Approval Process. Tenant shall notify Landlord whether it approves of the submitted working drawings within three business days after Landlord’s submission thereof. If Tenant disapproves of such working drawings, then Tenant shall notify Landlord thereof specifying in reasonable detail the reasons for such disapproval, in which case Landlord shall, within five business days after such notice, revise such working drawings in accordance with Tenant’s objections and submit the revised working drawings to Tenant for its review and approval. Tenant shall notify Landlord in writing whether it approves of the resubmitted working drawings within one business day after its receipt thereof. This process shall be repeated until the working drawings have been finally approved by Landlord and Tenant. If Tenant fails to notify Landlord that it disapproves of the initial working drawings within three business days (or, in the case of resubmitted working drawings, within one business day) after the submission thereof, then Tenant shall be deemed to have approved the working drawings in question. Any delay caused by Tenant’s unreasonable withholding of its consent or delay in giving its written approval as to such working drawings shall constitute a Tenant Delay Day (defined below). If the working drawings are not fully approved (or deemed approved) by both Landlord and Tenant by the 15th business day after the delivery of the initial draft thereof to Tenant, then each day after such time period that such working drawings are not fully approved (or deemed approved) by both Landlord and Tenant shall constitute a Tenant Delay Day.
Appears in 3 contracts
Sources: Gross Lease (Akcea Therapeutics, Inc.), Lease Agreement (Mimecast LTD), Lease Agreement (First State Financial Corp/Fl)
Approval Process. Tenant shall notify Landlord whether it approves of the submitted working drawings within three business days four (4) Business Days after Landlord’s submission thereof. If Tenant disapproves of such working drawings, then Tenant shall notify Landlord thereof specifying in reasonable detail the reasons for such disapproval, in which case Landlord shall, within five business days (5) Business Days after such notice, revise such working drawings in accordance with Tenant’s objections and submit the revised working drawings to Tenant for its review and approval. Tenant shall notify Landlord in writing whether it approves of the resubmitted working drawings within one business day three (3) Business Days after its receipt thereof. This process shall be repeated until the working drawings have been finally approved by Landlord and Tenant. If Tenant fails to notify Landlord that it disapproves of the initial working drawings within three business days four (4) Business Days (or, in the case of resubmitted working drawings, within one business daythree (3) Business Days) after the submission thereof, then Tenant shall be deemed to have approved the working drawings in question. Any delay caused by Tenant’s unreasonable withholding of its consent or delay in giving its written approval as to such working drawings shall constitute a Tenant Delay Day (defined below). If the working drawings are not fully approved (or deemed approved) by both Landlord and Tenant by the 15th business day fifteenth (15th) Business Day after the delivery of the initial draft thereof to Tenant, then each day after such time period that such working drawings are not fully approved (or deemed approved) by both Landlord and Tenant shall constitute a Tenant Delay Day.
Appears in 2 contracts
Sources: Office Lease Agreement (Spruce Biosciences, Inc.), Office Lease Agreement (Spruce Biosciences, Inc.)
Approval Process. Tenant Landlord shall notify Landlord Tenant whether it approves of the submitted working drawings within three ten business days after LandlordTenant’s submission thereof. If Tenant Landlord disapproves of such working drawings, then Tenant Landlord shall notify Landlord Tenant thereof specifying in reasonable detail the reasons for such disapproval, in which case Landlord Tenant shall, within five three business days after such notice, revise such working drawings in accordance with TenantLandlord’s objections and submit the revised working drawings to Tenant Landlord for its review and approval. Tenant Landlord shall notify Landlord Tenant in writing whether it approves of the resubmitted working drawings within one five business day days after its receipt thereof. This process shall be repeated until the working drawings have been finally approved by Landlord Tenant and TenantLandlord. If Tenant Landlord fails to notify Landlord Tenant that it disapproves of the initial working drawings within three ten business days (or, in the case of resubmitted working drawings, within one five business daydays) after the submission thereof, then Tenant Landlord shall be deemed to have approved the working drawings in question. Any delay caused by Tenant’s unreasonable withholding of its consent or delay in giving its written approval as to such working drawings shall constitute a Tenant Delay Day (defined below). If the working drawings are not fully approved (or deemed approved) by both Landlord and Tenant by the 15th 20th business day after the delivery of the initial draft thereof to TenantLandlord, then each day after such time period that such working drawings are not fully approved (or deemed approved) by both Landlord and Tenant shall constitute a Tenant Delay Day.
Appears in 2 contracts
Sources: Lease Agreement (RetailMeNot, Inc.), Lease Agreement (RetailMeNot, Inc.)
Approval Process. Tenant shall notify Landlord whether it approves of the submitted working drawings within three business days after Landlord’s 's submission thereof. If Tenant disapproves of such working drawings, then Tenant shall notify Landlord thereof specifying in reasonable detail the reasons for such disapproval, in which case Landlord shall, within five three business days after such notice, revise such working drawings in accordance with Tenant’s 's objections and submit the revised working drawings to Tenant for its review and approval. Tenant shall notify Landlord in writing whether it approves of the resubmitted working drawings within one business day after its receipt thereof. This process shall be repeated until the working drawings have been finally approved by Landlord and Tenant. If Tenant fails to notify Landlord that it disapproves of the initial working drawings within three business days (or, in the case of resubmitted working drawings, within one business day) after the submission thereof, then Tenant shall be deemed to have approved the working drawings in question. Any delay caused by Tenant’s 's unreasonable withholding of its consent or delay in giving its written approval as to such working drawings shall constitute a Tenant Delay Day (defined below). If the working drawings are not fully approved (or deemed approved) by both Landlord and Tenant by the 15th tenth business day after the delivery of the initial draft thereof to Tenant, then each day after such time period that such working drawings are not fully approved (or deemed approved) by both Landlord and Tenant shall constitute a Tenant Delay Day.
Appears in 1 contract
Approval Process. Tenant Landlord shall notify Landlord Tenant whether it approves of the submitted working drawings within three seven (7) business days after Landlord’s Tenant's submission thereof. If Tenant Landlord disapproves of such working drawings, then Tenant Landlord shall notify Landlord Tenant thereof specifying in reasonable detail the reasons for such disapproval, in which case Landlord Tenant shall, within five (5) business days after such notice, revise such working drawings in accordance with Tenant’s Landlord's objections and submit the revised working drawings to Tenant Landlord for its review and approval. Tenant Landlord shall notify Landlord Tenant in writing whether it approves of the resubmitted working drawings within one four (4) business day days after its receipt thereof. This Tills process shall be repeated until the working drawings have been finally approved by Landlord Tenant and TenantLandlord. If Tenant Landlord fails to notify Landlord Tenant that it disapproves of the initial working drawings within three seven (7) business days (or, in the case of resubmitted working drawings, within one four (4) business daydays) after the submission thereof, then Tenant Landlord shall be deemed to have approved the working drawings in question. Any delay caused by Tenant’s unreasonable withholding Landlord's approval of its consent or delay in giving its written approval as to such the working drawings shall constitute contain a Tenant Delay Day (defined below). If the working drawings are not fully approved (written statement of Landlord's election to require Tenant's removal of all or deemed approved) by both Landlord and Tenant by the 15th business day after the delivery any portion of the initial draft thereof Tenant Improvements to the Premises at the end of the Lease Term, subject to the provisions of the Lease. To the extent Landlord has any comments to the Working Drawings, Landlord shall endeavor to provide Tenant with one (1) consolidated set of comments. On each occasion, Landlord will provide to Tenant's Authorized Representatives copies of the marked-up plans, then each day after such time period that such working drawings are not fully approved (and documents to which it has an objection or deemed approved) by both Landlord and requires a resubmission. Tenant shall constitute a Tenant Delay Daynot be required to make changes or revisions to the documents for any Landlord comments which are solely stylistic in nature or which materially depart from industry norms and standards.
