Tenant’s Plans. Tenant shall be solely responsible for the preparation of the final architectural, electrical and mechanical construction drawings, plans and specifications (called “Tenant’s Plans”) necessary to construct the Relocation Premises for Tenant’s occupancy, which plans shall be submitted to Landlord for approval by Landlord’s architect and engineers on or before June 1, 2012, and Tenant’s Plans shall comply with their requirements to avoid aesthetic or other conflicts with the design and function of the balance of the Building. Landlord’s architect and engineers shall respond to any plan submission by Tenant within five (5) Business Days after Landlord’s receipt thereof. In the event Landlord’s architect’s or engineers’ approval of Tenant’s Plans is withheld or conditioned (and such approval shall not be unreasonably withheld or conditioned), Landlord shall send written notification thereof to Tenant and include a reasonably detailed statement identifying the reasons for such refusal or condition, and Tenant shall have the plans revised by its architect to incorporate all reasonable objections and conditions presented by Landlord and shall resubmit such plans to Landlord within ten (10) days after receipt of Landlord’s notice of disapproval. Such process shall be followed until the plans shall have been approved by the Landlord’s architect and engineer without unreasonable objection or condition, except that after the initial five-(5)-Business-day period, any further submissions/resubmissions shall be made within three (3) Business Days. If Landlord fails to respond to submitted plans within the applicable period set forth above, then the September 10, 2012, date set forth in the table incorporated in Section III.A below shall be extended on a day-for-day basis for each day that any such failure continues. Without limiting the foregoing, Tenant shall be responsible for all elements of the design of Tenant’s plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Relocation Premises and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval of Tenant’s Plans shall in no event relieve Tenant of the responsibility for such design. Tenant shall be solely responsible for the timely preparation and submission of all such Tenant Plans and for all elements of the design of such Tenant’s Plans and for all costs related thereto. (The word “architect” as used in this Section II (C) shall include an interior designer or space planner.)
Appears in 3 contracts
Samples: Office Lease Agreement (Imprivata Inc), Office Lease Agreement (Imprivata Inc), Office Lease Agreement (Imprivata Inc)
Tenant’s Plans. (i) Tenant shall be solely responsible for diligently pursue the preparation of the final architectural, electrical and mechanical construction all drawings, plans and specifications (called “Tenant’s Plans”) necessary to construct the Relocation Premises for Tenant’s occupancyTenant Improvements in accordance with this Paragraph 2(b). All such plans, which plans drawings and specifications shall be submitted performed by an architect and/or engineer (as applicable) reasonably acceptable to Landlord for approval by Landlord’s architect and engineers on or before June 1, 2012Tenant, and Tenant’s Plans shall include the following: (i) a space plan for the Premises; (ii) complete architectural, engineering and other plans for the Tenant Improvements; and (iii) a list of tenant improvement building standards for interior design, including a schedule (e.g. color palate, material board and spec sheets) of all interior color and finishes. Items (ii) and (iii) above are collectively referred to herein as “Working Drawings”. The space plan and Working Drawings shall comply with their requirements all applicable regulations, laws, ordinances, codes and rules. Tenant shall submit its space plan to avoid aesthetic or other conflicts with the design Landlord, CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH “[***]”. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT UNDER RULE 406 OF THE SECURITIES ACT OF 1933. for review and function of the balance of the Building. approval in Landlord’s architect and engineers shall respond to any plan submission by Tenant within five sole discretion. Within ten (510) Business Days business days after Landlord’s receipt thereof. In the event Landlord’s architect’s or engineers’ approval of Tenant’s Plans is withheld or conditioned (and such approval shall not be unreasonably withheld or conditioned)submission, Landlord shall send written notification thereof to Tenant and include a reasonably detailed statement identifying either approve or disapprove the reasons for such refusal or condition, and space plan. Tenant shall have the plans revised by its architect make any changes necessary in order to incorporate all reasonable objections and conditions presented correct any item identified by Landlord as grounds for its disapproval, and shall resubmit such plans the correct space plan to Landlord within ten (10) business days after receipt of Landlord’s notice of disapproval. Such process Within ten (10) business days after Landlord received the revised space plan, Landlord shall approve or disapprove it. This procedure shall be followed repeated until the plans shall have been space plan is finally approved by the Landlord’s architect Landlord and engineer without unreasonable objection or condition, except that after the initial five-(5)-Business-day period, any further submissions/resubmissions shall be made within three (3) Business Dayswritten approval has been delivered to Tenant. If Landlord fails to respond to submitted plans approve or disapprove any submission within the applicable required time period set forth above, then the September 10, 2012, date set forth in the table incorporated in Section III.A below Landlord shall be extended on deemed to have disapproved such submission. Landlord has approved the space plan for Building 2, a day-for-day basis for each day that any such failure continues. Without limiting copy of which is attached hereto as Schedule 2 (the foregoing, Tenant shall be responsible for all elements of the design of Tenant’s plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Relocation Premises and the placement of Tenant’s furniture, appliances and equipment“Building 2 Space Plan”), and subject to Landlord’s approval of Tenant’s Plans shall right to review and approve the Working Drawings, interior color and finishes, materials, specifications, and other items pursuant to Paragraph 2(b)(ii) and (iii) below, and further subject to compliance and conformance with the Minimum Specifications (as defined in no event relieve Tenant of the responsibility for such design. Tenant shall be solely responsible for the timely preparation and submission of all such Tenant Plans and for all elements of the design of such Tenant’s Plans and for all costs related thereto. (The word “architect” as used in this Section II (CParagraph 2(b)(iii) shall include an interior designer or space plannerbelow).)
Appears in 3 contracts
Samples: Lease Agreement (Cloudera, Inc.), Lease Agreement (Cloudera, Inc.), Lease Agreement (Cloudera, Inc.)
Tenant’s Plans. Within 10 business days after receipt of Tenant’s Plans, Landlord shall review and either approve or disapprove Tenant’s Plans. If Landlord disapproves Tenant’s Plans, or any portion thereof. Landlord shall notify Tenant thereof and of the revisions Landlord requires before Landlord will approve Tenant’s Plans. Within 10 business days after Landlord’s notice, Tenant shall be solely responsible submit to Landlord, for the preparation of the final architectural, electrical Landlord’s review and mechanical construction drawingsapproval, plans and specifications (called incorporating the required revisions. The final plans and specifications approved by Landlord are hereinafter referred to as the “Tenant’s PlansApproved Construction Documents”) necessary . Tenant will employ experienced, licensed contractors, architects, engineers and other consultants, approved by Landlord, to construct the Relocation Premises for Tenant’s occupancy, which plans shall be submitted to Landlord for approval Tenant Work and will require in the applicable contracts that such parties (a) carry insurance in such amounts and types of coverages as are reasonably required by Landlord’s architect and engineers on or before June 1, 2012, and Tenant’s Plans shall comply with their requirements to avoid aesthetic or other conflicts with the (b) design and function of construct the balance of the BuildingTenant Work in a good and workmanlike manner and in compliance with all laws. Landlord’s architect and engineers shall respond Unless otherwise agreed to any plan submission by Tenant within five (5) Business Days after Landlord’s receipt thereof. In the event Landlord’s architect’s or engineers’ approval of Tenant’s Plans is withheld or conditioned (and such approval shall not be unreasonably withheld or conditioned), Landlord shall send written notification thereof to Tenant and include a reasonably detailed statement identifying the reasons for such refusal or condition, and Tenant shall have the plans revised by its architect to incorporate all reasonable objections and conditions presented in writing by Landlord and Tenant, all work involved in the construction and installation of the Tenant Work shall resubmit be carried out by Tenant’s contractor under the sole direction of Tenant, in compliance with all Building rules and regulations and in such plans a manner so as not to unreasonably interfere with or disturb the operations, business, use and enjoyment of the Project by other tenants in the Building or the structural calculations for imposed loads. Tenant shall obtain from its contractors and provide to Landlord within ten (10) days after receipt a list of Landlord’s notice of disapproval. Such process shall be followed until the plans shall have been approved by the Landlord’s architect and engineer without unreasonable objection all subcontractors providing labor or condition, except that after the initial five-(5)-Business-day period, materials in connection with any further submissions/resubmissions shall be made within three (3) Business Days. If Landlord fails to respond to submitted plans within the applicable period set forth above, then the September 10, 2012, date set forth in the table incorporated in Section III.A below shall be extended on a day-for-day basis for each day that any such failure continues. Without limiting the foregoing, Tenant shall be responsible for all elements portion of the design Tenant Work prior to commencement of Tenant’s plans (including, without limitation, compliance with law, functionality of design, the structural integrity of Tenant Work. Tenant warrants that the design, the configuration construction and installation of the Relocation Premises Tenant Work shall conform to the requirements of all applicable laws, including building, plumbing and electrical codes and parameters, and the placement requirements of Tenant’s furnitureany authority having jurisdiction over, appliances and equipment)or with respect to, and Landlord’s approval of Tenant’s Plans shall in no event relieve Tenant of the responsibility for such design. Tenant shall be solely responsible for the timely preparation and submission of all such Tenant Plans and for all elements of the design of such Tenant’s Plans and for all costs related thereto. (The word “architect” as used in this Section II (C) shall include an interior designer or space plannerWork.)
Appears in 2 contracts
Samples: Lease Agreement (Liquidia Technologies Inc), Lease Agreement (Liquidia Technologies Inc)
Tenant’s Plans. Within 10 business days after receipt of Tenant’s Plans, Landlord shall review and either approve or disapprove Tenant’s Plans. If Landlord disapproves Tenant’s Plans, or any portion thereof, Landlord shall notify Tenant thereof and of the revisions Landlord requires before Landlord will approve Tenant’s Plans. Within 10 business days after Landlord’s notice, Tenant shall be solely responsible submit to Landlord, for the preparation of the final architectural, electrical Landlord ‘s review and mechanical construction drawingsapproval, plans and specifications (called incorporating the required revisions. The final plans and specifications approved by Landlord are hereinafter referred to as the “Tenant’s PlansApproved Construction Documents”) necessary . Tenant will employ experienced, licensed contractors, architects, engineers and other consultants, approved by Landlord, to construct the Relocation Premises for Tenant’s occupancy, which plans shall be submitted to Landlord for approval Tenant Work and will require in the applicable contracts that such parties (a) carry insurance in such amounts and types of coverages as are reasonably required by Landlord’s architect , (b) list the Landlord and engineers on or before June 1, 2012its partners as additional insureds, and Tenant’s Plans shall comply with their requirements to avoid aesthetic or other conflicts with the (c) design and function of construct the balance of the BuildingTenant Work in a good and workmanlike manner and in compliance with all laws. Landlord’s architect and engineers shall respond Unless otherwise agreed to any plan submission by Tenant within five (5) Business Days after Landlord’s receipt thereof. In the event Landlord’s architect’s or engineers’ approval of Tenant’s Plans is withheld or conditioned (and such approval shall not be unreasonably withheld or conditioned), Landlord shall send written notification thereof to Tenant and include a reasonably detailed statement identifying the reasons for such refusal or condition, and Tenant shall have the plans revised by its architect to incorporate all reasonable objections and conditions presented in writing by Landlord and Tenant, all work involved in the construction and installation of the Tenant Work shall resubmit be carried out by Tenant’s contractor under the sole direction of Tenant, in compliance with all Building rules and regulations and in such plans ·a manner so as not to unreasonably interfere with or disturb the operations, business, use and enjoyment of the Project by other tenants in the Building or the structural calculations for imposed loads. Tenant shall obtain from its contractors and provide to Landlord within ten (10) days after receipt a list of Landlord’s notice of disapproval. Such process shall be followed until the plans shall have been approved by the Landlord’s architect and engineer without unreasonable objection all subcontractors providing labor or condition, except that after the initial five-(5)-Business-day period, materials in connection with any further submissions/resubmissions shall be made within three (3) Business Days. If Landlord fails to respond to submitted plans within the applicable period set forth above, then the September 10, 2012, date set forth in the table incorporated in Section III.A below shall be extended on a day-for-day basis for each day that any such failure continues. Without limiting the foregoing, Tenant shall be responsible for all elements portion of the design Tenant Work prior to commencement of Tenant’s plans (including, without limitation, compliance with law, functionality of design, the structural integrity of Tenant Work. Tenant warrants that the design, the configuration construction and installation of the Relocation Premises Tenant Work shall conform to the requirements of all applicable laws, including building, plumbing and electrical codes and parameters, and the placement requirements of Tenant’s furnitureany authority having jurisdiction over, appliances and equipment)or with respect to, and Landlord’s approval of Tenant’s Plans shall in no event relieve Tenant of the responsibility for such design. Tenant shall be solely responsible for the timely preparation and submission of all such Tenant Plans and for all elements of the design of such Tenant’s Plans and for all costs related thereto. (The word “architect” as used in this Section II (C) shall include an interior designer or space plannerWork.)
Appears in 2 contracts
Samples: Lease Agreement (Liquidia Technologies Inc), Lease Agreement (Liquidia Technologies Inc)
Tenant’s Plans. Tenant shall be solely responsible for In connection with the preparation performance of the final architectural, electrical and mechanical construction drawings, plans and specifications (called “Tenant’s Plans”) work necessary to construct prepare the Relocation Premises for Tenant’s occupancyoccupancy and business operations, which plans including without limitation, the construction of a corridor within the Premises and the installation of all furniture and fixtures (“Tenant’s Work”), Tenant shall be submitted submit to Landlord for Landlord’s approval (i) the name of and other reasonably requested information regarding Tenant’s proposed architect, HVAC and MEP engineers and general contractor, Landlord hereby pre-approving AHA Consulting Engineers (“AHA”) as the MEP engineer (and if AHA is not selected by Tenant, Landlord reserves the right to require that Tenant use a MEP engineer selected by Landlord); (ii) a set of design/ development plans sufficient for Landlord to approve Tenant’s architect and engineers on or before June 1, 2012proposed design of the Premises (the “Design/ Development Plans”), and (iii) a full set of construction drawings (“Final Construction Drawings”) for Tenant’s Work. The Design/ Development Plans and the Final Construction Drawings are collectively referred to herein as the “Plans.” Landlord’s approval of the architect, HVAC and MEP engineers and general contractor shall not be unreasonably withheld, conditioned or delayed. Landlord’s approval of the Design/Development Plans (and the Final Construction Drawings, provided that the Final Construction Drawings are consistent with the Design/Development Plans), shall not be unreasonably withheld, conditioned or delayed provided the Plans comply with their the requirements to avoid aesthetic or other conflicts with the design and function of the balance of the BuildingBuilding and the Property. Landlord’s architect and engineers shall respond to any plan submission by Tenant within five (5) Business Days after Landlord’s receipt thereof. In approval is solely given for the event Landlord’s architect’s or engineers’ approval benefit of Tenant’s Plans is withheld or conditioned (and such approval shall not be unreasonably withheld or conditioned), Landlord shall send written notification thereof to Tenant and include a reasonably detailed statement identifying the reasons for such refusal or condition, and Tenant under this Section 3.4(a) and neither Tenant nor any third party shall have the plans revised by its architect right to incorporate all reasonable objections and conditions presented by Landlord and shall resubmit such plans to Landlord within ten (10) days after receipt of Landlord’s notice of disapproval. Such process shall be followed until the plans shall have been approved by the Landlord’s architect and engineer without unreasonable objection or condition, except that after the initial five-(5)-Business-day period, any further submissions/resubmissions shall be made within three (3) Business Days. If Landlord fails to respond to submitted plans within the applicable period set forth above, then the September 10, 2012, date set forth in the table incorporated in Section III.A below shall be extended on a day-for-day basis for each day that any such failure continues. Without limiting the foregoing, Tenant shall be responsible for all elements of the design of Tenant’s plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Relocation Premises and the placement of Tenant’s furniture, appliances and equipment), and rely upon Landlord’s approval of Tenant’s the Plans shall in no event relieve Tenant for any other purpose whatsoever. Landlord agrees to respond to any request for approval of the responsibility for such design. Tenant shall be solely responsible for the timely preparation and submission of all such Tenant Plans and for all elements of the design of such Tenant’s Plans and for all costs related thereto. within twenty (The word “architect” as used in this Section II (C20) shall include an interior designer or space plannerbusiness days after receipt thereof.)
Appears in 2 contracts
Samples: Sublease (Praxis Precision Medicines, Inc.), Sublease (Praxis Precision Medicines, Inc.)
Tenant’s Plans. All improvements to the Premises in excess of the Base Building Work (including those items designated "Tenant Work" in Schedule II) shall be solely responsible performed by Tenant at Tenant's expense and shall be collectively referred to herein as the "Tenant Work." Tenant's plans and working drawings for the preparation Tenant Work ("Tenant's Plans") shall be prepared by architects and engineers employed and paid by Tenant (subject to application of the final architectural, electrical and mechanical construction drawings, plans and specifications Tenant Work Credit (called “as hereinbelow defined) toward such costs). Tenant’s Plans”) necessary to construct the Relocation Premises for Tenant’s occupancy, which plans shall be submitted to Landlord for approval by Landlord’s architect and engineers on or before June 1, 2012, and Tenant’s 's Plans shall comply with their all rules and regulations and other requirements to avoid aesthetic of any governmental authorities having or other conflicts with asserting jurisdiction over the design and function of the balance of Premises or the Building. Landlord’s architect and engineers shall respond to any plan submission by Tenant within five (5) Business Days after Landlord’s receipt thereof. In the event Landlord’s architect’s or engineers’ 's approval of Tenant’s 's Plans shall not be construed or deemed to be a representation or warranty by Landlord that Tenant's Plans comply with the rules and regulations of any governmental authorities having or asserting jurisdiction over the Premises or the Building; however, Landlord shall notify Tenant of any failure in such compliance of which Landlord is withheld aware. Tenant's Plans, and any changes or conditioned (and such modifications thereof requested by Tenant, shall be subject to Landlord's approval, which approval shall not be unreasonably withheld withheld, conditioned or conditioned), delayed. Landlord shall send written notification thereof respond to Tenant any request for approval of Tenant's Plans, or any portion or progress set thereof, or any modifications thereto, as promptly as reasonably possible and include a reasonably detailed statement identifying the reasons for such refusal or condition, and Tenant shall have the plans revised by its architect to incorporate all reasonable objections and conditions presented by Landlord and shall resubmit such plans to Landlord in any event within ten (10) business days after receipt in the case of the original complete set of Tenant's Plans and any structural modifications thereto and within two (2) business days in the case of any nonstructural modifications to Tenant's Plans. In the event Landlord disapproves Tenant's Plans or any portion thereof or any modifications thereto, Landlord’s 's notice of disapproval. Such process disapproval shall be followed until specify in detail the plans shall have been approved by the Landlord’s architect and engineer without unreasonable objection or condition, except that after the initial five-(5)-Business-day period, any further submissions/resubmissions shall be made within three (3) Business Days. If Landlord fails to respond to submitted plans within the applicable period set forth above, then the September 10, 2012, date set forth in the table incorporated in Section III.A below shall be extended on a day-for-day reasonable basis for each day that any such failure continues. Without limiting the foregoing, Tenant shall be responsible for all elements of the design of Tenant’s plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Relocation Premises and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval of Tenant’s Plans shall in no event relieve Tenant of the responsibility for such designdisapproval. Tenant shall promptly make such revisions to Tenant's Plans as may be solely responsible necessary to address Landlord's reasonable objections, and shall resubmit Tenant's Plans to Landlord for the timely preparation and submission of all such Tenant Plans and for all elements of the design of such Tenant’s Plans and for all costs related thereto. (The word “architect” as used in this Section II (C) shall include an interior designer or space planner.)Landlord's
Appears in 2 contracts
Samples: Lease Agreement (American Management Systems Inc), Lease Agreement (American Management Systems Inc)
Tenant’s Plans. Tenant shall be solely responsible for In connection with the preparation performance of the final architectural, electrical and mechanical construction drawings, plans and specifications (called “Tenant’s Plans”) work necessary to construct prepare the Relocation Premises for Tenant’s occupancyinitial occupancy and business operations, which plans including without limitation, the installation of all furniture and fixtures (“Tenant’s Work”), (A) Tenant has submitted to Landlord, and Landlord has approved, a preliminary description of certain aspects of Tenant’s Work attached hereto as Exhibit 3C (“Tenant’s Program”), and (B) Tenant shall be submitted submit to Landlord for approval by Landlord’s architect approval (i) the name of and other reasonably requested information regarding Xxxxxx’s proposed architect, licensed structural engineer, HVAC and MEP engineers and general contractor; (ii) on or before June 1July 15, 20122013, a set of schematic plans for Xxxxxx’s proposed design of the Premises (the “Schematic Plans”), (iii) on or before September 30, 2013, an initial set of permit plans sufficient to permit Tenant to commence Tenant’s Work (“Permit Plans”), and (iv) on or before October 31, 2013, a full set of construction drawings (“Final Construction Drawings”) for Tenant’s Work. The Schematic Plans, the Permit Plans shall comply with their requirements and the Final Construction Drawings are collectively referred to avoid aesthetic or other conflicts with herein as the design and function “Plans.” Xxxxxxxx’s approval of the balance of the Building. Landlord’s architect architect, HVAC and MEP engineers shall respond to any plan submission by Tenant within five (5) Business Days after Landlord’s receipt thereof. In the event Landlord’s architect’s or engineers’ approval of Tenant’s Plans is withheld or conditioned (and such approval general contractor shall not be unreasonably withheld withheld, conditioned or conditioned)delayed. Landlord acknowledges that the architect, HVAC and MEP engineers and general contractor listed on Exhibit 3D attached hereto are hereby approved. Xxxxxxxx’s approval of the Plans shall not be unreasonably withheld, conditioned or delayed. Xxxxxxxx’s approval is solely given for the benefit of Landlord shall send written notification thereof to Tenant and include a reasonably detailed statement identifying the reasons for such refusal or condition, and Tenant under this Section 3.3(a) and neither Tenant nor any third party shall have the plans revised by its architect right to incorporate all reasonable objections and conditions presented by Landlord and shall resubmit such plans rely upon Landlord’s approval of the Plans for any other purpose whatsoever. Xxxxxxxx agrees to Landlord respond to any request for approval of the Plans within ten (10) business days after receipt thereof and to respond to any re-submitted request for approval of Landlord’s notice the Plans following initial submittal of disapproval. Such process shall be followed until the plans shall have been approved by the Landlord’s architect and engineer without unreasonable objection or condition, except that after the initial five-(5)-Business-day period, any further submissions/resubmissions shall be made same within three (3) Business Daysbusiness days after receipt thereof. If Landlord fails to respond to submitted plans within shall cooperate with Tenant, at Tenant’s sole cost and expense, in connection with Tenant’s application for any state or municipal permits or approvals required in connection with the applicable period set forth abovedesign, then the September 10, 2012, date set forth in the table incorporated in Section III.A below shall be extended on a day-for-day basis for each day that any such failure continues. Without limiting the foregoing, Tenant shall be responsible for all elements of the design construction or maintenance of Tenant’s plans (includingWork, without limitationincluding signing applications therefor to the extent required of building or property owners; provided, compliance with lawhowever, functionality of design, the structural integrity of the design, the configuration of the Relocation Premises and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval of Tenant’s Plans shall in no event relieve shall Tenant apply for any special permits or variances from the Town of the responsibility Lexington without Landlord’s approval, not to be unreasonably withheld, conditioned or delayed, it being understood and agreed that in no event shall any special permit or variance for such design. which Tenant shall be solely responsible for the timely preparation and submission of all such Tenant Plans and for all elements of the design of such Tenant’s Plans and for all costs related thereto. (The word “architect” as used applies impose any conditions on Landlord unless approved by Landlord in this Section II (C) shall include an interior designer or space plannerits sole discretion.)
Appears in 2 contracts
Samples: Indenture of Lease (uniQure B.V.), Indenture of Lease (uniQure B.V.)
Tenant’s Plans. Tenant shall be solely responsible for submit to Landlord, no later than the preparation of Tenant Plans Date, a detailed floor plan layout together with working drawings (the final architectural, electrical and mechanical construction drawings, plans and specifications (called “Tenant’s Submission”) for Tenant’s Work. Such floor plan layout and working drawings (the “Plans”) necessary shall contain at least the information required by, and shall conform to construct the Relocation Premises for Tenantrequirements of, Exhibit B-3. Provided that the Plans contain at least the information required by, and conform to the requirements of, said Exhibit B-3, Landlord’s occupancyapproval of the Plans shall not be unreasonably withheld, which plans conditioned or delayed and shall be submitted to conclusively deemed granted unless Landlord for approval by Landlord’s architect and engineers on or before June 1, 2012, and Tenant’s Plans shall comply with their requirements to avoid aesthetic or other conflicts with the design and function reasonably disapproves thereof in writing within fifteen (15) days of the balance of the Building. Landlord’s architect and engineers shall respond to any plan submission by Tenant within five (5) Business Days after Landlord’s receipt thereof. In the event ; however, Landlord’s architectdetermination of matters which may impact the structure of the Building shall be in Landlord’s or engineers’ approval sole discretion. If Landlord disapproves of Tenant’s Plans is withheld or conditioned (and such approval shall not be unreasonably withheld or conditioned)any Plans, Landlord shall send written notification thereof to so notify Tenant and include a reasonably detailed statement identifying the reasons for such refusal or conditionwithin fifteen (15) days of Landlord’s receipt thereof, and Tenant shall have the plans Plans revised by its architect Tenant’s Architect to incorporate all reasonable objections and conditions presented by Landlord and shall resubmit such plans revised Plans to Landlord and Landlord shall be conclusively deemed to have approved the same and shall be conclusively deemed granted unless Landlord reasonably disapproves thereof in writing within ten seven (107) days after receipt of Landlord’s notice receipt thereof (or any subsequent set of disapprovalcomments/revisions). Such process shall be followed until the plans Plans shall have been approved by the Landlord’s architect and engineer Landlord without unreasonable objection or condition.If for any reason Tenant desires to materially modify or amend the Plans, except that after the initial five-(5)-Business-day period, or to vary therefrom in any further submissions/resubmissions shall be made within three (3) Business Days. If Landlord fails to respond to submitted plans within the applicable period set forth above, then the September 10, 2012, date set forth in the table incorporated in Section III.A below shall be extended on a day-for-day basis for each day that any such failure continues. Without limiting the foregoingmaterial respect, Tenant shall so notify Landlord and submit any such material modification, to Landlord for Landlord’s review and approval, which approval shall not be responsible for all elements unreasonably withheld, delayed or conditioned, and shall be conclusively deemed granted if Landlord does not notify Tenant in writing of its disapproval of the design of Tenantsame within seven (7) days following Xxxxxxxx’s plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Relocation Premises and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval of Tenant’s receipt thereof. The Plans shall in no event relieve Tenant of the responsibility for such design. Tenant so approved by Landlord shall be solely responsible for referred to herein as the timely preparation and submission of all such Tenant Plans and for all elements of the design of such Tenant’s Plans and for all costs related thereto“Approved Plans”. 00 Xxxxxxxx Xxxxxx - Fractyl (The word “architect” as used in this Section II (C) shall include an interior designer or space planner.FINAL)
Appears in 2 contracts
Samples: Lease (Fractyl Health, Inc.), Lease (Fractyl Health, Inc.)
