Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the “Final Working Drawings”) and shall submit the same to Landlord for Landlord’s approval. Tenant shall supply Landlord with four (4) copies signed by Tenant of such Final Working Drawings. Landlord shall advise Tenant within five (5) business days after Landlord’s receipt of the Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. If Tenant is so advised, Tenant shall immediately revise the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith and resubmit them to Landlord. Landlord shall advise Tenant within five (5) business days after Landlord’s receipt of any revised Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. Notwithstanding anything to the contrary in this Section 3.3, Landlord shall not unreasonably withhold, condition or delay its approval of the Final Working Drawings; provided, however, that to the extent that such Final Working Drawings may (i) affect the exterior appearance of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings in its sole discretion. Once approved by Landlord, the Final Working Drawings are the “Approved Working Drawings”.
Appears in 1 contract
Sources: Office Lease (Visualant Inc)
Final Working Drawings. After the Final Space Plan has been approved by Upon Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the 's approval of the Final Space Plan by Landlord and TenantPlan, Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing the final architectural working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the “"Final Working Drawings”") and shall submit two (2) full size sets signed by Tenant of the same and the CAD file of the Final Working Drawing to Landlord for Landlord’s 's approval, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall supply Landlord with four Within fifteen (415) copies signed by Tenant of such Final Working Drawings. Landlord shall advise Tenant within five (5) business days after following Landlord’s 's receipt of the Final Working Drawings for the Premises if the same is unsatisfactory Drawings, Landlord shall provide Tenant with its approval, disapproval or incomplete in any respect. If Tenant is so advised, Tenant shall immediately revise the approval with conditions of such Final Working Drawings in accordance with (provided however that such review and any fifteen (15) day period shall be extended as needed for structural items). Landlord's failure to respond within such fifteen (15) day period shall be deemed Landlord's disapproval of Landlord in connection therewith and resubmit them to Landlord. Landlord shall advise Tenant within five (5) business days after Landlord’s receipt of any revised Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. Notwithstanding anything to the contrary in this Section 3.3, Landlord shall not unreasonably withhold, condition or delay its approval of the Final Working Drawings; provided, however, that after the expiration of such fifteen (15) day period, Tenant may send Landlord written notice of the expiration of such fifteen (15) day period with a second request for Landlord to so approve of the extent that such Final Working Drawings, in which case, Landlord shall be deemed to have approved of the Final Working Drawings may (iother than for structural items) affect the exterior appearance if Landlord does not approve or disapprove of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings in its sole discretionwithin five (5) days after receipt of such written notice from Tenant. Once approved If Landlord disapproves any draft of the Final Working Drawings, Landlord's disapproval shall indicate the reasonable reasons for such disapproval and Tenant shall resubmit the Final Working Drawings with the modifications required by Landlord, . This process shall continue until the Final Working Drawings are approved by Landlord. Landlord shall respond with its approval or disapproval of the “Approved resubmitted Final Working Drawings within ten (10) business days following Landlord's receipt thereof. Landlord's failure to respond within such ten (10) business day period shall be deemed Landlord's disapproval of the resubmitted Final Working Drawings”; provided, however, that after the expiration of such ten (10) business day period, Tenant may send Landlord written notice of the expiration of such ten (10) business day period with a second request for Landlord to so approve of the resubmitted Final Working Drawings, in which case, Landlord shall be deemed to have approved of the resubmitted Final Working Drawings (other than for structural items) if Landlord does not approve or disapprove of the resubmitted Final Working Drawings within five (5) business days after receipt of such written notice from Tenant. Tenant shall be solely responsible for the timely preparation and submission to Landlord of the final architectural, electrical and mechanical construction drawings, plans and specifications (called "Construction Documents") necessary to construct the Tenant Work, which Construction Documents shall be subject to approval by Landlord, such approval not to be unreasonably withheld, conditioned or delayed, and Landlord's architect and engineers and shall comply with their requirements to avoid aesthetic or other conflicts with the design and function of the balance of the Project. Tenant shall be responsible for all elements of the design of the Construction Documents (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Building D Expansion Space and the placement of Tenant's furniture, appliances and equipment), and Landlord's approval of the Construction Documents shall in no event relieve Tenant of the responsibility for such design. Tenant shall be solely responsible for the timely preparation and submission of the Construction Documents and for all elements of the design of such Construction Documents and for all costs related thereto.
Appears in 1 contract
Sources: Office Lease Agreement (GoPro, Inc.)
Final Working Drawings. After Tenant shall cause Tenant’s architect to prepare from the approved Space Plans and furnish to Landlord and Tenant for review and approval, complete architectural plans, drawings and specifications and complete engineered mechanical, structural and electrical Working Drawings for (i) all of the Premises, showing the demising plan, improvements, and Tenant’s design work, (ii) Tenant’s electrical, plumbing and lighting requirements, and (iii) any internal or external communications or special utility facilities (collectively “Final Working Drawings and Specifications”; the work shown thereon being called the “Tenant Work”), all in such form and in such detail as may be reasonably required by Landlord. Concurrently with the delivery of the Final Space Plan has been approved by LandlordWorking Drawings and Specifications to Landlord for its approval, Tenant shall supply cause Tenant’s architect to deliver to Landlord and Tenant for review and approval: (i) a schedule of values allocating costs to the Engineers various portions of the work involved in the construction and installation of the improvements required by the Final Working Drawings and Specifications (“Schedule of Values”), (ii) an estimate of the total Work Cost (“Work Cost Estimate”) for the Tenant Work to which the Final Working Drawings and Specifications relate, and (iii) a tentative construction schedule for the Tenant Work represented by the Final Working Drawings and Specifications showing the anticipated commencement date and projected completion date (“Tentative Construction Schedule”). Tenant’s architect and/or contractor shall provide all services necessary for the preparation of the Final Working Drawings and Specifications, Schedule of Values, Work Cost Estimate and Tentative Construction Schedule and for securing such permits and approvals as, by reason of the nature of the Tenant Work, shall be required from any governmental authority having jurisdiction over such work or for compliance with a complete listing of standard and non-standard equipment and specificationsapplicable statutes, codes, ordinances, rules or regulations deemed necessary by Landlord in connection with the Tenant Work, including, without limitation, B.T.U. calculationsOSHA and CAL-OSHA, electrical requirements life-safety and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the “Final Working Drawings”) and shall submit the same to Landlord for Landlord’s approval. Tenant shall supply Landlord with four (4) copies signed by Tenant of such Final Working Drawings. Landlord shall advise Tenant within five (5) business days after Landlord’s receipt of the Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. If Tenant is so advised, Tenant shall immediately revise the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith and resubmit them to Landlord. Landlord shall advise Tenant within five (5) business days after Landlord’s receipt of any revised Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. Notwithstanding anything to the contrary in this Section 3.3, Landlord shall not unreasonably withhold, condition or delay its approval of the Final Working Drawings; provided, however, that to the extent that such Final Working Drawings may (i) affect the exterior appearance of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings in its sole discretion. Once approved by Landlord, the Final Working Drawings are the “Approved Working Drawings”sprinklers.
