining to structural design issues. Tenant shall use reasonable efforts to provide to Landlord the Tenant-approved space plans for the Premises (collectively referred to herein as “Space Plans”) prepared by Tenant’s Architect by May 31, 2007. The Approved Space Plans shall contain information specified in Exhibit A and shall be sufficiently complete to permit Landlord to review such drawings for the purpose of determining conformity with the base building specifications for the Building and for the purposes described in Section 1.3 below. 1.3 Landlord shall have 5 business days after receipt of the Space Plans to have its engineers (“Landlord’s Engineers”) review the Space Plans. Tenant’s Architect will advise Landlord and Landlord’s Engineers whether the Building HVAC System and/or the electrical service will have to be supplemented to allow installation of work shown on the Space Plans. If Landlord determines that the Space Plans (i) are inconsistent with the base building specifications for the Building, including the HVAC system or electrical system; (ii) do not contain all of the information specified in Exhibit A or are not sufficiently complete to permit Landlord to review them for the purposes set forth herein; or (iii) indicate space usages inconsistent with the Lease, Landlord will advise Tenant and Tenant will revise the Space Plans accordingly, resubmit them to Landlord, and the review procedure and time frames set forth above will be repeated. When approved by Landlord and Tenant, the Space Plans will be signed or initialed by Landlord and Tenant; such approved drawings will be deemed the “Approved Space Plans.” Landlord’s approval of the Space Plans creates no responsibility or liability on the part of Landlord for completeness, design sufficiency, or compliance with all Applicable Laws. 1.4 Within sixty (60) days of the Approved Space Plans, Tenant shall use reasonable efforts to provide Landlord with architectural working drawings prepared by Tenant’s Architect (the “Architectural Working Drawings”) and structural, plumbing, fire protection, mechanical, controls, electrical and life safety engineering drawings (collectively, the “Engineering Working Drawings”) prepared by Tenant’s Engineer, all of which shall be prepared substantially in the form provided in Exhibit A. If reinforcement of the floor is required, Tenant shall have the right, at its sole cost and expense, to reinforce the floor in any areas specified by Tenant’s Architect and as designed by Tenant’s Engineer, subject to the prior written approval of Landlord. The Architectural Working Drawings shall be coordinated by Tenant’s Architect with Landlord’s Drawings and the Approved Space Plans. The Architectural Working Drawings and the Engineering Working Drawings shall be approved by Tenant and shall be logical extensions of the Approved Space Plans for the Premises. Tenant and Tenant’s Architect shall be responsible for the consistency between the Architectural Working Drawings and the Engineering Working Drawings, conflicts with Base Building Work and field conditions (unless such field conditions materially vary from Landlord’s Drawings, as modified) and for the Architectural Working Drawings and the Engineering Working Drawings complying with building code provisions. Landlord shall notify Tenant’s Architect of changes in Landlord’s Drawings affecting the Tenant Improvements within 5 business days of an actual change in such drawings (not just a proposed change), so as to minimize interference with or delay to completion of Tenant’s Working Drawings. Landlord may identify items that Landlord may require Tenant to remove upon the expiration or earlier termination of the Lease in accordance with the Lease. If the review by Landlord or Landlord’s Engineers, if applicable, uncovers design errors, Landlord shall give notice thereof, including any review comments, within 10 business days after Landlord’s receipt of Tenant’s Architectural Working Drawings and the Engineering Working Drawings. If Landlord does not reply within such period, it shall be presumed that Landlord has no objection thereto, however, such approval shall not limit Landlord’s right to request changes in the future in the event design errors are discovered (which request shall be made as soon as practicable following such discovery) and Tenant shall not be obligated to make changes as to which notice is given beyond such 10 day period unless the safety of the Tenant Improvements is affected or that are required by Applicable Laws. If Landlord notifies Tenant of design errors pursuant to this Section (within the time period, as applicable), Tenant shall revise the Architectural Working Drawings and the Engineering Working Drawings accordingly, and resubmit them to Landlord only for review of those design issues noted by Landlord after Landlord’s initial review of the Working Drawings. Landlord shall provide written approval or comments within 3 business days of Tenant’s resubmission and the review procedure set forth above shall be repeated. Delay caused by such revisions shall be deemed Tenant Delay. Tenant shall simultaneously submit its Working Drawings to Landlord for review, to Tenant’s contractor for final pricing, and for building permit review. Revisions required by Landlord as a result of its approval shall be incorporated by Tenant into pricing and permitting submittals and any delays shall be deemed Tenant Delay. When approved (or deemed approved) by Landlord and Tenant, such Working Drawings shall be deemed the “Final Drawings.” 1.5 Changes to the Final Drawings may be made only upon prior written approval of Landlord, which approval will not be unreasonably withheld. Landlord will respond to all written requests for changes within three (3) business days of Landlord’s receipt. If Landlord does not respond within such period, Landlord will be deemed to have consented to the requested changes. Landlord’s review of the Space Plans or Tenant’s Working Drawings do not imply approval by Landlord as to the Final Drawings’ compliance with Applicable Laws.

Appears in 1 contract

Sources: Lease Agreement (Dot Hill Systems Corp)