Tenant’s Plans. As used herein, the term "Tenant's Plans" shall mean full and detailed architectural and engineering plans and specifications for all improvements to the Premises necessary to operate the Premises for the purpose permitted under the Lease (other than any improvements to be constructed as part of the Landlord's Work), as approved by Landlord under this Section 3(b), together with any changes thereto approved by Landlord under Section 3(d) below. The Tenant's Plans shall include, without limitation, architectural, mechanical, HVAC, electrical and plumbing working drawings for the Premises. Tenant shall cause the Tenant's Plans to be solely responsible for consistent with and conform to the Preliminary Plans and the Final Plans so as to integrate the Tenant's Work (and the design thereof) into and with the Building (including, without limitation, with respect to the structural elements of the Building and its HVAC, utility and mechanical systems). Without limiting the generality of the immediately preceding sentence, Tenant shall design the Tenant's Work so that the kitchen equipment to be installed in the Premises as part of the Tenant's Work and the air circulation and ventilation system described in and contemplated by Article 34 of the Lease (and to be constructed as part of the Tenant's Work) shall be connected by Tenant's Contractors to the two (2) kitchen exhaust ducts (the "Kitchen Ducts") located or to be located in the Building's mechanical shaft, all as shown in the Preliminary Plans (and to be shown in the Final Plans) and constructed or to be constructed as part of the Building. Subject to Section 36.13 of the Lease, Tenant may use one Kitchen Duct to accommodate Tenant's kitchen 83 equipment, and Tenant may use one Kitchen Duct to accommodate such air circulation and ventilation system. The Tenant's Plans shall be subject to the approval of Landlord and all applicable local governmental authorities. The draft of the Tenant's Plans submitted to Landlord pursuant to Section 3(a) above shall: (i) be prepared by Tenant's architects and consultants, after such parties have exercised due diligence in connection with the preparation of the final architecturalTenant's Plans (including, electrical without limitation, familiarizing themselves with the Preliminary Plans and mechanical construction drawingsthe applicable provisions of the City of Chicago building code), plans and specifications (called “ii) to the best knowledge, information and belief of Tenant’s Plans”) 's architects and consultants (after exercising such due diligence), comply with all applicable laws, codes, ordinances, rules, regulations and requirements of the City of Chicago necessary to construct obtain a building permit for the Relocation Premises for Tenant’s occupancy, which plans 's Work. Landlord shall be submitted to Landlord for give its approval by Landlord’s architect and engineers on or before June 1, 2012, and Tenant’s Plans shall comply with their requirements to avoid aesthetic or other conflicts with the design and function disapproval of the balance of the Building. Landlord’s architect and engineers shall respond to any plan submission by Tenant within five (5) Business Days after Landlord’s receipt thereof. In the event Landlord’s architect’s or engineers’ approval of Tenant’s 's Plans is withheld or conditioned (and such approval shall not be unreasonably withheld or conditioned), Landlord shall send written notification thereof to Tenant and include a reasonably detailed statement identifying the reasons for such refusal or condition, and Tenant shall have the plans revised by its architect to incorporate all reasonable objections and conditions presented by Landlord and shall resubmit such plans to Landlord within ten (10) days after receipt thereof by Landlord, and if Landlord disapproves the Tenant's Plans (or any revisions thereto), Landlord shall provide a reasonably detailed explanation of Landlord’s notice of disapproval. Such process shall be followed until the plans shall have been approved by the Landlord’s architect reasons for its disapproval and engineer without unreasonable objection or condition, except that after the initial five-(5)-Business-day period, any further submissions/resubmissions shall suggested changes to be made within three (3) Business Daysin order to obtain Landlord's approval. If Landlord fails agrees not to respond to submitted plans within the applicable period set forth above, then the September 10, 2012, date set forth in the table incorporated in Section III.A below shall be extended on a day-for-day basis for each day that any such failure continues. Without limiting the foregoing, Tenant shall be responsible for all elements unreasonably withhold its approval of the design Tenant's Plans; provided, however, that Landlord shall not be deemed to have acted unreasonably if it withholds its approval because, in Landlord's opinion: (i) the Tenant's Work is likely to affect adversely the structure or HVAC, utility or mechanical systems of the Project or the safety of the Project and its occupants; (ii) the Tenant’s plans 's Work would materially increase the cost of operating the Project or any component part thereof; (iii) the Tenant's Work would violate any laws, codes, ordinances or governmental rules or regulations; (iv) the Tenant's Work would violate any covenants, conditions or restrictions of record (including, without limitation, compliance with law, functionality of designthe Easement Agreement, the structural integrity Original Operating Agreement or the Amended Operating Agreement, as any of the designforegoing may be amended and/or amended and restated from time to time); (v) the Tenant's Work contains or uses hazardous or toxic materials; or (vi) the Tenant's Work would adversely affect the appearance of the Project or the Landlord's Property. The foregoing reasons, however, shall not be exclusive of the reasons for which Landlord may withhold consent, whether or not such other reasons are similar to or dissimilar from the foregoing. In order to expedite preparation of the final Tenant's Plans and the approval process, Tenant shall deliver to Landlord space plans, schematic drawings, design development documents, and preliminary plans and specifications for the Tenant's Work as such materials are prepared, and Landlord shall cooperate with Tenant by discussing or reviewing such materials with Tenant, at Tenant's request, prior to completion of the full, final detailed Tenant's Plans. If Landlord notifies Tenant that changes are required to the Tenant's Plans submitted by Tenant, Tenant shall, within ten (10) days thereafter, submit to Landlord, for its approval, the configuration Tenant's Plans as amended in accordance with the changes so required. The Tenant's Plans shall also be revised, and the Tenant's Work shall be changed, to incorporate any work required in the Premises by any local governmental field inspector. Landlord's approval of the Relocation Premises and Tenant's Plans shall not relieve Tenant from its obligations under the placement of Tenant’s furniture, appliances and equipment)Lease or this Workletter, and Landlord’s shall not be deemed to be acceptance or approval of Tenant’s Plans shall any element therein contained which is in no event relieve Tenant violation of this Workletter, the Lease or any applicable laws, codes, ordinances, or governmental rules, regulations or requirements. Without limiting or modifying any of the responsibility for such design. Tenant shall be solely responsible for the timely preparation and submission of all such Tenant Plans and for all elements of the design of such Tenant’s Plans and for all costs related thereto. (The word “architect” as used terms set forth above in this Section II 3(b), Landlord and Tenant shall cooperate with each other and act in good faith in finalizing the Tenant's Plans (Cincluding, without limitation, in preparing, revising, reviewing and approving the Tenant's Plans and any revisions thereto) shall include an interior designer or space planneras soon as practicable after the date hereof.)
Appears in 1 contract
Samples: Lease (Woodroast Systems Inc)
Tenant’s Plans. Tenant shall prepare, and shall deliver to Landlord for its approval (which shall not be solely responsible unreasonably withheld) one mylar and two blackline prints of the complete and final descriptive information and drawings described in Paragraph D of Exhibit “B” hereto and three (3) copies of the specifications, prepared by such space planner (“Tenant’s Layout Plans”) for the preparation construction and finishing of the final architecturalBuilding for Tenant’s occupancy. Tenant’s plans shall be signed and sealed by an architect licensed by and registered in the Commonwealth of Pennsylvania. Tenant’s Layout Plans shall conform to the plans and specifications heretofore submitted by Landlord to Tenant and applicable laws and requirements of public authorities and shall designate, among other things, the locations of and specifications for all plumbing, electrical and mechanical construction drawingsequipment to be installed in the Building, plans all partitions, doors, lighting fixtures, electric receptacles and specifications (called “switches, telephone outlets and special air conditioning, floor coverings and other improvements to be installed by Landlord. Tenant’s Plans”) necessary Layout Plans shall be subject to construct the Relocation Premises for TenantLandlord’s occupancyreview and approval, which plans approval shall not be unreasonably withheld, and shall be submitted deemed modified to Landlord for approval take account of any changes reasonably required by Landlord’s architect and engineers on or before June 1, 2012, and Tenant’s Plans . The Landlord shall comply with their requirements to avoid aesthetic or other conflicts with the design and function of the balance of the Building. Landlord’s architect and engineers shall respond to any plan submission by advise Tenant within five (5) Business Days after Landlord’s business days of its receipt thereof. In the event Landlord’s architect’s or engineers’ approval of Tenant’s Layout Plans is withheld or conditioned (as to whether they are acceptable to Landlord. Concurrently with delivery of Tenant’s Layout Plans to Landlord, Tenant shall by notice to Landlord in writing designate a single individual who Tenant agrees shall be available to meet and such approval shall not be unreasonably withheld or conditioned)consult with Landlord at the Building as Tenant’s representative respecting the matters which are the subject of this Article 8 and who, as between Landlord shall send written notification thereof to Tenant and include a reasonably detailed statement identifying the reasons for such refusal or conditionTenant, and Tenant shall have the power to legally bind Tenant, in making requests for changes, giving approval of plans revised by its architect to incorporate all reasonable objections and conditions presented by Landlord and shall resubmit such plans or work, giving directions to Landlord within ten (10) days after receipt of Landlord’s notice of disapproval. Such process shall be followed until or the plans shall have been approved by the Landlord’s architect and engineer without unreasonable objection or conditionlike, except that after the initial five-(5)-Business-day period, any further submissions/resubmissions shall be made within three (3) Business Days. If Landlord fails to respond to submitted plans within the applicable period set forth above, then the September 10, 2012, date set forth in the table incorporated in Section III.A below shall be extended on a day-for-day basis for each day that any such failure continues. Without limiting the foregoing, Tenant shall be responsible for all elements of the design of Tenant’s plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Relocation Premises and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval of Tenant’s Plans shall in no event relieve Tenant of the responsibility for such design. Tenant shall be solely responsible for the timely preparation and submission of all such Tenant Plans and for all elements of the design of such Tenant’s Plans and for all costs related thereto. (The word “architect” as used in under this Section II (C) shall include an interior designer or space plannerArticle 8.)
Appears in 1 contract
Tenant’s Plans. Tenant shall be solely responsible for (i) In connection with the preparation performance of the final architectural, electrical and mechanical construction drawings, plans and specifications (called “Tenant’s Plans”) work necessary to construct prepare the Relocation 4th Floor Premises for Tenant’s occupancy's occupancy (the "4TH FLOOR WORK"), which plans Tenant shall be submitted submit to Landlord for Landlord's approval by Landlord’s (A) the name of and other reasonably requested information regarding Tenant's proposed architect and engineers HVAC and MEP engineers; (B) on or before June 1the 4th Floor Design/Development Plans Delivery Date, 2012a set of design/development plans sufficient for Landlord to TOLERRX LEASE / BUILDING 300 / EXECUTION VERSION approve Tenant's proposed design of the 4th Floor Premises (the "4TH FLOOR DESIGN/DEVELOPMENT PLANS"), (C) on or before the 4th Floor Permit Plans Delivery Date, an initial set of permit plans sufficient to permit Tenant to commence the 4th Floor Work ("4TH FLOOR PERMIT PLANS"), and Tenant’s (D) on or before the 4th Floor Final Construction Drawings Delivery Date, a full set of construction drawings ("4TH FLOOR FINAL CONSTRUCTION DRAWINGS") for the 4th Floor Work. The 4th Floor Design/Development Plans, the 4th Floor Permit Plans and the 4th Floor Final Construction Drawings are collectively referred to herein as the "4th FLOOR PLANS." Landlord's approval of the 4th Floor Design/Development Plans and the 4th Floor Permit Plans (and the 4th Floor Final Construction Drawings, provided that the 4th Floor Final Construction Drawings are consistent with the 4th Floor Permit Plans), shall not be unreasonably withheld, conditioned or delayed provided the same comply with their the requirements to avoid aesthetic or other conflicts with the design and function of the balance of the BuildingBuilding and the Condominium. Landlord’s architect 's approval is solely given for the benefit of Landlord under this Section 4.2 and engineers shall respond to neither Tenant nor any plan submission by Tenant within five (5) Business Days after Landlord’s receipt thereof. In the event Landlord’s architect’s or engineers’ approval of Tenant’s Plans is withheld or conditioned (and such approval shall not be unreasonably withheld or conditioned), Landlord shall send written notification thereof to Tenant and include a reasonably detailed statement identifying the reasons for such refusal or condition, and Tenant third party shall have the plans revised by its architect right to incorporate all reasonable objections and conditions presented by Landlord and shall resubmit such plans to Landlord within ten (10) days after receipt rely upon Landlord's approval of Landlord’s notice of disapproval. Such process shall be followed until the plans shall have been approved by the Landlord’s architect and engineer without unreasonable objection or condition, except that after the initial five-(5)-Business-day period, 4th Floor Plans for any further submissions/resubmissions shall be made within three (3) Business Days. If Landlord fails to respond to submitted plans within the applicable period set forth above, then the September 10, 2012, date set forth in the table incorporated in Section III.A below shall be extended on a day-for-day basis for each day that any such failure continuesother purpose whatsoever. Without limiting the foregoing, Tenant shall be responsible for all elements of the design of Tenant’s plans the 4th Floor Plans (including, without limitation, compliance with lawLegal Requirements, functionality of design, the structural integrity of the design, the configuration of the Relocation 4th Floor Premises and the placement of Tenant’s 's furniture, appliances and equipment), and Landlord’s 's approval of Tenant’s the 4th Floor Plans shall in no event relieve Tenant of the responsibility therefor. Landlord agrees to respond to any request for such design. Tenant shall be solely responsible for the timely preparation and submission of all such Tenant Plans and for all elements approval of the design 4th Floor Design/Development Plans within ten (10) days of such Tenant’s receipt thereof, the 4th Floor Permit Plans within fifteen (15) days of receipt thereof and for all costs related thereto. the 4th Floor Final Construction Drawings within fifteen (The word “architect” as used in this Section II (C15) shall include an interior designer or space plannerdays of receipt thereof.)
Appears in 1 contract
Samples: Indenture of Lease (Tolerrx Inc)
Tenant’s Plans. Prior to applying for any building permit, Tenant shall be solely responsible for the preparation submit to Landlord a permit set of the final architectural, electrical and mechanical construction drawings, plans and specifications (called “Tenant’s Plans”) necessary to construct for the Relocation Premises for Tenant’s occupancy, which plans shall be submitted to Landlord for approval by Landlord’s architect and engineers on or before June 1, 2012, and TIW. Tenant’s Plans shall comply with their requirements to avoid aesthetic or other conflicts with the design be prepared by an architectural and function of the balance of the Building. Landlord’s architect and engineers shall respond to any plan submission engineering firm selected by Tenant within five (5) Business Days after Landlord’s receipt thereof. In the event Landlord’s architect’s or engineers’ approval and all costs and expenses of preparing Tenant’s Plans is withheld or conditioned (and such approval shall not be unreasonably withheld or conditioned), Tenant’s sole responsibility. Landlord shall send written notification thereof to Tenant and include a reasonably detailed statement identifying the reasons for such refusal approve or condition, and Tenant shall have the disapprove in writing of any plans revised by its architect to incorporate all reasonable objections and conditions presented by Landlord and shall resubmit such plans to Landlord submitted within ten (10) business days after of receipt of Tenant’s Plans and any additional information reasonably requested by Landlord’s notice of disapproval. Such process shall be followed until the plans shall have been approved by the Landlord’s architect and engineer without unreasonable objection or condition, except that after the initial five-(5)-Business-day period, any further submissions/resubmissions shall be made within three (3) Business Days. If Landlord fails to respond to submitted plans within the applicable period set forth above, then the September such ten (10, 2012, date set forth in the table incorporated in Section III.A below shall be extended on a day-for-) business day basis for each day that any such failure continues. Without limiting the foregoingperiod, Tenant shall deliver a second notice to Landlord captioned “SECOND REQUEST FOR APPROVAL,” and Landlord’s failure to respond within five (5) business days following such second notice shall be responsible for all elements deemed approval of the design of specific plan submittal, provided Tenant has delivered to Landlord all additional information reasonably requested by Landlord to facilitate its review. If Tenant’s plans (includingPlans are disapproved by Landlord, without limitation, compliance Landlord shall provide Tenant with law, functionality of design, the structural integrity of the design, the configuration of the Relocation Premises specific reasons for such disapproval and the placement of changes, that if made would make Tenant’s furniturePlans acceptable to Landlord, appliances and equipment)the foregoing submission process shall be repeated until all such plans have been approved by Landlord. The final Tenant’s Plans as approved by Landlord shall be called the “Final Plans”. Tenant hereby acknowledges and agrees that Landlord’s review of, and Landlord’s granting of its approval to, any plans and specifications submitted to it under this Lease shall not constitute or be deemed to constitute a judgment, representation or agreement by Landlord that such plans and specifications comply with the requirements of any legal authorities or that such plans and specifications will be approved by the Town of Burlington. In no event shall Landlord’s approval of any plans, including plans for the TIW, be construed as a waiver of Landlord’s right, pursuant to Section 6.1.9 of this Lease to require removal of 2892369_8 any installations, alterations or improvements at end of the Term. Tenant shall pay any and all third party fees and expenses incurred by Landlord in connection with review of Tenant’s Plans shall in no event relieve Tenant of the responsibility for such designPlans. Tenant shall not be solely responsible for permitted to commence the timely preparation TIW until Tenant has delivered the certificates of insurance evidencing builder’s risk insurance coverage and submission the coverages set forth in Section 4.2.6 of all such Tenant Plans and for all elements of the design of such Tenant’s Plans and for all costs related thereto. (The word “architect” as used in this Section II (C) shall include an interior designer or space plannerLease.)
Appears in 1 contract
Samples: Rooftop Area Plan (Vericel Corp)
Tenant’s Plans. Tenant shall may currently be solely responsible for preparing or in the preparation of the final architecturalfuture may prepare, electrical at its sole cost and mechanical construction drawingsexpense, plans and specifications for non-structural improvements Tenant desires to make in connection with Tenant’s occupancy of the Premises (called the “Tenant’s Plans”) necessary to construct the Relocation Premises for ). When completed, Tenant’s occupancy, which plans Plans shall be submitted to Landlord for approval by Landlordits approval. Under no circumstances shall any proposed plans be approved that involve any structural alterations to the building. At the Tenant’s architect sole cost and engineers on or before June 1expense, 2012, and the Tenant shall cause the Tenant’s Plans shall comply with their requirements to avoid aesthetic or other conflicts with be revised in a manner sufficient to remedy the design and function of the balance of the Building. Landlord’s architect and engineers shall reasonable objections and/or respond to any plan submission by Tenant the Landlord’s reasonable concerns and for such revised plans to be redelivered to the Landlord, and the Landlord shall either approve or disapprove the Tenant’s revised plans within five (5) Business Days after Landlordbusiness days following the date of submission. If the Landlord shall again disapprove Tenant’s receipt thereof. In Plans, the event Landlord’s architect’s or engineers’ approval of Tenant shall revise such plans and redeliver them to the Landlord pursuant to the prior two sentences until the Tenant’s Plans is withheld or conditioned (have been approved by the Landlord. The Tenant’s Plans shall be stamped by a Massachusetts-registered architect and engineer, such approval architect and engineer being subject to the Landlord’s reasonable approval, which shall not be unreasonably withheld or conditioned), Landlord shall send written notification thereof to Tenant and include a reasonably detailed statement identifying the reasons for such refusal or conditiondelayed, and Tenant shall have the plans revised by its architect to incorporate comply with all reasonable objections applicable laws, ordinances and conditions presented by Landlord and shall resubmit such plans to Landlord within ten (10) days after receipt of Landlord’s notice of disapproval. Such process shall be followed until the plans shall have been approved by the Landlord’s architect and engineer without unreasonable objection or condition, except that after the initial five-(5)-Business-day period, any further submissions/resubmissions shall be made within three (3) Business Days. If Landlord fails to respond to submitted plans within the applicable period set forth above, then the September 10, 2012, date set forth in the table incorporated in Section III.A below shall be extended on a day-for-day basis for each day that any such failure continues. Without limiting the foregoing, Tenant shall be responsible for all elements of the design of Tenant’s plans regulations (including, without limitation, compliance with law, functionality of design, the structural integrity applicable requirements of the designAmericans with Disabilities Act of 1990, the configuration of the Relocation Premises and the placement regulations promulgated thereunder) and shall be in a form satisfactory to appropriate governmental authorities responsible for issuing permits, approvals and licenses required for construction. The Landlord will not approve any alterations or additions requiring unusual expense to readapt the Premises to normal office, research and development or laboratory use on termination of Tenant’s furniturethis Lease or increasing the cost of insurance on the Building, appliances unless the Tenant first gives assurances acceptable to the Landlord for payment of such increased cost and equipment), and that such re-adaptation will be made prior to such termination without expense to the Landlord’s . The approval alone of any Tenant’s Plans shall in no event relieve Tenant not impose upon the Landlord any responsibility or liability whatsoever to the Tenant. In connection with its approval of the responsibility for such design. Tenant Tenant’s Plans, Landlord reserves the right to require Tenant, at Tenant’s expense, to restore the Premises to its original condition and configuration and shall specify in writing those portions of Tenant’s work which must be solely responsible for removed at the timely preparation and submission of all such Tenant Plans and for all elements expiration of the design Term of such this Lease as part of Tenant’s Plans surrender and for all costs related thereto. (The word “architect” as used in this Section II (C) shall include an interior designer or space planneryield-up of the Premises.)
Appears in 1 contract
Samples: Assignment and Assumption of Lease Agreement (Tangoe Inc)
Tenant’s Plans. Tenant shall be solely responsible for the preparation provide, at Tenant's sole cost and expense, all of the final architecturalplans, specifications and drawings necessary to design and construct Tenant’s Expansion Space Work, including all required mechanical, electrical and mechanical construction plumbing drawings, plans the location and specifications (called “Tenant’s Plans”) necessary to construct the Relocation Premises for Tenant’s occupancyinstallation of all equipment, which plans shall be submitted to Landlord for approval by Landlord’s architect risers, disconnects, ducts, utility and engineers on or before June 1, 2012HVAC distribution, and other Tenant installations (collectively, the "Tenant's Plans"). Tenant’s Plans shall comply with their requirements to avoid aesthetic be prepared by Tenant’s architect at Tenant's sole cost and expense. Within ten (10) business days after Landlord's receipt, Landlord shall in writing approve Tenant’s Plans or other conflicts with the design deny Tenant's Plans and function of the balance of the Buildingspecify what changes are necessary for such approval. Landlord’s architect and engineers shall respond to any plan submission by Tenant within five (5) Business Days after Landlord’s receipt thereof. In the event Landlord’s architect’s approval or engineers’ approval of Tenant’s Plans is withheld or conditioned (and such approval denial shall not be unreasonably withheld or conditioned), Landlord shall send written notification thereof to Tenant and include a reasonably detailed statement identifying the reasons for such refusal or condition, and Tenant shall have the plans revised by its architect to incorporate all reasonable objections and conditions presented by Landlord and shall resubmit such plans to Landlord within ten (10) days after receipt of delayed. Landlord’s notice of disapproval. Such process shall be followed until the plans shall have been approved by the Landlord’s architect and engineer without unreasonable objection or condition, except that after the initial five-(5)-Business-day period, any further submissions/resubmissions shall be made within three (3) Business Days. If Landlord fails to respond to submitted plans within the applicable period set forth above, then the September 10, 2012, date set forth in the table incorporated in Section III.A below shall be extended on a day-for-day basis for each day that any such failure continues. Without limiting the foregoing, Tenant shall be responsible for all elements of the design review of Tenant’s plans (includingPlans shall not impose any obligation or liability on Landlord, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Relocation Premises and the placement of Tenant’s furniture, appliances and equipment)its agents or representatives, and Landlord’s approval of Tenant’s Plans shall not serve as a representation or warranty as to the accuracy of Tenant’s Plans or as to compliance with any laws, codes, regulations or ordinances. Landlord shall approve Tenant's Plans prior to Tenant commencing any of Tenant's Expansion Work. (b) Tenant’s Expansion Space Work shall be performed, at Tenant’s sole cost and expense, by a bona fide union general contractor and bona fide union subcontractors, architects and engineers selected by Tenant, but subject to Landlord’s approval, which approval shall not be unreasonably withheld or delayed. Landlord shall have the right to bid on Tenant’s Expansion Space Work. Landlord shall have the right to approve all contractors and subcontractors and the performance of Tenant's Expansion Space Work. All contractors and subcontractors performing the Tenant’s Expansion Space Work shall comply in no event relieve Tenant all respects with all applicable laws, codes and regulations and with the terms of this Paragraph 8 and the terms of the responsibility Lease, Tenant’s Plans, and with the rules and regulations applicable to the Lease. Landlord reserves the right to specify certain contractors for such designstructural and mechanical alterations (e.g., roof contractor, electricians, plumbers, etc.). Tenant’s Expansion Space Work shall not interfere with or affect the common areas or structural components of the Building or any B mechanical systems, HVAC, electrical, plumbing, gas, elevator or other building mechanical systems serving other tenants and occupants of the Building. Tenant shall perform or cause to be solely responsible for performed Tenant’s Expansion Space Work in a manner which shall not commercially unreasonably interfere with or interrupt the timely preparation and submission business operations or premises of all such Tenant Plans and for all elements other tenants in the Building, except as may be approved by Landlord. All of the design costs and expense of such Tenant’s Plans 's Expansion Space Work and for all costs related theretoother matters relating to the work and/or installations to be made at the Premises shall be borne by Tenant. (The word “architect” as used in this Section II (C) shall include an interior designer or space planner9.)
