Final Warm Shell Plans definition

Final Warm Shell Plans means and refer to the Final Warm Shell Plans attached hereto as Exhibit B-1. Notwithstanding anything to the contrary contained in the Lease or herein, Landlord’s participation in the preparation of the Final Warm Shell Plans, the cost estimates for the Landlord Work and the construction thereof shall not constitute any representation or warranty, express or implied, that the Landlord Work, if built in accordance with the Final Warm Shell Plans, will be suitable for Tenant’s intended purpose. Tenant acknowledges and agrees that the improvements comprising the Landlord Work are intended for use by Tenant and the specifications and design requirements for such improvements are not within the special knowledge or experience of Landlord. Landlord’s sole obligation shall be to arrange the construction of the Landlord Work in accordance with the requirements of the Final Warm Shell Plans. Notwithstanding the foregoing, Landlord agrees to assign to Tenant on a non-exclusive basis the benefit of all construction warranties pertaining to the Landlord Work to the extent that they relate to portions of the Landlord Work that Tenant is required to maintain and repair under the Lease. Landlord does not warrant that the Building or any component thereof will be free of latent defects or that it will not require maintenance and/or repair within any particular period of time, except as expressly provided in Section 1.2 of the Lease. Tenant acknowledges and agrees that it shall rely solely on the warranty or guaranty, if any, from Landlord’s Contractor or other material and/or service providers relative to the proper design and construction of the Landlord Work or any component thereof. Landlord shall have the right to make modifications to the Final Warm Shell Plans without Tenant’s prior written consent provided that such modifications do not materially and adversely affect Tenant (as reasonably determined by Landlord).
View Source

Examples of Final Warm Shell Plans in a sentence

  • If Tenant desires any change in the Final Warm Shell Plans or Landlord Work which is reasonable and practical (which shall be conclusively determined by Landlord), such changes may only be requested by the delivery to Landlord by Tenant of a proposed written “Change Order” specifically setting forth the requested change.

  • The Landlord Work shall be deemed to be “Substantially Completed” on the date Landlord certifies (a set forth in a written certification signed by Landlord) the Landlord Work has been substantially completed in accordance with the Final Warm Shell Plans, as modified by any Change Orders approved pursuant to the express provisions of this Exhibit B.

  • If Tenant approves these items, the sum of the Change Order Cost and Change Order Delay Expense shall be concurrently paid to Landlord at the time of such Tenant approval, and Landlord shall thereafter promptly execute the Change Order and cause the appropriate changes to the Final Warm Shell Plans to be made.

  • Landlord shall, at Landlord’s sole cost and expense, diligently prosecute to completion in accordance with all applicable Laws, and the Final Warm Shell Plans (as defined below), and in a good and workmanlike manner, the Warm Shell Improvements (as defined in Section 2.3 of the Lease).

  • Following the approval as provided above, Landlord shall not make any changes to the Final Warm Shell Plans that will cause a deviation from, or are not a logical evolution of, any of the specifications contained in the Preliminary Warm Shell Plans or that will otherwise materially impact the interior layout of the Buildings from that shown on the Preliminary Warm Shell Plans, without Tenant’s prior written approval, which approval Tenant shall not unreasonably delay, condition or withhold.

  • Landlord shall have the right to make modifications to the Final Warm Shell Plans without Tenant’s prior written consent provided that such modifications do not materially and adversely affect Tenant (as reasonably determined by Landlord).

  • If necessary, Landlord and Tenant will cooperate with each other in good faith in making any alterations to the Final Warm Shell Plans for the Connector required to obtain the Connector Warm Shell Permits, and any such revised plans and specifications that Landlord and Tenant approve will then be the “Final Warm Shell Plans for the Connector”.

  • Landlord’s sole obligation shall be to arrange the construction of the Landlord Work in accordance with the requirements of the Final Warm Shell Plans.

  • Notwithstanding anything to the contrary contained in the Lease or herein, Landlord’s participation in the preparation of the Final Warm Shell Plans, the cost estimates for the Landlord Work and the construction thereof shall not constitute any representation or warranty, express or implied, that the Landlord Work, if built in accordance with the Final Warm Shell Plans, will be suitable for Tenant’s intended purpose.

  • Landlord, with Tenant’s cooperation, will make reasonable efforts to obtain all governmental approvals, consents, and permits required to build the Connector in accordance with the Final Warm Shell Plans for the Connector, and the Warm Shell Specifications (the “Connector Warm Shell Permits”).