Appears in 1 contract
Sources: Lease Agreement (Ciena Corp)
Approval Process. Tenant shall notify Landlord in writing whether it approves of the submitted working drawings within three five business days after Landlord’s submission thereof. If Tenant disapproves of such working drawings, then Tenant shall notify Landlord thereof specifying in reasonable detail the reasons for such disapproval, in which case Landlord shall, within five business days after such notice, revise such working drawings in accordance with Tenant’s objections and submit the revised working drawings to Tenant for its review and approval. Tenant shall notify Landlord in writing whether it approves of the resubmitted working drawings within one three business day days after its receipt thereof. This process shall be repeated until the working drawings have been finally approved by Landlord and Tenant. If Tenant fails to notify Landlord that it disapproves of the initial working drawings within three five business days (or, in the case of resubmitted working drawings, within one three business daydays) after the submission thereof, then Tenant shall be deemed to have approved the working drawings in question. Any delay caused by Tenant’s unreasonable withholding of its consent or delay in giving its written approval as to such working drawings shall constitute a Tenant Delay Day (defined below)Day. If the working drawings are not fully approved (or deemed approved) by both Landlord and Tenant by the 15th business day after the delivery of the initial draft thereof to Tenant, then each day after such time period that such working drawings are not fully approved (or deemed approved) by both Landlord and Tenant shall constitute a Tenant Delay Day.. DMWEST #36871000 v9 ▇ ▇▇▇▇▇ ▇▇▇▇
Appears in 1 contract
Approval Process. Tenant shall notify Landlord whether it approves of the submitted working drawings Working Drawings within three five (5) business days after Landlord’s submission thereof. If Tenant disapproves of such working drawingsWorking Drawings, then Tenant shall notify Landlord thereof specifying in reasonable detail the reasons for such disapproval, in which case Landlord shall, within five business days after such notice, shall revise such working drawings Working Drawings in accordance with Tenant’s objections and submit the revised working drawings Working Drawings to Tenant for its review and approvalapproval within five (5) business days. Tenant shall notify Landlord in writing whether it approves or disapproves of the resubmitted working drawings Working Drawings within one three (3) business day days after its receipt thereof, and if Tenant disapproves of such resubmitted Working Drawings, then Tenant shall notify Landlord thereof specifying in reasonable detail the reasons for such disapproval, in which case Landlord shall revise such Working Drawings in accordance with Tenant’s objections and submit the revised Working Drawings to Tenant for its review and approval within three (3) business days. This The process shall be repeated continue until the working drawings have been finally approved by Landlord and TenantTenant approve the Working Drawings. If Tenant fails to notify Landlord that it approves or disapproves of the initial working drawings or resubmitted Working Drawings within three five (5) business days (or, in the case of resubmitted working drawings, within one and three (3) business daydays for revisions) after the submission thereof, then Tenant shall be deemed to have approved the working drawings Working Drawings in question. The Working Drawings, once approved by Tenant pursuant to this Section 3(b), shall be designated the “Approved Plans” for purposes of this Lease with respect to the Initial Premises and the First Expansion Premises, as applicable. Any delay caused by Tenant’s unreasonable withholding of its consent Landlord failing to prepare the Working Drawings for the Initial Premises or delay any revisions thereto within the time periods set forth in giving its written approval as to such working drawings shall constitute a Tenant Delay Day (defined below). If this Section 3(b) which results in the working drawings are Delivery Date not fully approved (or deemed approved) by both Landlord and Tenant occurring by the 15th business day after Scheduled Delivery Date (net of Tenant Delays), and any delay caused by Landlord failing to prepare the delivery Working Drawings for the First Expansion Premises or any revisions thereto within the time periods set forth in this Section 3(b) which results in the First Expansion Premises Commencement Date not occurring by the Anticipated First Expansion Premises Commencement Date (net of the initial draft thereof to TenantTenant Delays), then each day after such time period that such working drawings are not fully approved (or shall be deemed approved) by both a Landlord and Tenant shall constitute a Tenant Delay DayDelay.
Appears in 1 contract
Sources: Office Lease Agreement (Twinlab Consolidated Holdings, Inc.)
Approval Process. Tenant shall notify Landlord whether it approves of the submitted working drawings within three five (5) business days after Landlord’s 's submission thereof. If Tenant disapproves of such working drawings, then Tenant shall notify Landlord thereof specifying in reasonable detail the reasons for such disapproval, in which case Landlord shall, within five business days after such notice, revise such working drawings in accordance with Tenant’s 's objections and submit the revised working drawings to Tenant for its review and approval. Tenant shall notify Landlord in writing whether it approves of the resubmitted working drawings within one five (5) business day days after its receipt thereof. This process shall be repeated until the working drawings have been finally approved by Landlord and Tenant. If Tenant fails to notify Landlord that it disapproves of the initial working drawings within three five (5) business days (or, in the case of resubmitted working drawings, within one five (5) business daydays) after the submission thereof, then Tenant shall be deemed to have approved the working drawings in question. Any delay caused by Tenant’s 's unreasonable withholding of its consent or delay in giving its written approval as to such working drawings shall constitute a Tenant Delay Day (defined below). If the working drawings are not fully approved (or deemed approved) by both Landlord and Tenant by the 15th 20th business day after the delivery of the initial draft thereof to Tenant, then each day after such time period that such working drawings are not fully approved (or deemed approved) by both Landlord and Tenant shall constitute a Tenant Delay Day.
Appears in 1 contract
Sources: Lease Agreement (Alco Stores Inc)
Approval Process. Tenant Landlord shall notify Landlord Tenant whether it approves of the Tenant’s submitted working draft construction drawings and specifications within three business fourteen (14) days after LandlordTenant’s submission thereof, time being of the essence. If Tenant disapproves Landlord does not approve of such working drawingsconstruction drawings and specifications, then Tenant Landlord shall notify Landlord thereof Tenant of such non-approval within said fourteen (14) day period, specifying in reasonable detail the Landlord’s reasons for such disapprovalnon-approval (or requesting additional information), in which case Landlord shall, within five business days after such notice, event Tenant shall cause the Architect to revise such working construction drawings and specifications in accordance with Tenantresponse to Landlord’s objections comments and submit the revised working construction drawings and specifications to Tenant Landlord for its review and approval within seven (7) days following Landlord’s notice of non-approval. Landlord shall then notify Tenant shall notify Landlord in writing whether it approves of the resubmitted working construction drawings and specifications within one business day seven (7) days after its receipt thereof. This process shall be repeated until the working construction drawings and specifications have been finally approved by Landlord and Tenant. If At Landlord’s request, Tenant shall sign such Construction Drawings to evidence Tenant’s approval thereof. To the above-described review and approval process, Tenant may submit draft schematic plans and/or construction drawings and specifications for designated portions of the First Expansion Premises or major systems (e.g., HVAC or life-safety systems) to Landlord for its preliminary, non-binding review. Notwithstanding anything contained herein to the contrary, Tenant acknowledges and agrees that Landlord’s approval of the Construction Drawings shall be for administrative purposes only, that Tenant (and not Landlord) shall remain fully responsible for compliance of the Construction Drawings with the terms of the Lease and all applicable laws, statutes, codes, rules and regulations, and that Landlord’s approval thereof shall not constitute a representation or warranty of any kind by Landlord, In the event that for any reason Tenant fails to notify deliver to Landlord its proposed construction drawings and specifications for all improvements to be installed in the First Expansion Premises as part of Landlord’s Additional First Expansion Premises Work on or before November 1, 2015, each such day thereafter until such proposed construction drawings and specifications are delivered to Landlord shall constitute one day of “Tenant Delay” for purposes of this Amendment. In addition, “Tenant Delay” shall also include the following, but only to the extent that it disapproves Landlord’s First Expansion Premises Work and/or Landlord’s Additional First Expansion Premises Work is actually delayed thereby, and then only where Landlord has given Tenant prompt notice thereof (which may be by e-mail or telephonic) describing the delay in reasonable detail and setting forth the actions required of Tenant to eliminate or reduce the applicable delay: (i) any delays by Tenant in submitting revised construction drawings and specifications in accordance with the deadlines set forth above, or any other delay in the performance of Landlord’s First Expansion Premises Work and/or Landlord’s Additional First Expansion Premises Work to the extent caused by Tenant’s failure to timely perform any of its other obligations under this Exhibit B; (ii) any delay or interference in the performance of Landlord’s First Expansion Premises Work or Landlord’s Additional First Expansion Premises Work to the extent caused by Tenant or anyone employed by or contracted for by Tenant, including, without limitation, contractors, material suppliers and/or utility providers in connection with the Tenant First Expansion Premises Work (as hereinafter defined); (iii) any delay caused by the failure of the initial working drawings within three business days Construction Drawings to meet the requirements hereof and/or to otherwise fail to comply with applicable laws or codes; (or, in the case of resubmitted working drawings, within one business dayiv) after the submission thereof, then Tenant shall be deemed to have approved the working drawings in question. Any any delay caused by Tenant’s unreasonable withholding inclusion in the Construction Drawings of its consent any materials which are inconsistent with the Building and Existing Premises or delay in giving its written approval as to such working drawings shall constitute a Tenant Delay Day (defined below). If the working drawings which are not fully approved available to Landlord from reputable local suppliers with no unusual lead times, provided Landlord provides prompt notice to Tenant (which may be telephonic or deemed approvedby e-mail) following Landlord’s obtaining actual knowledge of such unusual time and an opportunity to substitute materials for such unusual lead time materials; (v) any delay caused by both Tenant’s or the Architect’s request or instruction to Landlord and Tenant by the 15th business day after the delivery of the initial draft thereof to Tenantor any contractor, then each day after such time period that such working drawings are not fully approved (subcontractor or deemed approved) by both Landlord and Tenant shall constitute a Tenant Delay Day.material supplier for Landlord’s Additional First Expansion Premises
Appears in 1 contract
Sources: Lease (Mimecast LTD)
Approval Process. Tenant Landlord shall notify Landlord Tenant whether it approves of the submitted working drawings within three ten business days after LandlordTenant’s submission thereof. If Tenant Landlord disapproves of such working drawings, then Tenant Landlord shall notify Landlord Tenant thereof specifying in reasonable detail the reasons for such disapproval, in which case Landlord Tenant shall, within five three business days after such notice, revise such working drawings in accordance with TenantLandlord’s objections and submit the revised working drawings to Tenant Landlord for its review and approval. Tenant Landlord shall notify Landlord Tenant in writing whether it approves of the resubmitted working drawings within one five business day days after its receipt thereof. This process shall be repeated until the working drawings have been finally approved by Landlord Tenant and TenantLandlord. If Tenant Landlord fails to notify Landlord Tenant that it disapproves of the initial working drawings within three ten business days (or, in the case of resubmitted working drawings, within one five business daydays) after the submission thereof, then Tenant Landlord shall be deemed to have approved the working drawings in question. Any delay caused by Tenant’s unreasonable withholding of its consent or delay in giving its written approval as to such working drawings shall constitute a Tenant Delay Day (defined below). If the working drawings are not fully approved (or deemed approved) by both Landlord and Tenant by the 15th 20t h business day after the delivery of the initial draft thereof to TenantLandlord, then each day after such time period that such working drawings are not fully approved (or deemed approved) by both Landlord and Tenant shall constitute a Tenant Delay Day.