Appears in 1 contract
Tenant’s Plans. Tenant shall Tenant, at its expense, will cause the Preliminary Plans to be solely responsible for the preparation of the final architectural, electrical prepared and mechanical construction drawings, plans and specifications (called “Tenant’s Plans”) necessary to construct the Relocation Premises for Tenant’s occupancy, which plans shall be submitted to Landlord for its approval by which approval will not be unreasonably withheld, conditioned or delayed. If the submitted materials are not acceptable to Landlord’s architect and engineers on or before June 1, 2012, and Tenant’s Plans shall comply with their requirements to avoid aesthetic or other conflicts with the design and function of the balance of the Building. Landlord’s architect and engineers shall respond to any plan submission by Landlord will so notify Tenant within five (5) Business Days after Landlord’s receipt thereof. In the event Landlord’s architect’s or engineers’ approval business days of Tenant’s Plans is withheld or conditioned (and such approval shall not be unreasonably withheld or conditioned), Landlord shall send written notification thereof to Tenant and include a reasonably detailed statement identifying the reasons for such refusal or conditionreceipt, and Tenant shall have will cause the plans same to be revised by its architect according to incorporate all reasonable objections Landlord’s notice and conditions presented by Landlord and shall resubmit such plans resubmitted to Landlord within ten (10) days after receipt of such notice. Landlord will notify Tenant of its approval of any revisions to the plans within seven (7) business days of receipt. Within ten (10) days after Landlord notifies Tenant of Landlord’s notice approval of disapprovalthe Preliminary Plans, Tenant, at its expense, will cause the Construction Documents to be prepared and submitted to Landlord for its approval which approval shall not be unreasonably withheld, conditioned or delayed. Such process shall be followed until The Construction Documents must strictly conform to the plans shall have been Preliminary Plans approved by Landlord and must be in all respects sufficient for the purpose of obtaining a building permit for the Leasehold Improvements. If required by Landlord, Landlord will so notify Tenant within seven (7) business days of receipt, and Tenant will cause the Construction Documents to be resubmitted to Landlord for its approval within ten (10) days after Landlord notifies Tenant of any required changes. Construction of the Leasehold Improvements shall not commence prior to Landlord’s architect and engineer without unreasonable objection or condition, except that after approval of the initial five-(5)-Business-day period, any further submissions/resubmissions shall be made within three (3) Business DaysConstruction Documents. If Landlord fails Tenant reserves the right to respond request changes to submitted plans within the applicable period Construction Drawings subject to the approval process set forth above, then the September 10, 2012, date set forth . No delays in the table incorporated in Section III.A below design or performance of the Leasehold Improvements will change the Commencement Date; provided, however, the Commencement Date shall be extended postponed on a day-for-day basis for each day of “Landlord Delay” that any such failure continues. Without limiting the foregoing, Tenant shall be responsible for all elements of the design of results in Tenant’s plans (including, without limitation, compliance with law, functionality of design, inability to complete the structural integrity of Leasehold Improvements to the design, Premises by the configuration of the Relocation Premises and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval of Tenant’s Plans shall in no event relieve Tenant of the responsibility for such designCommencement Date. Tenant shall be solely responsible for the timely preparation and submission of all such Tenant Plans and for all elements of the design of such Tenant’s Plans and for all costs related thereto. (The word “architect” as As used in this Work Letter, “Landlord Delay” shall mean the following: (i) any delay by the Landlord in providing Tenant with early access to the Premises in accordance with Section II 3 above, and (Cii) shall include an interior designer Landlord’s failure to approve or space plannerdisapprove the Preliminary Plans or the Construction Documents (including any change orders thereto) within the time periods specified herein. Prior to Tenant claiming any Landlord Delay, Tenant must first provide Landlord with written notice of the claimed Landlord Delay and allow Landlord two (2) business days to cure or correct the same. No approval by Landlord of the Preliminary Plans, the Construction Documents or any revisions to them will constitute a representation or warranty by Landlord as to the adequacy or sufficiency of such plans, or the improvements to which they relate, for any use, purpose or condition, but such approval will merely be the consent of Landlord to the construction or installation of Leasehold Improvements in the Premises according to such plans.)
Appears in 1 contract
Samples: Trulia, Inc.
Tenant’s Plans. (a) Prior to September 30, 2012, Tenant shall be solely responsible deliver to Landlord four (4) copies signed by Tenant of its proposed space plan for the preparation Premises (the “Proposed Space Plan”) before any architectural working drawings or engineering drawings have been commenced. The Proposed Space Plan shall be prepared by Tenant’s architectural services or by another architect mutually acceptable to Landlord and Tenant. Landlord may request clarification or more specific drawings for special use items not included in the Proposed Space Plan. Landlord shall deliver written notice to Tenant within twenty (20) Business Days after Landlord’s receipt of the final architecturalProposed Space Plan specifying whether the submitted Proposed Space Plan is unsatisfactory or incomplete in any respect and providing a reasonably detailed explanation for any disapproval. If Landlord objects to any aspect of the Proposed Space Plan, electrical Tenant shall cause the Proposed Space Plan to be revised to correct any deficiencies or other matters Landlord may reasonably require and mechanical construction drawings, plans and specifications (called “Tenant’s Plans”) necessary to construct submit the Relocation Premises for Tenant’s occupancy, which plans shall be submitted revised space plan to Landlord for its approval by Landlord’s architect and engineers on or before June 1, 2012, and Tenant’s Plans shall comply with their requirements to avoid aesthetic or other conflicts with the design and function of the balance of the Buildingno later than ten (10) Business Days after Landlord delivers its advice. Landlord’s architect and engineers shall respond to any plan submission by Tenant within Within five (5) Business Days after Landlord’s receipt thereof. In Landlord receives the event Landlord’s architect’s or engineers’ approval of Tenant’s Plans is withheld or conditioned (and such approval shall not be unreasonably withheld or conditioned)revised space plan, Landlord shall send approve or disapprove such revised space plan by written notification thereof notice to Tenant and include a reasonably detailed statement identifying the reasons for such refusal or condition, and Tenant Tenant. This procedure shall have the plans revised by its architect to incorporate all reasonable objections and conditions presented be repeated until Tenant’s space plan is finally approved by Landlord and shall resubmit written approval has been delivered to Tenant. If Landlord fails to notify Tenant of any approval or disapproval of the Proposed Space Plan within the applicable time period provided above, and if such plans to Landlord within ten (10) days after receipt of Landlord’s notice of disapproval. Such process shall be followed until the plans shall have been approved by the Landlord’s architect and engineer without unreasonable objection or condition, except that after the initial five-(5)-Business-day period, any further submissions/resubmissions shall be made within failure continues for three (3) Business Days. If Landlord fails to respond to submitted plans within Days following a second notice from Tenant given following the expiration of the applicable time period set forth above(which notice must contain the caption “NOTICE OF DEEMED APPROVAL OF TENANT’S PROPOSED SPACE PLAN” in bold face, 12-point type), then the September 10, 2012, date set forth in the table incorporated in Section III.A below Landlord shall be extended on a day-for-day basis for each day that any such failure continuesdeemed to have approved the Proposed Space Plan. Without limiting The approved space plan is referred to herein as the foregoing“Final Space Plan”. Once approved by Landlord, Tenant no material changes shall be responsible made to the Final Space Plan without the prior written approval of Landlord, in Landlord’s reasonable discretion. Tenant acknowledges that if Tenant’s Cash and Equivalents are below the Credit Standard at the time Landlord’s approval is requested, it would be reasonable for all elements of the design Landlord to condition its approval with respect to any part of Tenant’s plans (including, without limitation, compliance with law, functionality of design, Work which Landlord requires to be removed and restored pursuant to Paragraph 8 below upon an increase in the structural integrity LC Amount by an amount equal to Landlord’s reasonable estimate of the design, cost of removing the configuration of improvements contemplated by the Relocation Premises requested change and restoring the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval of Tenant’s Plans shall in no event relieve Tenant of the responsibility for such design. Tenant shall be solely responsible for the timely preparation and submission of all such Tenant Plans and for all elements of the design of such Tenant’s Plans and for all costs related thereto. (The word “architect” as used in this Section II (C) shall include an interior designer or space plannerPremises.)
Appears in 1 contract
Samples: Lease Agreement (Synopsys Inc)
Tenant’s Plans. If Tenant desires to undertake any Major Alterations, Tenant shall submit to Landlord Tenant’s written request for Landlord’s approval (which shall not be solely responsible for the preparation unreasonably withheld, conditioned or delayed) of the final architecturalMaterial Components of such Major Alteration together with preliminary design drawings and preliminary plans and specifications therefor showing all Material Components (such request, electrical and mechanical construction drawings, plans and specifications (called specifications, a “Tenant’s PlansMajor Alterations Request”) necessary ). If Landlord fails to construct the Relocation Premises for Tenant’s occupancy, which plans shall be submitted to Landlord for approval by provide Landlord’s architect and engineers on written approval or before June 1, 2012, and Tenant’s Plans shall comply disapproval (with their requirements reasonably detailed comments) to avoid aesthetic or other conflicts with the design and function of the balance of the Building. Landlord’s architect and engineers shall respond to any plan submission by Tenant a Major Alterations Request within five twenty (520) Business Days after Landlord’s receipt thereof. In the event of such Major Alterations Request, Tenant will send a duplicate copy of such Major Alterations Request, which shall specifically state, in at least 12-point bold type and capital letters, that “LANDLORD MUST RESPOND TO THIS REQUEST WITHIN TEN (10) BUSINESS DAYS OR THIS REQUEST SHALL BE DEEMED APPROVED.” If Landlord fails to provide Landlord’s architect’s written approval or engineers’ approval of Tenant’s Plans is withheld or conditioned disapproval (and such approval shall not be unreasonably withheld or conditioned), Landlord shall send written notification thereof to Tenant and include a with reasonably detailed statement identifying the reasons for such refusal or condition, and Tenant shall have the plans revised by its architect to incorporate all reasonable objections and conditions presented by Landlord and shall resubmit such plans to Landlord comments) within ten (10) days after receipt of Landlord’s notice of disapproval. Such process Business Days from such second request, such Major Alterations Request shall be followed until the plans shall have been deemed approved by the Landlord’s architect and engineer without unreasonable objection or condition, except that after the initial five-(5)-Business-day period, any further submissions/resubmissions shall be made within three (3) Business Days. If Landlord disapproves preliminary design drawings and/or preliminary plans and specifications for any Material Components of any Major Alterations (specifying the reasons for its disapproval with reasonable specificity), Tenant shall revise and resubmit the revised design drawings and/or preliminary plans and specifications to Landlord (with the legend previously described in this Section 11.2) and, if Landlord fails to respond to such re-submitted drawings and/or plans and specifications within the applicable period set forth aboveten (10) Business Days after Landlord’s receipt of same, then such re-submitted design drawings and/or plans and specifications shall be deemed approved by Landlord. Consent or approval by Landlord shall not constitute a representation, warranty or other assurance that any design drawings, plans or specifications comply with Legal Requirements or Insurance Requirements are otherwise sufficient. For the September 10avoidance of doubt, 2012, date set forth in the table incorporated event Landlord consents to or approves (or is deemed to consent or approve pursuant to this Section 11.2) preliminary design drawings and/or preliminary plans and specifications for a Material Component of any Major Alteration and, subsequent to such consent or approval, there is a material change to the preliminary design drawings and preliminary plans and specifications for such Material Components of such Major Alteration, then Tenant shall submit to Landlord an updated Major Alterations Request (with the legend previously described in this Section III.A below 11.2 with twenty (20) days), which shall be extended on a day-approved or disapproved by Landlord within twenty (20) days after Landlord’s receipt of same, and, if Landlord fails to respond to such updated Major Alterations Request within twenty (20) days after Landlord’s receipt of same, then such updated Major Alterations Request shall be deemed approved by Landlord. Tenant covenants, represents and warrants to Landlord that the final design drawings and plans and specifications for such Material Components of such Major Alteration shall be consistent in all material respects with the preliminary design drawings and preliminary plans and specifications for such Material Components of such Major Alteration approved by Landlord, and such Material Components of such Major Alterations shall conform in all material respects to such final design drawings and plans and specifications. Tenant further covenants, represents and warrants to Landlord that the final design drawings and plans and specifications for-day basis for each day that any such failure continues, and completion of, the Major Alteration shall comply with all Legal Requirements and Insurance Requirements. Without limiting the foregoing, prior to commencing any Alteration, Tenant shall be responsible for obtain (i) all elements permits, authorizations and approvals with respect thereto from all Governmental Authorities having the requisite jurisdiction (to the extent required by applicable Legal Requirements) and (ii) the approval thereof of each Leasehold Mortgagee whose Leasehold Mortgage requires such approval. Any dispute as to the reasonableness of any disapproval of Material Components of any Major Alterations (or the design drawings therefor) shall be resolved through arbitration conducted in accordance with the provisions of Tenant’s plans Section 33.2; provided, however, that Tenant and Landlord shall work together in good faith to resolve any disputes regarding a Material Components of any Major Alteration for fifteen (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Relocation Premises and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval of Tenant’s Plans shall in no event relieve Tenant of the responsibility for 15) Business Days prior to resolving such designdispute through arbitration. Tenant shall be solely responsible agrees to reimburse Landlord for the timely preparation and submission its reasonable out of all such Tenant Plans and for all elements of the design pocket costs incurred in review of such Tenant’s Plans and for all Material Components of any Major Alterations; provided that such costs related thereto. shall not exceed Twenty-Five Thousand Dollars (The word “architect” as used in this Section II $25,000.00) (CAdjusted By CPI every ten (10) shall include an interior designer or space plannerLease Years) with respect to any Major Alteration.)
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Tenant’s Plans. Tenant shall be solely responsible for In connection with the preparation performance of the final architecturalwork, electrical and mechanical construction drawingsif any, plans and specifications (called “Tenant’s Plans”) necessary to construct prepare the Relocation Premises for Tenant’s occupancyoccupancy and business operations, which plans including without limitation, the installation of all furniture, equipment and fixtures (“Tenant’s Work”), Tenant shall be submitted submit to Landlord for approval by Landlord’s architect approval (i) the name of and other reasonably requested information regarding Tenant’s proposed architect, HVAC and MEP engineers on or before June 1and general contractor; (ii) a set of design/ development plans sufficient for Landlord to approve Tenant’s proposed design of the Premises (the “Design/ Development Plans”), 2012(iii) an initial set of permit plans sufficient to permit Tenant to commence Tenant’s Work (“Permit Plans”), and (iv) a full set of construction drawings (“Final Construction Drawings”) for Tenant’s Work. The Design/ Development Plans, the Permit Plans shall comply with their requirements and the Final Construction Drawings are collectively referred to avoid aesthetic or other conflicts with herein as the design and function “Plans.” Landlord’s approval of the balance of the Building. Landlord’s architect architect, HVAC and MEP engineers shall respond to any plan submission by Tenant within five (5) Business Days after Landlord’s receipt thereof. In the event Landlord’s architect’s or engineers’ approval of Tenant’s Plans is withheld or conditioned (and such approval general contractor shall not be unreasonably withheld, conditioned or delayed. Landlord’s approval of the Plans shall not be unreasonably withheld, conditioned or delayed provided the Plans do not affect the exterior of the Building and do not adversely affect, in Landlord’s reasonable judgment, the Building’s structure or Building systems and shall not in any event be withheld or conditioned), as to anything shown on Plans previously approved. Landlord’s approval is solely given for the benefit of Landlord shall send written notification thereof to Tenant and include a reasonably detailed statement identifying the reasons for such refusal or condition, and Tenant under this Section 3.4(a) and neither Tenant nor any third party shall have the plans revised by its architect right to incorporate all reasonable objections and conditions presented by rely upon Landlord’s approval of the Plans for any other purpose whatsoever. Landlord and shall resubmit such plans agrees to respond to any request for approval of the Plans within fifteen (15) business days after receipt thereof; provided, however, that Landlord agrees to respond to any request for approval of any of the Plans other than the initial Design/ Development Plans within ten (10) business days after receipt of thereof if such request is accompanied by (A) a certification from a licensed code engineer that such plans are code compliant, and (B) a certification from AHA Consulting Engineers that the Plans are compatible with the base building design. Landlord’s notice response to request for approval of disapproval. Such process shall be followed until the plans shall have been approved by the Landlord’s architect and engineer without unreasonable objection or condition, except that after the initial five-(5)-Business-day period, any further submissions/resubmissions shall be made within three (3) Business Days. If Landlord fails to respond to submitted plans within the applicable period set forth above, then the September 10, 2012, date set forth in the table incorporated in Section III.A below shall be extended on a day-for-day basis for each day that any such failure continues. Without limiting the foregoing, Tenant shall be responsible for all elements of the design of Tenant’s plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Relocation Premises and the placement of Tenant’s furniture, appliances and equipment), and proposed Plans shall include Landlord’s approval of Tenant’s Plans shall in no event relieve Tenant such Plans, or a reasonably detailed explanation of the responsibility reasons for such design. Tenant shall be solely responsible for the timely preparation and submission of all such Tenant Plans and for all elements of the design of such Tenant’s Plans and for all costs related thereto. (The word “architect” as used in this Section II (C) shall include an interior designer or space plannerany disapproval.)
Appears in 1 contract
Samples: Commencement Date Agreement (Aveo Pharmaceuticals Inc)
Tenant’s Plans. Tenant shall be solely responsible provide, at Tenant's sole cost and expense, all of the plans, specifications and drawings for the preparation of Seventh Floor HVAC Unit necessary to design and install the final architecturalSeventh Floor HVAC Unit in Exhibit “C” (the “Tenant’s HVAC Work”), including all required mechanical, electrical and mechanical construction plumbing drawings, plans the location and specifications (called “Tenant’s Plans”) necessary to construct the Relocation Premises for Tenant’s occupancyinstallation of all equipment, which plans shall be submitted to Landlord for approval by Landlord’s architect risers, disconnects, ducts, utility and engineers on or before June 1, 2012HVAC distribution, and other Tenant installations (collectively, the "Tenant's Plans"). For the sake of clarity, the Tenant’s Plans shall comply with their requirements to avoid aesthetic include all the plans, specifications and drawings for either the Rheem or other conflicts with the design and function of the balance of the Building. Landlord’s architect and engineers shall respond to any plan submission by Tenant within five (5) Business Days after Landlord’s receipt thereof. In the event Landlord’s architect’s or engineers’ approval of York unit that is specified in Exhibit C. Tenant’s Plans is withheld or conditioned (shall be prepared by Tenant and such shall be subject to the prior written approval of Landlord, which shall not be unreasonably withheld or conditioned), Landlord shall send written notification thereof to Tenant and include a reasonably detailed statement identifying the reasons for such refusal or condition, and Tenant shall have the plans revised by its architect to incorporate all reasonable objections and conditions presented by Landlord and shall resubmit such plans to Landlord within ten (10) days after receipt of delayed. Landlord’s notice of disapproval. Such process shall be followed until the plans shall have been approved by the Landlord’s architect and engineer without unreasonable objection or condition, except that after the initial five-(5)-Business-day period, any further submissions/resubmissions shall be made within three (3) Business Days. If Landlord fails to respond to submitted plans within the applicable period set forth above, then the September 10, 2012, date set forth in the table incorporated in Section III.A below shall be extended on a day-for-day basis for each day that any such failure continues. Without limiting the foregoing, Tenant shall be responsible for all elements of the design review of Tenant’s plans (includingPlans shall not impose any obligation or liability on Landlord, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Relocation Premises and the placement of Tenant’s furniture, appliances and equipment)its agents or representatives, and Landlord’s approval of Tenant’s Plans shall not serve as a representation or warranty as to the accuracy of Tenant’s Plans or as to compliance with any laws, codes, regulations or ordinances. Landlord shall approve Tenant's Plans prior to Tenant commencing any of Tenant’s HVAC Work. (b) Tenant’s HVAC Work shall be performed, at Tenant’s sole cost and expense, by a bona fide union general contractor and bona fide union subcontractors, architects and engineers selected by Xxxxxx. Landlord shall have the right to approve all contractors and subcontractors, and the performance of Tenant’s HVAC Work, and all such contractors and subcontractors performing such work, shall comply in all respects with all applicable laws, codes and regulations and with the terms of this Paragraph 9 and the terms of Paragraph 12 of the Original Lease, Tenant’s Plans, and with the rules and regulations attached to the Lease; provided, however, that Landlord will not unreasonably withhold approval of said contractors and subcontractors if proof of proper licensure and insurance is demonstrated to Landlord. Tenant’s HVAC Work shall not interfere with or affect the common areas or structural components of the Building or any Building mechanical systems, HVAC, electrical, plumbing, gas, elevator or other Building operating systems serving other tenants and occupants of the Building. Tenant shall perform or cause to be performed Tenant’s HVAC Work in a manner which shall not interfere with or interrupt the business operations or premises of other tenants in the Building, except as may be approved by Landlord, which approval shall not be unreasonably withheld or delayed. Tenant shall diligently pursue the performance and completion Xxxxxx’s HVAC Work following Landlord’s written approval of Xxxxxx’s Plans therefor and the parties will agree on a schedule for the completion of Tenant’s HVAC Work upon Xxxxxxxx’s approval of Tenant’s Plans, provided, however, that in no event relieve Tenant shall Tenant’s HVAC Work be completed later than March 10, 2022, time being of the responsibility for such designessence. Tenant All of the cost and expense of and relating to Tenant’s HVAC Work and installations thereof shall be borne by Tenant except solely responsible for the timely preparation and submission of all such Tenant Plans and for all elements of the design of such Tenant’s Plans and for all costs related thereto. (The word “architect” as used in this Section II (C) shall include an interior designer or space planner.)follows:
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Tenant’s Plans. On or before August 9, 1996, Tenant shall provide to -------------- Landlord for its approval final working drawings, prepared by an architect that has been approved by Landlord (which approval shall not be solely responsible unreasonably withheld), of all improvements that Tenant proposes to have installed in the Premises; such working drawings shall include the partition layout, ceiling plan, electrical outlets and switches, telephone outlets, drawings for any modifications to the preparation mechanical and plumbing systems of the final architecturalBuilding, electrical and mechanical construction drawings, detailed plans and specifications for the construction of the improvements called for in this Agreement, in accordance with all applicable governmental laws, codes, rules and regulations. Landlord shall approve or disapprove such drawings within ten (called “Tenant’s Plans”10) necessary to construct business days of their receipt by Landlord. If Landlord disapproves such working drawings, Landlord shall specify the Relocation Premises reasons for Tenant’s occupancysuch disapproval in reasonable particularity, which plans and Tenant shall be submitted make conforming revisions thereto and resubmit such working drawings to Landlord for approval by Landlord’s architect and engineers on or before June 1, 2012, and Tenant’s Plans shall comply with their requirements to avoid aesthetic or other conflicts re-review in accordance with the design same procedure set forth above, except that Landlord must complete its review and function notify Tenant of the balance its approval or disapproval of the Building. Landlord’s architect and engineers shall respond to any plan submission by Tenant such revised working drawings within five (5) Business Days business days of their receipt by Landlord. Landlord and Tenant shall initial the working drawings after the same have been finally approved by Landlord’s receipt thereof. In If Landlord falls to give Tenant notice as aforesaid either approving or disapproving Tenant's initial working drawings or resubmitted working drawings within the event time periods specified above, Landlord shall be deemed to have approved such initial working drawings or resubmitted working drawings, as applicable. Landlord’s architect’s or engineers’ 's approval of Tenant’s Plans is withheld or conditioned (and such approval 's working drawings shall not be unreasonably withheld or conditioned)withheld, Landlord shall send written notification thereof provided that (a) they comply with all applicable governmental laws, codes, rules and regulations, (b) such working drawings are sufficiently detailed to Tenant allow construction of the improvements in a good and include a reasonably detailed statement identifying the reasons for such refusal or conditionworkmanlike manner, and Tenant shall have (c) the plans revised by its architect improvements depicted thereon conform to incorporate all reasonable objections the rules and conditions presented regulations promulgated by Landlord and shall resubmit such plans to Landlord within ten (10) days after receipt for the construction of Landlord’s notice of disapproval. Such process shall be followed until the plans shall have been approved by the Landlord’s architect and engineer without unreasonable objection or condition, except that after the initial five-(5)-Business-day period, any further submissions/resubmissions shall be made within three (3) Business Days. If Landlord fails to respond to submitted plans within the applicable period set forth above, then the September 10, 2012, date set forth tenant improvements in the table incorporated in Section III.A below shall be extended on a day-for-day basis for each day that any such failure continuesBuilding. Without limiting the foregoing, Tenant shall be responsible for all elements of the design of Tenant’s plans (including, without limitation, compliance with law, functionality of designAs used herein, the structural integrity of the design, the configuration of the Relocation Premises and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval of Tenant’s Plans shall in no event relieve Tenant of the responsibility for such design. Tenant shall be solely responsible for the timely preparation and submission of all such Tenant Plans and for all elements of the design of such Tenant’s Plans and for all costs related thereto. (The word “architect” as used in this Section II (C) shall include an interior designer or space planner.)phrase
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Tenant’s Plans. In connection with the performance of Tenant's Work, Tenant shall be solely responsible for the preparation of the final architectural, electrical and mechanical construction drawings, plans and specifications (called “Tenant’s Plans”) necessary to construct the Relocation Premises for Tenant’s occupancy, which plans shall be submitted will submit to Landlord for Landlord's written approval by a set of the Design/Development Plans. Landlord may list any comments it has on the Design Development Plans on Schedule A attached hereto. Tenant shall submit to Landlord for Landlord’s architect and engineers on 's written approval, the Final Construction Drawings not later than June 28, 2004 (the "Plan Submittal Deadline"). Landlord shall either approve or before June 1disapprove of such Final Construction Drawings within 6 Business Days of Landlord's receipt thereof and, 2012in the event of any disapproval, Landlord will provide Tenant with a summary of the material reasons for disapproval, and Tenant’s Plans shall comply with their requirements to avoid aesthetic or other conflicts with the design and function of the balance changes that will be required before Landlord will reconsider approving the same. If necessary, Tenant shall promptly cause such Final Construction Drawings to be modified in accordance with Landlord's reasonable requests within 6 Business Days of Tenant's receipt of Landlord's comments. Landlord's approval of the Building. Landlord’s architect and engineers shall respond to any plan submission by Tenant within five (5) Business Days after Landlord’s receipt thereof. In the event Landlord’s architect’s or engineers’ approval of Tenant’s Plans is withheld or conditioned (and such approval Final Construction Drawings shall not be unreasonably withheld withheld, conditioned or conditioned)delayed, provided that they are consistent with the Design/Development Plans. At such time as the Final Construction Drawings are completed and approved by Landlord, Landlord shall send written notification thereof to Tenant and include a reasonably detailed statement identifying the reasons for such refusal or condition, and Tenant shall each execute and deliver the Landlord Approval Letter, reciting such approval and definitively identifying the Final Construction Drawings so approved, and a copy of such letter shall be appended to each counterpart of the Lease. The Landlord Approval Letter shall also list any elements of Tenant's Work that must be removed at the end of the Lease Term in accordance with Section 5.1.4. of the Lease. Landlord and Tenant agree that any mezzanine level constructed as part of Tenant's Work in accordance with the Final Construction Drawings shall be left in the Premises at the expiration of the Lease Term. After execution of the Landlord Approval Letter, any material changes to Tenant's Plans shall require Landlord's prior written approval, such approval to follow the procedure outlined in this Section above. Any approval granted by Landlord under this Section 2 shall be granted solely for the benefit of Landlord, and neither Tenant nor any third party shall have the plans revised by its architect right to incorporate all reasonable objections and conditions presented by Landlord and shall resubmit such plans to Landlord within ten (10) days after receipt rely upon Landlord's approval of Landlord’s notice any of disapproval. Such process shall be followed until the plans shall have been approved by the Landlord’s architect and engineer without unreasonable objection or condition, except that after the initial five-(5)-Business-day period, Tenant's Plans for any further submissions/resubmissions shall be made within three (3) Business Days. If Landlord fails to respond to submitted plans within the applicable period set forth above, then the September 10, 2012, date set forth in the table incorporated in Section III.A below shall be extended on a day-for-day basis for each day that any such failure continuesother purpose whatsoever. Without limiting the foregoing, Tenant shall be responsible for all elements of the design of Tenant’s plans 's Work (including, without limitation, the compliance of the Tenant's Work and Tenant's Plans with lawLegal Requirements, functionality of design, the structural integrity of the design, the configuration of the Relocation Premises Premises, the demising of the Premises, and the placement of Tenant’s 's furniture, appliances and equipment), and Landlord’s 's approval of the Tenant’s 's Plans shall in no event relieve Tenant of the responsibility for such design. Tenant shall be solely responsible for the timely preparation and submission of all such Tenant Plans and for all elements of the design of such Tenant’s Plans and for all costs related thereto. (The word “architect” as used in this Section II (C) shall include an interior designer or space plannertherefor.)