Appears in 1 contract
Final Working Drawings. After Based on the Final Space Plan has been approved by LandlordPlan, Tenant Landlord shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the “Final Working Drawings”) and shall submit the same to Landlord Tenant for LandlordTenant’s approval. The Final Working Drawings shall incorporate modifications to the Final Space Plan as necessary to comply with the floor load and other structural and system requirements of the Building. To the extent that the finishes and specifications are not completely set forth in the Final Space Plan for any portion of the Tenant Improvements depicted thereon, the actual specifications and finish work shall be in accordance with the Specifications. Tenant shall supply Landlord with four (4) copies signed by Tenant of such approve or reasonably disapprove the Final Working Drawings. Landlord shall advise Tenant Drawings or any revisions thereto within five three (53) business days after Landlord’s receipt of Landlord delivers the Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. If Tenant is so advised, Tenant shall immediately revise the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith and resubmit them revisions thereto to Landlord. Landlord shall advise Tenant within five (5) business days after Landlord’s receipt of any revised Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. Notwithstanding anything to the contrary in this Section 3.3, Landlord shall not unreasonably withhold, condition or delay its approval of the Final Working DrawingsTenant; provided, however, that to the extent that such Final Working Drawings Tenant may (i) affect the exterior appearance of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings in its sole discretion. Once approved by Landlord, only disapprove the Final Working Drawings to the extent the same are not (subject to changes reasonably required by Landlord) in substantial conformance with the Final Space Plan (“Approved Working Drawing Design Problem”). If Tenant reasonably disapproves the Final Working Drawings”, Tenant shall provide Landlord with written notice of such disapproval within said three (3) business day period along with the reasons for such disapproval. Thereafter, the parties shall negotiate in good faith to revise the Final Working Drawings to remove Tenant’s objections thereto. Tenant’s failure to reasonably disapprove the Final Working Drawings or any revisions thereto by written notice to Landlord (which notice shall specify in detail the reasonable reasons for Tenant’s disapproval pertaining to any Working Drawing Design Problem) within said three (3) business day period shall be deemed to constitute Tenant’s approval of the Final Working Drawings or such revisions.
Appears in 1 contract
Sources: Office Lease (Serena Software Inc)
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. Title 24 calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings in a form which is sufficiently complete to allow subcontractors all of Tenant’s Agents to bid on the work and to obtain all applicable permits (collectively, the “Final Working Drawings”) and shall submit the same to Landlord for Landlord’s approval, which shall not be unreasonably withheld, conditioned, or delayed. Tenant shall supply Landlord with four (4) copies signed by Tenant of such Final Working Drawings. Landlord shall advise Tenant within five ten (510) business days after Landlord’s receipt of the Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. If Tenant is so advised, Tenant shall immediately revise promptly cause the Final Working Drawings to be revised in accordance with such review and any disapproval of Landlord in connection therewith and resubmit them therewith. If Landlord fails to Landlordrespond to the Final Working Drawings within the ten (10) business day period set forth above, Tenant may send Landlord a reminder notice setting forth such failure containing the following sentence at the top of such notice in bold, capitalized font at least twelve (12) points in size: “LANDLORD’S FAILURE TO RESPOND TO THIS NOTICE WITHIN FIVE (5) BUSINESS DAYS SHALL RESULT IN LANDLORD’S DEEMED APPROVAL OF TENANT’S FINAL WORKING DRAWINGS” (the “Final Working Drawings Reminder Notice”). Any such Final Working Drawings Reminder Notice shall include a complete copy of the Final Working Drawings. If Landlord shall advise Tenant fails to respond within five (5) business days after Landlord’s receipt of any revised a Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. Notwithstanding anything to the contrary in this Section 3.3, Landlord shall not unreasonably withhold, condition or delay its approval of the Final Working Drawings; provided, however, that to the extent that such Final Working Drawings may (i) affect the exterior appearance of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed the SpecificationsReminder Notice, then Landlord may grant or withhold its approval of such Final Working Drawings in its sole discretion. Once approved by Landlord, the Final Working Drawings are the “Approved Working Drawings”shall be deemed approved by Landlord.
Appears in 1 contract
Sources: Lease (Maze Therapeutics, Inc.)
Final Working Drawings. After Promptly following the approval of a Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the Premisesapplicable Tenant Improvements, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing the final architectural working drawings in a form which that is sufficiently complete to allow subcontractors to bid on the work and to obtain all applicable permits Permits (collectively, the “Final Working Drawings”) ), and shall submit the same to Landlord for Landlord’s approval, which shall not be unreasonably withheld, conditioned or delayed. Tenant shall supply Landlord with four (4) copies signed by Tenant of such Final Working Drawings. Landlord shall advise Tenant within five ten (510) business days after Landlord’s receipt of the any Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respectreasonable respect and the reasons therefor pursuant to Section 2.2 above. If Tenant is so advised, Tenant shall immediately revise the such Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith and resubmit them therewith, subject to LandlordSection 2.2 above. Landlord Tenant shall advise Tenant within five (5) business days after Landlord’s receipt of any revised make no material changes, modifications or alterations to the Final Working Drawings for or the Premises if Tenant Improvements without the same is unsatisfactory or incomplete in any respect. Notwithstanding anything to the contrary in this Section 3.3prior written consent of Landlord, Landlord which consent shall not be unreasonably withholdwithheld, condition conditioned or delay its approval of the delayed. Without limitation as to any other reason for Landlord reasonably withholding consent to any Final Working Drawings or any such proposed changes, modifications or alterations to any Final Working Drawings; provided, however, that it shall be deemed reasonable for Landlord to the extent that such withhold consent if any Final Working Drawings may or any such change, modification or alteration would:
2.5.1 be of a quality lower than the quality of the Specifications,
2.5.2 require modification to any portion of the Project other than the applicable portions of the floors of the Premises under construction,
2.5.3 not be in accordance with industry standards applicable to Comparable Buildings and would materially and detrimentally affect any of the Project utilities, systems or structure, or the value (i) affect the in excess of any de minimus amount), use or exterior appearance of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) Project,
2.5.4 unreasonably interfere with the operations of any other occupant’s normal and customary office operation, tenant or occupant of the Project (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed the Specifications, then as determined by Landlord may grant or withhold its approval of such Final Working Drawings in its sole but good faith discretion. Once approved by ),
2.5.5 increase the cost of operating the Project (unless Tenant agrees to pay the cost of any such increase and such increased cost would not unreasonably burden Landlord’s management and operation of the Project; an example of such an unreasonable burden includes, without limitation, any requirements for power that exceed then-applicable Building capacities), or
2.5.6 violate the Lease, the Final Working Drawings are CC&R’s or skyway agreements recorded against the “Approved Working Drawings”Project as of the Lease Date or any Applicable Law that affects the Building.