Appears in 1 contract
Sources: Lease Agreement (RetailMeNot, Inc.)
Approval Process. Tenant Landlord shall notify Landlord Tenant whether it approves of the submitted working drawings within three five business days after Tenant’s submission thereof (such approval not to be unreasonably withheld, conditioned or delayed). Landlord’s submission thereofapproval shall be limited to non-cosmetic aspects of the Work, such as to the Building Structure of the Building Systems (as hereinafter defined). If Tenant the Working Drawings are substantially similar to the working drawings provided to Landlord for the Existing Premises when the improvements were initially completed or reflect improvements substantially similar to those contained in the Existing Premises, Landlord will not unreasonably withhold its consent and will use commercially reasonable efforts to expedite the approval process. If Landlord disapproves of such working drawings, then Tenant Landlord shall notify Landlord Tenant thereof specifying in reasonable detail the reasons for such disapproval, in which case Landlord Tenant shall, within five business days after such notice, revise such working drawings in accordance with TenantLandlord’s objections and submit the revised working drawings to Tenant Landlord for its review and approval. Tenant Landlord shall notify Landlord Tenant in writing whether it approves of the resubmitted working drawings within one five business day days after its receipt thereof. This process shall be repeated until the working drawings have been finally approved by Landlord Tenant and TenantLandlord. If Tenant Landlord fails to notify Landlord Tenant that it disapproves of the initial working drawings or any subsequent submittal in accordance with the terms of this paragraph within three five business days (or, in the case of resubmitted working drawings, within one business day) after the submission thereof, then Tenant Landlord shall be deemed to have approved the working drawings in question. Any delay caused by Tenant’s unreasonable withholding of its consent or delay in giving its written approval as to such working drawings shall constitute a Tenant Delay Day (defined below). If the working drawings are not fully approved (or deemed approved) by both Landlord and Tenant by the 15th business day after the delivery of the initial draft thereof to Tenant, then each day after such time period that such working drawings are not fully approved (or deemed approved) by both Landlord and Tenant shall constitute a Tenant Delay Day.
Appears in 1 contract
Sources: Lease Agreement (HMS Holdings Corp)
Approval Process. Tenant Landlord shall notify Landlord Tenant whether it ---------------- approves of the submitted working drawings within three five business days after Landlord’s Tenant's submission thereof. If Tenant Landlord disapproves of such working drawings, then Tenant Landlord shall notify Landlord Tenant thereof specifying in reasonable detail the reasons for such disapproval, in which case Landlord Tenant shall, within five business days after such notice, revise such working drawings in accordance with Tenant’s Landlord's objections and submit the revised working drawings to Tenant Landlord for its review and approval. Tenant Landlord shall notify Landlord Tenant in writing whether it approves of the resubmitted working drawings within one three business day days after its receipt thereof. This process shall be repeated until the working drawings have been finally approved by Landlord Tenant and TenantLandlord. If Tenant Landlord fails to notify Landlord Tenant that it disapproves of the initial working drawings within three five business days (or, in the case of resubmitted working drawings, within one three business daydays) after the submission thereof, then Tenant Landlord shall be deemed to have approved the working drawings in question. Any delay caused by Tenant’s unreasonable withholding of its consent or delay in giving its written approval as to such working drawings shall constitute a Tenant Delay Day (defined below). If the working drawings are not fully approved (or deemed approved) by both Landlord and Tenant by the 15th business day after the delivery of the initial draft thereof to TenantLandlord, then each day after such time period that such working drawings are not fully approved (or deemed approved) by both Landlord and Tenant shall constitute a Tenant Delay Day.
Appears in 1 contract
Sources: Lease Agreement (Tenfold Corp /Ut)
Approval Process. Tenant Landlord shall notify Landlord Tenant whether it approves of the submitted working drawings within three five business days after LandlordTenant’s submission thereof. If Tenant Landlord disapproves of such working drawings, then Tenant Landlord shall notify Landlord Tenant thereof specifying in reasonable detail the reasons for such disapproval, in which case Landlord Tenant shall, within five business days after such notice, revise such working drawings in accordance with TenantLandlord’s objections and submit the revised working drawings to Tenant Landlord for its review and approval. Tenant Landlord shall notify Landlord Tenant in writing whether it approves of the resubmitted working drawings within one five business day days after its receipt thereof. This process shall be repeated until the working drawings have been finally approved by Tenant and Landlord and Tenant(such approved working drawings being the “Refurbishment Working Drawings” and, collectively with the Refurbishment Space Plans, the “Refurbishment Plans”). Landlord’s approval of the Refurbishment Working Drawings shall not be unreasonably withheld, conditioned or delayed, provided the Refurbishment Work would not adversely affect to more than a de minimis extent (in the reasonable discretion of Landlord) the Building’s structure or the Building’s systems (including the Project’s restrooms or mechanical rooms), or affect the (i) exterior appearance of the Project, (ii) appearance of the Project’s common areas or lobby areas, or (iii) provision of services to other occupants of the Project; otherwise, Landlord may withhold consent in its sole discretion. If Tenant Landlord fails to notify Landlord Tenant that it disapproves of the initial or resubmitted working drawings within three five business days (or, in the case of resubmitted working drawings, within one business day) after the submission thereof, then Tenant Landlord shall be deemed to have approved the working drawings in question. Any delay caused material change to the Refurbishment Plans shall require Landlord’s written consent, which consent shall not be unreasonably withheld or delayed provided such changes do not fall under clauses (i) through (iv) above. Landlord’s approval of the Refurbishment Plans shall not be a representation or warranty of Landlord that such plans and drawings are adequate for any use or comply with any law, but shall merely be the consent of Landlord thereto. Tenant shall cause the renovations to be performed in accordance with the Refurbishment Plans. LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE REFURBISHMENT SPACE PLANS, THE REFURBISHMENT WORKING DRAWINGS OR THE REFURBISHMENT WORK (OR ANY OTHER SERVICES Tenant may renew the Lease for one additional period of five years, by delivering written notice of the exercise thereof to Landlord not earlier than 18 months nor later than 12 months before the expiration of the Term. The Base Rent payable for each month during such extended Term shall be the prevailing rental rate (the “Prevailing Rental Rate”), at the commencement of such extended Term, for renewals of space in comparable Class A buildings (including the Riata Corporate Park complex) in the submarket in which the Building is located of equivalent quality, size, utility and location, with the length of the extended Term, the absence of any parking charges, moving allowances, rent abatements or construction allowances, the fact that Tenant will not incur any moving, relocation or loss-of-business expenses, and the credit standing of Tenant to be taken into account. Within 30 days after receipt of Tenant’s unreasonable withholding notice to renew, Landlord shall deliver to Tenant written notice of its consent the Prevailing Rental Rate and shall advise Tenant of the required adjustment to Base Rent, if any, and the other terms and conditions offered. Tenant shall, within five days after receipt of Landlord’s notice, notify Landlord in writing whether Tenant accepts or delay in giving its written approval as to such working drawings shall constitute a Tenant Delay Day (defined below)rejects Landlord’s determination of the Prevailing Rental Rate. If the working drawings are not fully approved (or deemed approved) by both Tenant timely notifies Landlord and that Tenant by the 15th business day after the delivery accepts Landlord’s determination of the initial draft thereof to TenantPrevailing Rental Rate, then each day after such time period that such working drawings are not fully approved (then, on or deemed approved) by both before the commencement date of the extended Term, Landlord and Tenant shall constitute a execute an amendment to the Lease extending the Term on the same terms provided in the Lease, except as follows:
(a) Base Rent shall be adjusted to the Prevailing Rental Rate;
(b) Tenant Delay Day.shall have no further renewal option unless expressly granted by Landlord in writing;
Appears in 1 contract
Approval Process. Tenant shall notify Landlord whether it approves of the submitted working drawings within three five business days after Landlord’s submission thereof. If Tenant disapproves of such working drawings, then Tenant shall notify Landlord thereof specifying in reasonable detail the reasons for such disapproval, in which case Landlord shall, within five business days after such notice, revise such working drawings in accordance with Tenant’s objections and submit the revised working drawings to Tenant for its review and approval. Tenant shall notify Landlord in writing whether it approves of the resubmitted working drawings within one three business day days after its receipt thereof. This process shall be repeated until the working drawings have been finally approved by Landlord and Tenant. If Tenant fails to notify Landlord that it disapproves of the initial working drawings within three five business days (or, in the case of resubmitted working drawings, within one three business daydays) after the submission thereof, then Tenant shall be deemed to have approved the working drawings in question. Any delay caused by Tenant’s unreasonable withholding of its consent or delay in giving its written approval as to such working drawings shall constitute a Tenant Delay Day (defined below). If the working drawings are not fully approved (or deemed approved) by both Landlord and Tenant by the 15th 20th business day after the delivery of the initial draft thereof to Tenant, then each day after such time period that such working drawings are not fully approved (or deemed approved) by both Landlord and Tenant shall constitute a Tenant Delay Day.