Appears in 1 contract
Samples: A123 Systems Inc
Tenant’s Plans. Any upgrades or improvements made to the Premises in addition to Landlord's Work made either simultaneously or subsequent to such work shall be an additional cost to Tenant. Tenant shall have the right to undertake all of the Tenant's Work through its own contractor. There shall be no fees charged by Landlord to Tenant for management or supervision by Landlord of Tenant's Work. Tenant shall be solely responsible permitted to enter and have prior access to Premises along with its agents, contractors and architects. Such right of access shall include access to and use of the loading dock, elevators, electrical systems, air conditioning and related facilities. There shall be no charge for the preparation use of said facilities. Tenant shall obtain Landlords prior written approval to any material revisions to the final architectural, electrical and mechanical construction drawings, plans and specifications (called “Tenant’s Plans”) necessary to construct the Relocation Premises for 's Plans requested by Tenant’s occupancy, which plans shall be submitted to Landlord for approval by Landlord’s architect and engineers on or before June 1, 2012, and Tenant’s Plans shall comply with their requirements to avoid aesthetic or other conflicts with the design and function of the balance of the Building. Landlord’s architect and engineers shall respond to any plan submission by Tenant within five (5) Business Days after Landlord’s receipt thereof. In the event Landlord’s architect’s or engineers’ approval of Tenant’s Plans is withheld or conditioned (and such approval shall not be unreasonably withheld or conditioned)delayed. Notwithstanding anything to the contrary herein contained, Landlord shall send written notification thereof Tenant's Work may vary from the requirements of the Tenant's Plans if the variances are required by the circumstances or good construction practices, the building permit or applicable legal requirements, or if the variance is not material. Prior to Tenant and include a reasonably detailed statement identifying commencing any portion of the reasons for such refusal or condition, and Tenant shall have the plans revised by its architect to incorporate all reasonable objections and conditions presented by Landlord and shall resubmit such plans to Landlord within ten (10) days after receipt of Landlord’s notice of disapproval. Such process shall be followed until the plans shall have been approved by the Landlord’s architect and engineer without unreasonable objection or condition, except that after the initial five-(5)-Business-day period, any further submissions/resubmissions shall be made within three (3) Business Days. If Landlord fails to respond to submitted plans within the applicable period set forth above, then the September 10, 2012, date set forth in the table incorporated in Section III.A below shall be extended on a day-for-day basis for each day that any such failure continues. Without limiting the foregoingTenant's Work, Tenant shall be responsible for all elements shall: (i) obtain the Building Permit, (ii) advise Landlord of the design name of the general contractor to be engaged by Tenant to perform the Tenant’s plans (including, without limitation, compliance with law, functionality of design's Work, the structural integrity selection of such contractor to be subject to the design, the configuration reasonable prior approval of the Relocation Premises and the placement of Tenant’s furniture, appliances and equipmentLandlord (which approval shall not be unreasonably withheld or delayed), and Landlord’s approval (iii) furnish Landlord with proof that Tenant has obtained public liability insurance covering the Premises as required by Section 26A hereof and that the general contractor has in effect a policy of Tenant’s Plans shall liability insurance, builder's risk insurance and workers' compensation insurance in no event relieve Tenant such amounts and in such form as is customarily maintained in connection with similar construction in the vicinity of the responsibility for such designBuilding. Tenant shall be solely responsible for perform Tenant's Work in a good and workmanlike manner in compliance with the timely preparation building and submission zoning laws applicable to the Premises. Tenant shall complete Tenant's Work free and clear of all such Tenant Plans liens and encumbrances for all elements of the design of such Tenant’s Plans work, labor and for all costs related thereto. (The word “architect” as used in this Section II (C) shall include an interior designer or space plannerservices.)
Appears in 1 contract
Tenant’s Plans. In connection with the performance of Tenant's Work, Tenant shall be solely responsible for the preparation of the final architectural, electrical and mechanical construction drawings, plans and specifications (called “Tenant’s Plans”) necessary to construct the Relocation Premises for Tenant’s occupancy, which plans shall be submitted will submit to Landlord for Landlord's written approval a set of the Design/Development Plans by no later than November 10, 2004. Landlord may list any comments it has on the Design Development Plans on Schedule A attached hereto. Tenant shall submit to Landlord for Landlord’s architect and engineers on or before June 's written approval, the Final Construction Drawings by no later than January 1, 20122005. Landlord shall either approve or disapprove of such Final Construction Drawings within 10 Business Days of Landlord's receipt thereof and, in the event of any disapproval, Landlord will provide Tenant with a summary of the material reasons for disapproval, and Tenant’s Plans shall comply with their requirements to avoid aesthetic or other conflicts with the design and function of the balance changes that will be required before Landlord will reconsider approving the same. If necessary, Tenant shall promptly cause such Final Construction Drawings to be modified in accordance with Landlord's reasonable requests within 10 Business Days of Tenant's receipt of Landlord's comments. Landlord's approval of the Building. Landlord’s architect and engineers shall respond to any plan submission by Tenant within five (5) Business Days after Landlord’s receipt thereof. In the event Landlord’s architect’s or engineers’ approval of Tenant’s Plans is withheld or conditioned (and such approval Final Construction Drawings shall not be unreasonably withheld withheld, conditioned or conditioned)delayed, provided that they are consistent with the Design/Development Plans and the A&E Guidelines. At such time as the Final Construction Drawings are completed and approved by Landlord, Landlord shall send written notification thereof to Tenant and include a reasonably detailed statement identifying the reasons for such refusal or condition, and Tenant shall have each execute and deliver the plans revised by its architect to incorporate all reasonable objections Landlord Approval Letter, reciting such approval and conditions presented by Landlord definitively identifying the Final Construction Drawings so approved, and shall resubmit a copy of such plans to Landlord within ten (10) days after receipt of Landlord’s notice of disapproval. Such process letter shall be followed until appended to each counterpart of the plans Lease. The Landlord Approval Letter shall have been approved by the Landlord’s architect and engineer without unreasonable objection or condition, except that after the initial five-(5)-Business-day period, also list any further submissions/resubmissions shall be made within three (3) Business Days. If Landlord fails to respond to submitted plans within the applicable period set forth above, then the September 10, 2012, date set forth in the table incorporated in Section III.A below shall be extended on a day-for-day basis for each day that any such failure continues. Without limiting the foregoing, Tenant shall be responsible for all elements of Tenant's Work that must be removed at the design of Tenant’s plans (including, without limitation, compliance with law, functionality of design, the structural integrity end of the design, the configuration of the Relocation Premises and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval of Tenant’s Plans shall Lease Term in no event relieve Tenant of the responsibility for such design. Tenant shall be solely responsible for the timely preparation and submission of all such Tenant Plans and for all elements of the design of such Tenant’s Plans and for all costs related thereto. (The word “architect” as used in this accordance with Section II (C) shall include an interior designer or space planner5.1.4.)
Appears in 1 contract
Samples: Athenahealth Inc
Tenant’s Plans. Tenant, at its sole cost (subject to reimbursement of such costs from the Tenant Improvement Allowance) shall cause to be solely responsible for the preparation prepared and delivered to Landlord, within sixty (60) days of the final Date of this Lease, three copies of complete, detailed architectural, mechanical, and electrical and mechanical construction drawings, plans drawings and specifications for Tenant’s Work (called the “Tenant’s Plans”) ). Tenant’s Plans shall describe all work necessary to construct fit the Relocation Premises for use by Tenant in the conduct of its business in a first-class manner, in compliance with all Legal Requirements and the requirements of this Lease, including the use and operational requirements set forth in Article 2.0 hereof. Tenant’s occupancy, which plans Plans shall be submitted subject to Landlord for Landlord’s prior written approval (not to be unreasonably withheld, conditioned or delayed) and shall be prepared by licensed architects and engineers first approved by Landlord’s architect and engineers on or before June 1, 2012, and . Tenant’s Plans shall comply with their requirements all applicable Legal Requirements and shall conform to avoid aesthetic or other conflicts with the design and function Landlord’s interpretation of the balance Landlord’s standards for the Building. If, in connection with determining whether or not to approve Tenant’s Plans or revisions thereto, Landlord incurs architectural, engineering, or any other professional fees, Tenant shall pay such reasonable fees as Additional Rent. Tenant shall have ten (10) Business Days following notice by Landlord to respond to any comments or changes requested by Landlord and to resubmit three copies of the revised Tenant’s Plans to Landlord. Notwithstanding anything herein to the contrary, Landlord’s approval rights as to the Tenant’s Plans shall be limited to a review of the Tenant’s Plans to confirm that: (i) the improvements are reasonably compatible with (and not damaging to) the structural, mechanical, electrical, plumbing and other systems of the Building. , (ii) the improvements do not materially adversely impact (in Landlord’s architect reasonable judgment) either the exterior appearance or operations of the Building or the appearance or operations of the public areas of the Building and engineers shall respond to any plan submission by Tenant within five (5iii) the improvements comply with Legal Requirements. Within ten (10) Business Days after Landlord’s receipt thereof. In delivery of a complete set of the event Landlord’s architect’s or engineers’ approval of Tenant’s Plans is withheld to Landlord, Landlord shall either approve such Tenant’s Plans or conditioned notify Tenant of the specific item(s) of such Tenant’s Plans of which Landlord disapproves and a detailed description of the reason(s) for such disapproval. If Landlord disapproves any of the Tenant’s Plans, within ten (10) Business Days after receipt of Landlord’s disapproval notice, Tenant shall revise and such resubmit same to Landlord for approval, which approval shall not be unreasonably withheld or conditioned). The above process shall be repeated until such time as Landlord has approved or is deemed to have approved the Tenant’s Plans. If, as, and when Landlord shall send written notification approve (or deemed to have approved as set forth below) Tenant’s Plans, the same shall become final and three copies thereof to Tenant and include a reasonably detailed statement identifying the reasons for such refusal or condition, and Tenant shall have the plans revised by its architect to incorporate all reasonable objections and conditions presented be signed by Landlord and Tenant, two sets to be retained by Landlord and one set to be retained by Tenant. Tenant’s Plans shall resubmit such plans not be changed without the prior written approval of Landlord in each instance, not to be unreasonably withheld, conditioned or delayed. In the event Landlord fails to either approve or disapprove in writing Tenant’s Plans within said ten (10) days after receipt Business Day review period, then Tenant may provide Landlord with a reminder notice, (which shall include a duplicate set of Tenant’s Plans) which notice shall bear the following caption prominently in the subject line of such notice: “THIS NOTICE SHALL CONSTITUTE THE FIVE (5) BUSINESS DAY REMINDER NOTICE AS SET FORTH IN SECTION 12.2.1 OF THE LEASE. LANDLORD’S FAILURE TO EITHER APPROVE OR DISAPPROVE THE ENCLOSED TENANT’S PLANS IN ACCORDANCE WITH THE PROVISIONS OF SECTION 12.2.1 OF THE LEASE WITHIN FIVE (5) BUSINESS DAYS OF LANDLORD’S RECEIPT HEREOF SHALL BE DEEMED TO BE LANDLORD’S WRITTEN APPROVAL OF THE ENCLOSED TENANT’S PLANS” (the “Reminder Notice”). The Reminder Notice shall be delivered to Landlord’s Property Manager, Xxxxxx Xxxxx, with a copy to Xxxxx Xxxxxxxx, Assistant Director, University and Commercial Leasing, both at Landlord’s address set forth in Section 9.2 and otherwise in accordance with the notice provisions in Section 9.2. In the event Landlord fails to either approve or disapprove in writing Tenant’s Plans within five (5) Business Days of Landlord’s notice receipt of disapproval. Such process shall be followed until said Reminder Notice, the plans version of Tenant’s Plans which shall have been approved by attached to both the Landlord’s architect original notice to Landlord and engineer without unreasonable objection or condition, except that after the initial five-(5)-Business-day period, any further submissions/resubmissions Reminder Notice to Landlord shall be made within three (3) Business Daysdeemed approved. If Landlord fails to respond to submitted plans within the applicable period set forth above, then the September 10, 2012, date set forth in the table incorporated in Section III.A below shall be extended on a day-for-day basis for each day that any such failure continues. Without limiting the foregoing, Tenant shall be responsible for all elements of the design of Tenant’s plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Relocation Premises and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval of Tenant’s Plans (regardless of whether such approval is actual or deemed as set forth above) shall not constitute an opinion or agreement by Landlord that the same are sufficient or that they are in no event relieve Tenant compliance with Legal Requirements, nor shall such approval impose any present or future liability on Landlord or waive any of Landlord’s rights hereunder. Tenant, at Tenant’s sole cost (or at Landlord’s election, Landlord, at Tenant’s sole cost), shall perform all appropriate filings with applicable Governmental Authorities and shall obtain all such approvals and permits as required for the construction of the responsibility for such designwork depicted on Tenant’s Plans. If Tenant shall be solely responsible for requests modifications of, or additions to, the timely preparation and submission of all such Tenant Plans and for all elements of the design of such approved Tenant’s Plans and if Landlord gives its approval, Tenant shall, in each instance, pay the costs (including reasonable attorney’s fees) relating to such modifications or additions, including any professional or other fees or cost incurred, or to be incurred by Landlord and Tenant in respect thereof (but nothing herein contained shall compel Landlord to approve such modifications of, or additions to, the approved Tenant’s Plans). Landlord’s approval of such modification to the Tenant’s Plans shall be subject to the same time requirements as the review and approval of the original Tenant’s Plans, including, without limitation, the deemed approval of such modification in the event Landlord fails to either approve or disapprove of such requested modification within five (5) Business Days of Landlord’s receipt of a Reminder Notice in connection with Tenant’s request for all costs related thereto. (The word “architect” as used in this Section II (C) shall include an interior designer or space plannerLandlord’s review and approval of any such modification to Tenant’s Plans.)
Appears in 1 contract
Samples: Lease (Wave Life Sciences Pte LTD)
Tenant’s Plans. Tenant shall prepare at Tenant's expense and, not later than September 15, 1999, shall deliver to Landlord one mylar and two black line prints of complete and final architectural working drawings (which shall be solely responsible 1/8" scale) and three copies of specifications and two (2) non-copyrighted CADD disks, prepared by an architect or space planner approved by Landlord ("Tenant's Layout Plans") for the preparation construction and finishing of the final architectural, electrical and mechanical construction drawings, plans and specifications (called “Tenant’s Plans”) necessary to construct the Relocation Premises for Tenant’s 's occupancy. Tenant's Layout Plans shall (i) include the layout of Tenant's furniture, fixtures and equipment, (ii) include electrical and heat specifications for all of Tenant's fixtures and equipment, (iii) be signed and sealed by an architect licensed by and registered in the State of Colorado, and (iv) conform to all applicable laws and requirements of public authorities and insurance underwriters' requirements. Tenant's Layout Plans shall be subject to Landlord's review and written approval, which plans shall be submitted to Landlord for approval by Landlord’s architect and engineers on or before June 1, 2012, and Tenant’s Plans shall comply with their requirements to avoid aesthetic or other conflicts with the design and function of the balance of the Building. Landlord’s architect and engineers shall respond to any plan submission by Tenant within five (5) Business Days after Landlord’s receipt thereof. In the event Landlord’s architect’s or engineers’ approval of Tenant’s Plans is withheld or conditioned (and such approval shall not be unreasonably withheld or conditioned), Landlord shall send written notification thereof to Tenant and include a reasonably detailed statement identifying the reasons for such refusal or conditionwithheld, and such plans shall be deemed modified to take account of any changes reasonably required by Landlord. Tenant's Layout Plans as approved by Landlord and with the aforesaid modifications, if any, are herein called the "Final Layout Plans". Concurrently with delivery of Tenant's Layout Plans to Landlord, Tenant shall by notice to Landlord in writing designate a single individual who Tenant agrees shall be available to meet and consult with Landlord at the Premises as Tenant's representative respecting the matters which are the subject of this Paragraph 3 and who, as between Landlord and Tenant, shall have the power to legally bind Tenant, in making requests for changes, giving approval of plans revised by its architect to incorporate all reasonable objections and conditions presented by Landlord and shall resubmit such plans or work, giving directions to Landlord within ten (10) days after receipt or the like, under this Paragraph 3; and any notice or delivery given to such person personally or at his place of Landlord’s notice of disapproval. Such process shall be followed until the plans business shall have been approved by the Landlord’s architect and engineer without unreasonable objection same effect as a notice or condition, except that after the initial five-(5)-Business-day period, any further submissions/resubmissions shall be made within three (3) Business Days. If Landlord fails delivery given to respond to submitted plans within the applicable period set forth above, then the September 10, 2012, date set forth in the table incorporated in Section III.A below shall be extended on a day-for-day basis for each day that any such failure continues. Without limiting the foregoing, Tenant shall be responsible for all elements of the design of Tenant’s plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Relocation Premises and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval of Tenant’s Plans shall in no event relieve Tenant of the responsibility for such design. Tenant shall be solely responsible for the timely preparation and submission of all such Tenant Plans and for all elements of the design of such Tenant’s Plans and for all costs related thereto. (The word “architect” as used in this Section II (C) shall include an interior designer or space planner.)
Appears in 1 contract
Samples: Kbkids Com Inc
Tenant’s Plans. Landlord and Tenant shall be solely responsible for the collaborate in preparation -------------- of the final architectural, electrical and mechanical construction drawings, complete plans and specifications (called “hereinafter referred to as "Tenant’s 's Plans”") necessary to construct detailing the Relocation Premises for work and elements comprising Tenant’s occupancy, which plans 's Leasehold Improvement Request. Tenant shall be submitted submit such Plans to Landlord for written approval (not to be unreasonably withheld.) The approval by Landlord’s architect and engineers on or before June 1, 2012, and Tenant’s Plans shall comply with their requirements to avoid aesthetic or other conflicts with the design and function of the balance of the Building. Landlord’s architect and engineers shall respond to any plan submission by Tenant within five (5) Business Days after Landlord’s receipt thereof. In the event Landlord’s architect’s or engineers’ approval Landlord of Tenant’s 's Plans is withheld for work to be performed in the Leased Premises shall in no way create any responsibility or conditioned (liability on the part of Landlord for their completeness, design sufficiency or compliance with any and such approval all laws, rules and regulations of federal, state, county and municipal agencies or authorities. Any objections by Landlord to the Tenant's Plans and the reason therefore shall not be unreasonably withheld or conditioned), Landlord shall send written notification thereof given to Tenant and include a reasonably detailed statement identifying the reasons for such refusal or condition, and Tenant shall have the plans revised by its architect to incorporate all reasonable objections and conditions presented by Landlord and shall resubmit such plans to Landlord within ten (10) business days after of receipt of Landlord’s notice of disapproval. Such process shall be followed until the plans shall have been approved by the Landlord’s architect and engineer without unreasonable objection or condition, except that after the initial five-(5)-Business-day period, any further submissions/resubmissions shall be made within three (3) Business Days. If Landlord fails to respond to submitted plans within the applicable period set forth above, then the September 10, 2012, date set forth in the table incorporated in Section III.A below shall be extended on a day-for-day basis for each day that any such failure continues. Without limiting the foregoing, Tenant shall be responsible for all elements of the design of Tenant’s plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Relocation Premises and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval of Tenant’s Plans shall in no event relieve Tenant of the responsibility for such design's Plans. Tenant shall be solely responsible complete or cause to have completed the Tenant's Plans within ninety (90) days of receipt of complete and accurate Base Building plans and specifications. If Tenant fails within the ninety (90) day period after receiving the necessary Base Building information from Landlord to furnish to Landlord Tenant's Plans, Landlord shall have the right to terminate the Lease five (5) days after written notice to Tenant (without prejudice to any right Landlord may have against Tenant for the timely preparation and submission damages arising out of all such Tenant Plans and for all elements of the design of such Tenant’s Plans and for all costs related thereto. (The word “architect” as used in this Section II (C) shall include an interior designer or space planner's failure).)
Appears in 1 contract
Samples: Lease Agreement (Tenfold Corp /Ut)
Tenant’s Plans. Tenant shall have prepared, not later than the times set forth in Paragraph C of Exhibit “E” hereto, and shall deliver to Landlord for its approval (which shall not be solely responsible for the preparation unreasonably withheld) one mylar and two blackline prints of the complete and final architecturaldescriptive information and drawings described in Paragraph D of Exhibit “E” hereto and three (3) copies of the specifications, electrical and mechanical construction drawings, plans and specifications prepared by such space planner (called “Tenant’s Layout Plans”) necessary to construct for the Relocation construction and finishing of the Premises for Tenant’s occupancy, which . Tenant’s plans shall be signed and sealed by an architect licensed by and registered in the Commonwealth of Pennsylvania. Tenant’s Layout Plans shall conform to the plans and specifications heretofore submitted by Landlord to Landlord Tenant and applicable laws and requirements of public authorities and shall designate, among other things, the locations of and specifications for all plumbing, electrical and mechanical equipment to be installed in the Premises, and all partitions, doors, lighting fixtures, electric receptacles and switches, telephone outlets and special air conditioning, floor coverings and other improvements to be installed by Tenant. Tenant’s Layout Plans shall be subject to Landlord’s review and approval, which approval shall not be unreasonably withheld, and shall be deemed modified to take account of any changes reasonably required by Landlord’s architect and engineers on or before June 1, 2012, and Tenant’s Plans . The Landlord shall comply with their requirements to avoid aesthetic or other conflicts with the design and function of the balance of the Building. Landlord’s architect and engineers shall respond to any plan submission by advise Tenant within five (5) Business Days after Landlord’s business days of its receipt thereof. In the event Landlord’s architect’s or engineers’ approval of Tenant’s Layout Plans is withheld or conditioned (as to whether they are acceptable to Landlord. Concurrently with delivery of Tenant’s Layout Plans to Landlord, Tenant shall by notice to Landlord in writing designate a single individual who Tenant agrees shall be available to meet and such approval shall not be unreasonably withheld or conditioned)consult with Landlord at the Premises as Tenant’s representative respecting the matters which are the subject of this Article 8 and who, as between Landlord shall send written notification thereof to Tenant and include a reasonably detailed statement identifying the reasons for such refusal or conditionTenant, and Tenant shall have the power to legally bind Tenant, in making requests for changes, giving approval of plans revised by its architect to incorporate all reasonable objections and conditions presented by Landlord and shall resubmit such plans or work, giving directions to Landlord within ten (10) days after receipt of Landlord’s notice of disapproval. Such process shall be followed until or the plans shall have been approved by the Landlord’s architect and engineer without unreasonable objection or conditionlike, except that after the initial five-(5)-Business-day period, any further submissions/resubmissions shall be made within three (3) Business Days. If Landlord fails to respond to submitted plans within the applicable period set forth above, then the September 10, 2012, date set forth in the table incorporated in Section III.A below shall be extended on a day-for-day basis for each day that any such failure continues. Without limiting the foregoing, Tenant shall be responsible for all elements of the design of Tenant’s plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Relocation Premises and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval of Tenant’s Plans shall in no event relieve Tenant of the responsibility for such design. Tenant shall be solely responsible for the timely preparation and submission of all such Tenant Plans and for all elements of the design of such Tenant’s Plans and for all costs related thereto. (The word “architect” as used in under this Section II (C) shall include an interior designer or space plannerArticle 8.)