Appears in 1 contract
Sources: Office Lease (SPS Commerce Inc)
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval (or deemed approval) of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the Premises, Premises and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the “"Final Working Drawings”") and shall submit the same to Landlord for Landlord’s 's approval. Tenant shall supply Landlord with four (4) hard copies signed by Tenant of the Final Working Drawings, and concurrently with Tenant's delivery of such hard copies, Tenant shall send to Landlord via electronic mail one (1) .pdf electronic copy of such Final Working Drawings. In addition, Tenant shall have the right to include with its delivery of any Final Working Drawings a request to be notified whether the Improvements set forth thereon (or any portion thereof) constitute Specialty Alterations pursuant to Section 3.7. Landlord shall advise Tenant within ten (10) business days after Tenant’s delivery of the Final Working Drawings pursuant to the TCCs of Section 29.18 if there is a Design Problem with respect to such Final Working Drawings otherwise Landlord shall approve or disapprove such Final Working Drawings within such ten (10) business day period. If Landlord fails to respond to any request for consent to the Final Working Drawings within such ten (10) business day period, Tenant shall have the right to provide Landlord with a second request for consent, which second notice must state the following in bold and capped font: “THIS IS TENANT’S SECOND NOTICE TO LANDLORD. LANDLORD FAILED TO RESPOND TO TENANT’S FIRST NOTICE REQUESTING CONSENT TO THE FINAL WORKING DRAWINGS IN ACCORDANCE WITH THE TERMS OF THE WORK LETTER ATTACHED TO THE LEASE. IF LANDLORD FAILS TO RESPOND TO THIS NOTICE WITHIN FIVE (5) BUSINESS DAYS FOLLOWING TENANT’S DELIVERY OF THIS NOTICE PURSUANT TO THE TCCS OF SECTION 29.18 OF THE LEASE, LANDLORD SHALL BE DEEMED TO HAVE CONSENTED TO THE PROPOSED FINAL WORKING DRAWINGS.” If Tenant’s second notice complies with the terms of this Section and Landlord’s failure to respond continues for five (5) business days after Landlord’s receipt its delivery of the second request for consent pursuant to the TCCs of Section 29.18 of the Lease, the Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respectdelivered to Landlord shall be deemed to have been approved by Landlord. If Tenant is so advised, Tenant shall immediately revise the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith and resubmit them to Landlordtherewith. Landlord shall advise Tenant within five (5) business days after Landlord’s receipt of any revised Final Working Drawings for the Premises In addition, if the same is unsatisfactory or incomplete in any respect. Notwithstanding anything to the contrary in this Section 3.3, Landlord shall not unreasonably withhold, condition or delay its approval of the Final Working Drawings; provided, however, that to the extent that such Final Working Drawings may (i) affect the exterior appearance of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings in its sole discretion. Once approved by Landlord, the Final Working Drawings are or any amendment thereof or supplement thereto shall require alterations in the “Approved Working Drawings”Base Building (as contrasted with the Improvements), and if Landlord in its sole and exclusive discretion agrees to any such alterations, and notifies Tenant of the need and cost for such alterations, then Tenant shall pay the reasonable and cost of such required changes in advance upon receipt of notice thereof.
Appears in 1 contract
Sources: Office Lease (Okta, Inc.)
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premisesrelevant phase of the Tenant Improvements, to enable the Engineers and the Architect to complete the “"Final Working Drawings” " (as that term is defined below) for the Premises in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the Premisesrelevant phase, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings in a form which is sufficiently complete to allow subcontractors all of Tenant's Agents to bid on the work and to obtain all applicable permits (collectively, the “"Final Working Drawings”") and shall submit the same to Landlord for Landlord’s 's approval, which shall not be unreasonably withheld, conditioned, or delayed. Tenant shall supply Landlord with four (4) copies signed by Tenant of such Final Working Drawings. Landlord shall advise Tenant within five (5) business days after Landlord’s 's receipt of the Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respectrespect (provided that, if the scope of such Final Working Drawings are such that Landlord cannot reasonably complete its review in such period, Landlord will inform Tenant, and such period will be extended five (5) additional business days). If Tenant is so advised, Tenant shall immediately revise promptly cause the Final Working Drawings to be revised in accordance with such review and any disapproval of Landlord in connection therewith therewith. If Landlord fails to respond to any requests within the specified period, Tenant may deliver Landlord a reminder notice, and resubmit them if Landlord fails to Landlord. Landlord shall advise Tenant respond within five two (52) business days after Landlord’s receipt of any revised Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. Notwithstanding anything to the contrary in this Section 3.3reminder notice, Landlord such request shall not unreasonably withhold, condition or delay its approval of the Final Working Drawings; provided, however, that to the extent that such Final Working Drawings may (i) affect the exterior appearance of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings in its sole discretion. Once approved by Landlord, the Final Working Drawings are the “Approved Working Drawings”be deemed approved.
