Common use of Plans and Drawings Clause in Contracts

Plans and Drawings. On or before July 1, 2008 (the “Space Plan Deadline”), Tenant shall submit to Landlord, Tenant’s approved space plan for the Premises (the “Space Plan”). On or before August 1, 2008 (the “Working Drawing Deadline”), which date shall be extended by one (1) day for each day of Tenant’s Delay (defined below), Landlord shall deliver to Tenant for Tenant’s approval working drawings consisting of a floor plan, reflected ceiling plan, interior elevations, electrical plan, door schedule and finish schedule for the Premises (the “Working Drawings”), which Working Drawings shall be consistent with the Space Plan. Tenant shall approve or disapprove the Working Drawings within ten (10) business days after delivery of the Working Drawings to Tenant, which approval shall not be unreasonably withheld. Tenant shall have the right to disapprove the Working Drawings only to the extent the Working Drawings are inconsistent with the Space Plan. If Tenant disapproves the Working Drawings, Tenant shall return the Working Drawings to Landlord with Tenant’s specific requested changes noted thereon. Landlord shall promptly revise and resubmit the Working Drawings to Tenant and Tenant shall approve such revised Working Drawings within six (6) business days after receipt. Landlord shall be obligated to revise the Working Drawings only to the extent the Working Drawings are inconsistent with the Space Plan. The Working Drawings as finally approved by Tenant are referred to as the “Final Plans”, and the improvements to the Premises shown in the Final Plans are sometimes referred to herein as the “Landlord Work”. Landlord shall obtain all permits and approvals, and shall construct or modify the improvements to the Premises in accordance with the Final Plans, in a good and workmanlike manner, and charge the Tenant Improvement Allowance for an amount equal to the costs incurred by Landlord in constructing the improvements, including, without limitation, Landlord’s actual cost of the work performed and materials provided, architectural fees, engineering fees, mechanical costs, structural costs, electrical costs, permit fees, out-of-pocket expenses, and any increased costs incurred by Landlord as a result of any changes to the Final Plans requested by Tenant or any Tenant’s Delay (collectively, “Construction Costs”). Tenant shall pay or reimburse Landlord within twenty (20) days after Landlord’s request for any Construction Costs in excess of the Tenant Improvement Allowance incurred by Landlord in constructing the improvements in accordance with the Final Plans. Tenant may, in Tenant’s sole discretion, amortize any additional elected Tenant Improvement Allowance (as used, the “Elected TI”) up to $5.00 per rentable square foot at 10% interest over the first three (3) calendar years of the Term. The Tenant Improvement Allowance and Elected TI may be used for any and all costs associated with the Premises including, but not limited to: building standard and non-building standard improvements, architectural and engineering services, permitting, and construction management fees, moving expenses, security network setup, telephone equipment and installation, signage, furniture and furniture set up, all cabling costs and consultant fees.

Plans and Drawings. On or before July 1, 2008 (Tenant and Landlord have approved the “Space Plan Deadline”), Tenant shall submit to Landlord, Tenant’s approved space plan ------------------- for the Premises (the “"SPACE PLAN"), attached hereto as Exhibit F, and Landlord shall complete the work shown in the Space Plan”Plan and in the work description attached hereto as Exhibit F (the "TENANT IMPROVEMENT WORK"). On or before August 1, 2008 (the “Working Drawing Deadline”)Deadline specified in Paragraph 16 of the Basic Lease Information, which date shall be extended by one (1) day for each day of Tenant’s Delay (defined below)'s Delay, Landlord shall deliver to Tenant for Tenant’s 's approval working drawings consisting of a floor plan, reflected ceiling plan, interior elevations, electrical plan, door schedule and finish schedule for the Premises (the “Working Drawings”"WORKING DRAWINGS"), which Working Drawings shall be consistent with the Space Plan. Tenant shall approve or disapprove the Working Drawings within ten three (103) business days after delivery of the Working Drawings to Tenant, which approval shall not be unreasonably withheld. Tenant shall have the right to disapprove the Working Drawings only to the extent the Working Drawings are inconsistent with the Space Plan. If Tenant disapproves the Working Drawings, Tenant shall return the Working Drawings to Landlord with Tenant’s 's specific requested changes noted thereon. Landlord shall promptly revise and resubmit the Working Drawings to Tenant and Tenant shall approve such revised Working Drawings within six two (62) business days after receipt. Landlord shall be obligated to revise the Working Drawings only to the extent the Working Drawings are inconsistent with the Space Plan. The Working Drawings as finally approved by Tenant are referred to as the “Final Plans”, and the improvements to the Premises shown in the Final Plans are sometimes referred to herein as the “Landlord Work”"FINAL PLANS". Landlord shall obtain all permits and approvals, approvals and shall cause its contractors to construct or modify the improvements