Common use of Construction Drawings Clause in Contracts

Construction Drawings. (a) SELECTION OF ARCHITECT/CONSTRUCTION DRAWINGS. Lessee shall retain an architect/space planner (the "Architect") approved by Lessor, which approval shall not be unreasonably withheld, to prepare the Construction Drawings. Lessee shall retain engineering consultants (the "Engineers") approved by Lessor, which approval shall not be unreasonably withheld, to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing, HVAC, life-safety, and sprinkler work in the Premises in connection with the Lessee Improvements. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the "Construction Drawings". All Construction Drawings shall be professionally prepared consistent with drawings for comparable construction projects at comparable buildings in the San Mateo/Xxxxxx City area, using one-eighth (1/8th) inch scale CAD drawings. Lessor's review of the Construction Drawings as set forth in this SECTION 3, shall be for its sole purpose and shall not imply Lessor's review of the same, or obligate Lessor to review the same, for quality, design, compliance with Applicable Law or other like matters. Accordingly, notwithstanding that any Construction Drawings are reviewed by Lessor or its space planner, architect, engineers and consultants, and notwithstanding any advice or assistance which may be rendered to Lessee by Lessor or Lessor's space planner, architect, engineers, and consultants, Lessor shall have no liability whatsoever in connection therewith and shall not be responsible for any omissions or errors contained in the Construction Drawings, and Lessee's waiver and indemnity set forth in the Lease shall specifically apply to the Construction Drawings. Furthermore, Lessee and Architect shall verify, in the field, the dimensions and conditions as shown on the relevant portions of any existing plans for the Premises and/or Building, and Lessee and Architect shall be solely responsible for the same, and Lessor shall have no responsibility in connection therewith.

Appears in 2 contracts

Samples: Office Lease (Netgravity Inc), Office Lease (Doubleclick Inc)

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Construction Drawings. (a) SELECTION OF ARCHITECT/CONSTRUCTION DRAWINGS. Lessee Promptly following the date hereof, Landlord shall retain an architect/space planner prepare and submit to Tenant, at Landlord’s expense, a set of construction drawings (the "Architect"“CD’s”) approved covering all work to be performed by LessorLandlord in constructing and installing the Tenant Improvement, which shall be based on the scope of work attached as Exhibit A hereto (the “Scope of Work”) and the space plan attached as Exhibit B hereto (the “Space Plan”). Tenant shall have ten (10) days after receipt of the CD’s in which to review the CD’s and to give to Landlord written notice of Tenant’s approval of the CD’s or its requested changes to the CD’s. Any changes to the CD’s requested by Tenant shall not materially alter the exterior appearance or basic nature of the Building or the Building systems. If Tenant fails to approve or request changes to the CD’s within ten (10) days after its receipt thereof, Tenant shall be unreasonably withhelddeemed to have approved the CDs, and the same shall thereupon be final. If Tenant requests any changes to the CD’s, Landlord shall provide Tenant with a breakdown of the cost of said changes, including the cost, if any, to prepare revise the Construction DrawingsCD’s. Lessee Tenant shall retain engineering consultants have ten (10) days to approve or disapprove the "Engineers"changes and associated costs. If Tenant approves the changes and associated costs, Landlord shall make said changes and shall, within ten (10) approved by Lessordays of its receipt of such request, which approval submit the revised portion of the CD’s to Tenant. Within five (5) days of receipt Tenant shall not be unreasonably withheld, to prepare all plans either approve the CD’s and engineering working drawings relating the revised portion thereof or advise of any final comments to the structural, mechanical, electrical, plumbing, HVAC, life-safety, and sprinkler work in the Premises in connection with the Lessee Improvementsrevised portions. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the "Construction Drawings". All Construction Drawings shall be professionally prepared consistent with drawings for comparable construction projects at comparable buildings in the San Mateo/Xxxxxx City area, using one-eighth (1/8th) inch scale CAD drawings. Lessor's review of the Construction Drawings as Notwithstanding anything set forth in this SECTION 3Amendment to the contrary, such approved changes and costs shall be deemed a Change Order (as defined below) and Tenant shall pay to Landlord the cost of such approved changes in accordance with (d) below. Tenant may not thereafter disapprove the revised portions of the CD’s unless Landlord has unreasonably failed to incorporate reasonable comments of Tenant and, subject to the foregoing, the CD’s, as modified by said revisions, shall be for deemed to be final upon the submission of said revisions to Tenant. Tenant shall at all times in its sole purpose and shall not imply Lessor's review of the same, or obligate Lessor to review the same, for quality, design, compliance with Applicable Law or other like matters. Accordingly, notwithstanding that any Construction Drawings are reviewed by Lessor or its space planner, architect, engineers and consultantsCD’s, and notwithstanding of any advice or assistance which may be rendered revisions thereto, act reasonably and in good faith. Without limiting the foregoing, Tenant agrees to Lessee by Lessor or Lessor's space planner, architect, engineers, and consultants, Lessor confirm Tenant’s consent to the CD’s as finalized pursuant to this subparagraph (b) in writing within five (5) days following Landlord’s written request therefor. Landlord shall have no liability whatsoever in connection therewith and shall not be responsible for any omissions or errors contained in submitting the Construction Drawings, and Lessee's waiver and indemnity set forth in the Lease shall specifically apply final CD’s to the Construction Drawings. Furthermoreapplicable governmental authority for a building permit, Lessee and Architect shall verifyif required, and, in the fieldevent that said authority requires any changes to the CD’s as a result of Tenant’s changes to the Scope of Work and the Space Plan, the dimensions and conditions as shown on the relevant portions of any existing plans for the Premises and/or Building, and Lessee and Architect Tenant shall be solely responsible for the same, and Lessor shall have no responsibility in connection therewithincreased costs.

Appears in 2 contracts

Samples: Deed of Lease (Maravai Lifesciences Holdings, Inc.), Deed of Lease (Maravai Lifesciences Holdings, Inc.)

Construction Drawings. After Landlord approves the Space Plan, Tenant shall cause the Architect and the Engineers to complete the architectural, engineering and final architectural working drawings for the Tenant Improvements in a form that is sufficient to enable subcontractors to bid on the work and to obtain all applicable permits (acollectively, the “Construction Drawings”), and shall deliver four (4) SELECTION OF ARCHITECT/CONSTRUCTION DRAWINGS. Lessee shall retain an architect/space planner (copies of the "Architect") approved Construction Drawings, signed by LessorTenant, to Landlord for its approval, which approval shall not be unreasonably withheld, to prepare withheld provided the Construction DrawingsDrawing are materially consistent with the approved Space Plans and otherwise comply with the terms of Section 2.1 hereof. Lessee Notwithstanding the foregoing, at Tenant’s option, the Construction Drawings may be prepared in two phases (first the architectural drawings, then engineering drawings consistent with the previously provided architectural drawings), provided that each phase shall retain engineering consultants be subject to Landlord’s approval. Landlord shall provide Tenant with written notice approving or reasonably disapproving the Construction Drawings (or the applicable component thereof) within 15 business days after the later of Landlord’s receipt thereof or the mutual execution and delivery of the Agreement. If Landlord disapproves the Construction Drawings (or any component thereof), Landlord’s notice of disapproval shall describe with reasonable specificity the basis for such disapproval and the changes that would be necessary to resolve Landlord’s objections. If Landlord disapproves the Construction Drawings (or any component thereof), Tenant shall cause the Construction Drawings to be modified and resubmitted to Landlord for its approval. Such procedure shall be repeated as necessary until Landlord has approved the Construction Drawings (or the applicable component thereof). Tenant shall not commence construction of the Tenant Improvements until after the Construction Drawings are approved by Landlord. No revision may be made to the approved Construction Drawings (the "Engineers"“Approved Construction Drawings”) approved by Lessorwithout Landlord’s prior written consent, which approval shall not be unreasonably withheld, to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing, HVAC, life-safety, and sprinkler work in the Premises in connection with the Lessee Improvements. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the "Construction Drawings". All Construction Drawings shall be professionally prepared consistent with drawings for comparable construction projects at comparable buildings in the San Mateo/Xxxxxx City area, using one-eighth (1/8th) inch scale CAD drawings. Lessor's review of the Construction Drawings as set forth in this SECTION 3, shall be for its sole purpose and shall not imply Lessor's review of the same, or obligate Lessor to review the same, for quality, design, compliance with Applicable Law or other like matters. Accordingly, notwithstanding that any Construction Drawings are reviewed by Lessor or its space planner, architect, engineers and consultants, and notwithstanding any advice or assistance which may be rendered to Lessee by Lessor or Lessor's space planner, architect, engineers, and consultants, Lessor shall have no liability whatsoever in connection therewith and shall not be responsible for any omissions or errors contained in the Construction Drawings, and Lessee's waiver and indemnity set forth in the Lease shall specifically apply to the Construction Drawings. Furthermore, Lessee and Architect shall verify, in the field, the dimensions and conditions as shown on the relevant portions of any existing plans for the Premises and/or Building, and Lessee and Architect shall be solely responsible for the same, and Lessor shall have no responsibility in connection therewith.