Space Planning and Engineering. 1.1 Landlord has provided to Tenant the existing architectural and engineering drawings for the base building tenant improvements for existing (if any) in the Building Expansion Premises (“Landlord’s Drawings”). 1.2 Tenant shall retain Landlord’s Building then-current architect, D▇▇ ▇▇▇▇▇▇▇▇▇, or, at its option, another architect reasonably approved by Landlord as Tenant’s architect (“Tenant’s Architect”). Landlord hereby agrees that the following architects are deemed acceptable to Landlord as Tenant’s Architect: ▇▇▇▇▇▇▇, ▇▇▇▇ and TPS, Tenant Planning Services. Tenant shall retain an engineer reasonably approved by Landlord Landlord’s design engineers for electrical, plumbing and life safety as Tenant’s engineer (“Tenant’s Engineer”) to perform mechanical, electrical, plumbing, and life safety engineering; in . In addition, Tenant shall retain Landlord’s designated structural engineers to provide engineering design review pertaining to structural design issuesissues and Tenant shall retain Landlord’s designated mechanical engineer to perform all design review and construction coordination related to all mechanical elements of the Expansion Premises. Tenant shall use reasonable efforts to provide to Landlord the Tenant-approved space plans for the Expansion Premises (collectively referred to herein as “Space Plans”) prepared by Tenant’s Architect by May 31June 28, 20072013. The Approved Space Plans shall contain information specified in Exhibit A B and shall be sufficiently complete to permit Landlord to review such drawings for the purpose of determining conformity with the base building specifications for the Building and for the purposes described in Section 1.3 below. 1.3 Landlord shall have 5 Within five (5) business days after of receipt by Landlord of the Space Plans to have Plans, Landlord and its engineers (“Landlord’s Engineers”) will review the Space Plans. Tenant’s Architect will advise Landlord and Landlord’s Engineers whether the Building HVAC System and/or the electrical service will have to be supplemented to allow installation of work shown on the Space Plans. If Landlord determines that the Space Plans (i) are inconsistent with the base building specifications for the Building, including the HVAC system or electrical system; (ii) do not contain all of the information specified in Exhibit A B or are not sufficiently complete to permit Landlord to review them for the purposes set forth herein; or (iiiii) indicate space usages inconsistent with the LeaseLease (as amended by the First Amendment), Landlord will advise Tenant and Tenant will revise the Space Plans accordingly, resubmit them to Landlord, and the review procedure and time frames set forth above will be repeated. Failure by Landlord to advise Tenant of such determination within said 5-day period shall be deemed to be a Landlord Delay; if Landlord does not respond within such period, Landlord shall be deemed to have approved such Space Plans. When approved by Landlord and Tenant, the Space Plans will be signed or initialed by Landlord and Tenant; such approved drawings will be deemed the “Approved Space Plans.” Landlord’s approval of the Space Plans creates no responsibility or liability on the part of Landlord for completeness, design sufficiency, or compliance with all Applicable Laws. 1.4 Within sixty (60) days Promptly following receipt of the Approved Space Plans, Tenant shall use reasonable efforts to provide Landlord with architectural working drawings prepared by Tenant’s Architect (the “Architectural Working Drawings”) and structural, plumbing, fire protection, mechanical, controls, electrical and life safety engineering drawings (collectively, the “Engineering Working Drawings”) prepared by Tenant’s Engineer, all of which shall be prepared substantially in the form provided in Exhibit A. If reinforcement of the floor is required, Tenant shall have the right, at its sole cost and expense, to reinforce the floor in any areas specified by Tenant’s Architect and as designed by Tenant’s Engineer, subject to the prior written approval of Landlord. B. The Architectural Working Drawings shall be coordinated by Tenant’s Architect with Landlord’s Drawings and the Approved Space Plans. The Architectural Working Drawings and the Engineering Working Drawings shall be approved by Tenant and shall be logical extensions of the Approved Space Plans for the Expansion Premises. Tenant and Tenant’s Architect shall be responsible for the consistency between the Architectural Working Drawings and the Engineering Working Drawings, conflicts with base building specifications or Base Building Work and field conditions (unless such field conditions materially vary from Landlord’s Drawings, as modified) and for the Architectural Working Drawings and the Engineering Working Drawings complying with building code provisions. Landlord shall notify Tenant’s Architect of changes in Landlord’s Drawings affecting the Tenant Improvements Finish Work within 5 business days of an actual change in such drawings (not just a proposed change), so as to minimize interference with or delay to completion of Tenant’s Working Drawings. Landlord may shall identify items that Landlord may will require Tenant to remove upon the expiration or earlier termination of the Lease in accordance with the Lease. If Notwithstanding the review foregoing, Landlord will make its election regarding removal of Finish Work at the time Landlord approves such Finish Work if such election by Landlord or is expressly requested by Tenant as to any Finish Work requiring Landlord’s Engineers, if applicable, uncovers design errors, Landlord shall give notice thereof, including any review comments, within 10 business days after Landlord’s receipt of Tenant’s Architectural Working Drawings and the Engineering Working Drawingsconsent. If Landlord does not reply within such period, it shall be presumed that Landlord has no objection thereto, however, such approval shall not limit Landlord’s right to request changes in the future in the event design errors are discovered (which request shall be made as soon as practicable following such discovery) and Tenant shall not be obligated fails to make changes as to which such election following receipt of a notice is given beyond requesting such 10 day period unless the safety of the Tenant Improvements is affected or that are required by Applicable Laws. If Landlord notifies Tenant of design errors pursuant to this Section (within the time period, as applicable)election, Tenant shall revise the Architectural Working Drawings and the Engineering Working Drawings accordingly, and resubmit them have no obligation to Landlord only for review of those design issues noted by Landlord after Landlord’s initial review of the Working Drawings. Landlord shall provide written approval or comments within 3 business days of Tenant’s resubmission and the review procedure set forth above shall be repeated. Delay caused by remove any such revisions shall be deemed Tenant Delay. Tenant shall simultaneously submit its Working Drawings to Landlord for review, to Tenant’s contractor for final pricing, and for building permit review. Revisions required by Landlord as a result of its approval shall be incorporated by Tenant into pricing and permitting submittals and any delays shall be deemed Tenant Delay. When approved (or deemed approved) by Landlord and Tenant, such Working Drawings shall be deemed the “Final DrawingsFinish Work. 1.5 Changes Tenant will copy Landlord on all changes to the Final Drawings may be made only upon prior Drawings. In the event Landlord has comment or concern with any change, Landlord will issue a written approval of Landlord, which approval directive and Tenant will not be unreasonably withheldrectify. Landlord will respond to all written requests for changes within three (3) 3 business days of Landlord’s receipt. If Landlord does not respond within such period, Landlord will be deemed to have consented to the requested changes. Landlord’s review of the Space Plans or Tenant’s Working Drawings do not imply approval by Landlord as to the Final Drawings’ compliance with Applicable Laws.

Appears in 1 contract

Sources: Lease (Redwood Trust Inc)