to the Premises in a good and workmanlike manner in compliance with all applicable laws in accordance with the Final Plans, in a good and workmanlike manner, and charge the . Tenant Improvement Allowance shall pay or reimburse Landlord within five (5) days after Landlord's request for an amount equal to the costs incurred by Landlord in constructing the improvements, including, without limitation, Landlord’s actual cost of the work performed and materials provided, architectural fees, engineering fees, mechanical costs, structural costs, electrical costs, permit fees, out-of-pocket expenses, and any increased or additional costs incurred by Landlord as a result of any changes to the Final Plans requested by Tenant or by any Tenant’s 's Delay (collectively, “Construction Costs”)"EXCESS CONSTRUCTION COSTS") and any Tenant's Delay. Tenant shall pay or reimburse Landlord within twenty five (205) days after Landlord’s 's request for any Excess Construction Costs, and Landlord shall have no obligation to proceed with construction until such Excess Construction Costs in excess of the Tenant Improvement Allowance incurred by Landlord in constructing the improvements in accordance with the Final Plans. Tenant may, in Tenant’s sole discretion, amortize any additional elected Tenant Improvement Allowance (as used, the “Elected TI”) up to $5.00 per rentable square foot at 10% interest over the first three (3) calendar years of the Term. The Tenant Improvement Allowance and Elected TI may be used for any and all costs associated with the Premises including, but not limited to: building standard and non-building standard improvements, architectural and engineering services, permitting, and construction management fees, moving expenses, security network setup, telephone equipment and installation, signage, furniture and furniture set up, all cabling costs and consultant feesare received.

Plans and Drawings. On or before July 1May 15, 2008 (the “Space Plan Deadline”), Tenant shall submit to Landlord, Tenant’s approved space plan for the Premises (the “Space Plan”). On or before August June 1, 2008 (the “Working Drawing Deadline”), which date shall be extended by one (1) day for each day of Tenant’s Delay (defined below), Landlord Tenant shall deliver to Tenant Landlord for TenantLandlord’s approval working drawings consisting of a floor plan, reflected ceiling plan, interior elevations, electrical plan, door schedule and finish schedule for the Premises (the “Working Drawings”), which Working Drawings shall be consistent with the Space Plan. Tenant Landlord shall approve or disapprove the Working Drawings within ten (10) business days after delivery of the Working Drawings to TenantLandlord, which approval shall not be unreasonably withheld. Tenant Landlord shall have the right to not unreasonably disapprove the Working Drawings only to the extent the Working Drawings are inconsistent with the Space PlanDrawings. If Tenant Landlord disapproves the Working Drawings, Tenant Landlord shall return the Working Drawings to Landlord Tenant with TenantLandlord’s specific requested changes noted thereon. Landlord Tenant shall promptly revise and resubmit the Working Drawings to Tenant Landlord and Tenant Landlord shall approve such revised Working Drawings within six (6) business days after receipt. Landlord shall be obligated to revise the Working Drawings only to the extent the Working Drawings are inconsistent with the Space Plan. The Working Drawings as finally approved by Tenant Landlord are referred to as the “Final Plans”, and the improvements to the Premises shown in the Final Plans are is sometimes referred to herein as the “Landlord Work”. Landlord shall obtain all permits and approvals, and shall construct or modify the improvements to the Premises in accordance with the Final Plans, in a good and workmanlike manner, and charge the Tenant Improvement Allowance for an amount equal to the costs incurred by Landlord in constructing the improvements, including, without limitation, LandlordLandlord and Tenant’s actual cost of the work performed and materials provided, architectural fees, engineering fees, mechanical costs, structural costs, electrical costs, construction management fees to Tenant’s construction management consultant, permit fees, out-of-pocket expenses, and any increased costs incurred by Landlord and Tenant as a result of any changes to the Final Plans requested by Landlord and Tenant or any Tenant’s Delay (collectively, “Construction Costs”). Tenant shall pay or reimburse Landlord within twenty (20) days after Landlord’s request for any Construction Costs in excess of the Tenant Improvement Allowance incurred by Landlord in constructing the improvements in accordance with the Final Plans. Tenant may, in Tenant’s sole discretion, amortize any additional elected Tenant Improvement Allowance (as used, the “Elected TI”) up to $5.00 per rentable square foot at 10% interest over the first three (3) calendar years of the Term. The Tenant Improvement Allowance and Elected TI may be used for any and all costs associated with the Premises including, but not limited to: building standard and non-building standard improvements, architectural and engineering services, permitting, and construction management fees, moving expenses, security network setup, telephone equipment and installation, signage, furniture and furniture set up, all cabling costs and consultant fees.