Appears in 1 contract
Sources: Lease Agreement (Mimecast LTD)
Approval Process. Tenant shall notify Landlord whether it approves of the submitted working drawings within three five business days after Landlord’s submission thereof. If Tenant disapproves of such working drawings, then Tenant shall notify Landlord thereof specifying in reasonable detail the reasons for such disapproval, in which case Landlord shall, within five business days after such notice, revise such working drawings in accordance with Tenant’s objections and submit the revised working drawings to Tenant for its review and approval. Tenant shall notify Landlord in writing whether it approves of the resubmitted working drawings within one three business day days after its receipt thereof. This process shall be repeated until the working drawings have been finally approved by Landlord and Tenant. If Tenant fails to notify Landlord that it disapproves of the initial working drawings within three five business days (or, in the case of resubmitted working drawings, within one three business daydays) after the submission thereof, then Tenant shall be deemed to have approved the working drawings in question. Any delay caused by Tenant’s unreasonable withholding of its consent or delay in giving its written approval as to such working drawings shall constitute a Tenant Delay Day (defined below). If the working drawings are not fully approved (or deemed approved) by both Landlord and Tenant by the 15th business day after the delivery of the initial draft thereof to Tenant, then each day after such time period that such working drawings are not fully approved (or deemed approved) by both Landlord and Tenant shall constitute a Tenant Delay Day.
Appears in 1 contract
Approval Process. Tenant shall notify Landlord whether it approves of the submitted working drawings within three business days after Landlord’s 's submission thereof. If th▇▇▇▇▇ ▇▇ Tenant disapproves of such working drawings, then Tenant shall notify Landlord thereof specifying in reasonable detail the reasons for such disapproval, in which case Landlord shall, within five three business days after such notice, revise such working drawings in accordance with Tenant’s 's objections and submit s▇▇▇▇▇ the revised working drawings to Tenant for its review and approval. Tenant shall notify Landlord in writing whether it approves of the resubmitted working drawings within one business day after its receipt thereof. thereof This process shall be repeated until the working drawings have been finally approved by Landlord and Tenant. If Tenant fails to notify Landlord Lan▇]▇▇▇ that it disapproves of the initial working drawings within three business days (or, in the case of resubmitted working drawings, within one business day) after the submission thereof, then Tenant shall be deemed to have approved the working drawings in question. Any delay caused by Tenant’s 's unreasonable withholding wi▇▇▇▇▇▇ing of its consent or delay in giving its written approval as to such working drawings shall constitute a Tenant Delay Day (defined defmed below). If the working drawings are not fully approved (or deemed approved) by both Landlord and Tenant by the 15th tenth business day after the delivery of the initial draft thereof to Tenant, then each day after such time period that such working drawings are not fully approved (or deemed approved) by both Landlord and Tenant shall constitute a Tenant Delay Day.
Appears in 1 contract
Sources: Lease Agreement (Institutional Equity Holdings Inc /Nv/)
Approval Process. Tenant Landlord shall notify Landlord Tenant whether it approves of the submitted working drawings within three ten business days after LandlordTenant’s submission thereof. If Tenant Landlord disapproves of such working drawings, then Tenant Landlord shall notify Landlord Tenant thereof specifying in reasonable detail the reasons its reasonable grounds for such disapproval, in which case Landlord Tenant shall, within five ten business days after such notice, revise such working drawings in accordance with Tenantto address Landlord’s objections and submit the revised working drawings to Tenant Landlord for its review and approval, or otherwise respond to Landlord’s objections with proposed resolutions thereof, as applicable. Tenant Landlord shall notify Landlord Tenant in writing whether it approves of the resubmitted working drawings or Tenant’s proposed resolution within one five business day days after its receipt thereof. This process shall be repeated until the working drawings have been finally approved by Landlord Tenant and TenantLandlord. If Tenant Landlord fails to notify Landlord Tenant that it disapproves of the initial working drawings within three ten business days (or, in the case of resubmitted working drawings, within one five business daydays) after the submission thereof, then Tenant Landlord shall be deemed to have approved the working drawings in question. Any delay caused by To the extent not inconsistent with this Exhibit E, Sections 8.1, 21, 25.6 and 26.12 of this Lease shall govern the approval of the working drawings, the performance of the Work and Landlord’s and Tenant’s unreasonable withholding of its consent or delay in giving its written approval as to such working drawings shall constitute a Tenant Delay Day (defined below). If respective rights and obligations regarding the working drawings are not fully approved (or deemed approved) by both Landlord and Tenant by the 15th business day after the delivery of the initial draft thereof to Tenant, then each day after such time period that such working drawings are not fully approved (or deemed approved) by both Landlord and Tenant shall constitute a Tenant Delay Dayimprovements installed pursuant thereto.
Appears in 1 contract
Sources: Lease Agreement (Ciena Corp)
Approval Process. Tenant Landlord shall notify Landlord Tenant whether it approves of the submitted working drawings within three seven (7) business days after Landlord’s Tenant's submission thereof. If Tenant Landlord disapproves of such working drawings, then Tenant Landlord shall notify Landlord Tenant thereof specifying in reasonable detail the reasons for such disapproval, in which case Landlord Tenant shall, within five (5) business days after such notice, revise such working drawings in accordance with Tenant’s Landlord's objections and submit the revised working drawings to Tenant Landlord for its D - 1 review and approval. Tenant Landlord shall notify Landlord Tenant in writing whether it approves of the resubmitted working drawings within one four (4) business day days after its receipt thereof. This Tills process shall be repeated until the working drawings have been finally approved by Landlord Tenant and TenantLandlord. If Tenant Landlord fails to notify Landlord Tenant that it disapproves of the initial working drawings within three seven (7) business days (or, in the case of resubmitted working drawings, within one four (4) business daydays) after the submission thereof, then Tenant Landlord shall be deemed to have approved the working drawings in question. Any delay caused by Tenant’s unreasonable withholding Landlord's approval of its consent or delay in giving its written approval as to such the working drawings shall constitute contain a Tenant Delay Day (defined below). If the working drawings are not fully approved (written statement of Landlord's election to require Tenant's removal of all or deemed approved) by both Landlord and Tenant by the 15th business day after the delivery any portion of the initial draft thereof Tenant Improvements to the Premises at the end of the Lease Term, subject to the provisions of the Lease. To the extent Landlord has any comments to the Working Drawings, Landlord shall endeavor to provide Tenant with one (1) consolidated set of comments. On each occasion, Landlord will provide to Tenant's Authorized Representatives copies of the marked-up plans, then each day after such time period that such working drawings are not fully approved (and documents to which it has an objection or deemed approved) by both Landlord and requires a resubmission. Tenant shall constitute a Tenant Delay Daynot be required to make changes or revisions to the documents for any Landlord comments which are solely stylistic in nature or which materially depart from industry norms and standards.
Appears in 1 contract
Sources: Lease Agreement
Approval Process. Tenant Landlord shall notify Landlord Tenant whether it approves of the submitted working drawings within three business days ten (10) Business Days after Landlord▇▇▇▇▇▇’s submission thereof. If Tenant Landlord disapproves of such working drawings, then Tenant Landlord shall notify Landlord Tenant thereof specifying in reasonable detail the reasons for such disapproval, in which case Landlord Tenant shall, within five business days (5) Business Days after such noticenotice (and within three (3) Business Days following ▇▇▇▇▇▇’s receipt of Landlord’s disapproval of any working drawings resubmitted to Landlord by ▇▇▇▇▇▇), revise such working drawings in accordance with Tenant▇▇▇▇▇▇▇▇’s objections and submit the revised working drawings to Tenant Landlord for its review and approval. Tenant Landlord shall notify Landlord ▇▇▇▇▇▇ in writing whether it approves of the resubmitted working drawings within one business day five (5) Business Days after its receipt thereofof ▇▇▇▇▇▇’s initial resubmitted working drawings and within three (3) Business Days after its receipt of any subsequent resubmitted working drawings. This process shall be repeated until the working drawings have been finally approved by Landlord ▇▇▇▇▇▇ and Tenant. If Tenant fails to notify Landlord that it disapproves of the initial working drawings within three business days (or, in the case of resubmitted working drawings, within one business day) after the submission thereof, then Tenant shall be deemed to have approved the working drawings in question. Any delay caused by Tenant’s unreasonable withholding of its consent or delay in giving its written approval as to such working drawings shall constitute a Tenant Delay Day (defined below)Landlord. If the working drawings are not fully approved (or deemed approved) by both Landlord and Tenant by the 15th business day after the delivery of the initial draft thereof to TenantMarch 1, 2024, and provided Landlord complied with its obligations under this Section 3(b), including timely approvals (or disapprovals), then each day after such time period that such working drawings are not fully approved (or deemed approved) by both Landlord and Tenant shall constitute a Tenant Delay Day.