Space Planning and Engineering. 1.1 2.1 Within thirty (30) days after execution of the Lease, Tenant shall provide to Landlord has provided to Tenant the existing architectural and engineering drawings a Tenant-approved space plan for the base building improvements for Premises (the Building (Landlord’s DrawingsSpace Plan). 1.2 Tenant shall retain Landlord’s Building architect, D▇▇ ▇▇▇▇▇▇▇▇▇, or, at its option, another ) prepared by an architect reasonably approved by Landlord as Tenant’s architect (“Tenant’s Architect”). Tenant shall retain an engineer reasonably approved by Landlord as Tenant’s engineer (“Tenant’s Engineer”) to perform mechanical, electrical, plumbing, and life safety engineering; in addition, Tenant shall retain Landlord’s designated structural engineers to provide engineering design review pertaining to structural design issues. Tenant shall use reasonable efforts to provide to Landlord the Tenant-approved space plans for the Premises (collectively referred to herein as “The Space Plans”) prepared by Tenant’s Architect by May 31, 2007. The Approved Space Plans shall Plan will contain information specified in Exhibit A B attached hereto and shall will be sufficiently complete to permit Landlord to review such drawings for the purpose of determining conformity with the base building specifications for the Building and for the purposes described in Section 1.3 2.2 below. The Space Plan will be prepared by Tenant’s Architect at Tenant’s sole cost and expense, subject to Landlord’s payment of the Finish Allowance as hereinafter provided. 1.3 Landlord shall have 5 2.2 Within five (5) business days after of receipt by Landlord of the Space Plans to have Plan, Landlord and its engineers (“Landlord’s Engineers”) will review the Space PlansPlan and confer with Tenant. Tenant’s Architect will advise Landlord and Landlord’s Engineers whether the base building specifications for the Building HVAC System and/or the electrical service will have to be supplemented to allow installation of work shown on the Space PlansPlan. If Landlord determines that the Space Plans Plan (i) are is inconsistent with the base building specifications Preliminary Plans and Specifications for the Building, including the HVAC system or electrical system; (ii) do does not contain all of the information specified in Exhibit A B or are is not sufficiently complete to permit Landlord to review them it for the purposes set forth herein; or (iii) indicate indicates space usages inconsistent with the Lease, Landlord will advise Tenant and Tenant will revise the Space Plans Plan accordingly, resubmit them it to Landlord, and the review procedure and time frames set forth above will be repeated. If Landlord fails to give notice within the applicable five (5) business day period that it disapproves of the Space Plan or any revisions thereto submitted by Tenant, said Space Plan shall be deemed to have been approved. When approved by Landlord and Tenant, the Space Plans Plan will be signed or initialed by Landlord and Tenant; such approved drawings will be deemed the “Approved Space PlansPlan.” Landlord’s approval of the Space Plans Plan creates no responsibility or liability on the part of Landlord for completeness, design sufficiency, or compliance with all Applicable LawsLegal Requirements. 1.4 Within sixty (60) days of the Approved Space Plans, 2.3 Tenant shall use reasonable efforts will submit to provide Landlord with architectural working drawings prepared by Tenant’s Architect (the “Architectural Working Drawings”) and structural, plumbing, fire protection, mechanical, controls, electrical and life safety engineering drawings (collectively, for the “Engineering Working Drawings”) prepared by Tenant’s Engineer, all of which shall be prepared Premises substantially in the form provided required in Exhibit A. If reinforcement of the floor is required, Tenant shall have the right, at its sole cost and expense, to reinforce the floor in any areas specified by Tenant’s Architect and as designed by Tenant’s Engineer, subject to the prior written approval of Landlord. B. The Architectural Working Drawings shall will be coordinated by Tenant’s Architect with the Construction Drawings prepared by Landlord’s Drawings and the Approved Space PlansEngineers. The Architectural Working Drawings and the Engineering Working Drawings shall will be approved by Tenant and shall be a logical extensions extension of the Approved Space Plans for the PremisesPlan. Tenant and Tenant, through Tenant’s Architect shall Architect, will be responsible for the consistency between compliance of the Architectural Working Drawings and the Engineering Working Drawings, conflicts with Base Building Work and field conditions (unless such field conditions materially vary from Landlord’s Drawings, as modified) and for the Architectural Working Drawings and the Engineering Working Drawings complying with building code provisions. Landlord shall notify Tenant’s Architect of changes in Landlord’s Drawings affecting the Tenant Improvements within 5 business days of an actual change in such drawings (not just a proposed change), so as to minimize interference with or delay to completion of Tenant’s Working Drawings. Landlord may identify items that Landlord may require Tenant to remove upon the expiration or earlier termination of the Lease in accordance with the LeaseApplicable Legal Requirements. If the review by Landlord or Landlord’s Engineers, if applicable, Engineers uncovers design errors, Landlord shall will give notice thereof, including any review comments, thereof within 10 five (5) business days after Landlord’s receipt of the Architectural Drawings submitted by Tenant; if the drawings are deemed acceptable in Landlord’s Architectural Working Drawings and reasonable discretion, Landlord will communicate its approval on or before the Engineering Working Drawingsexpiration of such period. If Landlord does not reply within such period, it shall will be presumed deemed that Landlord has no objection theretoapproved the Architectural Drawings. Any changes to the Architectural Drawings requested by Landlord after its written or deemed approval thereof shall be subject to Tenant’s prior written approval, however, such which approval shall not limit be unreasonably withheld, conditioned or delayed so long as the same are consistent with the Approved Plan, and shall be at Landlord’s right to request changes in the future in the event design errors are discovered (which request shall be made as soon as practicable following such discovery) sole cost and Tenant shall not be obligated to make changes as to which notice is given beyond such 10 day period unless the safety of the Tenant Improvements is affected or that are required by Applicable Lawsexpense. If Landlord notifies Tenant of design errors pursuant to this Section (within the time period, as applicable)errors, Tenant shall will revise the Architectural Working Drawings and the Engineering Working Drawings accordingly, accordingly and resubmit them to Landlord only for review of those design issues noted by Landlord after Landlord’s initial review of the Working Drawings. Landlord shall provide written approval or comments within 3 business days of Tenant’s resubmission and the review procedure set forth above shall will be repeated. Delay caused by such revisions shall be deemed Tenant Delay. Tenant shall simultaneously submit its Working Drawings to Landlord for review, to Tenant’s contractor for final pricing, and for building permit review. Revisions required by Landlord as a result of its approval shall be incorporated by Tenant into pricing and permitting submittals and any delays shall be deemed Tenant Delay. When approved (or deemed approved) by Landlord and Tenant, such Working the Architectural Drawings shall will be deemed the “Final Drawingssigned or initialed by Tenant and Landlord. 1.5 2.4 Changes to the Final Architectural Drawings may be made only upon prior written approval of Landlord, which approval will not be unreasonably withheld, conditioned or delayed. Landlord will respond to all written requests for changes within three (3) business days of Landlord’s receipt. If Landlord does not respond within such period, Landlord will be deemed to have consented to the requested changes. Landlord’s review of the Space Plans Plan or Tenant’s Working Architectural Drawings do does not imply approval by Landlord as to the Final Drawings’ compliance with Applicable LawsLegal Requirements. 2.5 Landlord agrees that it will not withhold its approval to any of the plans and specifications submitted pursuant to this Section 2 except for just and reasonable cause and will not act in an arbitrary or capricious manner with respect to the approval of the same.

Appears in 1 contract

Sources: Lease (Constant Contact, Inc.)