Appears in 1 contract
Tenant’s Plans. A. Tenant's Plans/Tenant's Work. Following the expiration of the Due Diligence Period in the manner hereinabove described, and subject to the obtaining of Tenant's Permits (and Landlord's prior written approval thereof), Tenant shall be solely responsible for the preparation commence Tenant's Work, which shall include, demolishing certain portions of the final architecturalLeased Premises, electrical and mechanical the construction drawings, of new alterations and improvements pursuant to plans and specifications which shall have been prepared by Tenant and submitted to Landlord for its prior written approval in accordance with the terms and conditions of this Lease. Such plans and specifications shall be prepared and provided at Tenant's sole cost and expense, shall be consistent with Tenant's Permits, and in compliance with all laws, ordinances, codes, permits, rules, regulations and requirements of all duly constituted governmental authorities having jurisdiction and applicable insurance companies (called “collectively, "LAWS") and shall include, as applicable, complete and detailed plans and specifications, including, but not limited to elevations, mechanical, electrical, plumbing and signage plans (collectively, "TENANT'S PLANS"). Tenant hereby agrees that Tenant’s Plans”) necessary 's Plans shall not require the construction of any structure beyond the "footprint" of the structure currently situate on that portion of the Property on which the Leased Premises are to construct the Relocation Premises for be rebuilt. Tenant’s occupancy, which plans 's Plans shall be submitted to Landlord for its review and approval by Landlord’s architect and engineers on prior to the expiration of the Due Diligence Period (i.e., as the same may be extended as contemplated above but without extension for events of force Majeure). Landlord shall give its approval or before June 1, 2012disapproval (giving specific reasons in case of disapproval) of Tenant's Plans within ten (10) business days after their delivery to Landlord for an initial review, and Tenant’s Plans shall comply with their requirements to avoid aesthetic or other conflicts with the design and function of the balance of the Building. Landlord’s architect and engineers shall respond to any plan submission by Tenant within five (5) Business Days business days after Landlord’s receipt thereoftheir delivery to Landlord for resubmission. In the event that Landlord shall advise Tenant of any objections to Tenant's Plans, and Landlord and Tenant cannot reasonably resolve said objections to their mutual satisfaction within thirty (30) days following Tenant's receipt of Landlord’s architect’s 's objections, then either party may submit such dispute to arbitration in accordance with Section 54. Notwithstanding anything herein contained to the contrary, the commencement or engineers’ pending decision of any arbitration proceeding in conjunction with this Lease shall not delay or excuse any payment of Base Rent, additional rent or other charge which is otherwise due and payable under this Lease. In the event that Tenant fails to timely submit Tenant's Plans as contemplated herein, Landlord may, at its option, take either of the following actions: (i) extend the time for Tenant to submit Tenant's Plans or (ii) by written notice to Tenant, terminate this Lease (subject to the provisions of Section 44). Tenant acknowledges that Landlord's approval of Tenant’s 's Plans is withheld or conditioned (and such approval shall not be unreasonably withheld deemed a warranty or conditioned)representation that Tenant's Plans comply with applicable Laws, Landlord or other legal requirements or are sufficient for Tenant's needs or purposes. All improvements and installations to be made, performed or installed by Tenant, inclusive of Tenant's Work, shall send written notification thereof to Tenant be provided at Tenant's sole cost and include a reasonably detailed statement identifying expense and shall be performed in compliance with all of the reasons for such refusal or condition, and Tenant shall have the plans revised by its architect to incorporate all reasonable objections terms and conditions presented by Landlord and shall resubmit such plans to Landlord within ten (10) days after receipt of Landlord’s notice of disapproval. Such process shall be followed until the plans shall have been approved by the Landlord’s architect and engineer without unreasonable objection or condition, except that after the initial five-(5)-Business-day period, any further submissions/resubmissions shall be made within three (3) Business Days. If Landlord fails to respond to submitted plans within the applicable period set forth above, then the September 10, 2012, date set forth in the table incorporated in Section III.A below shall be extended on a day-for-day basis for each day that any such failure continues. Without limiting the foregoing, Tenant shall be responsible for all elements of the design of Tenant’s plans this Lease (including, without limitationbut not limited to Section 21) and all applicable Laws. Tenant's Work shall be performed by reputable and licensed contractors reasonably approved by Landlord which shall work in a harmonious manner in accordance with good construction industry practice(s). Tenant shall not cause any conflict or work stoppage as a result of any work performed at the Property. Notwithstanding anything herein contained to the contrary, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Relocation Premises and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval of Tenant’s Plans shall in no event relieve may Tenant seek, submit, or request in any application made to any applicable municipal or other governing body having jurisdiction, any changes, modifications or other alterations of the responsibility Leased Premises, which entail or require either partial or full site plan review and approval, without Landlord's prior written consent, which consent may be withheld by Landlord in its sole and un-reviewable discretion; provided, however, that in the event that Landlord shall deny Tenant's request for consent to any such design. Tenant shall be solely responsible for the timely preparation and submission of all such Tenant Plans and for all elements changes, modifications or other alterations of the design of such Tenant’s Plans Leased Premises, which entail or require either partial or full site plan, Tenant may request a Resolution Meeting (as defined below), with Landlord, in the same time and for all costs related thereto. (The word “architect” manner as used provided in this Section II (C) shall include an interior designer or space planner4.6C below, in order to review the specific request and attempt a resolution thereof.)
Appears in 1 contract
Tenant’s Plans. Tenant shall be solely responsible for Prior to commencing any of Tenant's Work within the preparation applicable portion of the final architecturalPremises, electrical Tenant, at its expense, will cause the Preliminary Plans for such applicable portion to be prepared and mechanical construction drawings, plans and specifications (called “Tenant’s Plans”) necessary to construct the Relocation Premises for Tenant’s occupancy, which plans shall be submitted to Landlord for approval by Landlord’s architect its approval. Such submittal will include 1 sepia, 5 sets of blueline prints and engineers 3 sets of those specifications not shown on or before June 1, 2012, and Tenant’s Plans shall comply with their requirements to avoid aesthetic or other conflicts with the design and function of the balance of the Buildingdrawings. Landlord’s architect and engineers shall Landlord will respond to any plan submission of Preliminary Plans within ten (10) business days after a submission requesting approval, and if Landlord does not respond within such ten (10) business days, Landlord shall be deemed to have approved such submission. If the submitted materials are not acceptable to Landlord, Landlord will so notify Tenant by returning the sepia with required changes noted. If Landlord so notifies Tenant of any required change to the Preliminary Plans, Tenant will cause the same to be revised according to the returned sepia and resubmitted to Landlord. After Landlord's approval of the Preliminary Plans, Tenant, at its expense, will cause the Construction Documents to be prepared and submitted to Landlord for its approval. Such submittal will include 1 sepia, 5 sets of blueline prints, 3 sets of specifications and a complete color board for Tenant's Work. The Construction Documents must substantially conform to the Preliminary Plans approved by Landlord and must be in all respects sufficient for the purpose of obtaining a building permit for Tenaxx'x Xork. Landlord will respond to any submission of Construction Documents within five (5) Business Days business days after Landlord’s receipt thereof. In the event Landlord’s architect’s or engineers’ approval of Tenant’s Plans is withheld or conditioned a submission requesting approval, and if Landlord does not respond within such five (and such approval shall not be unreasonably withheld or conditioned)5) business days, Landlord shall send written notification thereof be deemed to have approved such submission. If the submitted materials are not acceptable to Landlord, Landlord will so notify Tenant and include by returning the proposed Construction Documents with required changes noted. If Landlord so notifies Tenant of any required changes to the proposed Construction Documents, Tenant will cause the Construction Documents to be resubmitted to Landlord for its approval. Tenaxx'x Xork will not commence prior to Landlord's approval of the Construction Documents. Within thirty (30) days after completion of each portion of Tenant's Work, Tenant will provide Landlord a reasonably detailed statement identifying complete set of reproducible as-built plans of applicable portion of the reasons for Premises. If Tenant fails to provide such refusal or conditionplans, and Tenant shall have the plans revised by its architect to incorporate all reasonable objections and conditions presented by Landlord and shall resubmit does not cure such plans to Landlord failure within ten (10) days after receipt written notice from Landlord, Landlord may obtain them, directly or by field verification, and charge Tenant for all costs incurred by Landxxxx xx doing so. No approval by Landlord of Landlord’s notice the Preliminary Plans, the Construction Documents or any revisions to them will constitute a representation or warranty by Landlord as to the adequacy or sufficiency of disapproval. Such process shall be followed until such plans, or the plans shall have been approved by the Landlord’s architect and engineer without unreasonable objection improvements to which they relate, for any use, purpose or condition, except that after but such approval will merely be the initial five-(5)-Business-day period, any further submissions/resubmissions shall be made within three (3) Business Days. If consent of Landlord fails to respond to submitted plans within the applicable period set forth above, then the September 10, 2012, date set forth construction or installation of improvements in the table incorporated in Section III.A below shall be extended on a day-for-day basis for each day that any Premises according to such failure continues. Without limiting the foregoing, Tenant shall be responsible for all elements of the design of Tenant’s plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Relocation Premises and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval of Tenant’s Plans shall in no event relieve Tenant of the responsibility for such design. Tenant shall be solely responsible for the timely preparation and submission of all such Tenant Plans and for all elements of the design of such Tenant’s Plans and for all costs related thereto. (The word “architect” as used in this Section II (C) shall include an interior designer or space plannerplans.)
Appears in 1 contract
Tenant’s Plans. Tenant shall have prepared, not later than the times set forth in Paragraph C of Exhibit “E” hereto, and shall deliver to Landlord for its approval (which shall not be solely responsible unreasonably withheld) one mylar and two blackline prints of the complete and final descriptive information and drawings described in Paragraph C of Exhibit “E” hereto and three (3) copies of the specifications, prepared by such space planner (“Tenant’s Layout Plans”) for the preparation construction and finishing of the final architecturalBuilding for Tenant’s occupancy. Tenant’s plans shall be signed and sealed by an architect licensed by and registered in the Commonwealth of Pennsylvania. Tenant’s Layout Plans shall conform to the plans and specifications heretofore submitted by Landlord to Tenant and applicable laws and requirements of public authorities and shall designate, among other things, the locations of and specifications for all plumbing, electrical and mechanical construction drawingsequipment to be installed in the Building, plans all partitions, doors, lighting fixtures, electric receptacles and specifications (called “switches, telephone outlets and special air conditioning, floor coverings and other improvements to be installed by Landlord. Tenant’s Plans”) necessary Layout Plans shall be subject to construct the Relocation Premises for TenantLandlord’s occupancyreview and approval, which plans approval shall not be unreasonably withheld, and shall be submitted deemed modified to Landlord for approval take account of any changes reasonably required by Landlord’s architect and engineers on or before June 1, 2012, and Tenant’s Plans . The Landlord shall comply with their requirements to avoid aesthetic or other conflicts with the design and function of the balance of the Building. Landlord’s architect and engineers shall respond to any plan submission by advise Tenant within five (5) Business Days after Landlord’s business days of its receipt thereof. In the event Landlord’s architect’s or engineers’ approval of Tenant’s Layout Plans is withheld or conditioned (as to whether they are acceptable to Landlord. Concurrently with delivery of Tenant’s Layout Plans to Landlord, Tenant shall by notice to Landlord in writing designate a single individual who Tenant agrees shall be available to meet and such approval shall not be unreasonably withheld or conditioned)consult with Landlord at the Building as Tenant’s representative respecting the matters which are the subject of this Article 8 and who, as between Landlord shall send written notification thereof to Tenant and include a reasonably detailed statement identifying the reasons for such refusal or conditionTenant, and Tenant shall have the power to legally bind Tenant, in making requests for changes, giving approval of plans revised by its architect to incorporate all reasonable objections and conditions presented by Landlord and shall resubmit such plans or work, giving directions to Landlord within ten (10) days after receipt of Landlord’s notice of disapproval. Such process shall be followed until or the plans shall have been approved by the Landlord’s architect and engineer without unreasonable objection or conditionlike, except that after the initial five-(5)-Business-day period, any further submissions/resubmissions shall be made within three (3) Business Days. If Landlord fails to respond to submitted plans within the applicable period set forth above, then the September 10, 2012, date set forth in the table incorporated in Section III.A below shall be extended on a day-for-day basis for each day that any such failure continues. Without limiting the foregoing, Tenant shall be responsible for all elements of the design of Tenant’s plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Relocation Premises and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval of Tenant’s Plans shall in no event relieve Tenant of the responsibility for such design. Tenant shall be solely responsible for the timely preparation and submission of all such Tenant Plans and for all elements of the design of such Tenant’s Plans and for all costs related thereto. (The word “architect” as used in under this Section II (C) shall include an interior designer or space plannerArticle 8.)
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Tenant’s Plans. If Tenant's Preliminary Plans are not acceptable to Landlord, Landlord will so notify Tenant shall be solely responsible for the preparation of the final architectural, electrical and mechanical construction drawings, plans and specifications (called “Tenant’s Plans”) necessary to construct the Relocation Premises for Tenant’s occupancy, which plans shall be submitted to Landlord for approval by Landlord’s architect and engineers on or before June 1, 2012, and Tenant’s Plans shall comply in writing with their requirements to avoid aesthetic or other conflicts with the design and function of the balance of the Building. Landlord’s architect and engineers shall respond to any plan submission by Tenant required changes noted within five (5) Business Days after business days of receipt of Preliminary Plans by Landlord’s receipt thereof. In If Landlord so notifies Tenant of any required change to the event Landlord’s architect’s or engineers’ approval of Tenant’s Plans is withheld or conditioned (Preliminary Plans, Tenant will cause the same to be revised and such approval shall not be unreasonably withheld or conditioned), Landlord shall send written notification thereof to Tenant and include a reasonably detailed statement identifying the reasons for such refusal or condition, and Tenant shall have the plans revised by its architect to incorporate all reasonable objections and conditions presented by Landlord and shall resubmit such plans resubmitted to Landlord within ten (10) 7 days after receipt of such notice. As soon as reasonably possible after Landlord notifies Tenant of Landlord’s notice 's approval of disapprovalthe Preliminary Plans, Tenant, at its expense, will cause the Construction Documents to be prepared and submitted to Landlord for its approval. Such process shall be followed until The Construction Documents must strictly conform to the plans shall have been Preliminary Plans approved by Landlord and must be in all respects sufficient for the purpose of obtaining a building permit for Tenant Improvements. If required by Landlord’s architect and engineer without unreasonable objection or condition, except that Tenant will cause the Construction Documents to be resubmitted to Landlord for its approval within seven (7) days after Landlord notifies Tenant of any required changes. Tenant Improvements will not commence prior to Landlord's approval of the initial five-(5)-Business-day period, any further submissions/resubmissions shall be made within three (3) Business DaysConstruction Documents. If Landlord fails to respond deliver to submitted plans Tenant Landlord's written approval or its written request for revisions within five (5) business days after Landlord receives any submittal by Tenant of Preliminary Plans, Construction Documents or any required revisions to them, Tenant will receive a credit against Base Rent beginning on the applicable period set forth above, then the September 10, 2012, date set forth in the table incorporated in Section III.A below shall be extended on a Commencement Date equal to one day-for-day basis 's Base Rent for each day that any such failure continuessubsequent to the 5th business day after Tenant's submittal until the day of Landlord's response. Without limiting Except as provided in Paragraph 2 of this Work Letter, no delays in the foregoingdesign or performance of Tenant Improvements will change the Start Date or the Commencement Date. Upon completion of Tenant Improvements, Tenant shall be responsible for all elements will provide Landlord a complete set of reproducible as-built plans of the design of Tenant’s plans (includingPremises. If Tenant fails to provide such plans, without limitationLandlord may obtain them, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Relocation Premises and the placement of Tenant’s furniture, appliances and equipment)directly or by field verification, and Landlord’s approval of Tenant’s Plans shall in no event relieve charge Tenant of the responsibility for such design. Tenant shall be solely responsible for the timely preparation and submission of all such Tenant Plans and for all elements of the design of such Tenant’s Plans and for all costs related theretoincurred by Landlord in doing so. (The word “architect” No approval by Landlord of the Preliminary Plans, the Construction Documents or any revisions to them will constitute a representation or warranty by Landlord as used to the adequacy or sufficiency of such plans, or the improvements to which they relate, for any use, purpose or condition, but such approval will merely be the consent of Landlord to the construction or installation of improvements in this Section II (C) shall include an interior designer or space plannerthe Premises according to such plans.)
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Samples: Office Lease Agreement (Xanodyne Pharmaceuticals Inc)
Tenant’s Plans. Notwithstanding the foregoing, Tenant and its contractors shall be solely responsible for not have the preparation right to perform Tenant’s Work in the Premises unless and until Tenant has complied with all of the terms and conditions of Article IX of the Lease, including, without limitation, approval by Landlord of the final architectural, electrical and mechanical construction drawings, plans and specifications for Tenant’s Work (called “Tenant’s Plans”) necessary and the architect and contractors to construct be retained by Tenant to perform such Tenant’s Work. In the Relocation Premises event of any conflict between this Exhibit 2.1 and the provisions of Article IX, with respect to Tenant’s Work, the provisions of this Exhibit 2.1 shall control. Tenant shall submit to Landlord for Landlord’s approval an initial set of plans, progress plans from time to time, and a full set of construction plans for Tenant’s occupancy, which plans shall be submitted to Landlord for approval by LandlordWork. Tenant’s architect and engineers on or before June 1, 2012, Work and Tenant’s Plans shall comply with their the requirements to avoid aesthetic or other conflicts with the design and function of the balance of the Buildingthis Lease, including, without limitation Exhibit 2.1-4. Landlord’s architect and engineers shall respond to any plan submission by Tenant within five (5) Business Days after Landlord’s receipt thereof. In the event Landlord’s architect’s or engineers’ approval of Tenant’s Plans is withheld or conditioned (and such approval shall not be unreasonably withheld or conditioned), Landlord shall send written notification thereof to Tenant and include a reasonably detailed statement identifying the reasons for such refusal or condition, and Tenant shall have the plans revised by its architect to incorporate all reasonable objections and conditions presented by Landlord and shall resubmit such plans to Landlord within ten (10) days after receipt of Landlord’s notice of disapproval. Such process shall be followed until the plans shall have been approved by the Landlord’s architect and engineer without unreasonable objection or condition, except that after the initial five-(5)-Business-day period, any further submissions/resubmissions shall be made within three (3) Business Days. If Landlord fails to respond to submitted plans within the applicable period set forth above, then the September 10, 2012, date set forth in the table incorporated in Section III.A below shall be extended on a day-for-day basis for each day that any such failure continues. Without limiting the foregoing, Tenant shall be responsible for all elements of the design of Tenant’s plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Relocation Premises and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval of Tenant’s Plans plans shall in no event relieve Tenant of the responsibility for such design. Landlord assumes no responsibility or liability whatsoever to Tenant or to any other person or entity for the suitability of the Plans for their intended purpose or compliance with applicable Legal Requirements. Unless otherwise expressly agreed to by Landlord in writing, Tenant’s plans shall be consistent with the Building’s standards for leasehold improvements. Provided that Tenant’s Plans contain at least the information required by, and conform to the requirements of Exhibit 2.1-4, Landlord’s approval of the Plans shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Landlord may grant or withhold its consent in its sole discretion to Tenant’s Plans for Tenant’s Work that adversely impact or affect the Building exterior, structure, roof or base building systems or the design aesthetics of the Building. No material changes shall be made to Tenant’s Plans approved by Landlord without Landlord’s prior written consent. Landlord agrees to review and provide comments on the layout contained in the design development set of Plans within ten (10) business days of receipt, unless additional third party review of structural or mechanical, electrical or plumbing systems is reasonably required, in which event the time period for review of those elements shall be reasonably extended. If Landlord reasonably disapproves of such layout, then Tenant shall be solely responsible for promptly have the timely preparation design development Plans revised by its architect to incorporate all objections and submission of all conditions presented by Landlord and shall resubmit such Tenant Plans and for all elements plans to Landlord. Upon approval of the design of such Tenant’s development Plans, Tenant shall prepare construction level Plans and for Landlord agrees to review and provide comments on such Plans within ten (10) business days of receipt. If Landlord disapproves of any Plans, then Tenant shall promptly have the Plans revised by its architect to incorporate all costs related theretoobjections and conditions presented by Landlord and shall resubmit such plans to Landlord. (The word “architect” as used in this Section II (C) Such process shall include an interior designer be followed until the Plans shall have been approved by Landlord without objection or space plannercondition.)
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Samples: Transportation Access Plan Agreement (CarGurus, Inc.)
Tenant’s Plans. If Tenant's Preliminary Plans are not acceptable to Landlord, Landlord will so notify Tenant shall with required changes noted. If Landlord so notifies Tenant of any required change to the Preliminary Plans, Tenant will cause the same to be solely responsible for the preparation revised and resubmitted to Landlord within 7 days after receipt of such notice. Within 15 days after Landlord notifies Tenant of Landlord's approval of the final architecturalPreliminary Plans, electrical Tenant, at its expense, will cause the Construction Documents to be prepared and mechanical construction drawings, plans and specifications (called “Tenant’s Plans”) necessary to construct the Relocation Premises for Tenant’s occupancy, which plans shall be submitted to Landlord for approval by Landlord’s architect and engineers on or before June 1, 2012, and Tenant’s its approval. The Construction Documents must strictly conform to the Preliminary Plans shall comply with their requirements to avoid aesthetic or other conflicts with the design and function of the balance of the Building. Landlord’s architect and engineers shall respond to any plan submission by Tenant within five (5) Business Days after Landlord’s receipt thereof. In the event Landlord’s architect’s or engineers’ approval of Tenant’s Plans is withheld or conditioned (and such approval shall not be unreasonably withheld or conditioned), Landlord shall send written notification thereof to Tenant and include a reasonably detailed statement identifying the reasons for such refusal or condition, and Tenant shall have the plans revised by its architect to incorporate all reasonable objections and conditions presented approved by Landlord and shall resubmit such plans must be in all respects sufficient for the purpose of obtaining a building permit for Tenant's Work. If required by Landlord, Tenant will cause the Construction Documents to be resubmitted to Landlord for its approval within ten (10) 7 days after receipt Landlord notifies Tenant of any required changes. Tenant's Work will not commence prior to Landlord’s notice 's approval of disapproval. Such process shall be followed until the plans shall have been approved by the Landlord’s architect and engineer without unreasonable objection or condition, except that after the initial five-(5)-Business-day period, any further submissions/resubmissions shall be made within three (3) Business DaysConstruction Documents. If Landlord fails to respond deliver to submitted plans Tenant Landlord's written approval or its written request for revisions within five business days 15 days after Landlord receives any submittal by Tenant of Preliminary Plans, Construction Documents or any required revisions to them, Tenant will receive a credit against Base Rent beginning on the applicable period set forth above, then the September 10, 2012, date set forth in the table incorporated in Section III.A below shall be extended on a Commencement Date equal to one day-for-day basis 's Base Rent for each day that any such failure continuessubsequent to the fifth business day 15th day after Tenant's submittal until the day of Landlord's response. Without limiting the foregoingExcept as provided in Paragraph 2 above, Tenant shall be responsible for all elements of the design of Tenant’s plans (including, without limitation, compliance with law, functionality of design, the structural integrity of no delays in the design, or performance of Tenant's Work will change the configuration Start Date or the Commencement Date. Upon completion of Tenant's Work, Tenant will provide Landlord a complete set of reproducible as-built plans of the Relocation Premises and the placement of Tenant’s furniturePremises. If Tenant fails to provide such plans, appliances and equipment)Landlord may obtain them, directly or by field verification, and Landlord’s approval of Tenant’s Plans shall in no event relieve charge Tenant of the responsibility for such design. Tenant shall be solely responsible for the timely preparation and submission of all such Tenant Plans and for all elements of the design of such Tenant’s Plans and for all costs related theretoincurred by Landlord in doing so. (The word “architect” No approval by Landlord of the Preliminary Plans, the Construction Documents or any revisions to them will constitute a representation or warranty by Landlord as used to the adequacy or sufficiency of such plans, or the improvements to which they relate, for any use, purpose or condition, but such approval will merely be the consent of Landlord to the construction or installation of improvements in this Section II (C) shall include an interior designer or space plannerthe Premises according to such plans.)