Appears in 1 contract
Approval Process. Tenant Landlord shall notify Landlord Tenant whether it approves of the submitted working drawings within three ten business days after LandlordTenant’s submission thereof, such approval not to be unreasonably withheld. If Tenant Landlord disapproves of such working drawings, then Tenant Landlord shall notify Landlord Tenant thereof specifying in reasonable detail the reasons for such disapproval, in which case Landlord Tenant shall, within five business days after such notice, revise such working drawings in accordance with TenantLandlord’s objections and submit the revised working drawings to Tenant Landlord for its review and approval, such approval not to be unreasonably withheld. Tenant Landlord shall notify Landlord Tenant in writing whether it approves of the resubmitted working drawings within one three business day days after its receipt thereof. This process shall be repeated until the working drawings have been finally approved by Landlord Tenant and TenantLandlord. If Tenant Landlord fails to notify Landlord Tenant that it disapproves of the initial working drawings within three five business days (or, in the case of resubmitted working drawings, within one three business daydays) after the submission thereof, and such failure continues for three business days following Tenant’s second written request therefor, then Tenant Landlord shall be deemed to have approved the working drawings in question. Any delay caused by Tenant’s unreasonable withholding Notwithstanding anything to the contrary in this Section 3.2, Landlord may withhold its approval of any working drawings, in its consent or delay in giving its written approval sole discretion, as to such working drawings shall constitute a Tenant Delay Day (defined below). If the working drawings are not fully approved (or deemed approved) by both Landlord and Tenant by the 15th business day after the delivery any portion of the initial draft thereof Work affecting the entrance to Tenant, then each day after such time period that such working drawings are not fully approved (the Premises and/or visible from the Project’s common areas or deemed approved) by both Landlord and Tenant shall constitute a Tenant Delay Dayelevator lobby areas.
Appears in 1 contract
Sources: Lease Agreement (Dirtt Environmental Solutions LTD)
Approval Process. Tenant Landlord shall notify Landlord Tenant whether it approves of the submitted working drawings Working Drawings within three business days ten (10) Business Days after LandlordTenant’s submission thereof. If Tenant Landlord disapproves of such working drawingsWorking Drawings, then Tenant Landlord shall notify Landlord Tenant thereof specifying in reasonable detail the reasons for such disapproval, in which case Landlord Tenant shall, within five business days three (3) Business Days after such notice, revise such working drawings Working Drawings in accordance with TenantLandlord’s objections and submit the revised working drawings Working Drawings to Tenant Landlord for its review and approval. Tenant Landlord shall notify Landlord Tenant in writing whether it approves of the resubmitted working drawings Working Drawings within one business day five (5) Business Days after its receipt thereof. This process shall be repeated until the working drawings Working Drawings have been finally approved by Landlord Tenant and TenantLandlord. If Tenant Landlord fails to notify Landlord that it disapproves Tenant of Landlord’s reasonable approval, approval with reasonable conditions or reasonable disapproval of the initial working drawings Working Drawings within three business days such ten (or, in the case of resubmitted working drawings, within one business day10) after the submission thereofBusiness Day period, then Tenant shall have the right to provide Landlord with a second written request for approval (a “Working Drawings Second Request”) that contains the following statement in bold and capital letters: “THIS IS A WORKING DRAWINGS SECOND REQUEST FOR APPROVAL OF WORKING DRAWINGS PURSUANT TO THE PROVISIONS OF SECTION 3(b) OF THE WORK LETTER ATTACHED TO THE LEASE. IF LANDLORD FAILS TO RESPOND WITHIN FIVE (5) BUSINESS DAYS AFTER RECEIPT OF THIS NOTICE, THEN LANDLORD SHALL BE DEEMED TO HAVE APPROVED THE WORKING DRAWINGS DESCRIBED THEREIN.” If Landlord fails to respond to such Working Drawings Second Request within five (5) Business Days after receipt by Landlord, the Working Drawings in question shall be deemed to have approved the working drawings in question. Any delay caused by Tenant’s unreasonable withholding of its consent or delay in giving its written approval as to such working drawings shall constitute a Tenant Delay Day (defined below). If the working drawings are not fully approved (or deemed approved) by both Landlord and Tenant by the 15th business day after the delivery of the initial draft thereof to Tenant, then each day after such time period that such working drawings are not fully approved (or deemed approved) by both Landlord and Tenant shall constitute a Tenant Delay Day.Landlord
Appears in 1 contract
Approval Process. Tenant Landlord shall notify Landlord Tenant whether it approves of the submitted working drawings within three business ten (10) days after LandlordTenant’s submission thereof. If Tenant Landlord disapproves of such working drawings, then Tenant Landlord shall notify Landlord Tenant thereof specifying in reasonable detail the reasons for such disapproval, in which case Landlord Tenant shall, within five business ten (10) days after such notice, revise such working drawings in accordance with TenantLandlord’s objections and submit the revised working drawings to Tenant Landlord for its review and approval. Tenant Landlord shall notify Landlord Tenant in writing whether it approves of the resubmitted working drawings within one business day five (5) days after its receipt thereof. This process shall be repeated until the working drawings have been finally approved by Landlord Tenant and TenantLandlord. If Tenant Landlord fails to notify Landlord Tenant that it disapproves of the initial working drawings within three business ten (10) days (or, in the case of resubmitted working drawings, within one business dayfive (5) days) after the submission thereof, then Tenant Landlord shall be deemed to have approved the working drawings in question. Any delay caused by Tenant’s unreasonable withholding As part of its consent or delay in giving its written the approval process, Landlord shall inform Tenant as to which items of the Tenant Improvement Work that Tenant shall be obligated to remove or restore at the expiration of the Lease; provided, however (except as specified in Section 16 of this Exhibit “C”), Tenant shall not be required to remove any of the Tenant Improvement Work denoted on the detailed Space Plan attached hereto as Exhibit “H” (the “Approved Space Plan”) or any Tenant Improvement Work that represents a logical evolution thereof; provided, however, it is acknowledged that Landlord’s approval of the Approved Space Plan should not be construed as an approval of the mechanical, electrical and plumbing plans and specifications that will be developed and approved as part of the Working Drawings pursuant hereto. Subject to the foregoing, Landlord hereby approves the Tenant Improvement Work shown on the Approved Space Plan. To the extent the Approved Space Plan is modified after the Lease Date, then such working drawings shall constitute a Tenant Delay Day (defined below). If be incorporated into the working drawings are not fully to be approved (or by Landlord hereunder and Exhibit “H” to the Lease shall be deemed approved) by both Landlord and Tenant by to be conformed to the 15th business day after the delivery of the initial draft thereof to Tenant, then each day after such time period that such final working drawings are not fully approved (or deemed approved) by both Landlord and Tenant shall constitute a Tenant Delay Daypursuant hereto.
Appears in 1 contract
Approval Process. Tenant shall notify Landlord whether it approves of the submitted working drawings within three (3) business days after Landlord’s submission thereof. If Tenant disapproves of such working drawings, then Tenant shall notify Landlord thereof specifying in reasonable detail the reasons for such disapproval, in which case Landlord shall, within five three (3) business days after such notice, revise such working drawings in accordance with Tenant’s objections and submit the revised working drawings to Tenant for its review and approval. Tenant shall notify Landlord in writing whether it approves of the resubmitted working drawings within one (1) business day after its receipt thereof. This process shall be repeated until the working drawings have been finally approved by Landlord and Tenant. If Tenant fails to notify Landlord that it disapproves of the initial working drawings within three (3) business days (or, in the case of resubmitted working drawings, within one (1) business day) after the submission thereof, then Tenant shall be deemed to have approved the working drawings in question. Any delay caused by Tenant’s unreasonable withholding of its consent or delay in giving its written approval as to such working drawings shall constitute a Tenant Delay Day (defined below). If the working drawings are not fully approved (or deemed approved) by both Landlord and Tenant by the 15th 20th business day after the delivery of the initial draft thereof to Tenantthereof, then each day after such time period that such working drawings are not fully approved (or deemed approved) by both Landlord and Tenant shall constitute a Tenant Delay Day.
Appears in 1 contract
Approval Process. Tenant Landlord shall notify Landlord Tenant whether it approves of the submitted working drawings within three business days after LandlordTenant’s submission thereof. If Tenant Landlord disapproves of such working drawings, then Tenant Landlord shall notify Landlord Tenant thereof specifying in reasonable detail the reasons for such disapproval, in which case Landlord Tenant shall, within five three business days after such notice, revise such working drawings in accordance with TenantLandlord’s objections and submit the revised working drawings to Tenant Landlord for its review and approval. Tenant Landlord shall notify Landlord Tenant in writing whether it approves of the resubmitted working drawings within one three business day days after its receipt thereof. This process shall be repeated until the working drawings have been finally approved by Landlord Tenant and TenantLandlord. If Tenant Landlord fails to notify Landlord Tenant that it disapproves of the initial or resubmitted working drawings within three business days (or, in the case of resubmitted working drawings, within one business day) after the submission thereof, then Tenant Landlord shall be deemed to have approved the working drawings in question. Any delay caused by Tenant’s unreasonable withholding of its consent or delay in giving its written approval as to such working drawings shall constitute a Tenant Delay Day (defined below). If the working drawings are not fully approved (or deemed approved) by both Landlord and Tenant by the 15th 20th business day after the delivery of the initial draft thereof to TenantLandlord, then each day after such time period that such working drawings are not fully approved (or deemed approved) by both Landlord and Tenant shall constitute a Tenant Delay Day.