Appears in 1 contract

Samples: First Amendment (Netsuite Inc)

Construction Drawings. (a) SELECTION OF ARCHITECT/CONSTRUCTION DRAWINGS. Lessee shall retain an architect/space planner (If the "Architect") approved by Lessor, which approval shall not be unreasonably withheld, to prepare preparation of the Construction Drawings. Lessee shall retain engineering consultants Drawings requires the input of engineers (the "Engineers") approved ), as reasonably determined by LessorLandlord, which approval Architect shall not be unreasonably withheld, retain Engineers that are reasonably acceptable to Landlord to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing, HVAC, life-life safety, and sprinkler work in the Premises in connection with the Lessee ImprovementsNew Premises. The plans and drawings specifications to be prepared by the Architect and the Engineers hereunder shall reflect only the improvements described on the Space Plan and shall be known collectively as the "Construction Drawings"." Tenant and Architect shall verify, in the field, the dimensions of the New Premises and the conditions at the New Premises, and Tenant and Architect shall be solely responsible for the same, and Landlord shall have no responsibility in connection therewith. All Landlord shall have the right to approve the Construction Drawings in Landlord’s reasonable discretion, and the Construction Drawings shall be professionally prepared consistent with drawings for comparable construction projects at comparable buildings in not materially deviate from the San Mateo/Xxxxxx City area, using one-eighth (1/8th) inch scale CAD drawingsSpace Plan. LessorLandlord's review of the Construction Drawings as set forth in this SECTION 3, shall be is for its sole purpose benefit and Landlord shall not imply Lessorhave no liability to Tenant or Tenant's review contractors arising out of the same, or obligate Lessor to review the same, for quality, design, compliance with Applicable Law or other like mattersbased on Landlord's review. Accordingly, notwithstanding that any Construction Drawings are reviewed by Lessor Landlord or its space planner, architect, engineers and consultants, and notwithstanding any advice or assistance which may be rendered to Lessee Tenant or Tenant's Architect, Engineers or contractors by Lessor Landlord or LessorLandlord's space planner, architect, engineers, engineers and consultants, Lessor Landlord shall have no liability whatsoever in connection therewith and shall not be responsible for any omissions or errors contained in the Construction Drawings, and Lessee's waiver and indemnity set forth in the Lease shall specifically apply to the Construction Drawingsarising therefrom. Furthermore, Lessee and Architect shall verify, in the field, the dimensions and conditions as shown on the relevant portions of any existing plans for the Premises and/or Building, and Lessee and Architect shall be solely responsible for the same, and Lessor shall have no responsibility in connection therewith.(c)

Appears in 1 contract

Samples: Iteris, Inc.

Construction Drawings. Tenant, at its expense (abut subject to Landlord's Contribution set forth in Section 6(b) SELECTION OF ARCHITECT/CONSTRUCTION DRAWINGS. Lessee below), shall retain an architect/space planner (develop and submit to Landlord construction drawings based on Tenant's Space Plans, detailing the "Architect") approved by Lessorarchitectural, which approval shall not be unreasonably withheld, to prepare the Construction Drawings. Lessee shall retain engineering consultants (the "Engineers") approved by Lessor, which approval shall not be unreasonably withheld, to prepare all mechanical and electrical plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing, HVAC, life-safety, and sprinkler work in specifications for the Premises in connection with the Lessee Improvements. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as (the "Construction Drawings"). All (Tenant shall furnish a minimum of two (2) such copies for approval.) Within fourteen (14) days after Tenant submits the Construction Drawings, Landlord shall notify Tenant if the Construction Drawings fail to meet with Landlord's approval. Within fourteen (14) days after Tenant receives any such notice, Tenant shall revise the Construction Drawings to the extent necessary to obtain Landlord's approval and shall resubmit them for Landlord's approval. After approval by Landlord, which shall be given within fourteen (14) days after re-submittal by Tenant, the Construction Drawings shall be professionally prepared consistent with drawings for comparable construction projects at comparable buildings in the San Mateo/Xxxxxx City areamarked "Approved," dated, using one-eighth (1/8th) inch scale CAD drawingssigned by Landlord and Tenant, marked Exhibit C2 and attached to and made a part of this Lease. Lessor's review of the Said approved Construction Drawings (the "Final Construction Drawings") shall be used by Landlord, as determined hereunder, to construct the improvement to the Premises. Neither Landlord nor Tenant is under any obligation to make any alterations, decorations, additions or improvements in or to the Premises except as set forth in this SECTION 3, shall be for its sole purpose and shall not imply Lessor's review of the same, or obligate Lessor to review the same, for quality, design, compliance with Applicable Law or other like matters. Accordingly, notwithstanding that any Construction Drawings are reviewed by Lessor or its space planner, architect, engineers and consultants, and notwithstanding any advice or assistance which may be rendered to Lessee by Lessor or Lessor's space planner, architect, engineers, and consultants, Lessor shall have no liability whatsoever in connection therewith and shall not be responsible for any omissions or errors contained in the Construction Drawings, and Lessee's waiver and indemnity set forth in the Lease shall specifically apply to the Final Construction Drawings. Furthermore, Lessee and Architect Any material delay in Landlord's completion of Tenant Improvements caused by modifications requested by Tenant shall verify, in constitute a tenant delay for purposes of determining the field, date of Substantial Completion of the dimensions and conditions as shown on the relevant portions of any existing plans for the Premises and/or Building, and Lessee and Architect shall be solely responsible for the same, and Lessor shall have no responsibility in connection therewithPremises.

Appears in 1 contract

Samples: Lease Agreement (Identix Inc)