Appears in 1 contract
Final Working Drawings. After Based on the Final Space Plan has been approved by LandlordPlan, Tenant Landlord shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the Premises, and cause the Architect shall to compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the “"Final Working Drawings”") and shall submit the same to Tenant for Tenant's approval. The Final Working Drawings shall incorporate modifications to the Final Space Plan as necessary to comply with the floor load and other structural and system requirements of the Building. To the extent that the finishes and specifications are not completely set forth in the Final Space Plan for any portion of the Tenant Improvements depicted thereon, the actual specifications and finish work shall be in accordance with the Specifications, unless Tenant directs otherwise (and Landlord for Landlord’s approvalapproves the same). Tenant shall supply Landlord with four (4) copies signed by Tenant of such approve or reasonably disapprove the Final Working Drawings. Landlord shall advise Tenant Drawings or any revisions thereto within five ten (510) business days after Landlord’s receipt of Landlord delivers the Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. If Tenant is so advised, Tenant shall immediately revise the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith and resubmit them revisions thereto to Landlord. Landlord shall advise Tenant within five (5) business days after Landlord’s receipt of any revised Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. Notwithstanding anything to the contrary in this Section 3.3, Landlord shall not unreasonably withhold, condition or delay its approval of the Final Working DrawingsTenant; provided, however, that to the extent that such Final Working Drawings Tenant may (i) affect the exterior appearance of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings in its sole discretion. Once approved by Landlord, only disapprove the Final Working Drawings to the extent the same are not (subject to changes reasonably required by Landlord) in substantial conformance with the “Approved Final Space Plan ("Working Drawings”Drawing Design Problem"). Tenant's failure to reasonably disapprove the Final Working Drawings or any revisions thereto by written notice to Landlord (which notice shall specify in detail the reasonable reasons for Tenant's disapproval pertaining to any Working Drawing Design Problem) within said ten (10) business day period shall be deemed to constitute Tenant's approval of the Final Working Drawings or such revisions.
Appears in 1 contract
Sources: Lease (Janux Therapeutics, Inc.)
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “"Final Working Drawings” " (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the “"Final Working Drawings”") and shall submit the same to Landlord for Landlord’s 's approval. Tenant shall supply Landlord with four (4) hard copies signed by Tenant of the Final Working Drawings, and concurrently with Tenant's delivery of such hard copies, Tenant shall send to Landlord via electronic mail one (1) .pdf electronic copy of such Final Working Drawings. Landlord shall advise Tenant within five (5) business days after Landlord’s 's receipt of the Final Working Drawings for the Premises if Landlord reasonably determines the same is unsatisfactory or incomplete in any respect. If Tenant is so advised, Tenant shall immediately revise the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith and resubmit them to Landlordtherewith. Landlord shall advise Tenant within five (5) business days after Landlord’s receipt of any revised Final Working Drawings for the Premises In addition, if the same is unsatisfactory or incomplete in any respect. Notwithstanding anything to the contrary in this Section 3.3, Landlord shall not unreasonably withhold, condition or delay its approval of the Final Working Drawings; provided, however, that to the extent that such Final Working Drawings may (i) affect the exterior appearance of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings in its sole discretion. Once approved by Landlord, the Final Working Drawings are or any amendment thereof or supplement thereto shall require alterations in the “Approved Working Drawings”Base Building (as contrasted with the Tenant Improvements), and if Landlord in its sole and exclusive discretion agrees to any such alterations, and notifies Tenant of the need and cost for such alterations, then Tenant shall pay the cost of such required changes in advance upon receipt of notice thereof. Tenant shall pay all direct architectural and/or engineering fees in connection therewith.
Appears in 1 contract
Sources: Lease (Ellie Mae Inc)
Final Working Drawings. After Following the Final Space Plan has been approved by LandlordEffective Date of this Lease, Tenant shall promptly supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. Title 24 calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “"Final Working Drawings” " (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings in a form which is sufficiently complete to allow subcontractors all of Tenant's Agents to bid on the work and to obtain all applicable permits (collectively, the “"Final Working Drawings”") and shall submit the same to Landlord for Landlord’s 's approval, which shall not be unreasonably withheld, conditioned, or delayed. Tenant shall supply Landlord with four (4) CAD and pdf copies signed by Tenant of such Final Working Drawings, digitally signed by Tenant. Landlord shall advise Tenant within five ten (510) business days after Landlord’s ▇▇▇▇▇▇▇▇'s receipt of the Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respectrespect (as reasonably determined by Landlord). If Tenant is so advised, Tenant shall immediately revise promptly cause the Final Working Drawings to be revised in accordance with such review and any disapproval of Landlord in connection therewith and resubmit them to Landlordtherewith. In addition, if Landlord shall advise Tenant within five (5) business days after Landlord’s receipt of any revised in its sole yet reasonable discretion determines that the Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. Notwithstanding anything to the contrary in this Section 3.3amendment thereof or supplement thereto shall require review by a third party (e.g., Landlord shall not unreasonably withhold, condition architect or delay its approval of the Final Working Drawings; provided, however, that to the extent that such Final Working Drawings may (i) affect the exterior appearance of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed the Specificationsengineer), then Landlord may grant or withhold its approval shall so notify Tenant of the need and cost for such review, and Tenant shall pay the actual and reasonable costs and fees of such Final Working Drawings third party review in its sole discretionadvance upon receipt of notice thereof. Once approved by LandlordFurther, notwithstanding anything contained herein to the contrary, in all events, the Final Working Drawings are and the “Approved Working Drawings”Drawings shall conform with, and shall not exceed, the Building Systems capacities available to the Premises as described on Exhibit F attached hereto.
Appears in 1 contract
Sources: Lease (Kura Oncology, Inc.)
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Suite 400 Expansion Premises, to enable the Engineers and the Architect to complete the “"Final Working Drawings” " (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the Suite 400 Expansion Premises, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the “"Final Working Drawings”") and shall submit the same to Landlord for Landlord’s 's approval, such approval not to be unreasonably withheld, conditioned or delayed. Tenant shall supply Landlord with four (4) hard copies signed by Tenant of the Final Working Drawings, and concurrently with Tenant's delivery of such hard copies, Tenant shall send to Landlord via electronic mail one (1) .pdf electronic copy of such Final Working Drawings. Landlord shall advise Tenant within five ten (510) business days after Landlord’s 's receipt of the Final Working Drawings for the Suite 400 Expansion Premises if the same is unsatisfactory or incomplete in any respect, Landlord’s approval of the Final Working Drawings not to be unreasonably withheld, conditioned or delayed. If Tenant is so advised, Tenant shall immediately revise the Final Working Drawings in accordance with such review review, and any disapproval of Landlord in connection therewith and resubmit them Tenant shall use good faith and commercially reasonable efforts to Landlord. Landlord shall advise Tenant within five (5) business days after Landlord’s receipt of any revised Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. Notwithstanding anything to the contrary in this Section 3.3, Landlord shall not unreasonably withhold, condition or delay its approval of the Final Working Drawings; provided, however, that to the extent that such Final Working Drawings may (i) affect the exterior appearance of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings in its sole discretion. Once approved by Landlord, have the Final Working Drawings are approved. In addition, if the “Approved Final Working Drawings”Drawings or any amendment thereof or supplement thereto shall require alterations in the Base Building (as contrasted with the Improvements), and if Landlord in its sole and exclusive discretion agrees to any such alterations, and notifies Tenant of the need and cost for such alterations, then Tenant shall pay the cost of such required changes in advance upon receipt of notice thereof. Tenant shall pay all direct architectural and/or engineering fees in connection therewith, plus fifteen percent (15%) of such direct costs for Landlord's servicing and overhead.