Appears in 1 contract
Sources: Lease Agreement (RetailMeNot, Inc.)
Approval Process. Tenant Landlord shall notify Landlord Tenant whether it approves of the submitted working drawings Preliminary Space Plans within three five (5) business days after LandlordTenant’s submission thereof. If Tenant Landlord disapproves of such working drawingsPreliminary Space Plans, then Tenant Landlord shall notify Landlord Tenant thereof specifying in reasonable detail the reasons for such disapproval, in which case Landlord Tenant shall, within five (5) business days after such notice, revise such working drawings Preliminary Space Plans in accordance with TenantLandlord’s objections and submit the revised working drawings Space Plans to Tenant Landlord for its review and approval. Tenant Landlord shall notify Landlord Tenant in writing whether it approves of the resubmitted working drawings Space Plans within one five (5) business day days after its receipt thereof. This process shall be repeated until the working drawings Preliminary Space Plans have been finally approved by Landlord and Tenant. If Tenant Landlord fails to notify Landlord Tenant that it disapproves of the initial working drawings Preliminary Space Plans, as originally submitted or revised, within three five (5) business days (or, in the case of resubmitted working drawings, within one business day) after the submission thereof, then Tenant Landlord shall be deemed to have approved the working drawings Preliminary Space Plans in question. Any delay If the Preliminary Space Plans are not finally approved by Landlord within thirty (30) days after the Date of the Lease as a result of delays caused by Tenant’s unreasonable withholding of Tenant or its consent or delay in giving its written approval as to such working drawings shall constitute a Tenant Delay Day (defined below). If the working drawings are not fully approved (or deemed approved) by both Landlord and Tenant by the 15th business day after the delivery of the initial draft thereof to Tenantcontractors, then each day after such time period that such working drawings from and thereafter until the Preliminary Space Plans are not fully approved (or deemed approved) by both Landlord and Tenant shall constitute a day of Tenant Delay Dayto the extent the continued delay is caused by Tenant or its contractors.
Appears in 1 contract
Sources: Lease Agreement (Accuro Healthcare Solutions, Inc.)
Approval Process. Tenant shall notify Landlord in writing whether it approves of the submitted working drawings within three five business days after Landlord’s submission thereof. If Tenant disapproves of such working drawings, then Tenant shall notify Landlord thereof specifying in reasonable detail the reasons for such disapproval, in which case Landlord shall, within five business days after such notice, revise such working drawings in accordance with Tenant’s objections and submit the revised working drawings to Tenant for its review and approval. Tenant shall notify Landlord in writing whether it approves of the resubmitted working drawings within one three business day days after its receipt thereof. This process shall be repeated until the working drawings have been finally approved by Landlord and Tenant. If Tenant fails to notify Landlord that it disapproves of the initial working drawings within three five business days (or, in the case of resubmitted working drawings, within one three business daydays) after the submission thereof, then Tenant shall be deemed to have approved the working drawings in question. Any delay caused by Tenant’s unreasonable withholding of its consent or delay in giving its written approval as to such working drawings shall constitute a Tenant Delay Day (defined below)Day. If the working drawings are not fully approved (or deemed approved) by both Landlord and Tenant by the 15th business day after the delivery of the initial draft thereof to Tenant, then each day after such time period that such working drawings are not fully approved (or deemed approved) by both Landlord and Tenant shall constitute a Tenant Delay Day.
Appears in 1 contract
Approval Process. Tenant shall notify Landlord whether it approves of the submitted working drawings Construction Documents within three 10 business days after Landlord’s submission thereof; however, Tenant’s right to review and approve of such Construction Documents shall be limited to the review and approval of new items added since the immediately prior completion interval submission. If Tenant disapproves of such working drawingsConstruction Documents, then Tenant shall notify Landlord thereof specifying in reasonable detail the reasons for such disapproval, in which case Landlord shall, within five business days after such notice, revise such working drawings Construction Documents in accordance with Tenant’s objections and submit the revised working drawings Construction Documents to Tenant for its review and approval. Tenant shall notify Landlord in writing whether it approves of the resubmitted working drawings Construction Documents within one five business day days after its receipt thereof. This process shall be repeated until the working drawings Construction Documents have been finally approved by Landlord and Tenant. If Tenant fails to notify Landlord that it disapproves of the initial working drawings Construction Documents within three 10 business days (or, in the case of resubmitted working drawingsConstruction Documents, within one five business daydays) after the submission thereof, then Tenant shall be deemed to have approved the working drawings Construction Documents in question. Any delay caused by Tenant’s unreasonable withholding Landlord and Tenant shall both use good faith, diligent and commercially reasonable efforts to ensure that Substantial Completion of its consent Building B, Substantial Completion of Building C and Substantial Performance of the Work, as applicable, occurs within the time period referenced in the Project Schedule (provided that in no event shall Landlord or delay Tenant be responsible to satisfy the obligations of the other party herein in giving its written approval as to such working drawings shall constitute a Tenant Delay Day (defined belowdischarging their obligations under this provision). If the working drawings Construction Documents are not fully approved (or deemed approved) by both Landlord and Tenant by the 15th business date listed in the Project Schedule (as such date may be extended by each Landlord Delay Day and each day after of delay in completing the delivery Construction Documents caused by the requirements of any applicable Laws, or the initial draft thereof failure by Consultant or any other person (other than a Tenant Party) to Tenantdeliver the Construction Documents or any revision thereto or other required information within the time periods required under this Work Letter or to otherwise permit Tenant to comply with its obligations herein), then each day after such time period that such working drawings Construction Documents are not fully approved (or deemed approved) by both Landlord and Tenant shall constitute a delay that is subject to the Tenant Delay DayDay provisions herein. Tenant shall, at Landlord’s request, sign the Construction Documents to evidence its review and approval thereof, provided same (or any other approval granted by Tenant pursuant hereto) shall not be a representation or warranty of Tenant that such Construction Documents are adequate for any use or comply with any Law, but shall merely be the approval of Tenant thereto. Without limiting the foregoing, Tenant is not guaranteeing and shall not be responsible for any failure of the Work, or have any responsibility, control or charge over, the acts or omissions of the Consultant, Construction Manager and Project Manager and/or their agents and employees.
Appears in 1 contract
Sources: Lease Agreement (Ciena Corp)
Approval Process. Tenant Landlord shall notify Landlord Tenant whether it approves of the submitted working drawings (in its sole and absolute discretion) within three ten (10) business days after Landlord▇▇▇▇▇▇’s submission thereof. If Tenant Landlord disapproves of such working drawings, then Tenant Landlord shall notify Landlord Tenant thereof specifying in reasonable detail the reasons for such disapproval, in which case Landlord Tenant shall, within five (5) business days after such notice, revise such working drawings in accordance with Tenant▇▇▇▇▇▇▇▇’s objections and submit the revised working drawings to Tenant Landlord for its review and approval. Tenant Landlord shall notify Landlord Tenant in writing whether it approves of the resubmitted working drawings (in its sole and absolute discretion) within one five (5) business day days after its receipt thereof. This process shall be repeated until the working drawings have been finally approved by Landlord (in its sole and absolute discretion) and Tenant. If Tenant fails to notify Landlord that it disapproves of the initial working drawings within three business days (or, in the case of resubmitted working drawings, within one business day) after the submission thereof, then Tenant shall be deemed to have approved the working drawings in question. Any delay caused by Tenant’s unreasonable withholding of its consent or delay in giving its written approval as to such working drawings shall constitute a Tenant Delay Day (defined below). If the working drawings are not fully approved (or deemed approved) by both Landlord and Tenant by the 15th twentieth (20th) business day after the delivery of the initial draft thereof to TenantLandlord, then each day after such time period that such working drawings are not fully approved (or deemed approved) by both Landlord and Tenant shall constitute a Tenant Delay Day. Further, if the Working Drawings and any related materials are not submitted by the Architect to the City of San Leandro (with a copy to Landlord) by January 15, 2009, then each day thereafter until the occurrence of such submittal shall constitute a Tenant Delay Day.
Appears in 1 contract
Sources: Modified Industrial Gross Lease (Energy Recovery, Inc.)
Approval Process. Tenant shall notify Landlord whether it approves of the submitted working drawings within three business five (5) days after Landlord▇▇▇▇▇▇▇▇’s submission thereof. If Tenant ▇▇▇▇▇▇ disapproves of such working drawings, then Tenant shall notify Landlord thereof specifying in reasonable detail the reasons for such disapproval, in which case Landlord shall, within five business days after such notice, revise such working drawings in accordance with Tenant▇▇▇▇▇▇’s objections and submit the revised working drawings to Tenant for its review and approval. Tenant shall notify Landlord in writing whether it approves of the resubmitted Doc#: US1:15707591v2 working drawings within one business two (2) day after its receipt thereof. This process shall be repeated until the working drawings have been finally approved by Landlord and Tenant. If Tenant ▇▇▇▇▇▇ fails to notify Landlord that it disapproves of the initial working drawings within three business days (or, in the case of resubmitted working drawings, within one business daytwo (2) days) after the submission thereof, then Tenant shall be deemed to have approved the working drawings in question. Any delay caused by Tenant▇▇▇▇▇▇’s unreasonable withholding of its consent or delay in giving its written approval as to such working drawings shall constitute a Tenant Delay Day (defined below). If the working drawings are not fully approved (or deemed approved) by both Landlord and Tenant by the 15th business day after the delivery of the initial draft thereof to Tenant, then each day after such time period that such working drawings are not fully approved (or deemed approved) by both Landlord and Tenant shall constitute a Tenant Delay Day.