Construction Drawings. (a) SELECTION OF ARCHITECT/CONSTRUCTION DRAWINGS. Lessee shall retain an Landlord acknowledges that Tenant has retained Chicago Design Network, as its architect/space planner in connection with the Office TI Work and the Lab Work (collectively, the "Architect") “Tenant-Designed Work”). Landlord also acknowledges that it has conceptually approved by Lessorthe preliminary plans for the Office TI Work identified on Schedule 2 attached hereto, it being understood that such conceptual approval shall not limit Tenant’s obligations under this Work Letter. As soon as reasonably practicable, Tenant shall submit its proposed construction plans for all of the Tenant-Designed Work to Landlord for review and approval, which approval shall not be unreasonably withheld, to prepare the Construction Drawings. Lessee shall retain engineering consultants (the "Engineers") approved by Lessor, which approval shall not be unreasonably withheld, to prepare all All such plans and engineering working drawings relating construction drawings, including any reasonable revisions required by Landlord and/or revisions required by applicable governmental authorities shall be at no cost to the structural, mechanical, electrical, plumbing, HVAC, life-safety, and sprinkler work in the Premises in connection with the Lessee ImprovementsLandlord. The construction plans and drawings to be prepared by Architect and for the Engineers hereunder Tenant-Designed Work shall be known referred to collectively as the "Construction Drawings". All Construction Drawings .” Tenant’s Contractor shall be professionally prepared consistent with drawings for comparable construction projects at comparable buildings verify, in the San Mateo/Xxxxxx City areafield, using one-eighth (1/8th) inch scale CAD drawingsthe dimensions and conditions as shown on the relevant portions of the existing Building plans; Landlord shall have no responsibility in connection therewith. Lessor's Landlord’s review of the Construction Drawings as set forth in this SECTION 3, shall be for its sole purpose and shall not imply Lessor's review Landlord’s approval of the same, or obligate Lessor to review the same, same for quality, design, compliance with Applicable Law applicable Laws or other like matters. Accordingly, notwithstanding that any Construction Drawings are reviewed by Lessor or its space planner, architect, engineers and consultants, and notwithstanding any advice or assistance which may be rendered to Lessee by Lessor or Lessor's space planner, architect, engineers, and consultants, Lessor Landlord shall have no liability whatsoever in connection therewith and shall not be responsible for any omissions or errors contained in the Construction Drawings, and Lessee's without limiting the scope thereof, Tenant’s waiver and indemnity set forth in the Lease shall specifically apply to the Construction Drawings. Furthermore, Lessee and Architect shall verify, in the field, the dimensions and conditions as shown on the relevant portions of any existing plans for the Premises and/or Building, and Lessee and Architect shall be solely responsible for the same, and Lessor shall have no responsibility in connection therewith.

Appears in 1 contract

Samples: Lease Agreement (Verigy Ltd.)

Construction Drawings. (a) SELECTION OF ARCHITECT/CONSTRUCTION DRAWINGS. Lessee shall retain an architect/space planner (If the "Architect") approved by Lessor, which approval shall not be unreasonably withheld, to prepare preparation of the Construction Drawings. Lessee shall retain engineering consultants Drawings requires the nput of engineers (the "Engineers") approved ), as reasonably determined by LessorLandlord, which approval Architect shall not be unreasonably withheld, retain Engineers hat are reasonably acceptable to Landlord to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing, HVAC, life-life safety, and sprinkler work in the Premises in connection with the Lessee ImprovementsExpansion Space. The plans and drawings specifications to be prepared by the Architect and the Engineers hereunder shall reflect only he improvements described on the Space Plan and shall be known collectively as the "Construction Drawings"." Tenant and Architect shall verify, in the field, the dimensions of the Expansion Space and the conditions at the Expansion Space, and Tenant and Architect shall be solely responsible for the same, and Landlord shall have no responsibility in connection therewith. All Landlord shall have the right to approve the Construction Drawings in Landlord's reasonable discretion, and the Construction Drawings shall be professionally prepared consistent with drawings for comparable construction projects at comparable buildings in not materially deviate from the San Mateo/Xxxxxx City area, using one-eighth (1/8th) inch scale CAD drawingsSpace Plan. LessorLandlord's review of the Construction Drawings as set forth in this SECTION 3, shall be are for its sole purpose benefit and Landlord shall not imply Lessorhave no liabiity to Tenant or Tenant's review contractors arising out of the same, or obligate Lessor to review the same, for quality, design, compliance with Applicable Law or other like mattersbased on Landlord's review. Accordingly, notwithstanding notwithstandi ng that any Construction Drawings ConstructionDrawings are reviewed by Lessor Landlord or its ts space planner, architect, ,engineers and consultants, and notwithstanding any advice or assistance which may be rendered to Lessee Tenant or Tenant's Architect, Engineers or contractors by Lessor Landlord or LessorLandlord's space planner, architect, engineers, engineers and consultants, Lessor Landlord shall have no liability whatsoever in i n connection therewith herewith and shall not be responsible for any omissions or errors contained arising therefrom. (c) Permits and Changes. The Construction Drawings approved by Landlord (the "Final Construction Drawings") shall be submitted by Tenant to the appropriate governmental agencies in order to obtain all applicable building permits. Prior to commencing construction of the Improvements, Tenant shall provide Landlord with copies of the permits. Tenant hereby agrees that neither Landlord nor Landlord's consultants shall be responsible for obtaining any building permits or a certificate of occupancy for the Expansion Space and that obtaining the same shall be Tenant's sole responsibility; provided, however,that Landlord shall cooperate with Tenant in executing permit applications and performing other ministerial acts reasonably necessary to enable Tenant to obtain any such permits or certificate of occupancy. No changes, modifications or alterations in the Final Construction DrawingsDrawings may be made without the prior written consent of Landlord, and Lessee's waiver and indemnity set forth in the Lease which consent shall specifically apply to the Construction Drawingsnot be unreasonably withheld or delayed. Furthermore, Lessee and Architect shall verify, in the field, the dimensions and conditions as shown on the relevant portions of any existing plans for the Premises and/or Building, and Lessee and Architect (d) Compliance with Laws.Tenant shall be solely responsible for constructing the sameImprovements in compliance with all laws. Tenant acknowledges and agrees that it may be obligated to modify, alter or upgrade the Expansion Space and Lessor the systems thereinin order to complete the construction of the Improvements,and Landlord shall have no liability or responsibility for modifying,altering or upgrading the Expansion Space or its existi ng systems. If,as a result of Improvements constructed in connection therewithaccordance with this Third Amendment, Landlord is obligated to comply with the Americans With Disabilities Act and such compliance requires Landlord to make any improvements or alterations to any portion of the Development in the common areas of the Development outside the Expansion Space and Existing Premises (an "Exterior Alteration"), Landlord shall pay the cost of making the Exterior Alteration at Landlord's sole cost and expense and the cost of the Exterior Alteration shall not be paid from the Improvement Allowance.

Appears in 1 contract

Samples: Iteris, Inc.

Construction Drawings. Tenant will provide Landlord with construction drawings for Tenant’s Work (a“Construction Drawings”) SELECTION OF ARCHITECT/CONSTRUCTION DRAWINGSprepared by Fox Architects. Lessee shall retain Landlord will approve or disapprove the Construction Drawings in writing within ten (10) days after receipt. Landlord will not withhold its approval except for reasonable cause and will not act in an architect/space planner (the "Architect") approved by Lessor, which approval shall not be unreasonably withheld, to prepare arbitrary or capricious manner in connection with approving the Construction Drawings. Lessee shall retain engineering consultants (the "Engineers") approved by Lessor, which approval shall not be unreasonably withheld, to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing, HVAC, life-safety, and sprinkler work in the Premises in connection with the Lessee Improvements. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the "Construction Drawings". All Construction Drawings shall be professionally prepared consistent with drawings for comparable construction projects at comparable buildings in the San Mateo/Xxxxxx City area, using one-eighth (1/8th) inch scale CAD drawings. Lessor's review Landlord’s disapproval of the Construction Drawings as set forth in this SECTION 3, shall be for its sole purpose and shall not imply Lessor's review of the same, or obligate Lessor to review the same, for quality, design, compliance with Applicable Law or other like matters. Accordingly, notwithstanding that any Construction Drawings are reviewed by Lessor or its space planner, architect, engineers and consultants, and notwithstanding any advice or assistance which may be rendered to Lessee by Lessor or Lessor's space planner, architect, engineers, and consultants, Lessor shall have no liability whatsoever in connection therewith and shall not be responsible for considered unreasonable if any omissions of the work contemplated is likely to adversely affect Building systems, the structure of the Building, or errors contained the safety of the Building and/or its occupants; might impair Landlord’s ability to furnish services to Tenant or other tenants in the Building; would increase the cost of operating the Building; would violate any laws; contains or uses hazardous materials; would adversely affect the exterior appearance of the Building; might adversely affect another tenant’s premises; or is likely to be substantially delayed because of unavailability of materials or labor. If Landlord disapproves the Construction Drawings, and Lessee's waiver and indemnity set forth in the Lease shall specifically apply to Tenant will revise the Construction DrawingsDrawings and submit the same to Landlord. FurthermoreThis process shall be repeated until the Construction Drawings are approved by Landlord (the “Final Plans”). Tenant shall be responsible for obtaining a building permit for Tenant’s Work consistent with the Final Plans. Tenant represents and warrants that the Final Plans and the Tenant’s Work contemplated thereby shall be in compliance with applicable building and zoning laws, Lessee ordinances, regulations and Architect shall verifyany covenants, in conditions or restrictions affecting the field, the dimensions and conditions as shown on the relevant portions of any existing plans for the Premises and/or Building, and Lessee that the same will be in accordance with good engineering and Architect architectural practice. Any approval by Landlord of any of the Construction Drawings shall not in any way constitute a representation or warranty of Landlord as to the adequacy or sufficiency of such drawings, or Tenant’s Work, for any reason, purpose or condition, but such approval shall merely be solely responsible for the sameconsent of Landlord, and Lessor shall have no responsibility as may be required hereunder, in connection therewithwith performance of Tenant’s Work in accordance with the Final Plans.

