Common use of Space Plans Clause in Contracts

Space Plans. Prior to drafting any construction plans and drawings, Tenant shall furnish Landlord with a hard copy and, to the extent available, an AutoCAD version on diskette, of Tenant’s final space plans for the Premises (“Space Plans”). The Space Plans shall show or specify the locations of all proposed improvements, including partitions, equipment and fixtures, the location of any proposed structural floor penetrations, the location and extent of floor loading in excess of Building capacity, if any, and the location and description of any special HVAC, plumbing or electrical requirements. Landlord shall approve or disapprove the Space Plans by giving written notice to Tenant within ten (10) days after receipt thereof. Landlord shall not unreasonably withhold or condition its approval of the Space Plans. If Tenant’s proposed Leasehold Improvements will, in Landlord’s reasonable judgment, require changes or alterations in the fire protection sprinkler system, HVAC system or other building systems outside of the Premises, and Landlord approves such changes or alterations, such changes or alterations shall be made at Tenant’s expense. If Landlord disapproves the Space Plans, Landlord shall return the Space Plans to Tenant with a statement of Landlord’s specific and detailed reasons for disapproval and specifying any required corrections or revisions. Landlord shall approve or disapprove of any revisions or corrections to the Space Plans by written notice given to Tenant within five (5) business days after receipt of such revisions or corrections. This procedure shall be repeated until Landlord approves the Space Plans. If Landlord fails to respond to any request for approval of the Space Plans or revisions thereto in the time periods required under this Section 3.2, Landlord shall be deemed to have approved the Space Plans or revised Space Plans, as submitted.

Space Plans. Prior to drafting any construction plans and drawingsWithin a commercially reasonable time period after the Execution Date, Tenant shall furnish shall, at its sole expense (but subject to the Premises Construction Allowance), deliver to Landlord space plans prepared by an architect (“Architect”) chosen by Tenant and reasonably approved by Landlord in electronic Autocad format together with a full-size hard copy and, depicting all improvements and alterations desired by Tenant to be installed in or made to the extent available, an AutoCAD version on diskette, of Tenant’s final space plans for the Premises (“Space Plans”). The Space Plans shall show or specify the locations of all proposed improvements, including partitions, equipment and fixtures, the location of any proposed structural floor penetrations, the location and extent of floor loading in excess of Building capacity, if any, and the location and description of any special HVAC, plumbing or electrical requirementsPremises. Landlord shall approve or disapprove the Space Plans by giving written notice to notify Tenant within ten (10) days after receipt thereof. Landlord shall not unreasonably withhold or condition its approval whether it approves of the Space Plans. If Tenant’s proposed Leasehold Improvements will, in Landlord’s reasonable judgment, require changes or alterations in the fire protection sprinkler system, HVAC system or other building systems outside of the Premises, and Landlord approves such changes or alterations, such changes or alterations shall be made at Tenant’s expense. If Landlord disapproves the Space Plans, Landlord shall return the Space Plans to Tenant with a statement of Landlord’s specific and detailed reasons for disapproval and specifying any required corrections or revisions. Landlord shall approve or disapprove of any revisions or corrections to the Space Plans by written notice given to Tenant space plans within five (5) business days after receipt thereof. If Landlord disapproves of the space plans, Landlord shall notify Tenant thereof specifying in reasonable detail the reasons for such revisions disapproval, in which case Tenant shall revise the space plans in accordance with Landlord’s objections and submit revised space plans in accordance with subparagraph (a) above to Landlord for its review and approval. Landlord shall notify Tenant in writing whether or correctionsnot it approves of the resubmitted space plans within three (3) business days after its receipt thereof and, if Landlord disapproves, Landlord shall notify Tenant thereof specifying in reasonable detail the reasons for such disapproval. This procedure process shall be repeated until the space plans have been finally approved by Landlord approves the Space Plansand Tenant. If Landlord fails to respond approve or disapprove of the space plans or the resubmitted space plans, as the case may be, within the applicable time period set forth above in this Section 2.(a), and any such failure is not cured by Landlord within three (3) business days after written notice from Tenant to any request for approval Landlord of such failure, then the space plans as submitted, or as resubmitted, as the case may be, shall be deemed approved by Landlord. As used herein, “Space Plans” means the Preliminary Spaces Plans finally approved or deemed approved by Landlord as provided above. Material changes to the Space Plans shall require Landlord’s prior consent, which consent shall not be unreasonably withheld, conditioned or revisions thereto in delayed. To the time periods required under extent not attached hereto on the Execution Date, this Section 3.2, Landlord shall Work Letter will be deemed automatically amended to have include as Annex 1 hereto the finally approved the Space Plans or revised Space Plans, as submittedPlan.