Appears in 1 contract
Approval Process. Tenant shall notify Landlord whether it approves of the submitted working drawings within three five business days after Landlord’s 's submission thereof. If Tenant disapproves of such working drawings, then Tenant shall notify Landlord thereof specifying in reasonable detail the reasons for such disapproval, in which case Landlord shall, within five business days after such notice, revise such working drawings in accordance with Tenant’s 's objections and submit the revised working drawings to Tenant for its review and approval. Tenant shall notify Landlord in writing whether it approves of the resubmitted working drawings within one three business day after its receipt thereof. This process shall be repeated until the working drawings have been finally approved by Landlord and Tenant. If Tenant fails to notify Landlord that it disapproves of the initial working drawings within three business days (or, in the case of resubmitted working drawings, within one business day) after the submission thereof, then Tenant shall be deemed to have approved disapproved the working drawings in question. Any delay caused by Tenant’s 's unreasonable withholding of its consent or delay in giving its written approval as to such working drawings shall constitute a Tenant Delay Day (defined below). If the working drawings are not fully in substantial conformance with the Space Plans approved (or deemed approved) by both Landlord and Tenant by the 15th business day after the delivery of the initial draft thereof to Tenant, then each day after such time period that such working drawings are any withholding of Tenant’s consent or delay in giving Tenant’s written approval shall be deemed reasonable and shall not fully approved (or be deemed approved) by both Landlord and Tenant shall constitute a Tenant Delay Day.
Appears in 1 contract
Approval Process. Tenant shall notify Landlord whether it approves of the submitted working drawings within three five (5) business days after Landlord’s submission thereof. If Tenant disapproves of such working drawings, then Tenant shall notify Landlord thereof specifying in reasonable detail the reasons for such disapproval, in which case Landlord shall, within five three (3) business days after such notice, revise such working drawings in accordance with Tenant’s objections and submit the revised working drawings to Tenant for its review and approval. Tenant shall notify Landlord in writing whether it approves of the resubmitted working drawings within one two (2) business day days after its receipt thereof. This process shall be repeated until the working drawings have been finally approved by Landlord Tenant and TenantLandlord. If Tenant fails to notify Landlord that it disapproves of the initial working drawings within three five (5) business days (or, in the case of resubmitted working drawings, within one two (2) business daydays) after the submission thereof, then Tenant shall be deemed to have approved the working drawings in question. Any delay caused Notwithstanding the foregoing, the working drawings approved by TenantTenant and Landlord shall also be submitted by the Architect to Landlord’s unreasonable withholding Building architect, Kieding, to perform a “Peer Review” of its consent or delay in giving its written approval as to such working drawings shall constitute a Tenant Delay Day (defined below)before the same are distributed to any contractors for bidding and pricing. If the working drawings are not fully Once Kieding has approved (or deemed approved) by both Landlord and Tenant by the 15th business day after the delivery of the initial draft thereof to Tenant, then each day after such time period that such working drawings are not fully approved (or deemed approved) by both Landlord and Tenant shall constitute a Tenant Delay Daydrawings, the same may be distributed to contractors for bidding in accordance with Section 4 below.
Appears in 1 contract
Sources: Lease Agreement (DMC Global Inc.)
Approval Process. Tenant Landlord shall notify Landlord Tenant whether it approves of the submitted working drawings Space Plans within three business days five (5) Business Days after LandlordTenant’s submission thereof. If Tenant Landlord disapproves of such working drawingsSpace Plans, then Tenant Landlord shall notify Landlord Tenant thereof specifying in reasonable detail the reasons for such disapproval, in which case Landlord Tenant shall, within five business days three (3) Business Days after such notice, revise such working drawings Space Plans in accordance with TenantLandlord’s objections and submit the revised working drawings same to Tenant Landlord for its review and approval. Tenant Landlord shall notify Landlord Tenant in writing whether it approves of the resubmitted working drawings Space Plans within one business day three (3) Business Days after its receipt thereof. This process shall be repeated until the working drawings Space Plans have been finally approved by Landlord and Tenant. If Tenant Landlord fails to notify Landlord that it disapproves Tenant of Landlord’s reasonable approval, approval with reasonable conditions or reasonable disapproval of the initial working drawings Space Plans within three business days such five (or, in the case of resubmitted working drawings, within one business day5) after the submission thereofBusiness Day period, then Tenant shall have the right to provide Landlord with a second written request for approval (a “Space Plans Second Request”) that contains the following statement in bold and capital letters: “THIS IS A SPACE PLANS SECOND REQUEST FOR APPROVAL OF SPACE PLANS PURSUANT TO THE PROVISIONS OF SECTION 2(b) OF THE WORK LETTER ATTACHED TO THE LEASE. IF LANDLORD FAILS TO RESPOND WITHIN FOUR (4) BUSINESS DAYS AFTER RECEIPT OF THIS NOTICE, THEN LANDLORD SHALL BE DEEMED TO HAVE APPROVED THE SPACE PLANS DESCRIBED THEREIN.” If Landlord fails to respond to such Space Plans Second Request within four (4) Business Days after receipt by Landlord, the Space Plans in question shall be deemed to have approved the working drawings in question. Any delay caused by Tenant’s unreasonable withholding of its consent or delay in giving its written approval as to such working drawings shall constitute a Tenant Delay Day (defined below). If the working drawings are not fully approved (or deemed approved) by both Landlord and Tenant by the 15th business day after the delivery of the initial draft thereof to Tenant, then each day after such time period that such working drawings are not fully approved (or deemed approved) by both Landlord and Tenant shall constitute a Tenant Delay DayLandlord.
Appears in 1 contract
Approval Process. Tenant shall notify Landlord whether it approves of the submitted working drawings within three business days (3) Business Days after Landlord’s submission thereof. If Tenant disapproves of such working drawings, then Tenant shall notify Landlord thereof specifying in reasonable detail the reasons for such disapproval, in which case Landlord shall, within five business days three (3) Business Days after such notice, revise such working drawings in accordance with Tenant’s objections and submit the revised working drawings to Tenant for its review and approval. Tenant shall notify Landlord in writing whether it approves of the resubmitted working drawings within one business day (1) Business Day after its receipt thereof. This process shall be repeated until the working drawings have been finally approved by Landlord and Tenant. If Tenant fails to notify Landlord that it disapproves of the initial working drawings within three business days (3) Business Days (or, in the case of resubmitted working drawings, within one business day(1) Business Day) after the submission thereof, then Tenant shall be deemed to have approved the working drawings in question. Any delay caused by Tenant’s unreasonable withholding of its consent or delay in giving its written approval as to such working drawings shall constitute a Tenant Delay Day (defined below). If Each day after the time period set forth above for Tenant to review and approve or to disapprove (specifying in reasonable detail the reasons for such disapproval) the working drawings are which Tenant does not fully approved (so approve or deemed approved) by both Landlord and Tenant by the 15th business day after the delivery of the initial draft thereof to Tenantdisapprove, then each day after such time period that such working drawings are not fully approved (or deemed approved) by both Landlord and Tenant as applicable, shall constitute a Tenant Delay Day.
Appears in 1 contract
Sources: Office Lease Agreement (Arcutis Biotherapeutics, Inc.)
Approval Process. Tenant shall notify Landlord whether it approves of the submitted working drawings within three business days four (4) Business Days after Landlord▇▇▇▇▇▇▇▇’s submission thereof. If Tenant ▇▇▇▇▇▇ disapproves of such working drawings, then Tenant shall notify Landlord thereof specifying in reasonable detail the reasons for such disapproval, in which case Landlord shall, within five business days (5) Business Days after such notice, revise such working drawings in accordance with Tenant▇▇▇▇▇▇’s objections and submit the revised working drawings to Tenant for its review and approval. Tenant shall notify Landlord in writing whether it approves of the resubmitted working drawings within one business day three (3) Business Days after its receipt thereof. This process shall be repeated until the working drawings have been finally approved by Landlord and Tenant. If Tenant ▇▇▇▇▇▇ fails to notify Landlord that it disapproves of the initial working drawings within three business days four (4) Business Days (or, in the case of resubmitted working drawings, within one business daythree (3) Business Days) after the submission thereof, then Tenant shall be deemed to have approved the working drawings in question. Any delay caused by Tenant▇▇▇▇▇▇’s unreasonable withholding of its consent or delay in giving its written approval as to such working drawings shall constitute a Tenant Delay Day (defined below). If the working drawings are not fully approved (or deemed approved) by both Landlord and Tenant by the 15th business day fifteenth (15th) Business Day after the delivery of the initial draft thereof to Tenant, then each day after such time period that such working drawings are not fully approved (or deemed approved) by both Landlord and Tenant shall constitute a Tenant Delay Day.
Appears in 1 contract
Sources: Lease Termination Agreement (Spruce Biosciences, Inc.)