Appears in 1 contract
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings in a form which is complete to allow subcontractors all of Tenant’s Agents to bid on the work and to obtain all applicable permits (collectively, the “Final Working Drawings”) and shall submit the same to Landlord for Landlord’s approval. Tenant shall supply Landlord with four (4) copies signed by Tenant of such Final Working Drawings, including one (1) copy in an AutoCAD Computer Assisted Drafting and Design System format. Landlord shall advise Tenant within five ten (510) business days after Landlord’s receipt of the Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. If Tenant is so advised, Tenant shall immediately revise the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith and resubmit them to Landlordtherewith. Landlord shall advise Tenant within five (5) business days after Landlord’s receipt of any revised Final Working Drawings for the Premises In addition, if the same is unsatisfactory or incomplete in any respect. Notwithstanding anything to the contrary in this Section 3.3, Landlord shall not unreasonably withhold, condition or delay its approval of the Final Working Drawings; provided, however, that to the extent that such Final Working Drawings may (i) affect the exterior appearance of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings in its sole discretion. Once approved by Landlord, the Final Working Drawings are or any amendment thereof or supplement thereto shall require alterations in the “Approved Working Drawings”Base Building (as contrasted with the Tenant Improvements), and if Landlord in its sole and exclusive discretion agrees to any such alterations, and notifies Tenant of the need and cost for such alterations, then Tenant shall pay the cost of such required changes in advance upon receipt of notice thereof. Tenant shall pay all direct architectural and/or engineering fees in connection therewith, plus fifteen percent (15%) of such direct costs for Landlord’s servicing and overhead.
Appears in 1 contract
Sources: Office Lease (Ixia)
Final Working Drawings. After the Final Space Plan has been approved by LandlordLessor, Tenant Lessee shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord Lessor and TenantLessee, Tenant Lessee shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings with complete specifications in a form which is complete to allow subcontractors to bid on all of the work and to obtain all applicable permits (collectively, the “Final Working Drawings”) and shall submit the same to Landlord Lessor for LandlordLessor’s approval. Tenant shall supply Landlord with , four (4) copies signed by Tenant Lessee of such Final Working Drawings. Landlord Lessor shall advise Tenant Lessee within five seven (57) business days after LandlordLessor’s receipt of the Final Working Drawings for the Premises if the same is reasonably unsatisfactory or incomplete in any respect. If Tenant Lessee is so advised, Tenant Lessee shall immediately revise the Final Working Drawings in accordance with such review and any disapproval of Landlord Lessor in connection therewith and resubmit them submit the revised Final Working Drawings to Landlord. Landlord shall advise Tenant within five Lessor no later than seven (57) business days after Landlord’s receipt of Lessor delivers its advice. If Lessor makes any revised Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. Notwithstanding anything objections to the contrary in this Section 3.3, Landlord shall not unreasonably withhold, condition or delay its approval of the Final Working Drawings; provided, howeverand provided such objections are reasonable, that to the extent that such Final Working Drawings may (i) affect the exterior appearance of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings in its sole discretion. Once approved by Landlord, Lessee shall revise the Final Working Drawings are and cause such objections to be remedied in the “Approved revised Final Working Drawings”. Within two (2) business days after Lessor receives the revised Final Working Drawings, Lessor shall approve or reasonably disapprove such revised Final Working Drawings. This procedure shall be repeated until the Final Working Drawings is finally approved by Lessor and written approval has been delivered to and received by Lessee. Lessor’s failure to advise timely shall be deemed approval.
Appears in 1 contract
Final Working Drawings. After On or before the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as date set forth below. Upon the approval of the Final Space Plan by Landlord and in Schedule 1, Tenant, Tenant shall promptly cause the Architect and the Engineers to shall complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing the final architectural working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the “Final Working Drawings”) and shall submit the same to Landlord for Landlord’s approval. Following Landlord’s approval of the applicable Final Space Plan, Tenant, the Architect and the Engineers shall complete (except to the extent certain construction is being completed on a “design-build” basis) the Final Working Drawings for the applicable phase of the Tenant Improvements in a form which is sufficient to allow contractors to bid on the work and to obtain all applicable permits and shall submit the same to Landlord for Landlord’s approval. The Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply Landlord with four (4) completed copies signed by Tenant of such Final Working Drawings. Landlord shall advise Tenant shall, within five (5) business days after Landlord’s receipt of all of the Final Working Drawings, either (i) approve the Final Working Drawings, (ii) approve the Final Working Drawings subject to specified conditions which must be stated in a reasonably clear and complete manner to be satisfied by Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 3.4, below of this Tenant Work Letter, to the Premises if the same is unsatisfactory or incomplete in any respect. If Tenant is so advised, Tenant shall immediately revise extent the Final Working Drawings in accordance with such review contain a Design Problem, or (iii) disapprove and any disapproval of Landlord in connection therewith and resubmit them to Landlord. Landlord shall advise Tenant within five (5) business days after Landlord’s receipt of any revised return the Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. Notwithstanding anything to Tenant with requested revisions to the contrary extent the Final Working Drawings contain a Design Problem. If Landlord disapproves the Final Working Drawings, Tenant may resubmit the Final Working Drawings to Landlord at any time, and Landlord shall approve or disapprove the resubmitted Final Working Drawings, based upon the criteria set forth in this Section 3.3, within three (3) business days after Landlord receives such resubmitted Final Working Drawings. Such procedure shall not unreasonably withhold, condition or delay its be repeated until the Final Working Drawings are approved. Landlord’s failure to timely respond to Tenant within any applicable response period referenced herein shall be deemed Landlord’s approval of the Final Working Drawings; provided, however, that to the extent that such Final Working Drawings may (i) affect the exterior appearance of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings in its sole discretion. Once approved by Landlord, the Final Working Drawings are the “Approved Working Drawings”.