Appears in 1 contract

Samples: Work Letter Agreement (Gtsi Corp)

Construction Drawings. (a) SELECTION OF ARCHITECT/CONSTRUCTION DRAWINGS. Lessee shall retain an architect/space planner (the "Architect") approved by Lessor, which approval shall not be unreasonably withheld, to prepare the Construction Drawings. Lessee shall retain engineering consultants (the "Engineers") approved by Lessor, which approval shall not be unreasonably withheld, to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing, HVAC, life-safety, and sprinkler work in the Premises in connection with the Lessee Improvements. The plans and drawings to be prepared by Architect and for the Engineers hereunder Improvements shall be known collectively herein as the "Construction Drawings." If Landlord fails to respond to a request for approval to any Construction Drawings within the applicable time periods set forth below, Tenant may deliver a EXHIBIT B-1- [Reddit, Inc.] 000 XXXXXX XXXXXX Xxxxx Xxxxx written "reminder notice", informing Landlord that it has failed to respond, and warning that a continued failure may result in a "deemed approval". If Landlord fails to respond to such "reminder notice" within five (5) business days, then Landlord shall be deemed to have approved the submitted applicable Construction Drawings. All Construction Drawings shall be professionally prepared consistent by Tenant pursuant to the terms of this Work Letter, comply with drawings for comparable construction projects at comparable buildings in the San Mateo/Xxxxxx City areadrawing format and specifications reasonably determined by Landlord, using one-eighth (1/8th) inch scale CAD drawings. Lessorand be subject to Landlord's review of approval, such approval not to be unreasonably withheld, conditioned or delayed, except if the Construction Drawings are incomplete in any material respect or a Design Problem exists (collectively, "Landlord's Consent Standard"). Tenant and Architect (as defined in Section 3.7 below) shall verify, in the field, the dimensions and conditions as shown on the relevant portions of the Base Building plans that can be verified by visual inspection without penetrating walls, columns, core areas, or floor and ceiling slabs, and to such extent, Tenant and Architect shall be solely responsible for the same (subject to Landlord's approval rights set forth in this SECTION Section 3, shall be for its sole purpose and shall not imply Lessor's review of the same, or obligate Lessor to review the same, for quality, design, compliance with Applicable Law or other like matters). Accordingly, notwithstanding Notwithstanding that any Construction Drawings are reviewed or approved by Lessor Landlord or its space planner, architect, engineers and consultants, and notwithstanding any advice or assistance which may be rendered to Lessee Tenant by Lessor Landlord or LessorLandlord's space planner, architect, engineers, and consultants, Lessor Landlord shall have no liability whatsoever in connection therewith therewith, except to the extent that Landlord has specifically required a particular modification to the Construction Drawings as a condition to Landlord's approval of the same, and shall not be responsible for any omissions or errors contained in the Construction Drawings, . Tenant acknowledges and Lessee's waiver and indemnity set forth in the Lease shall specifically apply agrees that any Construction Drawings submitted by Tenant or its agents to Landlord for approval pursuant to the Construction Drawings. Furthermore, Lessee and Architect terms of this Work Letter shall verify, in the field, the dimensions and conditions as shown on the relevant portions of any existing plans for the Premises and/or Building, and Lessee and Architect shall be solely responsible for the same, and Lessor shall have no responsibility in connection therewithconstitute Tenant's approval thereof.

Appears in 1 contract

Samples: Office Lease (Reddit, Inc.)

Construction Drawings. (a) SELECTION OF ARCHITECT/CONSTRUCTION DRAWINGS. Lessee Upon full execution of this Lease, Landlord shall retain hire an architect/space planner architect and engineer, reasonably acceptable to Tenant to perform the drawings of Landlord’s Work (the "Architect"”Construction Drawings”). Landlord’s Work will be based on the Approved Space Plan and shall be performed in accordance to Landlord’s Tenant Improvement Standards. The Construction Documents are subject to the approval of Landlord and Tenant. Tenant hereby authorizes Bxxxx Xxxxxxxx to act on its behalf for approvals and decisions required in the performance of Landlord’s Work. Tenant shall have five business days from their receipt in which to approve the Construction Drawings in writing to Landlord (or approve with corrections). If Tenant fails to respond within five business days, the Construction Drawings will be deemed to be approved. Upon approval, Landlord will apply for a building permit and bid Landlord’s Work to at least three (3) approved general contractors with at least one contractor chosen by LessorLandlord and one contractor chosen by Tenant. Tenant may provide up to two additional general contractors to bid on the construction of Landlord’s Work, which approval shall not be unreasonably withheldso long as they are, in Landlord’s reasonable discretion, qualified to prepare construct Landlord’s Work and Tenant provides Landlord with the contractor’s contact information within three days of Landlord’s request. Upon receipt of the bids, Landlord will evaluate the bids with Tenant and they will jointly select the low bidder who is qualified to construct Landlord’s Work (the “Contractor”). Landlord will also obtain proposals from vendors (the “Ancillary Vendors”) for performing other ancillary work required to complete Landlord’s Work such as ADT for the fire alarm system and the architect and [****] Confidential treatment requested pursuant to a request for confidential treatment filed with the Securities and Exchange Commission. Omitted portions have been separately filed with the Commission. engineers for the Construction Drawings. Lessee Contracts for Landlord’s Work including Contractor, architects, engineers, Ancillary Vendors, etc. will be in Landlord’s name. All of Landlord’s Work including the cost of the Contractor, Construction Drawings, permit, and Ancillary Vendors (“Landlord’s Work Costs”) shall retain engineering consultants be paid out of the Allowance, Additional Allowance, or by Tenant. Promptly following the selection of the Contractor, Landlord shall deliver to Tenant a statement of the cost to construct and install all of the Landlord’s Work (the "EngineersCost Statement"), showing anticipated distribution of the Allowance and Additional Allowance. Within three (3) business days of Tenant’s receipt of the Cost Statement, Tenant shall accept the Cost Statement in writing or request revisions to the extent such Cost Statement is inconsistent with the bid of the Contractor or this Agreement. Landlord shall have three (3) business days after receipt of Tenant’s comments in which to give to Tenant a revised Cost Statement. This process shall continue until such time that Tenant approves the Cost Statement in accordance with this paragraph. If Tenant does not respond within three (3) business days to any of Landlord’s submissions of Cost Statements, the Cost Statement shall be deemed approved by Lessor, which approval Tenant. Landlord shall not charge a management fee for overseeing Landlord’s Work. Upon receipt of the building permit for Landlord’s Work, Landlord will sign the construction contract with the Contractor and authorize the construction of Landlord’s Work on a commercially reasonable schedule. Landlord’s Work Costs shall be unreasonably withheldpaid for by Landlord using the Allowance. If Landlord’s Work costs more than the Allowance, Tenant will pay Landlord the difference within thirty (30) days of Landlord’s invoice and/or agree in writing to prepare use the Additional Allowance to pay for the difference. If Landlord’s Work does not utilize all plans of the Allowance, Tenant may submit an invoice to Landlord for the balance of the Allowance (the “Unused Allowance”). Such invoice shall be accompanied by back up information showing costs paid by Tenant for work such as the construction of [****], data and engineering working drawings relating to the structural, mechanical, electrical, plumbing, HVAC, life-safetytelecommunications wiring, and sprinkler work in the Premises in connection with the Lessee Improvementsother moving expenses. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively So long as the "Construction Drawings". All Construction Drawings total of such backup information exceeds the remaining Unused Allowance, Landlord shall be professionally prepared consistent with drawings for comparable construction projects at comparable buildings in pay Tenant the San Mateo/Xxxxxx City area, using one-eighth Unused Allowance within thirty (1/8th30) inch scale CAD drawings. Lessor's review of the Construction Drawings as set forth in this SECTION 3, shall be for its sole purpose and shall not imply Lessor's review of the same, or obligate Lessor to review the same, for quality, design, compliance with Applicable Law or other like matters. Accordingly, notwithstanding that any Construction Drawings are reviewed by Lessor or its space planner, architect, engineers and consultants, and notwithstanding any advice or assistance which may be rendered to Lessee by Lessor or Lessor's space planner, architect, engineers, and consultants, Lessor shall have no liability whatsoever in connection therewith and shall not be responsible for any omissions or errors contained in the Construction Drawings, and Lessee's waiver and indemnity set forth in the Lease shall specifically apply to the Construction Drawings. Furthermore, Lessee and Architect shall verify, in the field, the dimensions and conditions as shown on the relevant portions of any existing plans for the Premises and/or Building, and Lessee and Architect shall be solely responsible for the same, and Lessor shall have no responsibility in connection therewithdays.