Space Planning and Engineering. 1.1 Landlord has provided to Tenant the existing architectural and engineering drawings for the base building improvements for the 1841 Building and/or the 1351 Building (“Landlord’s Drawings”). 1.2 Tenant shall retain has retained Landlord’s Building architect, D▇▇ ▇▇▇▇▇▇▇▇▇, or, at its option, another architect reasonably approved by Landlord as Tenant’s architect (“Tenant’s Architect”). Tenant shall retain an engineer reasonably approved by Landlord as Tenant’s engineer (“Tenant’s Engineer”) to perform mechanical, electrical, plumbing, and life safety engineering; in addition, Tenant shall retain Landlord’s designated approved structural engineers to provide engineering design review pertaining to structural design issues. Tenant shall use reasonable efforts to provide has provided to Landlord the Tenant-approved space plans for the Premises (collectively referred to herein as “Space Plans”) prepared by Tenant’s Architect by May 31, 2007Architect. The Approved Space Plans shall contain information specified in Exhibit A and shall be sufficiently complete to permit Landlord to review such drawings for the purpose of determining conformity with the base building specifications for the Building and for the purposes described in Section 1.3 below. 1.3 Landlord shall have 5 business days after receipt of the Space Plans to have its engineers (“Landlord’s Engineers”) review the Space Plans. Tenant’s Architect will advise Landlord and Landlord’s Engineers whether the Building HVAC System and/or the electrical service will have to be supplemented to allow installation of work shown on the Space Plans. If Landlord determines that the Space Plans (i) are inconsistent with the base building specifications for the Building, including the HVAC system or electrical system; (ii) do not contain all of the information specified in Exhibit A or are not sufficiently complete to permit Landlord to review them for the purposes set forth herein; or (iii) indicate space usages inconsistent with the Lease, Landlord will advise Tenant and Tenant will revise the Space Plans accordingly, resubmit them to Landlord, and the review procedure and time frames set forth above will be repeated. When approved by Landlord and Tenant, the Space Plans will be signed or initialed by Landlord and Tenant; such approved drawings will be deemed the “Approved Space Plans.” Landlord’s approval of the Space Plans creates no responsibility or liability on the part of Landlord for completeness, design sufficiency, or compliance with all Applicable Lawsapplicable laws. 1.4 Within sixty (60) days of the Approved Space Plans, Tenant shall use reasonable efforts to provide Landlord with architectural working drawings prepared by Tenant’s Architect (the “Architectural Working Drawings”) and structural, plumbing, fire protection, mechanical, controls, electrical and life safety engineering drawings (collectively, the “Engineering Working Drawings”) prepared by Tenant’s Engineer, all of which shall be prepared substantially in the form provided in Exhibit A. . If reinforcement of the floor is required, Tenant shall have the right, at its sole cost and expense, to reinforce the floor in any areas specified by Tenant’s Architect and as designed by Tenant’s Engineer, subject to the prior written approval of Landlord. The Architectural Working Drawings shall be coordinated by Tenant’s Architect with Landlord’s Drawings and the Approved Space Plans. The Architectural Working Drawings and the Engineering Working Drawings shall be approved by Tenant and shall be logical extensions of the Approved Space Plans for the Premises. Tenant and Tenant’s Architect shall be responsible for the consistency between the Architectural Working Drawings and the Engineering Working Drawings, conflicts with Base Building Work and field conditions (unless such field conditions materially vary from Landlord’s Drawings, as modified) and for the Architectural Working Drawings and the Engineering Working Drawings complying with building code provisions. Landlord shall notify Tenant’s Architect of changes in Landlord’s Drawings affecting the Tenant Improvements within 5 business days of an actual change in such drawings (not just a proposed change), so as to minimize interference with or delay to completion of Tenant’s Working Drawings. Landlord may identify items that Landlord may require Tenant to remove upon the expiration or earlier termination of the Lease in accordance with the Lease. If the review by Landlord or Landlord’s Engineers, if applicable, uncovers design errors, Landlord shall give notice thereof, including any review comments, within 10 business days after Landlord’s receipt of Tenant’s Architectural Working Drawings and the Engineering Working Drawings. If Landlord does not reply within such period, it shall be presumed that Landlord has no objection thereto, however, such approval shall not limit Landlord’s right to request changes in the future in the event design errors are discovered (which request shall be made as soon as practicable following such discovery) and Tenant shall not be obligated to make changes as to which notice is given beyond such 10 day period unless the safety of the Tenant Improvements is affected or that are required by Applicable Lawsapplicable laws. If Landlord notifies Tenant of design errors pursuant to this Section (within the time period, as applicable), Tenant shall revise the Architectural Working Drawings and the Engineering Working Drawings accordingly, and resubmit them to Landlord only for review of those design issues noted by Landlord after Landlord’s initial review of the Working Drawings. Landlord shall provide written approval or comments within 3 business days of Tenant’s resubmission and the review procedure set forth above shall be repeated. Delay caused by such revisions shall be deemed Tenant Delay. Tenant shall simultaneously submit its Working Drawings to Landlord for review, to Tenant’s contractor for final pricing, and for building permit review. Revisions required by Landlord as a result of its approval shall be incorporated by Tenant into pricing and permitting submittals and any delays shall be deemed Tenant Delay. When approved (or deemed approved) by Landlord and Tenant, such Working Drawings shall be deemed the “Final Drawings.” 1.5 Changes to the Final Drawings may be made only upon prior written approval of Landlord, which approval will not be unreasonably withheld. Landlord will respond to all written requests for changes within three (3) business days of Landlord’s receipt. If Landlord does not respond within such period, Landlord will be deemed to have consented to the requested changes. Landlord’s review of the Space Plans or Tenant’s Working Drawings do does not imply approval by Landlord as to the Final Drawings’ compliance with Applicable Lawsapplicable laws.