Appears in 1 contract
Sources: Office Lease (Memec Inc)
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” Drawings (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the “Final Working Drawings”) and shall submit the same to Landlord for Landlord’s approval. Tenant shall supply Landlord with four (4) hard copies signed by Tenant of the Final Working Drawings, and concurrently with Tenant’s delivery of such hard copies, Tenant shall send to Landlord via electronic mail one (1) .pdf electronic copy of such Final Working Drawings. Landlord shall advise Tenant within five fifteen (515) business days after Landlord’s receipt of the Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. If Landlord disapproves the Final Working Drawings, then Landlord shall state in reasonable detail the changes which Landlord requires to be made thereto. If Tenant is so advised, Tenant shall immediately revise the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith and resubmit them to Landlordtherewith. Landlord shall advise give Tenant written notice of its approval or disapproval of the revised Final Working Drawings within five (5) business days after the date of Landlord’s receipt of any revised Final Working Drawings for the Premises if the same thereof (unless additional time is unsatisfactory or incomplete in any respect. Notwithstanding anything reasonably required due to the contrary nature of the revisions, in this Section 3.3, which event Landlord shall not unreasonably withholdinform Tenant, condition or delay its approval within such 5-business day period, of the Final Working Drawings; provided, however, that to the extent that such Final Working Drawings may (i) affect the exterior appearance of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems need for additional time and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold shall thereafter diligently complete its approval review of such Final Working Drawings as quickly as reasonably practical). If Landlord disapproves the revised Final Working Drawings, then Landlord and Tenant shall continue to follow the procedures set forth in its sole discretionthis Section 3.4 until Landlord approves such Final Working Drawings. Once approved by Landlord, If Landlord neither expressly approves nor disapproves the Final Working Drawings are or the “Approved revised Final Working Drawings within the applicable time periods provided above, Tenant may provide written notice of such failure to Landlord and if Landlord thereafter fails to approve or disapprove the Final Working Drawings or the revised Final Working Drawings within three (3) business days after Landlord’s receipt of such notice, then Landlord will be deemed to have approved such iteration of the Final Working Drawings or revised Final Working Drawings”.
Appears in 1 contract
Sources: Office Lease (Box Inc)
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant Lessor and its architect and engineers shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing . The final architectural working drawings shall be in a form which is complete to allow subcontractors to bid on the work Work and to obtain all applicable permits (collectively, the “Final Working Drawings”) and shall submit the same to Landlord County for LandlordCounty’s approval, such approval not to be unreasonably withheld, conditioned or delayed. Tenant County shall supply Landlord with four (4) copies signed by Tenant of such Final Working Drawings. Landlord shall advise Tenant within five (5) business days after Landlord’s receipt approve or reasonably disapprove any draft of the Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. If Tenant is so advised, Tenant shall immediately revise the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith and resubmit them to Landlord. Landlord shall advise Tenant within five seven (57) business days after LandlordCounty’s receipt of any revised Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. Notwithstanding anything to the contrary in this Section 3.3, Landlord shall not unreasonably withhold, condition or delay its approval of the Final Working Drawingsthereof; provided, however, that (i) County shall not be entitled to disapprove any portion, component or aspect of the extent that such Final Working Drawings may which are consistent with the Final Space Plan, unless County agrees to pay for the additional cost (iif any) affect resulting from such change in the exterior appearance Final Space Plan as part of the Buildingover-allowance amount pursuant to Section 2 below and County acknowledges that any delay resulting therefrom shall be a delay caused by County, and (ii) adversely affect the structural portions any disapproval of the Building, Final Working Drawings by County shall be accompanied by a detailed written explanation of the reasons for County’s disapproval. Failure of County to reasonably disapprove any draft of the Final Working Drawings within said seven (iii7) adversely affect business day period shall be deemed to constitute County’s approval thereof. This process shall be repeated until the Building systems and equipment, Final Working Drawings have been approved; it being agreed that County’s right to raise objections (ivfollowing County’s initial objections to Lessor’s first submission of the Final Working Drawings) unreasonably interfere with any other occupant’s normal and customary office operation, shall be limited to (va) fail the revisions made to comply with Applicable Laws, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval previous submission of such the Final Working Drawings in its sole discretion. Once approved by Landlord, order to address County’s prior objections or changes which are derivative of changes resulting from such prior objections and/or (b) revisions to design elements not previously a part of the Final Working Drawings are previously submitted to County. The Final Working Drawings, as approved by Lessor and County, may be referred to herein as the “Approved Working Drawings.” County shall make no changes or modifications to the Final Space Plan or the Approved Working Drawings without the prior written consent of Lessor, which consent may be withheld in Lessor’s sole discretion if such change or modification would directly or indirectly delay the Substantial Completion of the Work or increase the cost of designing or constructing the Work. Lessor shall promptly submit the Approved Working Drawings to the appropriate municipal authorities for all applicable building permits necessary to allow Contractor as that term is defined in Section 4, below, to commence and fully complete the construction of the Work (the “Permits”). County shall cooperate with Lessor in promptly executing permit applications and performing other ministerial acts reasonably necessary to enable Lessor to obtain any such permit or certificate of occupancy. No changes, modifications or alterations in the Approved Working Drawings may be made without the prior written consent of Lessor, provided that Lessor may withhold its consent, in its sole discretion, to any change in the Approved Working Drawings if such change would directly or indirectly delay the Substantial Completion of the Work.