Appears in 1 contract

Samples: Lease Agreement (Charles & Colvard LTD)

Construction Drawings. If the preparation of the Construction Drawings requires the input of engineers (a) SELECTION OF ARCHITECT/CONSTRUCTION DRAWINGS. Lessee the “Engineers”), as reasonably determined by Landlord, Architect shall retain an architect/space planner (the "Architect") approved by Lessor, which approval shall not be unreasonably withheld, Engineers that are reasonably acceptable to prepare the Construction Drawings. Lessee shall retain engineering consultants (the "Engineers") approved by Lessor, which approval shall not be unreasonably withheld, Landlord to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing, HVAC, life-life safety, and sprinkler work in the Premises in connection with the Lessee ImprovementsExpansion Space. The plans and drawings specifications to be prepared by the Architect and the Engineers hereunder shall reflect only the improvements described on the Space Plan and shall be known collectively as the "Construction Drawings".” Tenant and Architect shall verify, in the field, the dimensions of the Expansion Space and the conditions at the Expansion Space, and Tenant and Architect shall be solely responsible for the same, and Landlord shall have no responsibility in connection therewith. All Landlord shall have the right to approve the Construction Drawings in Landlord’s reasonable discretion, and the Construction Drawings shall be professionally prepared consistent with drawings for comparable construction projects at comparable buildings in not materially deviate from the San Mateo/Xxxxxx City area, using one-eighth (1/8th) inch scale CAD drawingsSpace Plan. Lessor's Landlord’s review of the Construction Drawings as set forth in this SECTION 3, shall be are for its sole purpose benefit and Landlord shall not imply Lessor's review have no liability to Tenant or Tenant’s contractors arising out of the same, or obligate Lessor to review the same, for quality, design, compliance with Applicable Law or other like mattersbased on Landlord’s review. Accordingly, notwithstanding that any Construction Drawings are reviewed by Lessor Landlord or its space planner, architect, engineers and consultants, and notwithstanding any advice or assistance which may be rendered to Lessee Tenant or Tenant’s Architect, Engineers or contractors by Lessor Landlord or Lessor's Landlord’s space planner, architect, engineers, engineers and consultants, Lessor Landlord shall have no liability whatsoever in connection therewith and shall not be responsible for any omissions or errors contained in the Construction Drawings, and Lessee's waiver and indemnity set forth in the Lease shall specifically apply to the Construction Drawings. Furthermore, Lessee and Architect shall verify, in the field, the dimensions and conditions as shown on the relevant portions of any existing plans for the Premises and/or Building, and Lessee and Architect shall be solely responsible for the same, and Lessor shall have no responsibility in connection therewitharising therefrom.

Appears in 1 contract

Samples: To Lease (Iteris, Inc.)

Construction Drawings. (a) SELECTION OF ARCHITECT/CONSTRUCTION DRAWINGS. Lessee Tenant shall retain an architect/space planner (be responsible for the "Architect") approved by Lessordrafting, which approval shall not be unreasonably withheld, to prepare the Construction Drawings. Lessee shall retain engineering consultants (the "Engineers") approved by Lessor, which approval shall not be unreasonably withheld, to prepare permitting and completion of all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing, HVAC, life-safety, and sprinkler work in the Premises in connection associated with the Lessee construction of the Tenant Improvements. The plans and drawings to be prepared by the Architect and Engineers, including without limitation the Engineers hereunder architectural, mechanical, plumbing and electrical drawings shall be collectively known collectively as the "Construction Drawings". All Construction Drawings shall be professionally prepared consistent subject to Landlord’s approval provided, however, that Landlord may withhold its approval in its sole discretion (including but not limited to Landlord’s determination that that the proposed improvements: (i) do not comply with drawings Landlord’s Building standards for comparable construction projects at comparable buildings materials, design parameters for MEP systems and compatibility with the fire life safety systems, (ii) adversely affect the structural elements of the Building, (iii) do not match well with Common Area finishes, or (iv) tax the Building’s systems beyond the specifications allowed by Landlord. If Landlord so objects, then Tenant shall submit revised Design Intent Drawings to Landlord as soon as reasonably possible after objection and Landlord shall approve or disapprove in accordance with the San Mateo/Xxxxxx City areasame procedures. Tenant shall obtain all necessary permits and licenses required in connection with Tenant’s Work, using one-eighth and shall cause all Tenant’s Work to be completed in accordance with applicable laws. Tenant shall pay all cost of Tenant’s Work (1/8thsubject to reimbursement in accordance with Section 1.1 hereof) inch scale CAD drawingsand shall otherwise comply with those provisions of the Lease pertaining to mechanics’ liens. Lessor's The reviews and revisions of the Construction Drawings shall be performed in good faith by both parties. Landlord’s review of the Construction Drawings as set forth in this SECTION 3, shall be for its sole purpose and shall not imply Lessor's Landlord’s review of the same, or obligate Lessor to review the same, same for quality, design, code compliance with Applicable Law or other like matters. Accordingly, notwithstanding that any Construction Drawings are reviewed by Lessor or its space planner, architect, engineers matters and consultants, and notwithstanding any advice or assistance which may be rendered to Lessee by Lessor or Lessor's space planner, architect, engineers, and consultants, Lessor Landlord shall have no liability whatsoever in connection therewith and nor shall not Landlord be responsible for any omissions or errors contained in within such drawings or documents. Upon completion of the Construction Drawings, and Lessee's waiver and indemnity set forth in the Lease shall specifically apply application should be made to the Construction Drawings. Furthermore, Lessee and Architect shall verify, in the field, the dimensions and conditions as shown on the relevant portions of any existing plans appropriate building department for the Premises and/or Building, and Lessee and Architect shall be solely responsible for the same, and Lessor shall have no responsibility in connection therewitha building permit by Tenant.

Appears in 1 contract

Samples: Lease Agreement (Switch, Inc.)