Appears in 1 contract

Sources: Lease Agreement (Dot Hill Systems Corp)

Space Planning and Engineering. 1.1 Landlord has provided to Tenant the existing architectural and engineering drawings for the base building improvements for the Building Complex to be completed by Landlord ("Landlord’s Drawings”'s Drawings")(as further described on Exhibit 4 to this Work Letter), as prepared by ▇▇▇▇▇, ▇▇▇▇▇▇ & ▇▇▇▇▇ Architects (such architectural firm or its replacement, if replaced by Landlord prior to completion of construction, is referred to as the "Landlord's Architect"). Landlord shall have the right to make changes and modifications in the base building improvements during construction and Landlord shall provide copies to Tenant -of modifications to Landlord's Drawings promptly as and when available to reflect such modifications for portions of the drawings applicable to the Premises; Tenant shall have the right to approve (which approval shall not be unreasonably withheld, conditioned or delayed) substantial changes to the Building Complex (exclusive of Plaza II) which materially adversely affect Tenant's use of the Premises or the cost or scope of the Finish Work, other than changes required by Applicable Laws or as required during construction to adjust to field conditions. The work to be completed by Landlord in accordance with the Landlord's Drawings as modified is hereinafter referred to as the "Base Building Work." Landlord shall complete the Base Building Work in a good and workmanlike manner in accordance with Applicable Laws and the Declaration. 1.2 Tenant shall retain Landlord’s Building architect, D▇▇ either ▇▇▇▇▇▇▇▇▇, or, at its option, ▇ and Associates or another architect reasonably approved by Landlord as Tenant’s 's architect ("Tenant’s 's Architect”). Tenant shall retain an engineer ") and either ▇▇▇▇▇▇▇/▇'▇▇▇▇▇ and Associates or KTA Associates as Tenant's engineer, or a substitute reasonably approved by Landlord as which approval shall not be unreasonably withheld, conditioned or delayed ( "Tenant’s engineer 's Engineers"); Landlord reserves the right to elect to retain separate engineers (“Tenant’s Engineer”) to perform mechanical, electrical, plumbing, and life safety engineering; in addition, Tenant shall retain "Landlord’s designated structural engineers 's Engineers" to provide engineering design a separate review pertaining to structural design issueson behalf of Landlord of plans prepared by Tenant's Architect and Tenant's Engineers. Tenant shall use reasonable efforts to provide to Landlord the Tenant-approved space plans for the Premises (collectively referred to herein as "Space Plans") prepared by Tenant’s 's Architect by May 31August 15, 20071999; Tenant shall also have Tenant's Engineers review the Space Plans on Tenant's behalf for conformity to the design specifications for the base building structure and systems. The Approved Space Plans shall contain information specified in Exhibit A 1 and shall be sufficiently complete to permit Landlord and Landlord's Engineers to review such drawings for the purpose of determining conformity conforming the Space Plans with the base building specifications for the Building and for the purposes described in Section 1.3 below. The Space Plans shall be prepared by Tenant's Architect at Tenant's sole cost and expense, subject to Landlord's payment of the Allowance as hereinafter provided. 1.3 Landlord shall have Within 5 business days after receipt by Landlord of the Space Plans to have its engineers (“Landlord’s Engineers”) Plans, Landlord shall review the Space PlansPlans and confer with Tenant concerning such review. Tenant’s Architect will 's Engineers, and Landlord's Engineers, if applicable, shall advise Landlord and Landlord’s Engineers Tenant whether the Building HVAC System and/or the electrical service base building structure and systems will have to be supplemented or modified in order to allow installation of work shown on the Space Plans. If Landlord determines or the such engineers reasonably determine that the Space Plans (i) are inconsistent with the base building specifications for the Building, including the HVAC system or electrical system; (ii) do not contain all of the information specified in Exhibit A 1 or are not sufficiently complete to permit Landlord to review them for the purposes set forth hereintherein; or (iii) indicate space usages inconsistent with the Lease, Landlord will advise shall notify Tenant and in writing of Landlord's determination setting forth the specific reasons therefor. Thereafter, Tenant will shall revise the Space Plans accordingly, accordingly within 5 business days of being informed of such determination and resubmit them to Landlord, Landlord and the review procedure and time frames set forth above will shall be repeated. Any delay by Landlord in responding within the applicable periods or delays arising from errors by Landlord or its engineers in such review process shall be deemed "Landlord Delay" to the extent that such delay results in delaying approval of the Approved Space Plans beyond the 15th day following receipt by Landlord of the initial Space Plans; except for such delay, approval of Approved Space Plans shall not delay the Commencement Date under Section 2.5 below. Tenant shall pay all reasonable costs and expenses incurred by Landlord in connection with review and approval of the Space Plans by Landlord's Engineers, which amounts shall be paid from the Allowance. When approved by Landlord and Tenant, the Space Plans will shall be signed or initialed acknowledged as such by Landlord and Tenant; Tenant signing each sheet therefor and such approved drawings will shall be deemed the "Approved Space Plans.” Landlord’s approval of the Space Plans creates no responsibility or liability on the part of Landlord for completeness, design sufficiency, or compliance with all Applicable Laws." 1.4 Within sixty (60) days of the Approved Space PlansOn or before September 15, 1999, Tenant shall use reasonable efforts to provide Landlord with architectural working drawings prepared by Tenant’s 's Architect (the "Architectural Working Drawings") and structural, plumbing, fire protection, mechanical, mechanical controls, electrical and life safety engineering drawings prepared by Tenant's Engineers (collectively, the “"Engineering Working Drawings") prepared for the Premises approved by Tenant’s Engineer, all of which shall be prepared Tenant for review by Landlord substantially in the form provided in Exhibit A. If reinforcement of the floor is required, Tenant shall have the right, at its sole cost and expense, to reinforce the floor in any areas specified by Tenant’s Architect and as designed by Tenant’s Engineer, subject to the prior written approval of Landlord1. The Architectural Working Drawings shall be coordinated by Tenant’s 's Architect with Landlord’s Drawings and the Approved Space Plans. The Architectural Working Drawings and the Engineering Working Drawings shall be approved prepared by Tenant and shall be logical extensions of the Approved Space Plans for the Premises. Tenant and Tenant’s Architect shall be responsible for the consistency between the Architectural Working Drawings and the Engineering Working Drawings, conflicts with Base Building Work and field conditions (unless such field conditions materially vary from Landlord’s Drawings, as modified) and for the Architectural Working Drawings and the Engineering Working Drawings complying with building code provisions. Landlord shall notify Tenant’s Architect of changes in Landlord’s Drawings affecting the Tenant Improvements within 5 business days of an actual change in such drawings (not just a proposed change), so as to minimize interference with or delay to completion of Tenant’s Working Drawings. Landlord may identify items that Landlord may require Tenant to remove upon the expiration or earlier termination of the Lease in accordance with the Lease. If the review by Landlord or Landlord’s Engineers, if applicable, uncovers design errors, Landlord shall give notice thereof, including any review comments, within 10 business days after Landlord’s receipt of Tenant’s Architectural Working Drawings and the Engineering Working Drawings. If Landlord does not reply within such period, it shall be presumed that Landlord has no objection thereto, however, such approval shall not limit Landlord’s right to request changes in the future in the event design errors are discovered (which request shall be made as soon as practicable following such discovery) and Tenant shall not be obligated to make changes as to which notice is given beyond such 10 day period unless the safety of the Tenant Improvements is affected or that are required by Applicable Laws. If Landlord notifies Tenant of design errors 's Engineers pursuant to this Section (within the time period, as applicable), Tenant shall revise the Architectural Working Drawings and the Engineering Working Drawings accordingly, and resubmit them to Landlord only for review of those design issues noted by Landlord after Landlord’s initial review of the Working Drawings. Landlord shall provide written approval or comments within 3 business days of Tenant’s resubmission and the review procedure set forth above shall be repeated. Delay caused by such revisions shall be deemed Tenant Delay. Tenant shall simultaneously submit its Working Drawings to Landlord for review, to Tenant’s contractor for final pricing, and for building permit review. Revisions required by Landlord as a result of its approval shall be incorporated by Tenant into pricing and permitting submittals and any delays shall be deemed Tenant Delay. When approved (or deemed approved) by Landlord and Tenant, such Working Drawings shall be deemed the “Final DrawingsParagraph 1.” 1.5 Changes to the Final Drawings may be made only upon prior written approval of Landlord, which approval will not be unreasonably withheld. Landlord will respond to all written requests for changes within three (3) business days of Landlord’s receipt. If Landlord does not respond within such period, Landlord will be deemed to have consented to the requested changes. Landlord’s review of the Space Plans or Tenant’s Working Drawings do not imply approval by Landlord as to the Final Drawings’ compliance with Applicable Laws.