Approval Process. Tenant shall notify Landlord whether it approves of the submitted working drawings within three business days after Landlord’s submission thereof. If Tenant disapproves of such working drawings, then Tenant shall notify Landlord thereof specifying in reasonable detail the reasons for such disapproval, in which case Landlord shall, within five business days after such notice, revise such working drawings in accordance with Tenant’s objections and submit the revised working drawings to Tenant for its review and approval. Tenant shall notify Landlord in writing whether it approves of the resubmitted working drawings within one business day after its receipt thereof. This process shall be repeated until the working drawings have been finally approved by Landlord and Tenant. If Tenant fails to notify Landlord that it disapproves of the initial working drawings within three business days (or, in the case of resubmitted working drawings, within one business day) after the submission thereof, then Tenant such approvals shall not be deemed to have approved the working drawings in questionunreasonably withheld or delayed. Any delay caused by Tenant’s unreasonable withholding of its consent or delay in giving its written approval as to such working drawings shall constitute a Tenant Delay Day (defined below). If the working drawings are not fully approved (or deemed approved) by both Landlord and Tenant by the 15th business day after the delivery of the initial draft thereof to Tenant, then each day after such time period that such working drawings are not fully approved (or deemed approved) by both Landlord and Tenant shall constitute a Tenant Delay Day.
Appears in 1 contract
Sources: Lease Agreement (Efj Inc)
Approval Process. Tenant shall notify Landlord whether it approves of the submitted working drawings within three business days after Landlord’s submission thereof. If Tenant disapproves of such working drawings, then Tenant shall notify Landlord thereof specifying in reasonable detail the reasons for such disapproval, in which case Landlord shall, within five three business days after such notice, revise such working drawings in accordance with Tenant’s objections and submit the revised working drawings to Tenant for its review and approval. Tenant shall notify Landlord in writing whether it approves of the resubmitted working drawings within one business day after its receipt thereof. This process shall be repeated until the working drawings have been finally approved by Landlord and Tenant. If Tenant fails to notify Landlord that it disapproves of the initial working drawings within three business days (or, in the case of resubmitted working drawings, within one business day) after the submission thereof, then Tenant shall be deemed to have approved the working drawings in question. Any delay caused by Tenant’s unreasonable withholding of its consent or delay in giving its written approval as to such working drawings shall constitute a Tenant Delay Day (defined below). If the working drawings are not fully approved (or deemed approved) by both Landlord and Tenant by the 15th business day after the delivery of the initial draft thereof to Tenant, then each day after such time period that such working drawings are not fully approved (or deemed approved) by both Landlord and Tenant shall constitute a Tenant Delay Day.
Appears in 1 contract
Sources: Lease Agreement (Energytec Inc)
Approval Process. Tenant Landlord shall notify Landlord Tenant whether it approves of the submitted working drawings within three business days seven (7) Business Days after LandlordTenant’s submission thereof. If Tenant Landlord disapproves of such working drawings, then Tenant Landlord shall notify Landlord Tenant thereof specifying in reasonable detail the reasons for such disapproval, in which case Landlord Tenant shall, within five business days three (3) Business Days after such notice, revise such working drawings in accordance with TenantLandlord’s objections and submit the revised working drawings to Tenant Landlord for its review and approval. Tenant Landlord shall notify Landlord Tenant in writing whether it approves of the resubmitted working drawings within one business day three (3) Business Days after its receipt thereof. This process shall be repeated until the working drawings have been finally approved by Landlord and Tenant. If Tenant fails to notify Landlord that it disapproves of the initial working drawings within three business days (or, in the case of resubmitted timely deliver such working drawings, within one business day) then each day after the submission thereof, then Tenant shall be deemed to have approved the working drawings in question. Any delay caused by Tenant’s unreasonable withholding of its consent or delay in giving its written approval as to Working Drawings Delivery Deadline that such working drawings are not delivered to Landlord shall constitute be a Tenant Delay Day (defined below). If Landlord fails to respond to a request for consent within the time periods stated above, then Landlord shall be deemed to have consented to such request if Tenant sends a second request for consent after the time periods above (which notice shall have a heading in at least 12-point type, bold and all caps “FAILURE TO RESPOND SHALL RESULT IN DEEMED APPROVAL OF A TENANT REQUEST”) and Landlord fails to respond within three (3) Business Days after receipt of such second request. If the working drawings are not fully approved (or deemed approved) by both Landlord and Tenant by the 15th business day after the delivery of the initial draft thereof to TenantOctober 15, 2005, then each day after such time period that such working drawings are not fully approved (or deemed approved) by both Landlord and Tenant as a result of Tenant rather than Landlord caused delays shall constitute a Tenant Delay Day.
Appears in 1 contract
Approval Process. Tenant shall notify Landlord whether it approves of the submitted working drawings within three two (2) business days after Landlord’s 's submission thereof. If Tenant disapproves of such working drawings, then Tenant shall notify Landlord thereof specifying in reasonable detail the reasons for such disapproval, in which case Landlord shall, within five (5) business days after such notice, revise such working drawings in accordance with Tenant’s 's objections and submit the revised working drawings to Tenant for its review and approval. Tenant shall notify Landlord in writing whether it approves of the resubmitted working drawings within one (1) business day after its receipt thereof. This process shall be repeated until the working drawings have been finally approved by Landlord and Tenant. If Tenant fails to notify Landlord that it disapproves of the initial working drawings within three two (2) business days (or, in the case of resubmitted working drawings, within one (1) business day) after the submission thereof, then Tenant shall be deemed to have approved the working drawings in question. Any delay caused by Tenant’s 's unreasonable withholding of its consent or delay in giving its written approval as to such working drawings shall constitute a Tenant Delay Day (defined below). If the working drawings are not fully approved (or deemed approved) by both Landlord and Tenant by the 15th 20th business day after the delivery of the initial draft thereof to Tenantthereof, then each day after such time period that such working drawings are not fully approved (or deemed approved) by both Landlord and Tenant shall constitute a Tenant Delay Day.
Appears in 1 contract
Sources: Office Lease Agreement (Wells Real Estate Fund Xi L P)
Approval Process. Tenant Landlord shall notify Landlord Tenant whether it approves of the submitted working drawings within three TEN (10) business days after LandlordTenant’s submission thereof. If Tenant Landlord disapproves of such working drawings, then Tenant Landlord shall notify Landlord Tenant thereof specifying in reasonable detail the reasons for such disapproval, in which case Landlord shall, within five business days after such notice, Tenant shall revise such working drawings in accordance with TenantLandlord’s objections and submit the revised working drawings to Tenant Landlord for its review and approval. Tenant Landlord shall notify Landlord Tenant in writing whether it approves of the resubmitted working drawings within one FIVE (5) business day days after its receipt thereof. This process shall be repeated until the working drawings have been finally approved by Landlord Tenant and TenantLandlord. If Tenant Landlord fails to notify Landlord Tenant that it disapproves of the initial working drawings within three TEN (10) business days (or, in the case of resubmitted working drawings, within one FIVE (5) business daydays) after the submission thereof, then Tenant Landlord shall be deemed to have approved the working drawings in question. Any delay caused by TenantLandlord’s unreasonable withholding approval of its consent or delay in giving its written approval as to such the working drawings shall constitute a Tenant Delay Day (defined below). If not be unreasonably withheld, conditioned or delayed; and Landlord’s approval rights shall be limited to the working drawings improvements that impact the building’s structure or MEP systems or are not fully approved (or deemed approved) by both Landlord and Tenant by visible from the 15th business day after the delivery exterior of the initial draft thereof to Tenant, then each day after such time period that such working drawings are not fully approved (or deemed approved) by both Landlord and Tenant shall constitute a Tenant Delay DayPremises.
Appears in 1 contract
Sources: Lease Agreement (Kamada LTD)
Approval Process. Tenant shall notify Landlord in writing whether it approves of the submitted working drawings Draft Working Drawings within three seven (7) business days after Landlord’s submission thereof. If Tenant disapproves of such working drawingsDraft Working Drawings, then Tenant shall notify Landlord thereof specifying in reasonable detail the reasons for such disapproval, in which case Landlord shall, within five business days after such notice, shall revise such working drawings in accordance with Tenant’s objections Draft Working Drawings and submit the revised working drawings Draft Working Drawings to Tenant for its review and approval; provided, however, that with respect to items affecting the Building Structure or Building Systems, Landlord shall have the right to reject Tenant’s requested changes in Landlord’s sole and absolute discretion. Tenant shall notify Landlord in writing whether it approves of the resubmitted working drawings Draft Working Drawings within one three (3) business day days after its receipt thereof. This process shall be repeated until the working drawings Draft Working Drawings have been finally approved by Landlord and Tenant. If Tenant ▇▇▇▇▇▇ fails to notify Landlord that it disapproves of the initial working drawings Draft Working Drawings within three seven (7) business days (or, in the case of resubmitted working drawingsDraft Working Drawings, within one three (3) business daydays) after the submission thereof, then Tenant shall be deemed to have approved the working drawings Draft Working Drawings in question. Any delay caused by Tenant’s unreasonable withholding of its consent or delay in giving its written approval as to such working drawings shall constitute a Tenant Delay Day (defined below). If the working drawings are not fully approved (or deemed approved) by both Landlord and Tenant by the 15th business day after the delivery of the initial draft thereof to Tenant, then each day after such time period that such working drawings are not fully approved (or deemed approved) by both Landlord and Tenant shall constitute a Tenant Delay Day.
Appears in 1 contract