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Construction Drawings. (a) SELECTION OF ARCHITECT/CONSTRUCTION DRAWINGS. Lessee Upon full execution of this Lease, Landlord shall retain hire an architect/space planner architect and engineer, reasonably acceptable to Tenant to perform the drawings of Landlord’s Work (the "Architect"”Construction Drawings”). Landlord’s Work will be based on the Approved Space Plan and shall be performed in accordance to Landlord’s Tenant Improvement Standards. The Construction Documents are subject to the approval of Landlord and Tenant. Tenant hereby authorizes Xxxxx Xxxxxxxx to act on its behalf for approvals and decisions required in the performance of Landlord’s Work. Tenant shall have five business days from their receipt in which to approve the Construction Drawings in writing to Landlord (or approve with corrections). If Tenant fails to respond within five business days, the Construction Drawings will be deemed to be approved. Upon approval, Landlord will apply for a building permit and bid Landlord’s Work to at least three (3) approved general contractors with at least one contractor chosen by LessorLandlord and one contractor chosen by Tenant. Tenant may provide up to two additional general contractors to bid on the construction of Landlord’s Work, which approval shall not be unreasonably withheldso long as they are, in Landlord’s reasonable discretion, qualified to prepare construct Landlord’s Work and Tenant provides Landlord with the contractor’s contact information within three days of Landlord’s request. Upon receipt of the bids, Landlord will evaluate the bids with Tenant and they will jointly select the low bidder who is qualified to construct Landlord’s Work (the “Contractor”). Landlord will also obtain proposals from vendors (the “Ancillary Vendors”) for performing other ancillary work required to complete Landlord’s Work such as ADT for the fire alarm system and the architect and engineers for the Construction Drawings. Lessee Contracts for Landlord’s Work including Contractor, architects, engineers, Ancillary Vendors, etc. will be in Landlord’s name. All of Landlord’s Work including the cost of the Contractor, Construction Drawings, permit, and Ancillary Vendors (“Landlord’s Work Costs”) shall retain engineering consultants be paid out of the Allowance, Additional Allowance, or by Tenant. Promptly following the selection of the Contractor, Landlord shall deliver to Tenant a statement of the cost to construct and install all of the Landlord’s Work (the "EngineersCost Statement"), showing anticipated distribution of the Allowance and Additional Allowance. Within three (3) business days of Tenant’s receipt of the Cost Statement, Tenant shall accept the Cost Statement in writing or request revisions to the extent such Cost Statement is inconsistent with the bid of the Contractor or this Agreement. Landlord shall have three (3) business days after receipt of Tenant’s comments in which to give to Tenant a revised Cost Statement. This process shall continue until such time that Tenant approves the Cost Statement in accordance with this paragraph. If Tenant does not respond within three (3) business days to any of Landlord’s submissions of Cost Statements, the Cost Statement shall be deemed approved by Lessor, which approval Tenant. Landlord shall not charge a management fee for overseeing Landlord’s Work. Upon receipt of the building permit for Landlord’s Work, Landlord will sign the construction contract with the Contractor and authorize the construction of Landlord’s Work on a commercially reasonable schedule. Landlord’s Work Costs shall be unreasonably withheldpaid for by Landlord using the Allowance. If Landlord’s Work costs more than the Allowance, Tenant will pay Landlord the difference within thirty (30) days of Landlord’s invoice and/or agree in writing to prepare use the Additional Allowance to pay for the difference. If Landlord’s Work does not utilize all plans of the Allowance, Tenant may submit an invoice to Landlord for the balance of the Allowance (the “Unused Allowance”). Such invoice shall be accompanied by back up information showing costs paid by Tenant for work such as the construction of [****], data and engineering working drawings relating to the structural, mechanical, electrical, plumbing, HVAC, life-safetytelecommunications wiring, and sprinkler work in the Premises in connection with the Lessee Improvementsother moving expenses. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively So long as the "Construction Drawings". All Construction Drawings total of such backup information exceeds the remaining Unused Allowance, Landlord shall be professionally prepared consistent with drawings for comparable construction projects at comparable buildings in pay Tenant the San Mateo/Xxxxxx City area, using one-eighth Unused Allowance within thirty (1/8th30) inch scale CAD drawings. Lessor's review of the Construction Drawings as set forth in this SECTION 3, shall be for its sole purpose and shall not imply Lessor's review of the same, or obligate Lessor to review the same, for quality, design, compliance with Applicable Law or other like matters. Accordingly, notwithstanding that any Construction Drawings are reviewed by Lessor or its space planner, architect, engineers and consultants, and notwithstanding any advice or assistance which may be rendered to Lessee by Lessor or Lessor's space planner, architect, engineers, and consultants, Lessor shall have no liability whatsoever in connection therewith and shall not be responsible for any omissions or errors contained in the Construction Drawings, and Lessee's waiver and indemnity set forth in the Lease shall specifically apply to the Construction Drawings. Furthermore, Lessee and Architect shall verify, in the field, the dimensions and conditions as shown on the relevant portions of any existing plans for the Premises and/or Building, and Lessee and Architect shall be solely responsible for the same, and Lessor shall have no responsibility in connection therewithdays.

Appears in 1 contract

Samples: Lease Agreement (Charles & Colvard LTD)

Construction Drawings. (a) SELECTION OF ARCHITECTSelection of Architect/CONSTRUCTION DRAWINGSConstruction Drawings. Lessee Tenant shall retain an architect/space planner approved in writing by Landlord (the "Architect") approved by Lessor, which approval shall not be unreasonably withheld, to prepare the Construction Drawings,” as that term is defined in this Section 2. Lessee Tenant shall retain engineering consultants approved in writing by Landlord (the "Engineers") approved by Lessor, which approval shall not be unreasonably withheld, to prepare all plans and engineering working drawings relating to the any structural, mechanical, electrical, plumbing, HVAC, life-life safety, and sprinkler work in the Premises in connection with the Lessee ImprovementsShell Space. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the "Construction Drawings". .” All Construction Drawings shall comply with the drawing format and specifications determined by Landlord, and shall be professionally prepared consistent with drawings for comparable construction projects at comparable buildings subject to Landlord’s approval. Tenant and Architect shall verify, in the San Mateo/Xxxxxx City areafield, using one-eighth (1/8th) inch scale CAD drawingsthe dimensions and conditions as shown on the relevant portions of the base building plans, and Tenant and Architect shall be solely responsible for the same, and Landlord shall have no responsibility in connection therewith. Lessor's Landlord’s review of the Construction Drawings as set forth in this SECTION 3Section 1, shall be for its sole purpose and shall not imply Lessor's Landlord’s review of the same, or obligate Lessor Landlord to review the same, for quality, design, code compliance with Applicable Law or other like matters. Accordingly, notwithstanding that any Construction Drawings are reviewed by Lessor Landlord or its space planner, architect, engineers and consultants, and notwithstanding any advice or assistance which may be rendered to Lessee Tenant by Lessor Landlord or Lessor's Landlord’s space planner, architect, engineers, and consultants, Lessor Landlord shall have no liability whatsoever in connection therewith and shall not be responsible for any omissions or errors contained in the Construction Drawings, and Lessee's Tenant’s waiver and indemnity set forth in the this Lease shall specifically apply to the Construction Drawings. Furthermore, Lessee and Architect shall verify, in the field, the dimensions and conditions as shown on the relevant portions of any existing plans for the Premises and/or Building, and Lessee and Architect shall be solely responsible for the same, and Lessor shall have no responsibility in connection therewith.