Space Plans. Prior to drafting any construction plans Within thirty-five (35) days after the execution of the Second Amendment by Tenant and drawingsLandlord, Tenant shall furnish Landlord with a hard copy andsubmit to its architect or designer all additional information, including occupancy requirements for the New Tenant Improvements in the Second Expansion Premises (“Information”), necessary to enable the extent availablearchitect, an AutoCAD version on diskette, of Tenant’s final designer or contractor to prepare space plans for the Premises (“Space Plans”). The Space Plans shall show or specify New Tenant Improvements containing all demising walls, corridors, entrances, exits, doors, interior partitions, and the locations of all proposed improvementsoffices, including partitionsconference rooms, equipment computer rooms, and fixturesother rooms and layout. Landlord shall be entitled to rely upon all plans, drawings and information supplied by or for Tenant in preparing the location space plans. Tenant shall deliver a copy of any proposed structural floor penetrations, the location and extent of floor loading in excess of Building capacity, if any, and the location and description of any special HVAC, plumbing or electrical requirements. Landlord shall approve or disapprove the Space Plans by giving written notice space plans that are acceptable to Tenant within for Landlord’s approval. Within ten (10) business days after receipt thereofof the space plans, Landlord shall notify Tenant in writing that: (i) Landlord approves such space plans; or (ii) Landlord disapproves such space plans in the particular instances specified by Landlord in such notice (including, without limitation, the specific changes requested by Landlord. Landlord shall not unreasonably withhold or condition its approval of to the Space Plansspace plans. If Tenant’s Tenant shall cause any proposed Leasehold Improvements will, in space plans to be revised appropriately to address Landlord’s reasonable judgment, require changes comments and to be resubmitted to Landlord for its prompt review and approval or alterations in the fire protection sprinkler system, HVAC system or other building systems outside of the Premises, and Landlord approves such changes or alterations, such changes or alterations disapproval which shall be made at Tenant’s expense. If Landlord disapproves the Space Plans, Landlord shall return the Space Plans to Tenant with a statement of Landlord’s specific and detailed reasons for disapproval and specifying any required corrections or revisions. Landlord shall approve or disapprove of any revisions or corrections to the Space Plans by written notice given to Tenant provided within five (5) business days after receipt for review of any revised Space Plan. The failure of Landlord to provide such revisions written notice within said ten (10) or corrections. This procedure five (5) business day period shall be repeated until a Landlord approves Delay to the extent such Landlord Delay(s) result in there being less than one hundred eighty (180) days between the date the Construction Plans are approved by Landlord and Tenant and the bidding process under Section described in Section 3.4 below has been completed and April 1, 2012. The space plans approved by the parties as provided above shall be referred to as the “Space Plans. If Landlord fails to respond to any request for approval of the Space Plans or revisions thereto in the time periods required under this Section 3.2, Landlord shall be deemed to have approved the Space Plans or revised Space Plans, as submitted.”

Space Plans. Prior to drafting any construction plans and drawingsWithin 210 days after Tenant’s receipt of the Base Building Plans, Tenant shall furnish prepare and submit to Landlord with for approval a hard copy and, to set of preliminary plans (the extent available, an AutoCAD version on diskette, “Proposed Space Plans“) in the form of a schematic design providing a conceptual layout and description of the Initial Leasehold Improvements. Such Proposed Space Plans shall contain the basic architectural layout plan prepared and stamped by Tenant’s final space plans Architect or Tenant’s Engineer, as the case may be, indicating (i) location of all partitions, (ii) location of all doors, (iii) location of windows, doors and framings, (iv) notes regarding requirements for special air conditioning or ventilation, (v) location of plumbing, and (vi) location of the Premises kitchen and all related kitchen equipment (the “Space PlansKitchen”). The Space Plans shall show or specify Within 15 days after receipt of the locations of all proposed improvements, including partitions, equipment and fixtures, the location of any proposed structural floor penetrations, the location and extent of floor loading in excess of Building capacity, if any, and the location and description of any special HVAC, plumbing or electrical requirements. Landlord shall approve or disapprove the Proposed Space Plans by giving written notice to Tenant within ten (10) days after receipt thereof. Landlord, Landlord shall not unreasonably withhold either approve the Proposed Space Plans or condition its approval notify Tenant of the item(s) of the Proposed Space Plans. If Tenant’s proposed Leasehold Improvements willPlans that Landlord disapproves and the reason(s) therefor as well as the changes thereto which, if made, will result in Landlord’s reasonable judgment, require changes or alterations in the fire protection sprinkler system, HVAC system or other building systems outside of the Premises, and Landlord approves such changes or alterations, such changes or alterations shall be made at Tenant’s expenseapproval. If Landlord disapproves the Proposed Space Plans, Landlord shall return the Space Plans to Tenant with a statement of Landlord’s specific and detailed reasons for disapproval and specifying any