Plans and Drawings. On or before July 1, 2008 (the “Space Plan Deadline”), Landlord and Tenant shall submit acknowledge and agree that Tenant has submitted to Landlord, Landlord and Landlord has approved Tenant’s approved space plan for the Premises which is attached hereto as Exhibit F (the “Space Plan”). On or before August 1Further, 2008 (the “Working Drawing Deadline”), which date shall be extended by one (1) day for each day of Tenant’s Delay (defined below), Tenant has delivered to Landlord shall deliver to Tenant for Tenant’s approval and Landlord has approved working drawings consisting of a floor plan, reflected ceiling plan, interior elevations, electrical plan, door schedule and finish schedule for the Premises prepared by Xxxxxx & Associates (the “Architect”) dated July 11, 2001 and revised July 16, 2001 (the “Working Drawings”), which Working Drawings shall be consistent with the Space Plan. Tenant shall approve or disapprove the Working Drawings within ten (10) business days after delivery of the Working Drawings to Tenant, which approval shall not be unreasonably withheld. Tenant shall have the right to disapprove the Working Drawings only to the extent the Working Drawings are inconsistent with the Space Plan. If Tenant disapproves the Working Drawings, Tenant shall return the Working Drawings to Landlord with Tenant’s specific requested changes noted thereon. Landlord shall promptly revise and resubmit the Working Drawings to Tenant and Tenant shall approve such revised Working Drawings within six (6) business days after receipt. Landlord shall be obligated to revise the Working Drawings only to the extent the Working Drawings are inconsistent with the Space Plan. The Working Drawings as finally approved by Tenant Landlord are referred to as the “Final Plans”, .” An amount equal to the difference between Landlord’s reasonable estimate of the Construction Costs (as defined below) and the improvements to the Premises shown in the Final Plans are sometimes Tenant Improvement Allowance shall hereinafter be referred to herein as the “Landlord WorkTenant Portion”. Landlord shall obtain all permits and approvals, approvals and shall construct or modify the improvements to the Premises in accordance with the Final Plans, in a good and first-class workmanlike manner, and charge the Tenant and the Tenant Improvement Allowance Allowance, respectively, on a pro-rata basis according to the ratio, as determined by Landlord from time to time, of the Tenant Portion to the Tenant Improvement Allowance, for an amount equal to the costs incurred by Landlord in connection with the construction of the improvements pursuant to the Construction Contract (as defined below), construction management fees (not to exceed three percent (3%) of the total cost of constructing the improvements, including, without limitation, Landlord’s actual cost of the work performed and materials provided, architectural fees, engineering fees, mechanical costs, structural costs, electrical costsTenant Improvements), permit fees, out-of-pocket expenses, and any increased construction costs incurred by Landlord as a result of any changes to the Final Plans requested by Tenant or any Tenant’s Delay (collectively, “Construction Costs”), until the entire amount of the Tenant Improvement Allowance is applied to the Construction Costs, at which time Tenant shall be solely responsible for any remaining Construction Costs. Tenant shall pay or reimburse Landlord within twenty five (205) days after delivery of Landlord’s request pursuant to this Section 30(c) for any Tenant’s pro-rata share of Construction Costs. Such request for reimbursement shall be accompanied by reasonable backup information, such as copies for draw requests made by the contractor under the Construction Contract, invoices, or similar items reasonably requested by Tenant. If Tenant fails to reimburse Landlord for Tenant’s pro-rata share of Construction Costs in excess within (5) days after delivery of Landlord’s request, Landlord may deliver a final demand letter to Tenant, and Tenant’s failure to reimburse Landlord within five (5) days after delivery of Landlord’s final demand letter shall constitute an Event of Default hereunder. Tenant shall retain and pay directly the Architect with respect to the Working Drawings. Landlord and Tenant agree that the construction of the Tenant Improvement Allowance incurred by improvements shall be performed pursuant to a construction contract between Landlord in constructing and R.N. Field which contains a “stipulated sum” (subject to the improvements in accordance with the Final Plans. Tenant may, in Tenant’s sole discretion, amortize any additional elected Tenant Improvement Allowance terms of such contract) of $440,469 (as used, the “Elected TIConstruction Contract”) up ). Landlord agrees that it shall not agree to $5.00 per rentable square foot at 10% interest over any material modification to the first three Construction Contract (3) calendar years of the Term. The Tenant Improvement Allowance and Elected TI may be used for any and all costs associated with the Premises including, but not limited to: building standard and non-building standard improvements, architectural and engineering services, permitting, and construction management fees, moving expenses, security network setup, telephone equipment and installation, signage, furniture and furniture any change to the “stipulated sum” as set up, all cabling costs and consultant feesforth therein) without the prior written consent of Tenant which consent shall not be unreasonably withheld or delayed.