Appears in 1 contract
Samples: Office Lease Agreement (Xanodyne Pharmaceuticals Inc)
Tenant’s Plans. Tenant shall be solely responsible for the preparation provide, at Tenant's sole cost and expense, all of the final architecturalplans, specifications and drawings necessary to design and construct Tenant's Work, including all required mechanical, electrical and mechanical construction plumbing drawings, plans the location and specifications installation of all equipment, risers, disconnects, ducts, utility and HVAC distribution, and other Tenant installations (called “collectively, the "Tenant’s 's Plans”) necessary to construct "). Notwithstanding the Relocation Premises foregoing, Landlord shall provide at Landlord's expense, the test-fit drawings for Tenant’s occupancy, which plans the non-lab portion of the Third Floor Premises. All such drawings shall be submitted to Landlord for approval prepared by Landlord's space planner (the “Space Planner") at Landlord's sole cost and expense. Tenant's Plans shall be prepared by Tenant and shall be subject to the prior written approval of Landlord. Landlord’s architect review of Tenant's Plans shall not impose any obligation or liability on Landlord, its agents or representatives. and Landlord's approval of Tenant's Plans shall not serve as a representation or warranty as to the accuracy of Tenant's Plans or as to compliance with any laws. codes, regulations or ordinances. Landlord shall approve Tenant's Plans prior to Tenant commencing any of Tenant's Work. (b) Tenant's Work shall be performed. at Tenant's sole cost and expense, by a bona fide union general contractor and bona fide union subcontractors, architects and engineers on or before June 1, 2012selected by Tenant. Landlord shall have the right to approve all contractors and subcontractors, and the performance of Tenant’s Plans 's Work, and all such contractors and subcontractors performing such work, shall comply in all respects with their requirements all applicable laws, codes and regulations and with the terms of this Paragraph 29 and the terms of Paragraph 12 of the Original Lease, Tenant's Plans. and with the rules and regulations attached to avoid aesthetic the Lease; provided, however, that Landlord will not unreasonably withhold approval of said contractors and subcontractors if proof of proper licensure and insurance is demonstrated to Landlord. Tenant's Work shall not interfere with or affect the common areas or structural components of the Building or any building or any building mechanical systems, HVAC, electrical, plumbing, gas, plumbing, elevator or other conflicts with the design building operating systems serving other tenants and function of the balance occupants of the Building. Landlord’s architect and engineers Tenant shall respond perform or cause to any plan submission by Tenant within five (5) Business Days after Landlord’s receipt thereof. In the event Landlord’s architect’s or engineers’ approval of be performed Tenant’s Plans is withheld or conditioned (and such approval 's Work in a manner which shall not interfere with or interrupt the business operations or premises of other tenants in the Building, except as may be unreasonably withheld or conditioned), Landlord shall send written notification thereof to Tenant and include a reasonably detailed statement identifying the reasons for such refusal or condition, and approved by Landlord. Tenant shall have the plans revised by its architect to incorporate all reasonable objections and conditions presented by Landlord and shall resubmit such plans to Landlord commence Tenant's Work within ten (10) days after receipt of following Landlord’s notice of disapproval. Such process shall be followed until the plans shall have been approved by the Landlord’s architect and engineer without unreasonable objection or condition, except that after the initial five-(5)-Business-day period, any further submissions/resubmissions shall be made within three (3) Business Days. If Landlord fails to respond to submitted plans within the applicable period set forth above, then the September 10, 2012, date set forth in the table incorporated in Section III.A below shall be extended on a day-for-day basis for each day that any such failure continues. Without limiting the foregoing, Tenant shall be responsible for all elements of the design of Tenant’s plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Relocation Premises and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s 's written approval of Tenant’s 's Plans shall in no event relieve Tenant therefor. All of the responsibility for such design. Tenant cost and expense of Tenant's Work and other matters relating to work and/or installations to be made at the Premises shall be solely responsible borne by Tenant. (c) Notwithstanding anything to the contrary in the forgoing, Landlord shall provide construction administration services for the timely preparation non-lab portion of Tenant's Work, subject to a separate statement of work, as approved by Landlord and submission of all such Tenant Plans and for all elements of the design of such Tenant’s Plans and for all costs related thereto. (The word “architect” as used in this Section II (C) shall include an interior designer or space planner.)
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Tenant’s Plans. Tenant shall be solely responsible for the preparation Within 10 Business Days after receipt of the final architectural, electrical and mechanical construction drawings, plans and specifications (called “Tenant’s Plans”) necessary to construct the Relocation Premises for , Landlord shall review and either approve or disapprove Tenant’s occupancy, which plans shall be submitted to Plans. If Landlord for approval by Landlord’s architect and engineers on or before June 1, 2012, and disapproves Tenant’s Plans Plans, or any portion thereof, Landlord shall comply with their requirements to avoid aesthetic or other conflicts with the design notify Tenant thereof and function of the balance of the Buildingrevisions Landlord requires before Landlord will approve Tenant’s Plans. Landlord’s architect and engineers shall respond to any plan submission by Tenant within five (5) Within 10 Business Days after Landlord’s receipt thereof. In the event notice, Tenant shall submit to Landlord, for Landlord’s architectreview and approval, plans and specifications incorporating the required revisions. The final plans and specifications approved by Landlord are hereinafter referred to as the “Approved Construction Documents”. Tenant will employ experienced, licensed contractors, architects, engineers and other consultants, approved by Landlord, to install the Tenant Improvements and will require in the applicable contracts that such parties (a) carry insurance in such amounts and types of coverages as are reasonably required by Landlord, and (b) design and install the Tenant Improvements in a good and workmanlike manner and in compliance with all Laws. Unless otherwise agreed to in writing by Landlord and Tenant, all work involved in the construction and installation of the Tenant Improvements shall be carried out by Tenant’s contractors under the sole direction of Tenant, in compliance with all Laws and Regulations and in such a manner so as not to unreasonably interfere with or engineers’ disturb the operations, business and use and enjoyment of the Property by Landlord or the structural calculations for imposed loads. Tenant shall obtain from its contractors and provide to Landlord a list of all subcontractors providing labor or materials in connection with any portion of the Tenant Improvements prior to commencement of the installation of the Tenant Improvements. Tenant warrants that the design, construction and installation of the Tenant Improvements shall conform to the requirements of all applicable Laws, including building, plumbing and electrical codes and the requirements of any authority having jurisdiction over, or with respect to, such Tenant Improvements. Landlord’s failure to provide Landlord’s approval or disapproval of Tenant’s Plans is withheld or conditioned (and such approval shall not be unreasonably withheld or conditioned), Landlord shall send written notification the applicable revision thereof to Tenant and include a reasonably detailed statement identifying by the reasons for such refusal or condition, and Tenant shall have the plans revised by its architect to incorporate all reasonable objections and conditions presented by Landlord and shall resubmit such plans to Landlord within ten (10) days after receipt of Landlord’s notice of disapproval. Such process time specified in this section shall be followed until the plans shall have been approved by the Landlord’s architect and engineer without unreasonable objection or condition, except that after the initial five-(5)-Business-day period, any further submissions/resubmissions shall be made within three (3) Business Days. If Landlord fails to respond to submitted plans within the applicable period set forth above, then the September 10, 2012, date set forth in the table incorporated in Section III.A below shall be extended on a day-for-day basis for each day that any such failure continues. Without limiting the foregoing, Tenant shall be responsible for all elements of the design of Tenant’s plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Relocation Premises and the placement of Tenant’s furniture, appliances and equipment), and deemed Landlord’s approval of Tenant’s Plans shall in no event relieve Tenant of the responsibility for such design. Tenant shall be solely responsible for the timely preparation and submission of all such Tenant Plans and for all elements of the design of such Tenant’s Plans and for all costs related thereto. (The word “architect” as used in this Section II (C) shall include an interior designer or space plannerapplicable revision thereof.)
Appears in 1 contract
Tenant’s Plans. Tenant shall be solely responsible for In connection with the preparation performance of the final architectural, electrical and mechanical construction drawings, plans and specifications (called “Tenant’s Plans”) work necessary to construct prepare the Relocation Premises for Tenant’s occupancyinitial occupancy and business operations, which plans including without limitation, the installation of all furniture and fixtures (“Tenant’s Work”), (A) Tenant has submitted to Landlord, and Landlord has approved, a preliminary description of certain aspects of Tenant’s Work attached hereto as Exhibit 4E (“Tenant’s Program”), and (B) Tenant shall be submitted submit to Landlord for approval by Landlord’s architect approval (i) the name of and other reasonably requested information regarding Xxxxxx’s proposed architect, licensed structural engineer, HVAC and MEP engineers on or before June 1and general contractor; (ii) its schematic plans for Tenant’s Work (the “Schematic Plans”), 2012its initial set of permit plans sufficient to permit Tenant to commence Xxxxxx’s Work (“Permit Plans”), and a full set of construction drawings (“Final Tenant’s Work Construction Drawings”) for Tenant’s Work, all in accordance with the Tenant’s Work Design Schedule attached hereto as Exhibit 4F. If Tenant is delayed in the delivery of the foregoing plans by reason of a Landlord Delay, the applicable dates shall be extended by the period of time which Tenant is so delayed. The Schematic Plans, the Permit Plans and the Final Tenant’s Work Construction Drawings are collectively referred to herein as the “Plans.” Xxxxxxxx’s approval of the architect, HVAC and MEP engineers and general contractor shall not be unreasonably withheld, conditioned or delayed. Landlord acknowledges that the architect, HVAC and MEP engineers and general contractor listed on Exhibit 4D attached hereto are hereby approved. Xxxxxxxx’s approval of the Plans shall comply with their requirements not be unreasonably withheld, conditioned or delayed. Xxxxxxxx’s approval is solely given for the benefit of Landlord and Tenant under this Section 3.3(a) and neither Tenant nor any third party shall have the right to avoid aesthetic or other conflicts with the design and function rely upon Landlord’s approval of the balance of the BuildingPlans for any other purpose whatsoever. Landlord’s architect and engineers shall Xxxxxxxx agrees to respond to any plan submission by Tenant request for approval of the Plans within five (5) Business Days after Landlord’s receipt thereof. In the event Landlord’s architect’s or engineers’ approval of Tenant’s Plans is withheld or conditioned (and such approval shall not be unreasonably withheld or conditioned), Landlord shall send written notification thereof to Tenant and include a reasonably detailed statement identifying the reasons for such refusal or condition, and Tenant shall have the plans revised by its architect to incorporate all reasonable objections and conditions presented by Landlord and shall resubmit such plans to Landlord within ten (10) business days after receipt thereof and to respond to any re-submitted request for approval of Landlord’s notice the Plans following initial submittal of disapproval. Such process shall be followed until the plans shall have been approved by the Landlord’s architect and engineer without unreasonable objection or condition, except that after the initial five-(5)-Business-day period, any further submissions/resubmissions shall be made same within three (3) Business Daysbusiness days after receipt thereof. If Landlord fails to respond to submitted plans within shall cooperate with Tenant, at Tenant’s sole cost and expense, in connection with Tenant’s application for any state or municipal permits or approvals required in connection with the applicable period set forth abovedesign, then the September 10, 2012, date set forth in the table incorporated in Section III.A below shall be extended on a day-for-day basis for each day that any such failure continues. Without limiting the foregoing, Tenant shall be responsible for all elements of the design construction or maintenance of Tenant’s plans (includingWork, without limitationincluding signing applications therefor to the extent required of building or property owners; provided, compliance with lawhowever, functionality of design, the structural integrity of the design, the configuration of the Relocation Premises and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval of Tenant’s Plans shall in no event relieve shall Tenant apply for any special permits or variances from the City of the responsibility Framingham without Landlord’s approval, not to be unreasonably withheld, conditioned or delayed, it being understood and agreed that in no event shall any special permit or variance for such design. which Tenant shall be solely responsible for the timely preparation and submission of all such Tenant Plans and for all elements of the design of such Tenant’s Plans and for all costs related thereto. (The word “architect” as used applies impose any conditions on Landlord unless approved by Landlord in this Section II (C) shall include an interior designer or space plannerits sole discretion.)
Appears in 1 contract
Tenant’s Plans. Tenant shall have prepared, using a space planner designated by Tenant, at Tenant's expense, and shall deliver to Landlord for its approval (which shall not be solely responsible unreasonably withheld) one mylar and two blackline prints of the complete and final descriptive information and drawings described in Paragraph E 1 of Exhibit "E" hereto and three (3) copies of the specifications, prepared by such space planner ("Tenant's Layout Plans") for the preparation construction and finishing of the final architecturalPremises for Tenant's occupancy. Tenant's plans shall be signed and sealed by an architect licensed by and registered in the Commonwealth of Pennsylvania. Tenant's Layout Plans shall conform to the plans and specifications heretofore submitted by Tenant and applicable laws and requirements of public authorities and shall designate, among other things, the locations of and specifications for all plumbing, electrical and mechanical construction drawingsequipment to be installed in the Premises, plans all partitions, doors, lighting fixtures, electric receptacles and specifications (called “switches, telephone outlets and special air conditioning, floor coverings and other improvements to be installed by Landlord. Tenant’s Plans”) necessary 's Layout Plans shall be subject to construct the Relocation Premises for Tenant’s occupancyLandlord's review and approval, which plans shall be submitted to Landlord for approval by Landlord’s architect and engineers on or before June 1, 2012, and Tenant’s Plans shall comply with their requirements to avoid aesthetic or other conflicts with the design and function of the balance of the Building. Landlord’s architect and engineers shall respond to any plan submission by Tenant within five (5) Business Days after Landlord’s receipt thereof. In the event Landlord’s architect’s or engineers’ approval of Tenant’s Plans is withheld or conditioned (and such approval shall not be unreasonably withheld or conditioned), Landlord shall send written notification thereof to Tenant and include a reasonably detailed statement identifying the reasons for such refusal or conditionwithheld, and shall be deemed modified to take account of any changes reasonably required by Landlord. Concurrently with delivery of Tenant's Layout Plans to Landlord, Tenant shall by notice to Landlord in writing designate a single individual who Tenant agrees shall be available to meet and consult with Landlord at the Premises as Tenant's representative respecting the matters which are the subject of this Article 8 and who, as between Landlord and Tenant, shall have the power to legally bind Tenant, in making requests for changes, giving approval of plans revised by its architect to incorporate all reasonable objections and conditions presented by Landlord and shall resubmit such plans or work, giving directions to Landlord within ten (10) days after receipt of Landlord’s notice of disapproval. Such process shall be followed until or the plans shall have been approved by the Landlord’s architect and engineer without unreasonable objection or conditionlike, except that after the initial five-(5)-Business-day period, any further submissions/resubmissions shall be made within three (3) Business Days. If Landlord fails to respond to submitted plans within the applicable period set forth above, then the September 10, 2012, date set forth in the table incorporated in Section III.A below shall be extended on a day-for-day basis for each day that any such failure continues. Without limiting the foregoing, Tenant shall be responsible for all elements of the design of Tenant’s plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Relocation Premises and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval of Tenant’s Plans shall in no event relieve Tenant of the responsibility for such design. Tenant shall be solely responsible for the timely preparation and submission of all such Tenant Plans and for all elements of the design of such Tenant’s Plans and for all costs related thereto. (The word “architect” as used in under this Section II (C) shall include an interior designer or space plannerArticle 8.)
Appears in 1 contract
Samples: Agreement (Traffic.com, Inc.)
Tenant’s Plans. Landlord approves Tenant’s use of the architectural firm known as Exxxxxx-Xxxxxxxx (“Tenant’s Architect”). On of before April 1, 1999 Tenant shall submit preliminary plans and specifications including specifications for finishes for Tenant’s proposed tenant improvements (“Preliminary Plans”). Landlord shall have three (3) business days to review and comment upon, or approve, Tenant’s Preliminary Plans, and Landlord’s approval shall not be solely responsible for reasonably withheld or delayed so long as Tenant’s Preliminary Plans are consistent with the Basic Standards as defined below. As part of Landlord’s review of Tenant’s Preliminary Plans, Landlord will notify Tenant of those items, if any, which are “long lead time” items (i.e., items which cannot reasonably be delivered to the job site early enough to maintain the approved construction schedule without substantial overtime work), specifying in such notice the delay in Substantial Completion of the Premises which will be caused by selection of such items (“Long Lead Time Items”), so long as Tenant’s Preliminary Plans specify sufficient detail (e.g., finishes, materials, etc.) to allow Landlord to make such determination. Thereafter, in the preparation of the final architecturalTenant’s Plans, electrical and mechanical construction drawingsTenant shall have the right to replace such Long Lead Time Items with other specified items that would not be considered Long Lead Time Items. On or before Tenant’s Plan Delivery Date, as specified in the Basic Lease Information, Tenant shall submit plans and specifications for Tenant’s proposed tenant improvements within the Premises consistent with Tenant’s Preliminary Plans as approved by Landlord (called “Tenant’s Plans”) necessary to construct the Relocation Premises for Tenant’s occupancy, which plans shall be submitted to Landlord for approval by Landlord’s architect and engineers on or before June 1, 2012, and ). Tenant’s Plans shall comply with their requirements include all such information required to avoid aesthetic or other conflicts with the design and function of the balance of the Building. prepare construction drawings sufficient to allow Landlord’s architect contractor to bid and engineers construct said improvements, including but not limited to those items in Exhibit B-2, “Minimum Information Required.” Such plans shall respond be subject to any plan submission by Tenant within five (5) Business Days after Landlord’s receipt thereof. In the event Landlord’s architect’s or engineers’ approval of Tenant’s Plans is withheld or conditioned (and such approval approval, which shall not be unreasonably withheld or conditionedso long as the tenant improvements contemplated therein are generally generic with drop ceilings throughout, perimeter private offices around at least 25% of the perimeter of the floor plate, and otherwise reasonably comparable to the improvements existing at Tenant’s existing premises at 1000 Xxxxxx Xxxxxxx (“Basic Standards”). Landlord’s contractor shall prepare complete mechanical, Landlord shall send written notification thereof electrical, plumbing, and other engineering plans for the installation of the heating, ventilating, air conditioning, electrical and plumbing to Tenant be installed in the Premises, on a design/build basis, and include a reasonably detailed statement identifying the reasons costs charged by Landlord’s contractor for such refusal or condition, and Tenant services shall have be included in the plans revised scope of work by its architect to incorporate all reasonable objections and conditions presented by Landlord and shall resubmit such plans to Landlord within ten (10) days after receipt of Landlord’s notice of disapprovalcontractor for the Tenant Improvements and in the cost estimate described in paragraph 5 below. Such process The engineering fees for plumbing and fire sprinkler work shall be followed until the plans shall have been approved by the competitively bid as design/build with engineered drawings to be included in Landlord’s architect and engineer without unreasonable objection or condition, except that after the initial five-(5)-Business-day period, any further submissions/resubmissions shall be made within three (3) Business Days. If Landlord fails to respond to submitted plans within the applicable period set forth above, then the September 10, 2012, date set forth in the table incorporated in Section III.A below shall be extended on a day-for-day basis for each day that any such failure continues. Without limiting the foregoing, Tenant shall be responsible for all elements contractor’s scope of the design of Tenant’s plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Relocation Premises and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval of Tenant’s Plans shall in no event relieve Tenant of the responsibility for such design. Tenant shall be solely responsible work for the timely preparation and submission of all such Tenant Plans and for all elements of the design of such Tenant’s Plans and for all costs related thereto. (The word “architect” as used in this Section II (C) shall include an interior designer or space plannerImprovements.)
Appears in 1 contract
Samples: Lease Agreement (DemandTec, Inc.)
Tenant’s Plans. In connection with the performance of the Second Amendment Work, including without limitation, the installation of all furniture and fixtures, Tenant shall be solely responsible for the preparation of the final architectural, electrical and mechanical construction drawings, plans and specifications (called “Tenant’s Plans”) necessary to construct the Relocation Premises for Tenant’s occupancy, which plans shall be submitted submit to Landlord for approval by Landlord’s architect approval: (i) the names of and engineers on or before June 1other reasonably requested information regarding Tenant’s proposed architect, 2012general contractor, and subcontractors; (ii) a set of design/development plans sufficient for Landlord to approve Tenant’s proposed design of the Premises (the “Design/Development Plans”), and (iii) a full set of construction drawings (“Final Construction Drawings”) for the Second Amendment Work. The Design/Development Plans shall and the Final Construction Drawings are collectively referred to herein as the “Plans”. Landlord agrees that it will not unreasonably withhold such approvals, subject to the following: (x) the Design/Design Development Plans and Final Construction Drawings are consistent with the Scope of Work and comply with their Landlord’s requirements to avoid aesthetic or other conflicts with the design and function of the balance of the BuildingBuilding and the Property, and (y) in the event that any portions of the Second Amendment Work affects the structure, roof, and/or Building systems, Landlord shall have the right to require Tenant to engage engineers and subcontractors, as applicable, designated by Landlord in designing and performing such portions of the Second Amendment Work. Landlord’s architect approval is solely given for the benefit of Landlord and engineers Tenant under this Section 1, and neither Tenant nor any third party shall have the right to rely upon Landlord’s approval of the Plans for any other purpose whatsoever. Landlord agrees to respond to any plan submission by Tenant within five request for approval of the Plans on or before the date seven (57) Business Days after Landlord’s receipt thereof. In , except that with respect to any resubmission of Plans after the event same have been reviewed and commented upon by Landlord’s architect’s or engineers’ approval of Tenant’s Plans is withheld or conditioned (and such approval shall not be unreasonably withheld or conditioned), Landlord shall send written notification thereof respond to Tenant and include a reasonably detailed statement identifying Tenant’s request for approval of such resubmission on or before the reasons for such refusal or condition, and Tenant shall have the plans revised by its architect to incorporate all reasonable objections and conditions presented by Landlord and shall resubmit such plans to Landlord within ten (10) days after receipt of Landlord’s notice of disapproval. Such process shall be followed until the plans shall have been approved by the Landlord’s architect and engineer without unreasonable objection or condition, except that after the initial five-(5)-Business-day period, any further submissions/resubmissions shall be made within date three (3) Business Days. If Landlord fails to respond to submitted plans within the applicable period set forth above, then the September 10, 2012, date set forth in the table incorporated in Section III.A below shall be extended on a day-for-day basis for each day that any such failure continues. Without limiting the foregoing, Tenant shall be responsible for all elements of the design of Tenant’s plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Relocation Premises and the placement of Tenant’s furniture, appliances and equipment), and Days after Landlord’s approval of Tenant’s Plans shall in no event relieve Tenant of the responsibility for such design. Tenant shall be solely responsible for the timely preparation and submission of all such Tenant Plans and for all elements of the design receipt of such Tenant’s resubmission, provided that such resubmission clearly shows any changes to the previous set of Plans and for all costs related thereto. (The word “architect” as used in this Section II (C) shall include an interior designer submitted by Tenant to Landlord by either bubbling or space plannerredlining.)