required corrections or revisions. Landlord shall approve or disapprove of any revisions or corrections to the Space Plans by written notice given to Tenant shall, within five (5) business ten days after receipt of such revisions or corrections. This procedure Landlord’s disapproval, make the corrections necessary to satisfy Landlord’s concerns, and Tenant shall be repeated until revise and resubmit same to Landlord approves for approval (the “Revised Space Plans“). Within five days after receipt of the Revised Space Plans by Landlord, Landlord shall either approve the Revised Space Plans or notify Tenant of the item(s) of the Revised Space Plans that Landlord disapproves and the reason(s) therefor. If Landlord disapproves the Revised Space Plans, Tenant shall make the further corrections necessary to satisfy Landlord’s concerns, and Tenant shall revise and resubmit same to Landlord for approval, which process shall continue until the Revised Space Plans are approved. The Proposed Space Plans or Revised Space Plans, as approved by Landlord, are hereinafter referred to as the “Space Plans“. If Landlord disapproves the Revised Space Plans or any element thereof, the period of time thereafter incurred to prepare, submit, and obtain approval by Landlord of revisions thereto shall constitute Tenant Delay to the extent provided in Paragraph 23 of this Exhibit B. In no event shall Landlord’s failure to respond be deemed approval by Landlord. If Landlord fails to respond to any request for approval of the Space Plans or revisions thereto in within the time periods required under this Section 3.2specified above, Tenant may deliver another request for Landlord’s response in a Conspicuous Notice. If Landlord shall be deemed fails to have approved respond within five days after its receipt of the Space Plans or revised Space PlansConspicuous Notice, then each day after such five-day period will constitute a day of Landlord Delay. As used herein, a “Conspicuous Notice” means a notice that, as submitteda condition to the effectiveness thereof, must be conspicuously marked, both on the outside of the envelope or delivery container and on the actual notice, “URGENT: IMMEDIATE RESPONSE REQUIRED” in all capital letters and bold type.

Space Plans. Prior to drafting any construction plans and drawingsOn or before January 15, 2001, Tenant shall furnish to Landlord with a hard copy and, to for Landlord's review and approval (which approval shall not be unreasonably withheld) plans indicating the extent available, an AutoCAD version proposed location of walls and partitions on diskette, the floor of Tenant’s final the Premises or other conceptual or space plans for of the improvements Tenant desires in the Premises (“the "Space Plans”"), prepared by an architect retained by ▇▇▇▇▇▇ and reasonably acceptable to Landlord ("Tenant's Architect"). The Space Plans shall (A) show or specify the locations general layout of all proposed improvementsof the improvements which Tenant desires to be constructed in the Premises, including partitionsand all such improvements shall comply with all applicable building codes and other Legal Requirements (as defined in Paragraph 7.a.(16) below), equipment (B) include all applicable telephone and fixturescable requirements, the location of drywall, finish specifications and special requirements, (C) separately note any proposed structural floor penetrations, the location and extent of floor loading in excess of Building capacity, if any, and the location and description of any special HVACwork or extraordinary or supplemental electrical, plumbing or electrical HVAC requirements, and (D) contain such detail and specifications as would permit a general contractor to obtain preliminary estimates of the cost of performing all work shown thereon. The Space Plans and improvements shown thereon shall also comply with the "Tenant Construction Standards" and "Conditions for Construction" applicable to the Building (collectively, the "Building Construction Standards"), receipt of which is hereby acknowledged by Tenant. The Space Plans shall identify any "long-lead" materials (as described in Paragraph 4.a.ii. below) then known by Tenant or ▇▇▇▇▇▇'s Architect. Landlord shall approve or disapprove respond to the Space Plans by giving written notice to Tenant within ten (10) days after Business Days (as defined in Paragraph 17.a. below) of its receipt thereof. Tenant shall respond promptly to any written objections of Landlord shall not unreasonably withhold or condition its approval of the Space Plans. If Tenant’s proposed Leasehold Improvements will, in Landlord’s reasonable judgment, require changes or alterations in the fire protection sprinkler system, HVAC system or other building systems outside of the Premises, and Landlord approves such changes or alterations, such changes or alterations shall be made at Tenant’s expense. If Landlord disapproves the Space Plans, Landlord shall return the Space Plans to Tenant with a statement of Landlord’s specific and detailed reasons for disapproval and specifying any required corrections or revisions. Landlord shall approve or disapprove of any revisions or corrections to the Space Plans and shall resubmit appropriately revised Space Plans prepared by written notice given to Tenant ▇▇▇▇▇▇'s Architect within five (5) business days Business Days after ▇▇▇▇▇▇'s receipt of such revisions or correctionsLandlord's objections. This procedure shall be repeated followed until Landlord approves the Space Plans. If Landlord fails to respond to any request for approval of all objections have been resolved and the Space Plans or revisions thereto in the time periods required under this Section 3.2, Landlord shall be deemed to have approved the Space Plans or revised approved. The Space Plans, as submittedfinally approved in writing by Landlord, shall be referred to herein as the "Final Space Plans."