Appears in 1 contract

Sources: Office Lease (Onepoint Communications Corp /De)

Space Planning and Engineering. 1.1 2.1 Landlord has provided shall, within three (3) business days after the date hereof, provide to Tenant (or "Tenant's Architect" as hereinafter defined) the existing architectural and engineering drawings for the base building Building and related improvements for the Building ("Landlord’s 's Drawings"). 1.2 2.2 Tenant shall retain Landlord’s Building architect, D▇▇ ▇▇▇▇▇▇▇▇▇, or, at its option, another architect reasonably approved by Landlord as Tenant’s architect (“Tenant’s Architect”). Tenant shall retain an engineer reasonably approved by Landlord as Tenant’s engineer (“Tenant’s Engineer”) to perform mechanical, electrical, plumbing, and life safety engineering; in addition, Tenant shall retain Landlord’s designated structural engineers to provide engineering design review pertaining to structural design issues. Tenant shall use reasonable efforts to provide to Landlord the Tenant-approved space plans for the Premises (collectively referred to herein as "Space Plans") prepared by Tenant’s Architect by May 31▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, 2007Incorporated (the "Architect"). The Approved Space Plans shall contain information specified in Exhibit A and shall be sufficiently complete to permit Landlord to review such drawings for the purpose of determining conformity with the base building specifications for the Building and for the purposes described in Section 1.3 2.3 below. 1.3 Landlord shall have 5 2.3 Within three (3) business days after of receipt by Landlord of the Space Plans to have its Plans, Landlord and engineers selected by Landlord ("Landlord’s 's Engineers") shall review the Space PlansPlans and confer with Tenant concerning such review. Tenant’s The Architect will shall advise Landlord and Landlord’s 's Engineers whether the Building HVAC System and/or the electrical service will have to be supplemented in order to allow installation of work shown on the Space Plans. If It Landlord determines that the Space Plans (i) are inconsistent with the base building specifications for the Building, including including, without limitation, the HVAC system or electrical system; (ii) do not contain all of the information specified in Exhibit A or are not sufficiently complete to permit Landlord to review them for the purposes set forth herein; or (iii) indicate space usages inconsistent with the Lease, Landlord will shall so advise Tenant and Tenant will shall revise the Space Plans accordingly, accordingly and resubmit them to Landlord, Landlord and the review procedure and time frames set forth above will shall be repeated. Landlord shall pay all costs and expenses incurred in connection with review and approval of the Space Plans by Landlord's Engineers, which costs shall not be included within the Allowance as hereinafter provided. When approved by Landlord and Tenant, the Space Plans will shall be signed or initialed acknowledged as such by Landlord and Tenant; Tenant signing each sheet therefor and such approved drawings will shall be deemed the "Approved Space Plans.” Landlord’s approval of the Space Plans creates no responsibility or liability on the part of Landlord for completeness, design sufficiency, or compliance with all Applicable Laws." 1.4 Within sixty (60) days of 2.4 Based upon the Approved Space Plans, Tenant shall use reasonable efforts to provide Landlord with architectural working drawings have prepared by Tenant’s Architect (the “Architectural Working Drawings”) and structural, plumbing, fire protection, mechanical, mechanical controls, electrical and life safety engineering drawings (collectively, "Engineering working Drawings"). The costs for the preparation of the Engineering Working Drawings”) prepared working Drawings shall be borne by Tenant’s Engineer, all of which shall be prepared substantially in the form provided in Exhibit A. If reinforcement of the floor is required, Tenant shall have the right, at its sole cost and expense, to reinforce the floor in any areas specified by Tenant’s Architect and as designed by Tenant’s Engineer, subject to Landlord's payment of the prior written approval of Allowance provided in the Lease . 2.5 Tenant shall provide Landlord with architectural working drawings prepared by the Architect (the Architectural Working Drawings") for the Premises approved by Tenant for review by Landlord and Landlord's Engineers. The Architectural Working Drawings shall be coordinated by Tenant’s the Architect with Landlord’s the Engineering Working Drawings. The Architectural working Drawings and shall be a logical extension of the Approved Space Plans. The Architectural Working Drawings and the Engineering Working Drawings shall be approved by Tenant and shall be logical extensions of the Approved Space Plans for the Premises. Tenant and Tenant’s Architect shall be responsible for the consistency between the Architectural Working Drawings and the Engineering Working Drawings, conflicts with Base Building Work and field conditions (unless such field conditions materially vary from Landlord’s Drawings, as modified) and for the Architectural Working Drawings and the Engineering Working Drawings complying with building code provisions. Landlord shall notify Tenant’s Architect of changes in Landlord’s Drawings affecting the Tenant Improvements within 5 business days of an actual change in such drawings (not just a proposed change), so as to minimize interference with or delay to completion of Tenant’s Working Drawings. Landlord may identify items that Landlord may require Tenant to remove upon the expiration or earlier termination of the Lease in accordance with the Lease. If the review by Landlord or Landlord’s Engineers, if applicable, 's Engineers uncovers design errors, Landlord shall give notice thereof, including any review comments, thereof within 10 four (4) business days after Landlord’s 's receipt of Tenant’s Architectural Working Drawings and submitted by Tenant; if the Engineering Working Drawingsdrawings are deemed acceptable, Landlord shall communicate its approval on or before the expiration of such period. If Landlord does not reply within such period, it shall be presumed deemed that Landlord has no objection thereto, however, such approval shall not limit Landlord’s right to request changes in the future in the event design errors are discovered (which request shall be made as soon as practicable following such discovery) and Tenant shall not be obligated to make changes as to which notice is given beyond such 10 day period unless the safety of the Tenant Improvements is affected or that are required by Applicable Laws. If Landlord notifies Tenant of design errors pursuant to this Section (within the time period, as applicable)errors, Tenant shall revise the Architectural Working Drawings and the Engineering Working Drawings accordingly, accordingly and resubmit them to Landlord only for review of those design issues noted by Landlord after Landlord’s initial review of the Working Drawings. Landlord shall provide written approval or comments within 3 business days of Tenant’s resubmission and the review procedure set forth above shall be repeated. Delay caused by such revisions shall be deemed Tenant Delay. Tenant shall simultaneously submit its Working Drawings to Landlord for review, to Tenant’s contractor for final pricing, and for building permit review. Revisions required by Landlord as a result of its approval shall be incorporated by Tenant into pricing and permitting submittals and any delays shall be deemed Tenant Delay. When approved (or deemed approved) by Landlord and Tenant, such the Engineering Working Drawings and the Architectural Working Drawings shall be acknowledged as such by Tenant and Landlord signing each sheet thereof and such approved drawings shall be deemed the "Final Working Drawings." Landlord shall pay all costs and expenses incurred in connection with its review and approval of the Architectural working Drawings. 1.5 Changes 2.6 Material changes to the Final Working Drawings may be made only upon prior written approval of Landlord, which approval will shall not be unreasonably withheld. Landlord will shall respond to all written requests for changes within three (3) business days of Landlord’s receipt's receipt of the same. If Landlord does not respond within such much period, Landlord will shall be deemed to have consented to the requested changes. Landlord’s review of the Space Plans or Tenant’s Working Drawings do not imply approval by Landlord as to the Final Drawings’ compliance with Applicable Laws.