Appears in 1 contract
Samples: Lease (Histogenics Corp)
Tenant’s Plans. Tenant shall be solely responsible for the preparation of the final architecturalis currently preparing, electrical at its sole cost and mechanical construction drawingsexpense, plans and specifications for the improvements Tenant desires to make in connection with Tenant's occupancy of the Premises (called “the "TENANT'S PLANS"). Tenant’s Plans”) necessary to construct the Relocation Premises for Tenant’s occupancy, which plans 's Plans shall be submitted to Landlord for its approval by Landlord’s architect no later than eight (8) weeks after the date hereof and engineers on the Landlord shall approve or before June 1, 2012, and disapprove of Tenant’s 's Plans shall comply with their requirements to avoid aesthetic or other conflicts with the design and function of the balance of the Building. Landlord’s architect and engineers shall respond to any plan submission by Tenant within within) five (5) Business Days after Landlord’s receipt thereofof receiving them. In Any disapproval by the event Landlord’s architect’s or engineers’ approval Landlord of Tenant’s 's Plans is withheld shall be accompanied by a reasonably specific statement of reasons therefor. At the Tenant's sole cost and expense, the Tenant shall cause the Tenant's Plans to be revised in a manner sufficient to remedy the Landlord's reasonable objections and/or respond to the Landlord's reasonable concerns and for such revised plans to be redelivered to the Landlord, and the Landlord shall either approve or conditioned disapprove the Tenant's revised plans within two (2) Business Days following the date of submission. If the Landlord shall again disapprove Tenant's Plans, the Tenant shall revise such plans and redeliver them to the Landlord pursuant to the prior two sentences until the Tenant's Plans have been approved by the Landlord. The Tenant's Plans shall be stamped by a Massachusetts-registered architect and engineer, such approval architect and engineer being subject to the Landlord's reasonable approval, which shall not be unreasonably withheld or conditioned), Landlord shall send written notification thereof to Tenant and include a reasonably detailed statement identifying the reasons for such refusal or conditiondelayed, and Tenant shall have the plans revised by its architect to incorporate comply with all reasonable objections applicable laws, ordinances and conditions presented by Landlord and shall resubmit such plans to Landlord within ten (10) days after receipt of Landlord’s notice of disapproval. Such process shall be followed until the plans shall have been approved by the Landlord’s architect and engineer without unreasonable objection or condition, except that after the initial five-(5)-Business-day period, any further submissions/resubmissions shall be made within three (3) Business Days. If Landlord fails to respond to submitted plans within the applicable period set forth above, then the September 10, 2012, date set forth in the table incorporated in Section III.A below shall be extended on a day-for-day basis for each day that any such failure continues. Without limiting the foregoing, Tenant shall be responsible for all elements of the design of Tenant’s plans regulations (including, without limitation, compliance with law, functionality of design, the structural integrity applicable requirements of the designAmericans with Disabilities Act of 1990, the configuration of the Relocation Premises and the placement regulations promulgated thereunder) and shall be in a form satisfactory to appropriate governmental authorities responsible for issuing permits, approvals and licenses required for construction. The Landlord will not approve any alterations or additions requiring unusual expense to readapt the Premises to normal office, research and development or laboratory use on termination of Tenant’s furniturethis Lease or increasing the cost of insurance on the Building, appliances unless the Tenant first gives assurances acceptable to the Landlord for payment of such increased cost and equipment), and that such re-adaptation will be made prior to such termination without expense to the Landlord’s . The approval of any Tenant’s Plans shall in no event relieve Tenant of the responsibility for such design. Tenant shall be solely responsible for the timely preparation and submission of all such Tenant Plans and for all elements of the design of such Tenant’s Plans and for all costs related thereto. (The word “architect” as used in this Section II (C) shall include an interior designer or space planner.)'s
Appears in 1 contract
Tenant’s Plans. Landlord approves Tenant's use of the architectural firm known as Ehrlxxx-Xxxxxxxx ("Xenant's Architect"). On or before April 1, 1999 Tenant shall submit preliminary plans and specifications including specifications for finishes for Tenant's proposed tenant improvements ("Preliminary Plans"). Landlord shall have three (3) business days to review and comment upon, or approve, Tenant's Preliminary Plans, and Landlord's approval shall not be solely responsible for reasonably withheld or delayed so long as Tenant's Preliminary Plans are consistent with the Basic Standards as defined below. As part of Landlord's review of Tenant's Preliminary Plans, Landlord will notify Tenant of those items, if any, which are "long lead time" items (i.e., items which cannot reasonably be delivered to the job site early enough to maintain the approved construction schedule without substantial overtime work), specifying in such notice the delay in Substantial Completion of the Premises which will be caused by selection of such items ("Long Lead Time Items"), so long as Tenant's Preliminary Plans specify sufficient detail (e.g., finishes, materials, etc.) to allow Landlord to make such determination. Thereafter, in the preparation of the final architecturalTenant's Plans, electrical and mechanical construction drawingsTenant shall have the right to replace such Long Lead Time Items with other specified items that would not be considered Long Lead Time Items. On or before Tenant's Plan Delivery Date, as specified in the Basic Lease Information, Tenant shall submit plans and specifications (called “Tenant’s Plans”) necessary to construct the Relocation Premises for Tenant’s occupancy's proposed tenant improvements within the Premises consistent with Tenant's Preliminary Plans as approved by Landlord ("Tenant's Plans"). Tenant's Plans shall include all such information required to prepare construction drawings sufficient to allow Landlord's contractor to bid and construct said improvements, which including but not limited to those items in Exhibit B-2, "Minimum Information Required." Such plans shall be submitted subject to Landlord for approval by Landlord’s architect and engineers on or before June 1's approval, 2012, and Tenant’s Plans shall comply with their requirements to avoid aesthetic or other conflicts with the design and function of the balance of the Building. Landlord’s architect and engineers shall respond to any plan submission by Tenant within five (5) Business Days after Landlord’s receipt thereof. In the event Landlord’s architect’s or engineers’ approval of Tenant’s Plans is withheld or conditioned (and such approval which shall not be unreasonably withheld or conditionedso long as the tenant improvements contemplated therein are generally generic with drop ceilings throughout, perimeter private offices around at least 25% of the perimeter of the floor plate, and otherwise reasonably comparable to the improvements existing at Tenant's existing premises at 1000 Xxxxxx Xxxxxxx ("Xasic Standards"). Landlord's contractor shall prepare complete mechanical, Landlord shall send written notification thereof electrical, plumbing, and other engineering plans for the installation of the heating, ventilating, air conditioning, electrical and plumbing to Tenant be installed in the Premises, on a design/build basis, and include a reasonably detailed statement identifying the reasons costs charged by Landlord's contractor for such refusal or condition, and Tenant shall have the plans revised by its architect to incorporate all reasonable objections and conditions presented by Landlord and shall resubmit such plans to Landlord within ten (10) days after receipt of Landlord’s notice of disapproval. Such process services shall be followed until included in the plans shall have been approved scope of work by Landlord's contractor for the Landlord’s architect Tenant Improvements and engineer without unreasonable objection or condition, except that after in the initial five-(5)-Business-day period, any further submissions/resubmissions cost estimate described in paragraph 5 below. The engineering fees for plumbing and fire sprinkler work shall be made within three (3) Business Days. If Landlord fails competitively bid as design/build with engineered drawings to respond to submitted plans within the applicable period set forth above, then the September 10, 2012, date set forth be included in the table incorporated in Section III.A below shall be extended on a day-for-day basis for each day that any such failure continues. Without limiting the foregoing, Tenant shall be responsible for all elements Landlord's contractor's scope of the design of Tenant’s plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Relocation Premises and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval of Tenant’s Plans shall in no event relieve Tenant of the responsibility for such design. Tenant shall be solely responsible work for the timely preparation and submission of all such Tenant Plans and for all elements of the design of such Tenant’s Plans and for all costs related thereto. (The word “architect” as used in this Section II (C) shall include an interior designer or space plannerImprovements.)
Appears in 1 contract
Tenant’s Plans. Tenant shall may currently be solely responsible for preparing or in the preparation future may prepare at any time during the term of the final architecturalLease, electrical at its sole cost and mechanical construction drawingsexpense, plans and specifications for non-structural improvements Tenant desires to make in connection with Tenant's occupancy of the Premises (called “the "Tenant’s 's Plans”) necessary to construct the Relocation Premises for "). If so, Tenant’s occupancy, which plans 's Plans shall be submitted to Landlord for approval by Landlord’s architect and engineers on or before June 1its approval, 2012, and Tenant’s Plans shall comply with their requirements to avoid aesthetic or other conflicts with the design and function of the balance of the Building. Landlord’s architect and engineers shall respond to any plan submission by Tenant within five (5) Business Days after Landlord’s receipt thereof. In the event Landlord’s architect’s or engineers’ approval of Tenant’s Plans is withheld or conditioned (and such which approval shall not be unreasonably withheld or conditioned)delayed, except that under no circumstances shall any proposed plans be approved that involve any structural alterations to the building . At the Tenant's sole cost and expense, the Tenant shall cause the Tenant's Plans to be revised in a manner sufficient to remedy the Landlord's reasonable objections and/or respond to the Landlord's reasonable concerns and for such revised plans to be redelivered to the Landlord, and the Landlord shall send written notification thereof to Tenant and include a reasonably detailed statement identifying either approve or disapprove the reasons for such refusal or conditionTenant's revised plans within five (5) business days following the date of submission. If the Landlord shall again disapprove Tenant's Plans, and the Tenant shall have the plans revised by its architect to incorporate all reasonable objections and conditions presented by Landlord and shall resubmit revise such plans and redeliver them to the Landlord within ten (10) days after receipt of Landlord’s notice of disapproval. Such process shall be followed pursuant to the prior two sentences until the plans shall Tenant's Plans have been approved by the Landlord’s . The Tenant's Plans shall be stamped by a Massachusetts-registered architect and engineer, such architect and engineer without unreasonable objection being subject to the Landlord's reasonable approval, which shall not be unreasonably withheld or conditiondelayed, except that after the initial five-(5)-Business-day periodand shall comply with all applicable laws, any further submissions/resubmissions shall be made within three (3) Business Days. If Landlord fails to respond to submitted plans within the applicable period set forth above, then the September 10, 2012, date set forth in the table incorporated in Section III.A below shall be extended on a day-for-day basis for each day that any such failure continues. Without limiting the foregoing, Tenant shall be responsible for all elements of the design of Tenant’s plans ordinances and regulations (including, without limitation, compliance with law, functionality of design, the structural integrity applicable requirements of the designAmericans with Disabilities Act of 1990, and the configuration regulations promulgated thereunder) and shall be in a form satisfactory to appropriate governmental authorities responsible for issuing permits, approvals and licenses required for construction. The Landlord will not approve any alterations or additions requiring unusual expense to readapt the Premises to normal office, research and development or laboratory use on termination of this Lease or increasing the cost of insurance on the Building, unless the Tenant first gives assurances acceptable to the Landlord for payment of such increased cost and that such re-adaptation will be made prior to such termination without expense to the Landlord. The approval of any Tenant's Plans shall not impose upon the Landlord any responsibility or liability whatsoever to the Tenant. In connection with its approval of the Relocation Tenant's Plans, Landlord reserves the right to require Tenant, at Tenant's expense, to restore the Premises to its original condition and the placement configuration and shall specify in writing those portions of Tenant’s furniture, appliances and equipment), and Landlord’s approval 's work which must be removed at the expiration of the Term of this Lease as part of Tenant’s Plans shall in no event relieve Tenant 's surrender and yield-up of the responsibility for such design. Tenant shall be solely responsible for the timely preparation and submission of all such Tenant Plans and for all elements of the design of such Tenant’s Plans and for all costs related thereto. (The word “architect” as used in this Section II (C) shall include an interior designer or space plannerPremises.)
Appears in 1 contract
Samples: Lease (SBS Technologies Inc)
Tenant’s Plans. Attached hereto as Exhibit A is the demising plan for the New Premises (the “Demising Plan”). As soon as reasonably practicable but not later than ten (10) business days following full execution and delivery of this Amendment, Tenant by its representative with authority to dictate Tenant’s desired plans and specifications, who shall be solely responsible for any of Xxxxxxxxx Xxxxxxx Xxxxxx, General Counsel or Tenant’s Consultant (as defined below) (either of such persons, the preparation of the final architectural, electrical and mechanical construction drawings, plans and specifications (called “Tenant’s PlansRepresentative”) necessary shall meet with an architect designated by Landlord (the “Landlord’s Architect”) for the purpose of Tenant communicating to construct Landlord’s Architect its space and layout requirements within the Relocation Premises for Demising Plan. Tenant’s occupancyspace requirements will be reasonably consistent with a typical office layout and the finishes will be reasonably consistent with the finishes of the Existing Premises. In addition, which plans Tenant’s entrance to the New Premises shall be submitted directly in front of the elevators to achieve maximum elevator identification. Following this meeting, Landlord’s Architect will prepare initial schematic design documents and design development documents (the “Design Documents”) and submit to Tenant’s Representative, Tenant’s Consultant (if any) and Landlord for approval by review and approval, whereupon Landlord, Tenant’s architect and engineers on or before June 1, 2012, Representative and Tenant’s Plans Consultant shall comply with their requirements each provide its comments and feedback concerning the Design Documents to avoid aesthetic or other conflicts with the design and function of the balance of the Building. Landlord’s architect and engineers shall respond to any plan submission by Tenant within five (5) Business Days after Landlord’s receipt thereof. In the event Landlord’s architect’s or engineers’ approval of Tenant’s Plans is withheld or conditioned (and such approval shall not be unreasonably withheld or conditioned), Landlord shall send written notification thereof to Tenant and include a reasonably detailed statement identifying the reasons for such refusal or condition, and Tenant shall have the plans revised by its architect to incorporate all reasonable objections and conditions presented by Landlord and shall resubmit such plans to Landlord Architect within ten (10) business days after following receipt thereof (the parties acknowledging that email delivery of Design Documents is deemed delivery for this purpose). Landlord’s Architect will incorporate each of Landlord’s notice of disapproval. Such process shall be followed until the plans shall have been approved by the Landlord’s architect and engineer without unreasonable objection or condition’s, except that after the initial five-(5)-Business-day period, any further submissions/resubmissions shall be made within three (3) Business Days. If Landlord fails to respond to submitted plans within the applicable period set forth above, then the September 10, 2012, date set forth in the table incorporated in Section III.A below shall be extended on a day-for-day basis for each day that any such failure continues. Without limiting the foregoing, Tenant shall be responsible for all elements of the design of Tenant’s plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Relocation Premises Representative’s and the placement of Tenant’s furnitureConsultant’s feedback (as reasonably and mutually agreed to between the parties) into the Design Documents and will then generate a final set of Design Documents for approval by Tenant’s Representative, appliances Tenant’s Consultant and equipment)Landlord (the “Tenant’s Plans and Specifications”) whereupon Landlord, Tenant’s Representative and LandlordTenant’s approval Consultant shall each provide its feedback or sign off to the Tenant’s Plans and Specifications within ten (10) business days following receipt thereof (the parties acknowledging that email delivery of Tenant’s Plans shall in no event relieve Tenant and Specifications is deemed delivery for this purpose). If Tenant’s Representative and/or Tenant’s Consultant do not timely respond to Landlord’s Architect delivery of the responsibility for such design. Tenant shall be solely responsible for the timely preparation and submission of all such Tenant Plans and for all elements of the design of such either Design Documents or Tenant’s Plans and for all costs related Specifications, then Landlord shall send email notice to Tenant’s Representative and/or Tenant’s Consultant notifying Tenant of its failure to respond, whereupon, Tenant’s Representative and/or Tenant’s Consultant, as applicable, will have five (5) calendar days to submit any comments or feedback to the Landlord’s Architect. If Tenant’s Representative and/or Tenant’s Consultant, as applicable does not respond within such five (5) calendar day period, then Tenant is deemed to have approved the Design Documents and/or Tenant’s Plans and Specifications, as applicable, and shall no longer have any right to comment or approve with respect thereto. (The word “architect” as used in this Section II (C) shall include an interior designer or space planner.)
Appears in 1 contract
Samples: Lease (Travelzoo)
Tenant’s Plans. Tenant shall On or before the Submission Date, Tenant, at its expense, will cause the Preliminary Plans to be solely responsible for the preparation of the final architectural, electrical prepared and mechanical construction drawings, plans and specifications (called “Tenant’s Plans”) necessary to construct the Relocation Premises for Tenant’s occupancy, which plans shall be submitted to Landlord for approval its approval. Such submittal will include one (1) sepia, five (5) sets of blueline prints and three (3) sets of those specifications not shown on the drawings. If the submitted materials are not acceptable to Landlord, Landlord will so notify Tenant by Landlord’s architect and engineers on or before June 1, 2012, and Tenant’s Plans shall comply returning the sepia with their requirements to avoid aesthetic or other conflicts with the design and function of the balance of the Building. Landlord’s architect and engineers shall respond to any plan submission by Tenant required changes noted within five (5) Business Days after Landlord’s business days of receipt thereofof same. In If Landlord so notifies Tenant of any required change to the event Landlord’s architect’s or engineers’ approval of Tenant’s Plans is withheld or conditioned (Preliminary Plans, Tenant will cause the same to be revised according to the returned sepia and such approval shall not be unreasonably withheld or conditioned), Landlord shall send written notification thereof to Tenant and include a reasonably detailed statement identifying the reasons for such refusal or condition, and Tenant shall have the plans revised by its architect to incorporate all reasonable objections and conditions presented by Landlord and shall resubmit such plans resubmitted to Landlord within ten seven (107) days after receipt of such notice. Within fifteen (15) days after Landlord notifies Tenant of Landlord’s notice 's approval of disapprovalthe Preliminary Plans, Tenant, at its expense, will cause the Construction Documents to be prepared and submitted to Landlord for its approval. Such process shall be followed until the plans shall have been approved by the Landlord’s architect and engineer without unreasonable objection or conditionsubmittal will include one sepia, except that after the initial five-(5)-Business-day periodfive (5) sets of blueline prints, any further submissions/resubmissions shall be made within three (3) Business Dayssets of specifications and a complete color and finish board for Tenant's Work. The Construction Documents must strictly conform to the Preliminary Plans approved by Landlord and must be in all respects sufficient for the purpose of obtaining a building permit for Tenant's Work. If the submitted materials are not acceptable to Landlord, Landlord will so notify Tenant by returning the sepia with required changes noted within five (5) business days of receipt of same If required by Landlord, Tenant will cause the Construction Documents to be resubmitted to Landlord for its approval within seven (7) days after Landlord notifies Tenant of any required changes. Tenant's Work will not commence prior to Landlord's approval of the Construction Documents. If the Landlord fails to respond deliver to submitted plans Tenant Landlord's written approval or its written request for revisions within five (5) business days after Landlord receives any required revisions to them, Tenant will receive a credit against Base Rent beginning on the applicable period set forth above, then the September 10, 2012, date set forth in the table incorporated in Section III.A below shall be extended on a Commencement Date equal to one day-for-day basis 's Base Rent for each day that any such failure continuessubsequent to the fifth (5th) business day after Tenant's submittal until the day of Landlord's response. Without limiting Except as provided in Paragraph 2 above, no delays in the foregoingdesign or performance of Tenant's Work will change the Start Date or the Commencement Date. Upon completion of Tenant's Work, Tenant shall be responsible for all elements will provide Landlord a complete set of the design of Tenant’s plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Relocation Premises and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval of Tenant’s Plans shall in no event relieve Tenant of the responsibility for such design. Tenant shall be solely responsible for the timely preparation and submission of all such Tenant Plans and for all elements of the design of such Tenant’s Plans and for all costs related thereto. (The word “architect” as used in this Section II (C) shall include an interior designer or space planner.)reproducible as-built
Appears in 1 contract
Tenant’s Plans. Tenant shall be solely responsible for diligently pursue the preparation of the final architectural, electrical and mechanical all construction drawings, plans and specifications (called “Tenant’s Plans”) necessary to construct the Relocation Premises for Tenant’s occupancyTenant Improvements, which and shall deliver such plans shall be submitted and specifications to Landlord for approval by Landlord’s 's review within ninety (90) days after Landlord has delivered Landlord's Plans. Tenant's architect and and/or engineers on or before June 1shall prepare complete architectural, 2012mechanical, electrical, plumbing, and Tenant’s Plans other plans for the Premises. The space plan and working drawings shall provide for corridors, lobbies, bathrooms, mechanical and electrical systems, and fire exits which are designed to accommodate multi-tenant configurations in the Building (including, without limitation separate metering for utilities), in a design reasonably acceptable to Landlord; provided that Tenant will not be required to build corridors for multi-tenant configurations so long as Tenant does not build hard wall office space in the areas shown as "potential future corridors" on Landlord's Plans. The plans and working drawings also shall comply with their requirements to avoid aesthetic or other conflicts with the design and function of the balance of the Building. Landlord’s architect and engineers shall respond to any plan submission by Tenant within five (5) Business Days after Landlord’s receipt thereof. In the event Landlord’s architect’s or engineers’ approval of Tenant’s Plans is withheld or conditioned (and such approval shall not be unreasonably withheld or conditioned)'s Plans, Landlord shall send written notification thereof to Tenant and include a reasonably detailed statement identifying the reasons for such refusal or condition, and Tenant shall have the plans revised by its architect to incorporate all reasonable objections and conditions presented by Landlord and shall resubmit such plans to Landlord within ten (10) days after receipt of Landlord’s notice of disapproval. Such process shall be followed until the plans shall have been approved by the Landlord’s architect and engineer without unreasonable objection or condition, except that after the initial five-(5)-Business-day period, any further submissions/resubmissions shall be made within three (3) Business Days. If Landlord fails to respond to submitted plans within the applicable period set forth above, then the September 10, 2012, date set forth in the table incorporated in Section III.A below shall be extended on a day-for-day basis for each day that any such failure continues. Without limiting the foregoing, Tenant shall be responsible for all elements of the design of Tenant’s plans (including, without limitation, compliance those elements included therein which are Tenant Improvements hereunder (e.g. roof screens, placement of bathroom cores, elevators, lobbies and mechanical outside air supply ducts). All such plans, drawings and specifications shall be performed by Tenant's architectural services, or another architect mutually acceptable to Landlord and Tenant, and shall be subject to approval by Landlord, in Landlord's sole discretion. Notwithstanding the foregoing sentence, Landlord shall not unreasonably withhold its approval of improvements which comply with lawthe Approved Tenant Plan Guidelines noted in Exhibit "D-2". Promptly following their completion, functionality of design, the structural integrity Tenant shall supply copies of the designspace plans and any other required supporting drawings and specifications, the configuration together with a pallet of the Relocation Premises interior colors and the placement of Tenant’s furniturefinishes, appliances to Landlord for Landlord's review and equipment)approval. Within ten (10) business days after such submission, and Landlord’s approval of Tenant’s Plans Landlord shall in no event relieve Tenant of the responsibility for either approve or disapprove such designitems. Tenant shall make any changes necessary in order to correct any item identified by Landlord as grounds for its disapproval, and shall resubmit the corrected space plan, supporting drawings and specifications and pallet to Landlord within fifteen (15) business days after Landlord's disapproval. Within five (5) business days after Landlord receives the revised items, Landlord shall approve or disapprove them. This procedure shall be solely responsible repeated until the space plan, supporting drawings and specifications and pallet of interior colors and finishes are finally approved by Landlord and written approval has been delivered to Tenant. The plans, drawings, specifications and pallet of interior colors and finishes for the timely preparation and submission of all such Tenant Plans and for all elements of the design of such Tenant’s Plans and for all costs related thereto. (The word “architect” as used in this Section II (C) shall include an interior designer or space planner.)Improvements which are approved by
Appears in 1 contract
Samples: Lease Agreement (Vivus Inc)
Tenant’s Plans. Tenant shall may currently be solely responsible for the preparation of the final architecturalpreparing, electrical at its sole cost -------------- and mechanical construction drawingsexpense, plans and specifications for improvements Tenant desires to make in connection with Tenant's occupancy of the Premises (called “the "Tenant’s 's Plans”) necessary to construct the Relocation Premises for "). If so, Tenant’s occupancy, which plans 's Plans shall be submitted to Landlord for approval its approval. Any disapproval by the Landlord of Tenant's Plans shall be accompanied by a reasonably specific statement of reasons therefor. At the Tenant's sole cost and expense, the Tenant shall cause the Tenant's Plans to be revised in a manner sufficient to remedy the Landlord’s architect 's reasonable objections and/or respond to the Landlord's reasonable concerns and engineers on or before June 1, 2012for such revised plans to be redelivered to the Landlord, and the Landlord shall either approve or disapprove the Tenant’s Plans shall comply with their requirements to avoid aesthetic or other conflicts with the design and function of the balance of the Building. Landlord’s architect and engineers shall respond to any plan submission by Tenant 's revised plans within five two (52) Business Days after following the date of submission. If the Landlord shall again disapprove Tenant's Plans, the Tenant shall revise such plans and redeliver them to the Landlord pursuant to the prior two sentences until the Tenant's Plans have been approved by the Landlord’s receipt thereof. In The Tenant's Plans shall be stamped by a Massachusetts-registered architect and engineer, such architect and engineer being subject to the event Landlord’s architect’s or engineers’ approval of Tenant’s Plans is withheld or conditioned (and such approval 's reasonable approval, which shall not be unreasonably withheld or conditioned), Landlord shall send written notification thereof to Tenant and include a reasonably detailed statement identifying the reasons for such refusal or conditiondelayed, and Tenant shall have the plans revised by its architect to incorporate comply with all reasonable objections applicable laws, ordinances and conditions presented by Landlord and shall resubmit such plans to Landlord within ten (10) days after receipt of Landlord’s notice of disapproval. Such process shall be followed until the plans shall have been approved by the Landlord’s architect and engineer without unreasonable objection or condition, except that after the initial five-(5)-Business-day period, any further submissions/resubmissions shall be made within three (3) Business Days. If Landlord fails to respond to submitted plans within the applicable period set forth above, then the September 10, 2012, date set forth in the table incorporated in Section III.A below shall be extended on a day-for-day basis for each day that any such failure continues. Without limiting the foregoing, Tenant shall be responsible for all elements of the design of Tenant’s plans regulations (including, without limitation, compliance with law, functionality of design, the structural integrity applicable requirements of the designAmericans with Disabilities Act of 1990, the configuration of the Relocation Premises and the placement of Tenant’s furnitureregulations promulgated thereunder, appliances and equipment), and Landlord’s approval of Tenant’s Plans shall in no event relieve Tenant of the responsibility for such design. it being understood that Tenant shall be solely responsible only for compliance with ADA to the extent that non-compliance would result by virtue of Tenant's Work as distinguished from the state of the Premises at the time of delivery by Landlord) and shall be in a form satisfactory to appropriate governmental authorities responsible for issuing permits, approvals and licenses required for construction. The Landlord will not approve any alterations or additions requiring unusual expense to readapt the timely preparation Premises to normal office, research and submission development or laboratory use on termination of all this Lease or increasing the cost of insurance on the Building, unless the Tenant first gives assurances acceptable to the Landlord for payment of such Tenant increased cost and that such re- adaptation will be made prior to such termination without expense to the Landlord. The approval of any Tenant's Plans and for all elements shall not impose upon the Landlord any responsibility or liability whatsoever to the Tenant. In connection with its approval of the design Tenant's Plans, Landlord shall specify in writing those portions of such Tenant’s Plans 's work which must be removed at the expiration of the Term of this Lease as part of Tenant's surrender and for all costs related thereto. (The word “architect” as used in this Section II (C) shall include an interior designer or space planneryield-up of the Premises.)
Appears in 1 contract
Samples: Lifef X Inc
Tenant’s Plans. Prior to commencement of construction of Tenant's Work, Tenant shall be solely responsible will prepare and deliver to Landlord, for the preparation its review and approval, one (1) set of fully dimensioned scale working drawings of the final architecturalproposed Building, electrical prepared by a licensed architect, including types of materials and mechanical construction drawingscolors, plans and specifications (called “Tenant’s Plans”) necessary to construct the Relocation Premises for Tenant’s occupancyinterior partitions, which plans shall be submitted to Landlord for approval by Landlord’s architect and engineers on or before June 1ceiling plan, 2012roof plan, if applicable, plumbing fixtures, and Tenant’s Plans shall comply with their electrical plans prepared by a licensed electrical engineer setting forth all electric requirements of Tenant (collectively referred to avoid aesthetic or other conflicts with the design and function of the balance of the Buildingas "Plans"). Landlord’s architect and engineers shall respond to any plan submission by Tenant within five (5) Business Days after Landlord’s receipt thereof. In the event Landlord’s architect’s or engineers’ approval of Tenant’s Plans is withheld or conditioned (and such approval shall not be unreasonably withheld or conditioned), Landlord shall send written notification thereof to Tenant and include a reasonably detailed statement identifying the reasons for such refusal or condition, and Tenant shall have the plans revised by its architect to incorporate all reasonable objections and conditions presented by Landlord and shall resubmit such plans to Landlord within ten fifteen (1015) days after receipt of Landlord’s notice of disapproval. Such process shall be followed until the plans shall have been approved by the Landlord’s architect and engineer without unreasonable objection or condition, except that after the initial five-(5)-Business-day period, any further submissions/resubmissions shall be made within three (3) Business DaysPlans to provide its comments. If Landlord fails to respond to submitted plans has not notified Tenant in writing of its approval or disapproval within the applicable period set forth time periods stated above, then the September 10, 2012, date set forth in the table incorporated in Section III.A below Plans shall be extended on a day-for-day basis conclusively deemed approved by Landlord. If Landlord disapproves such Plans, Tenant shall promptly revise and resubmit such Plans to Landlord, correcting or altering such disapproved items. If at any time that Tenant is required to approve Landlord's plans but does not respond within the specified time period, such plans shall also be conclusively deemed to be approved. Upon mutual approval of the Plans, Tenant shall submit the Plans to the City/County for each day that any such failure continuesgovernmental approval. Without limiting Notwithstanding the foregoing, Landlord acknowledges and approves an architecturally prominent storefront of the Premises which shall generally conform to the elevation plan attached hereto as EXHIBIT I. Tenant shall not be responsible for all elements required to submit Plans to Landlord until such time as Landlord has executed a Non- Disclosure Agreement in favor of Tenant in the design of Tenant’s plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Relocation Premises and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval of Tenant’s Plans shall in no event relieve Tenant of the responsibility for such design. Tenant shall be solely responsible for the timely preparation and submission of all such Tenant Plans and for all elements of the design form attached hereto as EXHIBIT F. Prior to Landlord providing a copy of such Tenant’s Plans and for all costs related thereto. (The word “architect” as used to Sam's or Wal-Mart, Landlord will obtain execution by them of a Non-Disclosure Agreement in this Section II (C) shall include an interior designer or space plannerthe same form.)