Space Plans. Prior to drafting any construction plans and drawings, Tenant shall furnish Landlord with a hard copy and, to the extent available, an AutoCAD version on diskette, of Tenant’s 's final space plans for the Premises (“"Space Plans”"). The Space Plans shall show or specify the locations of all proposed improvements, including partitions, cabinetry, equipment and fixtures, shall identify materials and finishes by location, and shall specify the location of any proposed structural floor penetrations, the location and extent of floor loading in excess of the Building capacity, if any, and any special heating, ventilation or air conditioning requirements, the location and description of any special HVACplumbing requirements, plumbing or and any special electrical requirements. In addition, the Space Plans shall show telephone and telecommunications facilities, and computer and electronic data facilities. Landlord shall approve or disapprove the Space Plans by giving written notice given to Tenant within ten seven (107) business days after receipt thereofof the Space Plans. Landlord shall not unreasonably withhold or condition its approval of the Space Plans, provided that, without limiting the generality of the foregoing, Landlord shall be entitled to withhold its consent to the Space Plans if, in Landlord's good faith judgment, any one or more of the following situations exist: (a) the proposed Tenant Improvements will adversely affect the exterior appearance of the Project; (b) the proposed Tenant Improvements may impair the structural strength of the Project, adversely affect the roof or any of the Building Systems or materially adversely affect the value of the Project; (c) the specifications for the proposed Tenant Improvements are not consistent with, or would detract from, the character or image of the Project; or (d) the proposed Tenant Improvements are inconsistent with the provisions of the Construction Guide. If Tenant’s 's proposed Leasehold Improvements interior partitioning or other aspects of the Tenant Improvement Work will, in Landlord’s reasonable 's good faith judgment, require changes or alterations in any portion of the fire protection sprinkler system, HVAC system or other building systems Building Systems outside of the Premises, and Landlord approves such changes or alterations, such changes or alterations shall be made at Tenant’s 's expense. If Landlord disapproves the Space Plans, Landlord shall return the Space Plans to Tenant with a statement of Landlord’s specific and detailed 's reasons for disapproval and disapproval, or specifying any required corrections or and/or revisions. Landlord shall approve or disapprove of any revisions or corrections to the Space Plans by written notice given to Tenant within five (5) business days after receipt of such revisions or correctionsrevisions. This procedure shall be repeated until Landlord approves the Space Plans. If Landlord fails to respond to any request for approval of the Space Plans or revisions thereto in the time periods required under this Section 3.2, Landlord shall be deemed to have approved the Space Plans or revised Space Plans, as submitted.