Appears in 1 contract

Samples: Commercial Lease (Hei Inc)

Construction Drawings. (a) SELECTION OF ARCHITECT/CONSTRUCTION DRAWINGS. Lessee Landlord, at its sole cost and expense, shall retain an architect/space planner construct the improvements in the Premises (the "Architect"“Tenant Improvements”) approved pursuant to that certain space plan prepared by LessorXxxxxxx and Wall dated July 19, 2010 attached hereto and incorporated herein by reference (the “Space Plan”). Tenant may request modifications to the Space Plan after the date of this Amendment. Any such modifications shall be subject to Landlord’s approval, which approval shall not be unreasonably withheld, conditioned, or delayed, provided Landlord shall not be required to prepare approve any modifications to the Construction DrawingsSpace Plan that would materially and unreasonably delay Substantial Completion of the Tenant Improvements and provided further that Tenant shall be responsible for any material increased costs resulting from any such Tenant-requested modifications. Lessee All changes or modifications approved in accordance with this Section shall be incorporated into the Space Plan and made. Landlord shall retain an architect (the “Architect”) and engineering consultants (the "Engineers") approved by Lessorto prepare plans and engineering working drawings for the Tenant Improvements in accordance with the Space Plan and in accordance with applicable law and regulation, which plans and drawings shall be subject to Landlord’s and Tenant’s express written approval, which written approval shall not be unreasonably conditioned or delayed (the “Approved Working Drawings”). Tenant shall be permitted to select all floor and wall coverings in its sole discretion, provided that if the cost of Tenant’s wall or floor coverings exceed the cost of building-standard wall or floor coverings, then Tenant shall be responsible for such excess costs. Any other finish specifications that are not set forth on the Approved Working Drawings shall conform to building standards or shall be subject to Landlord’s prior written approval which shall not be unreasonably withheld. Tenant shall make no changes or modifications to the Approved Working Drawings without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion if such change or modification would delay Substantial Completion of the Premises or increase the cost of designing or constructing the Tenant Improvements, provided that if such change is a governmental, safety or regulatory requirement that change shall be made at Landlord’s cost and expense. For purposes of clarity, the Parties agree that Landlord may request modifications to the Space Plan subject to Tenant’s approval, which shall not be unreasonably withheld, to prepare all plans and engineering working drawings relating conditioned or delayed, which changses will be subject to the structural, mechanical, electrical, plumbing, HVAC, life-safety, and sprinkler work in the Premises in connection with the Lessee Improvements. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the "Construction Drawings". All Construction Drawings shall be professionally prepared consistent with drawings for comparable construction projects at comparable buildings in the San Mateo/Xxxxxx City area, using one-eighth (1/8th) inch scale CAD drawings. Lessor's review of the Construction Drawings as set forth in this SECTION 3, shall be for its sole purpose and shall not imply Lessor's review of the same, or obligate Lessor to review the same, for quality, design, compliance with Applicable Law or other like matters. Accordingly, notwithstanding that any Construction Drawings are reviewed by Lessor or its space planner, architect, engineers and consultants, and notwithstanding any advice or assistance which may be rendered to Lessee by Lessor or Lessor's space planner, architect, engineers, and consultants, Lessor shall have no liability whatsoever in connection therewith and shall not be responsible for any omissions or errors contained in the Construction Drawings, and Lessee's waiver and indemnity set forth in the Lease shall specifically apply to the Construction Drawings. Furthermore, Lessee and Architect shall verify, in the field, the dimensions terms and conditions as shown on the relevant portions of any existing plans for the Premises and/or Building, and Lessee and Architect shall be solely responsible for the same, and Lessor shall have no responsibility in connection therewiththis Work Letter.

Appears in 1 contract

Samples: Lease (Supergen Inc)

Construction Drawings. If Landlord or Tenant expressly disapproves the T.I. Construction Drawings, then Landlord or Tenant, as the case may be, shall, as part of its disapproval notice, (ai) SELECTION OF ARCHITECT/CONSTRUCTION DRAWINGS. Lessee shall retain an architect/space planner approve those portions which are acceptable, and (ii) disapprove those portions which are not acceptable, specifying the "Architect") reasons for such disapproval and describing the changes the disapproving party requests for each item disapproved, provided Tenant may only disapprove the T.I. Construction Drawings if same materially deviates from the Space Plan approved by Lessor, which Tenant pursuant to this Work Letter (as determined by Tenant in its reasonable discretion). Landlord or Tenant’s failure to deliver its approval or disapproval notice within such five (5) business day period shall not be unreasonably withheld, to prepare deemed such party’s approval of the T.I. Construction Drawings so submitted. Within ten (10) business days following either party’s disapproval of any portion of the T.I. Construction Drawings. Lessee , Landlord shall retain engineering consultants (have the "Engineers") approved by Lessor, which approval shall not be unreasonably withheld, to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing, HVAC, life-safety, and sprinkler work in the Premises in connection with the Lessee Improvements. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the "Construction Drawings". All T.I. Construction Drawings shall be professionally prepared consistent with drawings for comparable construction projects at comparable buildings in revised to incorporate the San Mateo/Xxxxxx City area, using one-eighth (1/8th) inch scale CAD drawingschanges requested by the disapproving party and deliver the revised T.I. Construction Drawings to both Landlord and Tenant. Lessor's review Tenant acknowledges that Landlord is relying on Tenant’s timely submittal of the MEP/Lab Program and Manufacturing/Lab Layout and approval of the T.I. Construction Drawings as set forth in this SECTION 3, shall be for its sole purpose and shall not imply Lessor's review order to allow Landlord to attempt to deliver the Expansion Space on the Estimated Date of the same, or obligate Lessor to review the same, for quality, design, compliance with Applicable Law or other like mattersSubstantial Completion. Accordingly, notwithstanding that any Construction for each day which passes after the date(s)/time EXHIBIT “B” frames required for performance for such delivery of the MEP/Lab Program and Manufacturing/Lab Layout and/or approval of the Space Plan, the MEP Fully Engineered Drawings are reviewed by Lessor or its space planner, architect, engineers and consultants, and notwithstanding any advice or assistance which may be rendered to Lessee by Lessor or Lessor's space planner, architect, engineers, and consultants, Lessor shall have no liability whatsoever in connection therewith and shall not be responsible for any omissions or errors contained in the T.I. Construction Drawings, and Lessee's waiver and indemnity set forth in the Lease but prior to Tenant performing such obligations, shall specifically apply to the Construction Drawings. Furthermore, Lessee and Architect shall verify, in the field, the dimensions and conditions constitute a Tenant Delay (as shown on the relevant portions of any existing plans for the Premises and/or Building, and Lessee and Architect shall be solely responsible for the same, and Lessor shall have no responsibility in connection therewithsuch term is defined hereinbelow).

Appears in 1 contract

Samples: Settlement and Release Agreement (GenMark Diagnostics, Inc.)