Appears in 1 contract
Sources: Lease Agreement
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant Lessor and its architect and engineers shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the Work within the Premises, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing . The final architectural working drawings shall be in a form which is complete to allow subcontractors to bid on the work Work and to obtain all applicable permits (collectively, the “Final Working Drawings”) and shall submit the same to Landlord County for LandlordCounty’s approval, such approval not to be unreasonably withheld, conditioned or delayed. Tenant County shall supply Landlord with four (4) copies signed by Tenant of such Final Working Drawings. Landlord shall advise Tenant within five (5) business days after Landlord’s receipt approve or reasonably disapprove any draft of the Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. If Tenant is so advised, Tenant shall immediately revise the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith and resubmit them to Landlord. Landlord shall advise Tenant within five seven (57) business days after LandlordCounty’s receipt of any revised Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. Notwithstanding anything to the contrary in this Section 3.3, Landlord shall not unreasonably withhold, condition or delay its approval of the Final Working Drawingsthereof; provided, however, that (i) County shall not be entitled to disapprove any portion, component or aspect of the extent that such Final Working Drawings may which are consistent with the Final Space Plan unless (ia) affect County agrees to pay for the exterior appearance additional cost (if any) resulting from such change in the Final Space Plan and (b) County agrees that any such delays caused by such change(s) shall be deemed a County Delay for all purposes of this Work Letter, Schedule 1 attached hereto and the BuildingLease, and (ii) adversely affect the structural portions any disapproval of the Building, Final Working Drawings by County shall be accompanied by a detailed written explanation of the reasons for County’s disapproval. Failure of County to reasonably disapprove any draft of the Final Working Drawings within said seven (iii7) adversely affect business day period shall be deemed to constitute County’s approval thereof. This process shall be repeated until the Building systems and equipment, Final Working Drawings have been approved; it being agreed that County’s right to raise objections (ivfollowing County’s initial objections to Lessor’s first submission of the Final Working Drawings) unreasonably interfere with any other occupant’s normal and customary office operation, shall be limited to (va) fail the revisions made to comply with Applicable Laws, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval previous submission of such the Final Working Drawings in its sole discretion. Once approved by Landlord, order to address County’s prior objections or changes which are derivative of changes resulting from such prior objections and/or (b) revisions to design elements not previously a part of the Final Working Drawings are previously submitted to County. The Final Working Drawings, as approved by Lessor and County, may be referred to herein as the “Approved Working Drawings.” County shall make no changes or modifications to the Final Space Plan or the Approved Working Drawings without the prior written consent of Lessor, which consent may be withheld in Lessor’s sole discretion if such change or modification would directly or indirectly delay the Substantial Completion of the Work or increase the cost of designing or constructing the Work. Lessor shall promptly submit the Approved Working Drawings to the appropriate municipal authorities for all applicable building permits necessary to allow Contractor as that term is defined in Section 4, below, to commence and fully complete the construction of the Work (the “Permits”). County shall cooperate with Lessor in promptly executing permit applications and performing other ministerial acts reasonably necessary to enable Lessor to obtain any such permit or certificate of occupancy. No changes, modifications or alterations in the Approved Working Drawings may be made without the prior written consent of Lessor, provided that Lessor may withhold its consent, in its sole discretion, to any change in the Approved Working Drawings if such change would directly or indirectly delay the Substantial Completion of the Premises Work. The Approved Working Drawings are attached hereto as Exhibit C-4 SECTION 3. - TIME DEADLINES (AS DEFINED IN SCHEDULE 1 ATTACHED HERETO AS EXHIBIT C-2) County shall use its good faith efforts and due diligence to cooperate with the Lessor, its architect, and the engineers to complete all phases of the construction drawings and the permitting process and to receive the Permits, and with Contractor (as defined below) as soon as possible after the execution of the Lease, and, in that regard, shall meet with ▇▇▇▇▇▇ on a scheduled basis to be determined by Lessor, to discuss the progress in connection with the same. The applicable dates for approval of items, plans and drawings as described in this in this Work Letter are set forth and further elaborated upon in Schedule 1 attached hereto. County agrees to comply with the timeline in Schedule 1.
Appears in 1 contract
Sources: Lease Agreement
Final Working Drawings. After Following Landlord’s approval of the Final Space Plan has been approved by LandlordPlans, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and cause Tenant, Tenant shall promptly cause the ’s Architect and the Engineers to prepare and submit for Landlord’s approval complete the architectural and engineering drawings for the Premisesdetailed construction plans and specifications, and Architect shall compile including a fully coordinated set of architectural, structural, mechanical, electrical electrical, plumbing, HVAC, life safety and plumbing sprinkler working drawings for the Tenant Improvement Work, in a form which is sufficiently complete to allow permit subcontractors to bid on the work and to obtain all applicable permits (collectively, the “Final Working Drawings”) and shall submit the same to Landlord for Landlord’s approval). Tenant shall supply furnish Landlord with four (4) copies signed by Tenant of such Final Working Drawings. Landlord shall advise Tenant within five (5) business days after Landlord’s receipt approve or disapprove of the Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. If Tenant is so advised, Tenant shall immediately revise the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith and resubmit them by giving written notice to Landlord. Landlord shall advise Tenant within five ten (510) business days after Landlord’s receipt of any revised Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respectthereof. Notwithstanding anything to the contrary in this Section 3.3, Landlord shall not unreasonably withhold, condition withhold or delay its approval of the Final Working Drawings; provided, howeverprovided that, that without limiting the generality of the foregoing, Landlord shall be entitled to withhold its consent to the extent that such Final Working Drawings may (i) affect the exterior appearance for any of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Lawsreasons specified in Section 3.2 above, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings if in its sole discretion. Once approved by Landlord’s good faith judgment, the Final Working Drawings are inconsistent with, or do not conform to, the Space Plans. If Landlord disapproves the Final Working Drawings, Landlord shall return the Final Working Drawings to Tenant with a statement of Landlord’s reasons for disapproval and/or specifying any required corrections or revisions. Landlord shall approve or disapprove of any such revisions to the Final Working Drawings within five (5) business days after receipt of such revisions. This procedure shall be repeated until Landlord approves the Final Working Drawings (as so approved, the “Approved Working Drawings”).
Appears in 1 contract
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment Equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Leased Premises, to enable the Engineers and the Architect to complete the “"Final Working Drawings” " (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the Leased Premises, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the “"Final Working Drawings”") and shall submit Submit the same to Landlord for Landlord’s 's approval. Tenant shall supply Landlord with four (4) copies signed by Tenant of such Final Working Drawings. Landlord shall advise Tenant within five seven (57) business days after Landlord’s 's receipt of the Final Working Drawings for the Leased Premises if the same is unsatisfactory or incomplete in any respect. If Tenant is so advised, Tenant shall immediately revise the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith and resubmit them therewith. Landlord's failure to Landlord. Landlord shall so advise Tenant within five the said seven (57) business days after day period shall be deemed to constitute Landlord’s receipt of any revised Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. Notwithstanding anything to the contrary in this Section 3.3, Landlord shall not unreasonably withhold, condition or delay its approval 's acceptance of the Final Working Drawings; provided, however, that so long as the Final Work Drawings are reasonably similar to the extent that such Final Working Space Plan and the Construction Drawings may previously submitted to Landlord by Tenant, otherwise, Landlord's failure to respond within the seven (i7) affect the exterior appearance day period shall not be deemed approval by Landlord of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings in its sole discretion. Once approved by Landlord, the Final Working Drawings are the “Approved Working Drawings”.
