Common use of BASIC DESIGN SERVICES Clause in Contracts

BASIC DESIGN SERVICES. (a) All design services required to be performed hereunder or caused to be performed hereunder by the Landlord for the Landlord's Work, including, without limitation, the preparation of the Design Development Documents and the Final Construction Documents, both as hereinafter defined, shall be performed by the Architect who is a qualified, licensed architect who has been selected by Landlord and The Perry Company ("Design/Builder"). All such basic design services for the Landlord's Work shall be paid by the Landlord. The professional obligations of the Architect shall be undertaken and performed in the interest of the Landlord, Tenant and the Design/Builder. Landlord has employed the Design/Builder and Design/Builder has employed (i) Architect as the architect of record to prepare the Conceptual Plans and Specifications, the Design Development Documents and the Final Construction Documents, (ii) Peridian as the landscape architect (the "Landscape Architect"), and (ii) Be-Mac's Landscaping & Maintenance Service as the landscape contractor (the "Landscape Contractor"). Landlord may not replace Design-Builder, the Landscape Architect or the Landscape Contractor, without the written approval of Tenant, which approval shall not be unreasonably withheld or delayed. Neither the Landlord nor the Design-Builder may replace the Architect as the architect of record without the written approval of Tenant, which approval shall not be unreasonably withheld or delayed. (b) The Landlord represents and warrants to the Tenant that Landlord shall provide all documents and materials necessary for the Design/Builder to submit an accurate and complete proposal. The Landlord further acknowledges and confirms that it has examined the site and all physical, legal and other conditions affecting the Landlord's Work and is fully familiar with the site and with such conditions and that Landlord shall fully inform the Design/Builder of all such information. The Landlord specifically represents and warrants to the Tenant that it is intimately familiar with the physical condition of the real property and has examined (1) the nature, location, and character of the Landlord's Work and the site, including, without limitation, the surface and subsurface conditions of the site and all structures and

BASIC DESIGN SERVICES. (a) All design services required to be performed hereunder or caused to be performed hereunder by the Landlord for the Landlord's ’s Work, including, without limitation, the preparation of the Design Development Documents and the Final Construction Documents, both as hereinafter defined, shall be performed by the Architect who is a qualified, licensed architect who has been selected by Landlord and The Perry Company ("“Design/Builder"”). All such basic design services for the Landlord's ’s Work shall be paid by the Landlord. The professional obligations of the Architect shall be undertaken and performed in the interest of the Landlord, Tenant and the Design/Builder. Landlord has employed the Design/Builder and Design/Builder has employed (i) Architect as the architect of record to prepare the Conceptual Plans and Specifications, the Design Development Documents and the Final Construction Documents, (ii) Peridian as the landscape architect (the "“Landscape Architect"”), and (ii) Be-Mac's ’s Landscaping & Maintenance Service as the landscape contractor (the "“Landscape Contractor"”). Landlord may not replace Design-Builder, the Landscape Architect or the Landscape Contractor, without the written approval of Tenant, which approval shall not be unreasonably withheld or delayed. Neither the Landlord nor the Design-Builder may replace the Architect as the architect of record without the written approval of Tenant, which approval shall not be unreasonably withheld or delayed. (b) The Landlord represents and warrants to the Tenant that Landlord shall provide all documents and materials necessary for the Design/Builder to submit an accurate and complete proposal. The Landlord further acknowledges and confirms that it has examined the site and all physical, legal and other conditions affecting the Landlord's ’s Work and is fully familiar with the site and with such conditions and that Landlord shall fully inform the Design/Builder of all such information. The Landlord specifically represents and warrants to the Tenant that it is intimately familiar with the physical condition of the real property and has examined (1) the nature, location, and character of the Landlord's ’s Work and the site, including, without limitation, the surface and subsurface conditions of the site and all structures and obstructions thereon and thereunder, both natural and man-made, and all surface and subsurface water conditions of the site; (2) the nature, location, and character of the general area in which the Landlord’s Work is located, including without limitation, its climatic conditions, available labor supply and labor costs, and available equipment supply and equipment costs; and (3) the quality and quantity of all materials, supplies, tools, equipment, labor, and professional services necessary to complete the Landlord’s Work and Tenant Improvements in the manner and within the cost and time required by this Lease Agreement. The Landlord shall be responsible for any surface, subsurface, subsurface water or soil conditions upon the site, and the cost of any remedial action necessitated thereby shall be the sole responsibility of the Landlord. (c) Landlord shall prepare and Tenant shall review no fewer than three (3) separate sets of plans and specifications for each phase of the design of Landlord’s Work. The phases of the design of the Landlord’s Work are referred to in this Lease Agreement as the Conceptual Plans and Specifications (as hereinafter defined in Section 2.3(a)), the Design Development Documents (as hereinafter defined in Section 2.3(c) and the Final Construction Documents (as hereinafter defined in Section 2.3d). Both parties agree that the Conceptual Plans and Specifications have been agreed upon and, except through Change Orders in accordance with Section 2.6, that Tenant shall have no further right to review and approve the Conceptual Plans and Specifications. Both parties acknowledge that the Conceptual Plans and Specifications contain certain minimum building performance standards (the “Minimum Building Standards”) which must be met by the Landlord, notwithstanding the Tenant’s approval of the subsequent Design Development Documents and the Final Construction Documents. No change whatsoever may be made to the Minimum Building Standards set forth in the Conceptual Plans and Specifications, unless the Tenant shall approve, in Tenant’s sole and absolute discretion, such change or omission pursuant to a written Change Order, numbered and dated, except for minor nonmaterial changes not involving a change in completion time, or in the aesthetics, quality or functionality of the Building.