Construction Drawings. After the Effective Date of this First Amendment, Tenant shall, at Tenant’s expense (asubject to allocation of the TI Allowance), prepare construction drawings depicting the proposed Tenant Improvement Work (“Construction Drawings”) SELECTION OF ARCHITECT/CONSTRUCTION DRAWINGS. Lessee shall retain an architect/space planner (the "Architect") approved by Lessor, for Landlord’s prior written approval; which approval shall not be unreasonably withheldwithheld or conditioned by Landlord (except to the extent Tenant proposes any structural alterations for which such approvals shall be in Landlord’s sole discretion), and shall be granted or withheld (with reasonable rationale) by Landlord within fourteen (14) business days of Xxxxxx’s request. Subject to prepare the foregoing, Landlord and Tenant agree that Tenant shall be permitted to install interior staircases (which may be staggered or meandering), one or more kitchens in the Premises, certain Alterations to the Office Unit and the parking facility to construct a private entrance to the 5th floor of the Office Unit with direct access to the top level of the parking facility (and notwithstanding anything to the contrary in this Lease, Landlord shall not unreasonably withhold or condition its approval of structural alterations related thereto, if such structural alterations are reasonably necessary). In the event that Xxxxxxxx fails to timely approve or disapprove of the Construction Drawings, Tenant shall deliver a second written notice to Landlord for approval. Lessee After delivery of the second written notice, Landlord shall retain engineering consultants grant or withhold approval within ten (10) business days thereafter, failing which the "Engineers") approved by Lessor, which approval shall not be unreasonably withheld, to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing, HVAC, life-safety, and sprinkler work in the Premises in connection with the Lessee Improvements. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the "Construction Drawings". All proposed Construction Drawings shall be professionally prepared consistent with drawings for comparable construction projects at comparable buildings in deemed approved by Landlord. Upon Landlord’s approval hereunder (or deemed approval), such proposed Construction Drawings shall be deemed to be the San Mateo/Xxxxxx City area“Final Construction Drawings”. Tenant hereby acknowledges that, using one-eighth (1/8th) inch scale CAD drawings. Lessor's review notwithstanding Landlord’s approval of the Construction Drawings as set forth in this SECTION 3proposed Tenant Improvement Work, shall be for its sole purpose and shall not imply Lessor's review of Landlord has made no representation or warranty to Tenant with respect to whether the same, or obligate Lessor to review the same, for quality, design, compliance with Applicable Law or other like matters. Accordingly, notwithstanding that any Construction Drawings are reviewed by Lessor or its space planner, architect, engineers and consultants, and notwithstanding any advice or assistance which may be rendered to Lessee by Lessor or Lessor's space planner, architect, engineers, and consultants, Lessor shall have no liability whatsoever in connection therewith and shall not be responsible same is acceptable for any omissions governmental approvals and permits or errors contained in the Construction Drawings, and Lessee's waiver and indemnity set forth in the Lease shall specifically apply with respect to the Construction Drawings. Furthermore, Lessee design and Architect shall verify, in the field, the dimensions and conditions as shown on the relevant portions engineering of any existing plans for the Premises and/or Building, and Lessee and Architect shall be solely responsible for the same, and Lessor shall have no responsibility in connection therewith.such work. 6.5

Appears in 1 contract

Samples: Duolingo, Inc.

Construction Drawings. (a) SELECTION OF ARCHITECT/CONSTRUCTION DRAWINGS. Lessee shall retain an architect/space planner (the "Architect") approved by Lessor, which approval shall not be unreasonably withheld, to prepare the Construction Drawings. Lessee Tenant shall retain engineering consultants (the "Engineers") approved by Lessor, which approval shall not be unreasonably withheld, that are reasonably acceptable to Landlord to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing, HVAC, life-life safety, and sprinkler work in the Premises in connection with (exclusive of the Lessee ImprovementsLandlord’s Work). The plans and drawings specifications to be prepared by Architect and the Engineers hereunder shall be known collectively as the "Construction Drawings".” Tenant and Architect shall verify, in the field, the dimensions of the Premises and the conditions at the Premises, and Tenant and Architect shall be solely responsible for the same, and Landlord shall have no responsibility in connection therewith. All Landlord shall have the right to approve the Construction Drawings in Landlord’s reasonable discretion; provided that Landlord shall either approve or reasonably disapprove and provide the reasons for disapproval in writing to Tenant within ten (10) business days of receiving the Construction Drawings for Landlord’s approval, and Landlord’s failure to timely deliver such written response to Tenant with either Landlord’s approval or its reasons for disapproval shall be professionally prepared consistent with drawings for comparable construction projects at comparable buildings in deemed to mean that Landlord approves the San Mateo/Xxxxxx City area, using one-eighth (1/8th) inch scale CAD drawingsConstruction Drawings without modification. Lessor's Landlord’s review of the Construction Drawings as set forth in this SECTION 3, shall be are for its sole purpose benefit and Landlord shall not imply Lessor's review have no liability to Tenant or Tenant’s Agents arising out of the same, or obligate Lessor to review the same, for quality, design, compliance with Applicable Law or other like mattersbased on Landlord’s review. Accordingly, notwithstanding that any Construction Drawings are reviewed by Lessor Landlord or its space planner, architect, engineers and consultants, and notwithstanding any advice or assistance which may be rendered to Lessee Tenant or Tenant’s Agents by Lessor Landlord or Lessor's Landlord’s space planner, architect, engineers, engineers and consultants, Lessor Landlord shall have no liability whatsoever in connection therewith and shall not be responsible for any omissions or errors contained in the Construction Drawings, and Lessee's waiver and indemnity set forth in the Lease shall specifically apply to the Construction Drawings. Furthermore, Lessee and Architect shall verify, in the field, the dimensions and conditions as shown on the relevant portions of any existing plans for the Premises and/or Building, and Lessee and Architect shall be solely responsible for the same, and Lessor shall have no responsibility in connection therewitharising therefrom.

Appears in 1 contract

Samples: Work Letter Agreement (Mitek Systems Inc)

Construction Drawings. (a) SELECTION OF ARCHITECT/CONSTRUCTION DRAWINGS. Lessee Within __ days of the execution of this Lease, Landlord shall retain an architect/space planner prepare and submit to Tenant a set of construction drawings (the "Architect"“CD’s”) approved covering all work to be performed by LessorLandlord in constructing and installing the Tenant Improvements, which approval shall not be unreasonably withheldbased on the scope of work attached as Exhibit “B-1” hereto and the final space plan attached as Exhibit “B-2” hereto. The scope of work shall include at no cost to Tenant space planning, to prepare the Construction Drawings. Lessee shall retain engineering consultants (the "Engineers") approved by Lessordesign, which approval shall not be unreasonably withheldpermitting and construction documents, to prepare all plans and engineering working drawings relating to the including without limitation, architectural, civil, structural, mechanical, plumbing and electrical. Tenant shall have ten (10) days after receipt of the CD’s in which to review the CD’s and to give to Landlord written notice of Tenant’s approval of the CD’s or its requested changes to the CD’s. Tenant shall have no right to request any changes to the CD’s that would increase the scope of work or materially alter the exterior appearance or basic nature of the Building or the Building systems unless Tenant agrees to pay for same. If Tenant fails to approve or request changes to the CD’s within ten (10) days after its receipt thereof, plumbing, HVAC, life-safety, and sprinkler work in Tenant shall be deemed to have approved the Premises in connection with the Lessee Improvements. The plans and drawings to be prepared by Architect CD’s and the Engineers hereunder same shall thereupon be final. If Tenant requests any changes to the CD’s, Landlord shall make those changes which are reasonably requested by Tenant and shall within ten (10) days of its receipt of such request submit the revised portion of the CD’s to Tenant. Tenant shall have an additional ten (10) days to review such revised portion of the CD’s to determine if all such changes have been made. If they have not been made, the revision and review procedures of this Section 2 shall remain in place until they have been approved. Once approved, the CD’s, as modified by said revisions, shall be known collectively as the "Construction Drawings"final. All Construction Drawings Tenant shall be professionally prepared consistent with drawings for comparable construction projects at comparable buildings all times in the San Mateo/Xxxxxx City area, using one-eighth (1/8th) inch scale CAD drawings. Lessor's its review of the Construction Drawings as set forth in this SECTION 3, shall be for its sole purpose and shall not imply Lessor's review of the same, or obligate Lessor to review the same, for quality, design, compliance with Applicable Law or other like matters. Accordingly, notwithstanding that any Construction Drawings are reviewed by Lessor or its space planner, architect, engineers and consultantsCD’s, and notwithstanding of any advice or assistance which may be rendered revisions thereto, act reasonably and in good faith. Without limiting the foregoing, Tenant agrees to Lessee by Lessor or Lessor's space planner, architect, engineers, and consultants, Lessor shall have no liability whatsoever in connection therewith and shall not be responsible for any omissions or errors contained in the Construction Drawings, and Lessee's waiver and indemnity set forth in the Lease shall specifically apply confirm Tenant’s consent to the Construction Drawings. Furthermore, Lessee and Architect shall verify, CD’s in the field, the dimensions and conditions as shown on the relevant portions of any existing plans for the Premises and/or Building, and Lessee and Architect shall be solely responsible for the same, and Lessor shall have no responsibility in connection therewithwriting within three (3) days following Landlord’s written request therefor.

Appears in 1 contract

Samples: Lease (United Natural Foods Inc)

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