Appears in 1 contract

Sources: Building Lease (Rhythms Net Connections Inc)

Space Planning and Engineering. 1.1 Landlord has provided to Tenant the existing architectural and engineering drawings for the base building improvements for the Building Complex to be completed by Landlord ("Landlord’s Drawings”'s Drawings "). 1.2 Tenant shall retain Landlord’s Building architect(as further described on Exhibit 4 to this Work Letter), Das prepared by ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ (such architectural firm or its replacement, if replaced by Landlord prior to completion of construction, is referred to as the "Landlord's Architect "). The work to be completed by Landlord in accordance with Landlord's Drawings is referred to as the "Building Improvements." If Tenant desires that the Landlord's Drawings be modified in any manner, then Landlord shall reasonably endeavor to address Tenant's concerns. If Landlord's sole reason for rejecting a proposed change is the increased cost that will be incurred if the change is adopted, and if Tenant agrees to pay the entire incremental cost attributable to such change, then Landlord shall agree to adopt the proposed change and Tenant shall thus pay such entire incremental cost within 30 days after Landlord's submission of a statement of the additional expenses attributable to such changes, as additional rent. Landlord shall have the right to make changes and modifications in the base building improvements during construction and Landlord shall provide copies to Tenant of modifications to Landlord's Drawings promptly as and when available to reflect such modifications for portions of the drawings applicable to the Premises as soon as possible and, if possible, prior to commencing such work; provided that Tenant shall have the right to approve (which approval shall not be unreasonably withheld, conditioned or delayed) substantial changes to the Building Complex which materially adversely affect Tenant's use of the Premises or the cost or scope of the Tenant Work, other than changes required by Applicable Laws or as required during construction to adjust to field conditions. Landlord shall complete the Building Improvements in a good and workmanlike manner in accordance with Applicable Laws, in a manner consistent with construction practices for a "Class A" building in the Northern Virginia area and in accordance with the Declaration. 1.2 Tenant shall retain Studios Architecture or, at its option, another architect reasonably approved by Landlord as Tenant’s 's architect ("Tenant’s Architect”'s Architect "). Tenant shall retain an WFT Engineering or, at its option, another engineer reasonably approved by Landlord as Tenant’s 's engineer ("Tenant’s 's Engineer") to perform mechanical, electrical, plumbing, and life safety engineeringsafety; in addition, Tenant shall retain Landlord’s 's designated structural engineers to provide engineering design review pertaining to structural design issuesissues (the "Structural Engineers"). Tenant shall use reasonable efforts to provide to Landlord the Tenant-approved space plans for the Premises (collectively referred to herein as "Space Plans”Plans ") prepared by Tenant’s 's Architect by May 31, 2007the Space Plan Deadline set forth on Exhibit 6. The Approved Space Plans shall contain information specified in Exhibit A 1 and shall be sufficiently complete to permit Landlord to review such drawings for the purpose of determining conformity with the base building specifications for the Building and for the purposes described in Section 1.3 below. The Space Plans shall be prepared by Tenant's Architect at Tenant's sole cost and expense, subject to Landlord's payment of the Allowance as hereinafter provided; Landlord may deduct from the Allowance Landlord's actual costs paid to third parties for assistance in review of the Space Plans if reasonably required by Landlord. 1.3 Landlord shall have Within 5 business days after receipt by Landlord of the Space Plans to have its engineers (“Landlord’s Engineers”) Plans, Landlord shall review the Space PlansPlans and confer with Tenant concerning such review. Landlord shall respond to such submission, in accordance with the scope of review set forth in this Section 1.3, within 5 business days after Landlord's receipt thereof (including Landlord's receipt of Tenant’s Architect will advise Landlord 's written response to each of Landlord's prior comments). Such review and Landlord’s Engineers whether the Building HVAC System and/or the electrical service will have to be supplemented to allow installation of work shown on the Space Plans. If Landlord determines that resubmission process shall continue until the Space Plans (including Tenant's responses to Landlord's comments on such Space Plans) are approved by Landlord. Landlord's approval shall not be unreasonably withheld, conditioned or delayed and the scope of Landlord's review of Tenant's proposed Space Plans shall be limited to only those portions thereof that (i) are inconsistent with readily visible to the base building specifications for exterior of the Building or the common and public areas thereof, or (ii) are structural in nature, or (iii) affect the electrical, mechanical, fire or life safety systems within the Building, including (iv) are related to conformance with all applicable building, zoning and other codes or regulations affecting the HVAC system or electrical system; Building, (iiv) do not contain all of the information specified in Exhibit A 1 or are not sufficiently complete to permit Landlord to review them for the purposes set forth hereintherein; or (iiivi) indicate space usages inconsistent with the LeasePermitted Use or Ancillary Uses, (vii) are necessary to determine consistency with class A office space finishes and the requirements of Exhibit 7 (the "Landlord's Scope of Review "). The Structural Engineers shall advise Landlord will advise Tenant and Tenant whether the base building structure and systems will have to be supplemented or modified in order to allow installation of work shown on the Space Plans. If Landlord objects to the draft Space Plans or requires changes, within Landlord's Scope of Review, Tenant shall revise the Space Plans accordingly, accordingly within 5 business days of receipt of being informed of such determination and resubmit them to Landlord, Landlord and the review procedure and time frames set forth above will shall be repeated. Any delay by Landlord in responding within the applicable periods or delays arising from errors by Landlord in such review process shall be deemed Landlord Delay to the extent that such delay is beyond the specified periods and results in delaying approval