Appears in 1 contract
Samples: Purchase Agreement (Aei Real Estate Fund Xviii Limited Partnership)
Tenant’s Plans. Tenant shall be solely responsible for the preparation of the final architectural, electrical and mechanical construction drawings, plans and specifications (called “Tenant’s Plans”) necessary to construct the Relocation Premises for Tenant’s occupancy, which plans shall be submitted will submit to Landlord for Landlord’s written approval by no later than 15 days after the Alzheimer’s Expansion Premises Commencement Date and the A&G Expansion Premises Commencement Date, as applicable, a set of the applicable Design/Development Plans. Tenant shall submit to Landlord for Landlord’s architect written approval, the applicable Final Construction Plans by no later than 20 days after the date of Landlord’s approval of the applicable Design/Development Plans. Landlord shall either approve or disapprove of such Design/Development Plans and engineers on or before June 1such Final Construction Plans, 2012respectively, within 10 Business Days of Landlord’s receipt of such plans, and, in the event of any disapproval of such plans, Landlord will provide Tenant with a summary of the material reasons for disapproval, and a detailed description of the changes that will be required before Landlord will reconsider approving the same. If necessary, Tenant shall promptly cause such the applicable Design/Development Plans or the applicable Final Construction Plans to be modified to address with Landlord’s reasonable requests. Landlord’s approval of the applicable Final Construction Plans shall not be unreasonably withheld, or delayed, provided that they are consistent with the Construction Guidelines (to the extent they are applicable to the Building) and the applicable Design Development Plans approved by Landlord. At such time as the applicable Final Construction Plans are completed and approved by Landlord, Landlord and Tenant shall each execute and deliver a Landlord Approval Letter, reciting such approval and definitively identifying the applicable Final Construction Plans so approved, and a copy of such letter shall be appended to each counterpart of the Lease. Each Landlord Approval Letter shall also list any elements of the applicable Tenant’s Work that Tenant shall remove at the end of the Lease Term in accordance with Section 5.1.4. of the Lease. After execution of a Landlord Approval Letter, any material changes to the applicable Tenant’s Plans shall comply with their requirements require Landlord’s prior written approval, such approval to avoid aesthetic or other conflicts with follow the design and function procedure outlined in this Section above. Upon issuance of the balance applicable Landlord Approval Letter, Tenant shall promptly obtain the applicable Building Permit. Any approval granted by Landlord under this Section 2 shall be granted solely for the benefit of Landlord, and neither Tenant nor any third party shall have the right to rely upon Landlord’s approval of any of the Building. Landlord’s architect and engineers shall respond to any plan submission by Tenant within five (5) Business Days after Landlord’s receipt thereof. In the event Landlord’s architect’s or engineers’ approval of applicable Tenant’s Plans is withheld or conditioned (and such approval shall not be unreasonably withheld or conditioned), Landlord shall send written notification thereof to Tenant and include a reasonably detailed statement identifying the reasons for such refusal or condition, and Tenant shall have the plans revised by its architect to incorporate all reasonable objections and conditions presented by Landlord and shall resubmit such plans to Landlord within ten (10) days after receipt of Landlord’s notice of disapproval. Such process shall be followed until the plans shall have been approved by the Landlord’s architect and engineer without unreasonable objection or condition, except that after the initial five-(5)-Business-day period, any further submissions/resubmissions shall be made within three (3) Business Days. If Landlord fails to respond to submitted plans within the applicable period set forth above, then the September 10, 2012, date set forth in the table incorporated in Section III.A below shall be extended on a day-for-day basis for each day that any such failure continuesother purpose whatsoever. Without limiting the foregoing, Tenant shall be responsible for all elements of the design of Tenant’s plans Work (including, without limitation, the compliance of the Tenant’s Work and Tenant’s Plans with lawLegal Requirements, functionality of design, the structural integrity of the design, the configuration and demising of the Relocation Alzheimer’s Expansion Premises and the A&G Expansion Premises, as applicable, and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval of the applicable Tenant’s Plans shall in no event relieve Tenant of the responsibility for such design. Tenant shall be solely responsible for the timely preparation and submission of all such Tenant Plans and for all elements of the design of such Tenant’s Plans and for all costs related thereto. (The word “architect” as used in this Section II (C) shall include an interior designer or space plannertherefor.)
Appears in 1 contract
Samples: Athenahealth Inc
Tenant’s Plans. Tenant shall On or before the Submission Date, Tenant, at its expense, will cause the Preliminary Plans to be solely responsible for the preparation of the final architectural, electrical prepared and mechanical construction drawings, plans and specifications (called “Tenant’s Plans”) necessary to construct the Relocation Premises for Tenant’s occupancy, which plans shall be submitted to Landlord for approval by Landlord’s architect and engineers on or before June 1its approval, 2012, and Tenant’s Plans shall comply with their requirements to avoid aesthetic or other conflicts with the design and function of the balance of the Building. Landlord’s architect and engineers shall respond to any plan submission by Tenant within five (5) Business Days after Landlord’s receipt thereof. In the event Landlord’s architect’s or engineers’ approval of Tenant’s Plans is withheld or conditioned (and such approval which shall not be unreasonably withheld withheld, conditioned or conditioned)delayed. Landlord, at its sole cost and expense, will pay up to $15,000.00 for two initial test plans for the Premises. If the submitted materials are not acceptable to Landlord, Landlord will so notify Tenant by returning the Preliminary Plans with required changes noted within 10 business days following Landlord’s receipt. If Landlord so notifies Tenant of any required change to the Preliminary Plans, Tenant will cause the same to be revised according to the returned Preliminary Plans and resubmitted to Landlord. After Landlord notifies Tenant of Landlord’s approval of the Preliminary Plans, Tenant, at its expense, will cause, using commercially reasonable efforts, the Construction Documents to be prepared and submitted to Landlord for its approval, which shall send written notification thereof to Tenant and not be unreasonably withheld, conditioned or delayed. Such submittal will include a reasonably detailed statement identifying complete color and finish board for Tenant’s Work. The Construction Documents must substantially conform to the reasons for such refusal or condition, and Tenant shall have the plans revised by its architect to incorporate all reasonable objections and conditions presented Preliminary Plans approved by Landlord and shall resubmit such plans must be in all respects sufficient for the purpose of obtaining a building permit for Tenant’s Work. If required by Landlord, Tenant will cause the Construction Documents to be resubmitted to Landlord within ten (10) days for its approval after receipt Landlord notifies Tenant of any required changes. Tenant’s Work will not commence prior to Landlord’s notice approval of disapproval. Such process shall be followed until the plans shall have been approved by the Landlord’s architect and engineer without unreasonable objection or condition, except that after the initial five-(5)-Business-day period, any further submissions/resubmissions shall be made within three (3) Business DaysConstruction Documents. If Landlord fails to respond deliver to submitted plans Tenant Landlord’s written approval or its written request for revisions within the applicable period set forth above15 days after Landlord receives any submittal by Tenant of Preliminary Plans, then the September 10Construction Documents or any required revisions to them, 2012, date set forth in the table incorporated or Tenant’s request for approval of its Contractor (defined below in Section III.A below shall be extended 11) Tenant will receive a credit against Base Rent beginning on a the first day of the Term equal to one day-for-day basis ’s Base Rent for each day that any such failure continuessubsequent to the 15th day after Tenant’s submittal until the day of Landlord’s response. Without limiting the foregoingExcept as provided in Paragraph 2 above, Tenant shall be responsible for all elements of no delays in the design or performance of Tenant’s plans (including, without limitation, compliance Work will change the applicable Start Dates or the Commencement Date with law, functionality respect to any of design, the structural integrity various portions of the design, the configuration of the Relocation Premises and the placement Premises. Upon completion of Tenant’s furnitureWork in the Premises as a whole, appliances and equipment)Tenant will provide Landlord a complete set of reproducible as-built plans of the Premises. If Tenant fails to provide such plans, Landlord may obtain them, directly or by field verification, and Landlord’s approval of Tenant’s Plans shall in no event relieve charge Tenant of the responsibility for such design. Tenant shall be solely responsible for the timely preparation and submission of all such Tenant Plans and for all elements of the design of such Tenant’s Plans and for all costs related theretoincurred by Landlord in doing so. (The word “architect” No approval by Landlord of the Preliminary Plans, the Construction Documents or any revisions to them will constitute a representation or warranty by Landlord or its architects or engineers as used to the adequacy or sufficiency of such plans, or the improvements to which they relate, for any use, purpose or condition, but such approval will merely be the consent of Landlord to the construction or installation of improvements in this Section II (C) shall include an interior designer or space plannerthe Premises according to such plans.)
Appears in 1 contract
Samples: Lease Agreement (Exelixis, Inc.)
Tenant’s Plans. Prior to the performance of any Alterations, Tenant, at Tenant's sole cost and expense, shall cause to be prepared and delivered to Landlord, complete, detailed architectural, mechanical and electrical drawings and specifications therefor (“Tenant's Plans”). Tenant's Plans shall be subject to Landlord's prior written approval. If, in connection with determining whether or not to approve Tenant's Plans or revisions thereof, Landlord incurs reasonable and necessary out of pocket architectural, engineering or any other professional fees, Tenant shall be solely responsible for the preparation of the final architectural, electrical and mechanical construction drawings, plans and specifications (called “Tenant’s Plans”) necessary to construct the Relocation Premises for Tenant’s occupancy, which plans shall be submitted to Landlord for approval by Landlord’s architect and engineers on or before June 1, 2012, and Tenant’s Plans shall comply with their requirements to avoid aesthetic or other conflicts with the design and function of the balance of the Building. Landlord’s architect and engineers shall respond to any plan submission by Tenant within five (5) Business Days after Landlord’s receipt thereof. In the event Landlord’s architect’s or engineers’ approval of Tenant’s Plans is withheld or conditioned (and pay such approval shall not be unreasonably withheld or conditioned), Landlord shall send written notification thereof to Tenant and include a reasonably detailed statement identifying the reasons for such refusal or condition, and Tenant shall have the plans revised by its architect to incorporate all reasonable objections and conditions presented by Landlord and shall resubmit such plans to Landlord fees as additional rent within ten (10) days after receipt of invoice from Landlord’s notice of disapproval. Such process shall be followed until the plans Tenant shall have been approved five (5) days from notice from Landlord to respond to any comments or changes requested by Landlord and to resubmit two (2) copies of revised Tenant's Plans. If, as and when Landlord shall approve Tenant's Plans the Landlord’s architect same shall become final and engineer without unreasonable objection or condition, except that after the initial five-(5)-Business-day period, any further submissions/resubmissions shall be made within three (3) Business Days. If Landlord fails to respond to submitted plans within the applicable period set forth above, then the September 10, 2012, date set forth in the table incorporated in Section III.A below copies thereof shall be extended on a day-for-day basis for each day that signed by Landlord and Tenant, two (2) sets to be retained by Landlord and one (1) set to be retained by Tenant. Tenant's Plans shall not be materially changed, which would include the addition of any such failure continues. Without limiting the foregoing, Tenant shall be responsible for all elements structural or exterior changes of the design of Tenant’s plans (includingany kind, without limitation, compliance with law, functionality the prior written approval of design, the structural integrity of the design, the configuration of the Relocation Premises and the placement of Tenant’s furniture, appliances and equipment), and Landlord in each instance. Landlord’s 's approval of Tenant’s 's Plans shall not constitute an opinion or agreement by Landlord that the same are structurally sufficient or that they are in no event relieve Tenant compliance with “Legal Requirements” (hereinafter defined), nor shall such approval impose any present or future liability on Landlord or waive any of Landlord's rights hereunder. Approval by Landlord of Tenant's Plans shall not constitute a waiver by Landlord of the responsibility right to thereafter require Tenant to amend same to provide for such designomissions or errors therein later discovered by Landlord. Tenant at Tenant's sole cost and expense, or at Landlord's election, Landlord, at Tenant's sole cost and expense, shall perform the appropriate filings, if necessary, with governmental agencies having jurisdiction and obtain such approvals and permits as required for the construction of the work depicted on Tenant's Plans. Original prints of Tenant's Plans bearing necessary government approvals shall be solely responsible for the timely preparation and submission property of all such Tenant Plans and for all elements of the design of such Tenant’s Plans and for all costs related thereto. (The word “architect” as used in this Section II (C) shall include an interior designer or space plannerLandlord.)
Appears in 1 contract
Tenant’s Plans. Tenant shall be solely responsible for Landlord has approved the preparation Preliminary Plans, as set forth on Schedule 1 to this Work Letter. Within 10 days after the Date of the final architecturalLease, electrical Tenant, at its expense, will cause the Construction Documents to be prepared and mechanical construction drawings, plans and specifications (called “Tenant’s Plans”) necessary to construct the Relocation Premises for Tenant’s occupancy, which plans shall be submitted to Landlord for approval its approval. Such submittal will include two sets of plans and specifications and a complete color and finish board for Tenant’s Work. The Construction Documents must conform to the Preliminary Plans approved by Landlord in all material respects and must be in all respects sufficient for the purpose of obtaining a building permit for Tenant’s Work. If reasonably required by Landlord’s architect and engineers on or before June 1, 2012, and Tenant’s Plans shall comply with their requirements Tenant will cause the Construction Documents to avoid aesthetic or other conflicts with the design and function be resubmitted to Landlord for its approval within seven days after Landlord notifies Tenant of the balance of the Buildingany reasonably required changes. Landlord’s architect and engineers shall respond to any plan submission by Tenant within five (5) Business Days after Landlord’s receipt thereof. In the event Landlord’s architect’s or engineers’ approval of Tenant’s Plans is withheld or conditioned (and such approval shall not be unreasonably withheld or conditioned), Landlord shall send written notification thereof to Tenant and include a reasonably detailed statement identifying the reasons for such refusal or condition, and Tenant shall have the plans revised by its architect right to incorporate all reasonable objections and conditions presented by disapprove the Construction Documents only if they materially differ from the Preliminary Plans. Tenant’s Work will not commence prior to Landlord’s approval of the Construction Documents. Landlord and shall resubmit such plans Tenant agree to Landlord within ten (10) days after receipt of Landlord’s notice of disapproval. Such process shall be followed until the plans shall have been approved by the Landlord’s architect work together in good faith to review, approve and engineer without unreasonable objection or condition, except that after the initial five-(5)-Business-day period, any further submissions/resubmissions shall be made within three (3) Business Daysfinalize all Construction Documents in a timely manner. If Landlord fails to respond deliver to submitted plans Tenant Landlord’s written approval or its written request for revisions within the applicable period set forth seven days after Landlord receives any submittal by Tenant of Preliminary Plans, Construction Documents or any required revisions to them, then such submittal will be deemed approved by Landlord. Except as provided in Paragraph 2 above, then the September 10, 2012, date set forth no delays in the table incorporated in Section III.A below shall be extended on a day-for-day basis for each day that any such failure continues. Without limiting the foregoing, Tenant shall be responsible for all elements of the design or performance of Tenant’s plans (including, without limitation, compliance with law, functionality of design, Work will change the structural integrity of Occupied Space Delivery Date or the design, the configuration of the Relocation Premises and the placement Commencement Date. Upon completion of Tenant’s furnitureWork, appliances and equipment)Tenant will provide Landlord a complete set of reproducible as-built plans of the Premises. If Tenant fails to provide such plans, Landlord may obtain them, directly or by field verification, and Landlord’s charge Tenant for all reasonable costs incurred by Landlord in doing so. No approval of Tenant’s Plans shall in no event relieve Tenant by Landlord of the responsibility for such design. Tenant shall be solely responsible for Preliminary Plans, the timely preparation and submission of all such Tenant Plans and for all elements of Construction Documents or any revisions to them will constitute a representation or warranty by Landlord or its architects or engineers as to the design adequacy or sufficiency of such Tenant’s Plans and plans, or the improvements to which they relate, for all costs related thereto. (The word “architect” as used any use, purpose or condition, but such approval will merely be the consent of Landlord to the construction or installation of improvements in this Section II (C) shall include an interior designer or space plannerthe Premises according to such plans.)
Appears in 1 contract
Samples: Lease Agreement (Singulex Inc)
Tenant’s Plans. In any and all events, Landlord and Tenant shall be solely responsible for the preparation of the final architectural, electrical and mechanical construction drawings, plans and specifications (called “agree on Final Tenant’s Plans”) necessary to construct the Relocation Premises for Tenant’s occupancy, which plans shall be submitted to Landlord for approval by Landlord’s architect and engineers 's Plans on or before June 1December 29, 2012, and Tenant’s Plans shall comply with their requirements to avoid aesthetic or other conflicts with 1999 (the design and function of the balance of the Building"Outside Plan Date"). Landlord’s architect and engineers shall respond to any plan submission by Tenant within five (5) Business Days after Landlord’s receipt thereof. In the event Landlord’s architect’s or engineers’ approval of Tenant’s Plans is withheld or conditioned (and such approval Landlord shall not be unreasonably withheld required to approve any alteration, improvement, work or conditioned)materials called for in Tenant's Plans which (i) is not approved by Landlord's architect or (ii) does not comply with any of the Requirements as defined in Article VII including, Landlord shall send written notification thereof to Tenant without limitation, any and include a reasonably detailed statement identifying all applicable laws, ordinances or building codes or (iii) does not meet Landlord's minimum standards for the reasons for such refusal or condition, and Tenant shall have the plans revised by its architect to incorporate all reasonable objections and conditions presented Building as determined by Landlord and shall resubmit such plans in Landlord's sole but reasonable judgment or (iv) do not call for work or improvements sufficient to Landlord within ten bring the Premises into compliance with all applicable Requirements (10) days after receipt of Landlord’s notice of disapproval. Such process shall be followed until the plans shall have been approved by the Landlord’s architect and engineer without unreasonable objection or condition, except that after the initial five-(5)-Business-day period, any further submissions/resubmissions shall be made within three (3) Business Days. If Landlord fails to respond to submitted plans within the applicable period set forth above, then the September 10, 2012, date set forth in the table incorporated as defined in Section III.A below shall 7.2) or (v) pertain to the Lobby Area which is to be extended on a day-for-day basis for each day that any such failure continuesrenovated pursuant to Section 14.31 hereof. Without limiting the foregoing, Tenant shall be responsible for all elements of the design content of Tenant’s plans (including, without limitation, 's Plans and shall insure that the same call for work and improvements which are designed in compliance with lawand which, functionality of designwhen performed, shall bring the structural integrity of the design, the configuration of the Relocation Premises and the placement of Tenant’s furniture, appliances and equipment), and into compliance with all applicable Requirements. Landlord’s 's approval of Tenant’s 's Plans shall not be deemed or construed as a representation or warranty by Landlord or Landlord's construction manager that the work and improvements called for therein are in no event relieve Tenant compliance with the Requirements. Upon approval of Tenant's Plans by Landlord, Landlord shall promptly apply for all licenses, permits and approvals necessary to perform Landlord's Work and Landlord shall also Subject to the rights of Landlord under this Lease with respect to the selection and designation of the responsibility general contractor, Landlord shall consult with Tenant in connection with completing the Bid Process and shall share information relative the bids submitted by the various contractors with Tenant. After completion of the Bid Process, Landlord will arrange for a meeting between the Architect, Landlord's Construction Manager, Tenant and the lowest qualified responsible bidder, wherein the contractors bid and the scope of work called for therein shall be reviewed. Such meeting shall take place within two (2) Business Days after completion of the Bid Process. After such designmeeting, Landlord shall select the lowest qualified responsible bid submitted by one of the contractors and shall designate and enter into a construction contract with such bidder as the general contractor for purposes of performing Landlord's Work. Landlord shall provide Tenant with a copy of the construction contract as executed. Upon completion of the Bid Process and Landlord's designation of and entry into the construction contract with the general contractor as aforesaid, Landlord shall exercise all reasonable efforts to promptly complete the work necessary to prepare the Premises for Tenant's occupancy pursuant to the Tenant's Plans ("Landlord's Work"), but Tenant shall be solely responsible have no claims against Landlord for failure to timely complete such Landlord's Work except the timely preparation right to terminate this Lease in accordance with the provisions of Section 4.2(e). It is agreed and submission of all such Tenant understood that notwithstanding anything contained in the Tenant's Plans and for all elements to the contrary, Landlord's Work shall not include any aspect of the design Elevator Up-Grade or the Lobby Renovation Work contemplated in Section 14.30 and Section 14.31 respectively, unless expressly agreed to by Landlord in writing. Landlord shall cause Landlord's Construction Manager to oversee the performance of Landlord's Work and shall use good faith efforts to ensure that such work is performed in a good and workmanlike manner in compliance with Tenant’s 's Plans as approved by Landlord and for all costs related theretoTenant. (The word “architect” as used in this Section II (C) shall include an interior designer or space planner.)Landlord's construction manager shall:
Appears in 1 contract
Samples: Cyrk Inc
Tenant’s Plans. Tenant shall be solely responsible for the preparation of the final architectural, electrical and mechanical construction drawings, plans and specifications (called “Tenant’s Plans”) necessary to construct the Relocation Premises for Tenant’s occupancy, which plans shall be submitted will submit to Landlord for Landlord’s written approval by no later than 15 days after the Lease Commencement Date a set of the Design/Development Plans. Tenant shall submit to Landlord for Landlord’s architect written approval, the Final Construction Plans by no later than 20 days after the date of Landlord’s approval of the Design/Development Plans. Landlord shall either approve or disapprove of such Design/Development Plans and engineers on or before June 1such Final Construction Plans, 2012respectively, within 10 Business Days of Landlord’s receipt of such plans, and, in the event of any disapproval of such plans, Landlord will provide Tenant with a summary of the material reasons for disapproval, and a detailed description of the changes that will be required before Landlord will reconsider approving the same. If necessary, Tenant shall promptly cause such the Design/Development Plans or Final Construction Plans to be modified to address with Landlord’s reasonable requests. Xxxxxxxx’s approval of the Final Construction Plans shall not be unreasonably withheld, or delayed, provided that they are consistent with the Construction Guidelines (to the extent they are applicable to the Building) and the Design Development Plans approved by Landlord. At such time as the Final Construction Plans are completed and approved by Landlord, Landlord and Tenant shall each execute and deliver the Landlord Approval Letter, reciting such approval and definitively identifying the Final Construction Plans so approved, and a copy of such letter shall be appended to each counterpart of the Lease. The Landlord Approval Letter shall also list any elements of Tenant’s Work that Tenant shall remove at the end of the Lease Term in accordance with Section 5.1.4. of the Lease. After execution of the Landlord Approval Letter, any material changes to Tenant’s Plans shall comply with their requirements require Landlord’s prior written approval, such approval to avoid aesthetic or other conflicts with follow the design and function procedure outlined in this Section above. Upon issuance of the balance Landlord Approval Letter, Tenant shall promptly obtain the Building Permit. Any approval granted by Landlord under this Section 2 shall be granted solely for the benefit of Landlord, and neither Tenant nor any third party shall have the right to rely upon Xxxxxxxx’s approval of any of the Building. Landlord’s architect and engineers shall respond to any plan submission by Tenant within five (5) Business Days after Landlord’s receipt thereof. In the event Landlord’s architect’s or engineers’ approval of Tenant’s Plans is withheld or conditioned (and such approval shall not be unreasonably withheld or conditioned), Landlord shall send written notification thereof to Tenant and include a reasonably detailed statement identifying the reasons for such refusal or condition, and Tenant shall have the plans revised by its architect to incorporate all reasonable objections and conditions presented by Landlord and shall resubmit such plans to Landlord within ten (10) days after receipt of Landlord’s notice of disapproval. Such process shall be followed until the plans shall have been approved by the Landlord’s architect and engineer without unreasonable objection or condition, except that after the initial five-(5)-Business-day period, any further submissions/resubmissions shall be made within three (3) Business Days. If Landlord fails to respond to submitted plans within the applicable period set forth above, then the September 10, 2012, date set forth in the table incorporated in Section III.A below shall be extended on a day-for-day basis for each day that any such failure continuesother purpose whatsoever. Without limiting the foregoing, Tenant shall be responsible for all elements of the design of Tenant’s plans Work (including, without limitation, the compliance of the Tenant’s Work and Tenant’s Plans with lawLegal Requirements, functionality of design, the structural integrity of the design, the configuration of the Relocation Premises Premises, the demising of the Premises, and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval of the Tenant’s Plans shall in no event relieve Tenant of the responsibility for such design. Tenant shall be solely responsible for the timely preparation and submission of all such Tenant Plans and for all elements of the design of such Tenant’s Plans and for all costs related thereto. (The word “architect” as used in this Section II (C) shall include an interior designer or space plannertherefor.)
Appears in 1 contract
Samples: Athenahealth Inc