Space Plans. Prior The preliminary space plan and the estimated budget therefore are attached hereto as Schedules “C-2” and “C-3,” respectively. Lessee acknowledges that, as of the date of execution and delivery hereof, the estimated budgeted costs of constructing improvements pursuant to drafting any such preliminary space plan, excluding construction plans management, architectural and drawingsengineering fees, are in excess of the Tenant Offset (as defined in Section 3(a) below). Lessee agrees to cooperate with Lessors space planner and/or architect, who shall furnish Landlord with a hard copy and, to the extent available, an AutoCAD version on diskette, of Tenant’s final prepare detailed space plans for the Premises which shall include, but not be limited to, locations of doors, partitioning, electrical fixtures, outlets and switches, plumbing fixtures, extraordinary floor loads and other special requirements, for improvements. Lessor shall approve space plans prepared by Lessor’s architect (and approved by Lessee) in writing within three (3) business days following receipt from Lessee (the “Space PlansPlan Approval Date”). The Space Plans shall show or specify the locations of all proposed improvements, including partitions, equipment and fixtures, the location of any proposed structural floor penetrations, the location and extent of floor loading in excess of Building capacity, if any, and the location and description of any special HVAC, plumbing or electrical requirements. Landlord shall approve or disapprove the Space Plans by giving written notice If Lessor fails to Tenant so notify Lessee within ten such three (10) days after receipt thereof. Landlord shall not unreasonably withhold or condition its approval of the Space Plans. If Tenant’s proposed Leasehold Improvements will, in Landlord’s reasonable judgment, require changes or alterations in the fire protection sprinkler system, HVAC system or other building systems outside of the Premises, and Landlord approves such changes or alterations, such changes or alterations shall be made at Tenant’s expense. If Landlord disapproves the Space Plans, Landlord shall return the Space Plans to Tenant with a statement of Landlord’s specific and detailed reasons for disapproval and specifying any required corrections or revisions. Landlord shall approve or disapprove of any revisions or corrections to the Space Plans by written notice given to Tenant within five (53) business days after receipt of such revisions or corrections. This procedure shall be repeated until Landlord approves the Space Plans. If Landlord fails to respond to any request for approval of the Space Plans or revisions thereto in the time periods required under this Section 3.2days, Landlord Lessor shall be deemed to have approved such space plans. If Lessor timely notifies Lessee of any disapproval of the space plans, Lessor’s notice of disapproval shall also set forth its reasons for disapproval and suggested revisions to the space plans in order to satisfy the concerns of Lessor. Lessee may have its own architect prepare space plans, at its expense, prior to the Space Plans or revised Space PlansPlan Approval Date. The Parties acknowledge and agree that, as submittedof the date of this Lease, the Parties desire to retain the existing large major kitchen area and bathrooms along with such of the existing fixtures, cabinets, built-in Subzero, ducting and lighting located therein as the existing Lessee surrenders to Lessor and shall use commercially reasonable efforts, on and subject to the terms of this Work Letter, to do so.

Space Plans. Prior to drafting any construction plans and drawingsConstruction Drawings, Tenant shall furnish Landlord with a hard copy and, to the extent available, an AutoCAD version on diskette, of Tenant’s final space plans for the Premises (“Space Plans”). The Space Plans shall show or specify the locations of all proposed improvements, including partitions, cabinetry, equipment and fixtures, shall identify materials and finishes by location, and shall specify the location of any proposed structural floor penetrations, the location and extent of floor loading in excess of Building capacity, if any, and any special HVAC requirements, the location and description of any special HVACplumbing requirements, plumbing or and any special electrical requirements. In addition, the Space Plans shall show telephone and telecommunications facilities, and computer and electronic data facilities. Landlord shall approve or disapprove the Space Plans by giving written notice given to Tenant within ten (10) business days after receipt thereofof the Space Plans. Landlord shall not unreasonably withhold or condition its approval of the Space Plans. If Tenant’s proposed Leasehold Improvements will, provided that, without limiting the generality of the foregoing, Landlord shall be entitled to withhold its consent to the Space Plans if, in Landlord’s reasonable good faith judgment, require changes any one or alterations in the fire protection sprinkler system, HVAC system or other building systems outside more of the following situations exist: (a) the proposed Tenant Improvements will adversely affect the exterior appearance of the Building; (b) the proposed Tenant Improvements may impair the structural strength of the Building, adversely affect any Systems or materially adversely affect the value of the Building; (c) the Exhibit B–2 proposed Tenant Improvement Work would trigger the necessity under Laws or otherwise for work to be performed outside the Premises; (d) the specifications for the proposed Tenant Improvements are not consistent with, and Landlord approves such changes or alterationswould detract from, such changes the character or alterations shall be made at image of the Project; or (e) the proposed Tenant Improvement Work is specialized for Tenant’s expenseparticular use and would not be used by typical warehouse/industrial tenants. If Landlord disapproves the Space Plans, Landlord shall return the Space Plans to Tenant with a statement of Landlord’s specific and detailed reasons for disapproval and disapproval, or specifying any required corrections or and/or revisions. Landlord shall approve or disapprove of any revisions or corrections to the Space Plans by written notice given to Tenant within five (5) business days after receipt of such revisions or correctionsrevisions. This procedure shall be repeated until Landlord approves the Space Plans. If Landlord fails to respond to any request for approval of the Space Plans or revisions thereto in the time periods required under this Section 3.2, Landlord shall be deemed to have approved the Space Plans or revised Space Plans, as submitted.