of the Approved Space Plans beyond the Space Plan Deadline set forth in Exhibit 6. Tenant shall pay all reasonable costs and expenses incurred by Landlord in connection with review and approval of the Space Plans by the Engineers, which amounts shall be paid from the Allowance, provided, however, that Tenant's liability for Landlord's costs and expenses relating to the review of any or all of Tenant's plans and drawings, including the Space Plans, shall not exceed $25,000 (based on an itemized statement of such costs with engineering fees billed at $______ per hour). When approved by Landlord and Tenant, the Space Plans will shall be signed or initialed acknowledged as such by Landlord and Tenant; Tenant signing each sheet therefor and such approved drawings will shall be deemed the "Approved Space Plans.” Landlord’s approval of the Space Plans creates no responsibility or liability on the part of Landlord for completeness, design sufficiency, or compliance with all Applicable Laws." 1.4 Within sixty (60) days of On or before the Approved Space PlansPhase 1 Draft Architectural Drawings Deadline set forth in Exhibit 6, Tenant shall use reasonable efforts to provide Landlord with architectural working drawings and engineering working drawings for Phase 1. On or before the Phase II Draft Architectural Drawings Deadline set forth in Exhibit 6, Tenant shall provide Landlord with architectural working drawings and engineering working drawings for Phase II. The architectural working drawings (collectively, the "Architectural Working Drawings") shall be prepared by Tenant’s 's Architect (and the “Architectural Working Drawings”) and structural, plumbing, fire protection, mechanical, mechanical controls, electrical and life safety engineering drawings (collectively, the "Engineering Working Drawings") shall be prepared by Tenant’s 's Engineer, all of which shall be prepared substantially in the form provided in Exhibit A. If reinforcement of the floor is required, Tenant shall have the right, at its sole cost and expense, to reinforce the floor in any areas specified by Tenant’s Architect and as designed by Tenant’s Engineer, subject to the prior written approval of Landlord1. The Architectural Working Drawings shall be coordinated by Tenant’s 's Architect with Landlord’s 's Drawings and the Approved Space Plans. The Architectural Working Drawings and the Engineering Working Drawings shall be approved by Tenant and shall be logical extensions of the Approved Space Plans for the PremisesPremises approved by Tenant for review by Landlord substantially in the form provided in Exhibit 1. Tenant's Architect shall be responsible for any conflicts between the Architectural Working Drawings and field conditions (unless such field conditions materially vary from Landlord's Drawings, as modified). Tenant and Tenant’s Architect shall be responsible for the consistency between the Architectural Working Drawings and the Engineering Working Drawings, conflicts with Base Building Work Improvements and field conditions (unless such field conditions materially vary from Landlord’s Drawings, as modified) and for the Architectural Working Drawings and the Engineering Working Drawings complying with building code provisions. Subject to Section 1.1, Landlord shall notify Tenant’s 's Architect of changes in Landlord’s 's Drawings affecting the Tenant Improvements Work within 5 five (5) business days of an actual change in such drawings (not just a proposed change), so as to minimize interference with or delay to completion of Tenant’s 's Working Drawings. Landlord may identify items that Landlord may require Tenant to remove upon the expiration or earlier termination Any problems caused by any inconsistency of the Lease drawings shall be Tenant's sole responsibility (subject to Tenant or Tenant's Architect receiving Landlord's Drawings and changes in accordance with the LeaseLandlord's Drawings). If the review by Landlord or Landlord’s Engineers's engineers, if applicable, uncovers design errors, Landlord shall give notice thereof, including any review comments, within 10 business days after Landlord’s 's receipt of Tenant’s Architectural Working Drawings and the Engineering Working DrawingsDrawings submitted by Tenant. If Landlord does not reply within such period, it shall be presumed that Landlord has no objection thereto, however, such approval shall not limit Landlord’s 's right to request changes in the future in the event design errors are discovered (which request shall be made as soon as practicable following such discovery) and Tenant shall not be obligated to make changes as to which notice is given beyond such 10 day period unless the safety of the Tenant Improvements Work is affected or that are required by Applicable Laws. If Landlord notifies Tenant of design errors pursuant to this Section (within the time period, as applicable), Tenant shall revise the Architectural Working Drawings and the Engineering Working Drawings accordingly, and resubmit them to Landlord only for review of those design issues noted by Landlord after Landlord’s 's initial review of the Working Drawings. Landlord shall provide written approval or comments within 3 business days of Tenant’s 's resubmission and the review procedure set forth above shall be repeated. Delay caused by such revisions shall be deemed Tenant Delay. When approved (or deemed approved) by Landlord and Tenant, such drawings shall be deemed the "Final Working Drawings ." Tenant shall simultaneously submit its Working Drawings to Landlord for review, to Tenant’s 's contractor for final pricing, and for building permit review. Revisions Landlord acknowledges that in order to maintain its schedule, Tenant may submit its Working Drawings for pricing and permitting simultaneously with submittal to Landlord. However, any revisions required by Landlord as a result of its approval shall be incorporated by Tenant into pricing and permitting submittals and any delays shall be deemed Tenant Delay. When approved (or deemed approved) by Landlord and Tenant, such Working Drawings shall be deemed the “Final Drawings.” 1.5 Changes to the Final Drawings may be made only upon prior written approval of Landlord, which approval will not be unreasonably withheld. Landlord will respond to all written requests for changes within three (3) business days of Landlord’s receipt. If Landlord does not respond within such period, Landlord will be deemed to have consented to the requested changes. Landlord’s review of the Space Plans or Tenant’s Working Drawings do not imply approval by Landlord as to the Final Drawings’ compliance with Applicable Laws.

Appears in 1 contract

Sources: Lease Agreement (Lifeminders Inc)