Plans and Drawings. On or before July 1As soon as possible following the execution and delivery of this Lease, 2008 (the “Landlord and Tenant shall complete a Space Plan Deadline”), Tenant shall submit to Landlord, Tenant’s approved space plan for the Premises (the “"Space Plan”"). On or before August 1, 2008 (Following approval of the “Working Drawing Deadline”), which date shall be extended Space Plan by one (1) day for each day of Landlord and Tenant’s Delay (defined below), Landlord shall deliver to Tenant for Tenant’s 's approval working drawings consisting of a floor plan, reflected ceiling plan, interior elevations, electrical plan, door schedule and finish schedule for the Premises (the “"Working Drawings”"), which Working Drawings shall be consistent with the Space Plan. Tenant shall approve or disapprove the Working Drawings within ten (10) business days after delivery of the Working Drawings to Tenant, which approval shall not be unreasonably withheld. Tenant shall have the right to disapprove the Working Drawings only to the extent the Working Drawings are inconsistent with the Space Plan. If Tenant disapproves the Working Drawings, Tenant shall return the Working Drawings to Landlord with Tenant’s specific requested changes noted thereon. Landlord shall promptly revise and resubmit the Working Drawings to Tenant and Tenant shall approve such revised Working Drawings within six (6) business days after receipt. Landlord shall be obligated to revise the Working Drawings only to the extent the Working Drawings are inconsistent with the Space Plan. The Working Drawings as finally approved by Tenant are referred to as the “"Final Plans”", and the improvements to the Premises shown in the Final Plans are sometimes referred to herein as the “Landlord "Landlord's Work”". Following approval of the Final Plans, Landlord shall obtain all permits and approvals, approvals and shall construct or modify the improvements to the Premises in accordance with the Final Plans, in a good and first-class workmanlike manner, and charge the Tenant Improvement Allowance for an amount equal to the costs incurred by Landlord in constructing the improvements, including, without limitation, Landlord’s 's actual cost of the work performed and materials provided, architectural fees, engineering fees, mechanical costs, structural costs, electrical costs, construction management fees (not to exceed five percent (5%) of the total cost), permit fees, out-of-pocket expenses, and any increased costs incurred by Landlord as a result of any changes to the Final Plans requested by Tenant or any Tenant’s Delay delay caused by Tenant (collectively, “"Construction Costs”"). Tenant shall pay or reimburse Landlord within twenty five (205) days after Landlord’s 's request for any Construction Costs in excess of the Tenant Improvement Allowance incurred by Landlord in constructing the improvements in accordance with the Final Plans. Tenant may, in Tenant’s sole discretion, amortize any additional elected Tenant Improvement Allowance (as used, the “Elected TI”) up to $5.00 per rentable square foot at 10% interest over the first three (3) calendar years of the Term. The Tenant Improvement Allowance and Elected TI may be used for any and all costs associated with the Premises including, but not limited to: building standard and non-building standard improvements, architectural and engineering services, permitting, and Landlord shall have no obligation to proceed with construction management fees, moving expenses, security network setup, telephone equipment and installation, signage, furniture and furniture set up, all cabling costs and consultant feesuntil such excess Construction Costs are received.