Appears in 1 contract
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the Premises, and cause the Architect shall to compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits for the Tenant Improvements (collectively, the “Final Working Drawings”) ), and shall submit the same to Landlord for Landlord’s approval. Tenant shall supply Landlord with four (4) copies signed by Tenant of such Final Working Drawings. Landlord shall advise Tenant within five (5) business days after Landlord’s receipt of the Final Working Drawings for the Premises if that the same is unsatisfactory or incomplete in any respectincomplete, and if unsatisfactory or incomplete, describing what is necessary to make them satisfactory or complete with detail sufficient to enable the Architects and Engineers to make corrections. If Tenant is so advised, Tenant shall immediately revise the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith and resubmit them fails to Landlord. Landlord shall advise respond to Tenant within five (5) business days after Landlord’s receipt of the Final Working Drawings, Tenant shall send to Landlord written notice that Landlord failed to respond within such five (5) business days and this written notice shall contain the following statement: “IF LANDLORD FAILS TO TIMELY RESPOND TO THIS NOTICE WITHIN TWO (2) BUSINESS DAYS AFTER ITS RECEIPT OF THIS NOTICE, THE FINAL WORKING DRAWINGS SHALL BE DEEMED APPROVED UNLESS LANDLORD RESPONDS THAT THE SAME IS UNSATISFACTORY OR INCOMPLETE, DESCRIBING WHAT IS NECESSARY TO MAKE THEM SATISFACTORY OR COMPLETE WITH DETAIL SUFFICIENT TO ENABLE THE ARCHITECTS AND ENGINEERS TO MAKE CORRECTIONS.” If Tenant is so advised within the time provided, Tenant shall promptly (i) revise the Final Working Drawings in accordance with such review and any reasonable disapproval of Landlord in connection therewith, and (ii) deliver such revised Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. Notwithstanding anything to the contrary in this Section 3.3, Landlord shall not unreasonably withhold, condition or delay its approval of the Final Working Drawings; provided, however, that to the extent that such Final Working Drawings may (i) affect the exterior appearance of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings in its sole discretion. Once approved by Landlord, and so long as the Final Working Drawings are reflect the “Approved Working Drawings”corrections reasonably requested by Landlord, they shall be deemed approved.
Appears in 1 contract
Sources: Lease (Conatus Pharmaceuticals Inc.)
Final Working Drawings. After On or before the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as date set forth below. Upon the approval of the Final Space Plan by Landlord and in Schedule 1, Tenant, Tenant shall promptly cause the Architect and the Engineers to shall complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing the final architectural working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the “"Final Working Drawings”") and shall submit four (4) hard copies signed by Tenant of the same Final Working Drawings to Landlord for Landlord’s approval. 's approval (such approval not to be unreasonably withheld, conditioned or delayed) and concurrently with Tenant's delivery of such hard copies, Tenant shall supply send to Landlord with four via electronic mail one (41) copies signed by Tenant .pdf electronic copy of such Final Working Drawings. Landlord shall advise Tenant within five Within ten (510) business days after Landlord’s 's receipt of the Final Working Drawings for the Premises Premises, Landlord shall provide written notice to Tenant either approving the Final Working Drawings or advising Tenant, with reasonable specificity, if the same is unsatisfactory or incomplete in any respect. If Tenant is so advised, Tenant shall immediately promptly revise the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith and resubmit them the same to Landlord. In the event that Landlord shall advise fails to respond to Tenant within five (5) business days after Landlord’s receipt of any revised regarding the Final Working Drawings for within the Premises if the same is unsatisfactory or incomplete in any respect. Notwithstanding anything to the contrary applicable time period set forth in this Section 3.33.4 above, Landlord Tenant shall not unreasonably withholdhave the right to send a written "reminder notice" to Landlord, condition or delay its which conspicuously indicates that Landlord's continued failure to respond may result in the deemed approval of the Final Working Drawings; provided, however, that . If Landlord fails to the extent that such Final Working Drawings may (i) affect the exterior appearance of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail respond to comply with Applicable Laws, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings in its sole discretion. Once approved by Landlord, Tenant regarding the Final Working Drawings are within three (3) business days after receipt of the “Approved reminder notice identified in this Section 3.4, then the Final Working Drawings”Drawings shall be deemed to have been approved by Landlord.
Appears in 1 contract
Final Working Drawings. After Based on the Final Space Plan has been approved by LandlordPlan, Tenant Landlord shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the Premises, and cause the Architect shall to compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the “Final Working Drawings”) and shall submit the same to Landlord Tenant for LandlordTenant’s approval. The Final Working Drawings shall incorporate modifications to the Final Space Plan as necessary to comply with the floor load and other structural and system requirements of the Building. To the extent that the finishes and specifications are not completely set forth in the Final Space Plan for any portion of the Tenant Improvements depicted thereon, the actual specifications and finish work shall be in accordance with the Specifications. Tenant shall supply Landlord with four (4) copies signed by Tenant of such approve or reasonably disapprove the Final Working Drawings. Landlord shall advise Tenant Drawings or any revisions thereto within five (5) business days after Landlord’s receipt of Landlord delivers the Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. If Tenant is so advised, Tenant shall immediately revise the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith and resubmit them revisions thereto to Landlord. Landlord shall advise Tenant within five (5) business days after Landlord’s receipt of any revised Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. Notwithstanding anything to the contrary in this Section 3.3, Landlord shall not unreasonably withhold, condition or delay its approval of the Final Working DrawingsTenant; provided, however, that to the extent that such Final Working Drawings Tenant may (i) affect the exterior appearance of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings in its sole discretion. Once approved by Landlord, only disapprove the Final Working Drawings to the extent the same are not (subject to changes reasonably required by Landlord) in substantial conformance with the Final Space Plan (“Approved Working DrawingsDrawing Design Problem”) unless Tenant agrees in writing that any changes requested by Tenant (and the processing of such changes even if they are not implemented) shall be deemed a Tenant Delay. Tenant’s failure to reasonably disapprove the Final Working Drawings or any revisions thereto by written notice to Landlord (which notice shall specify in detail the reasonable reasons for Tenant’s disapproval pertaining to any Working Drawing Design Problem) within said five (5) business day period shall be deemed to constitute Tenant’s approval of the Final Working Drawings or such revisions.
Appears in 1 contract
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the “Final Working Drawings”) and shall submit the same to Landlord for Landlord’s approval. Tenant shall supply Landlord with four (4) hard copies signed by Tenant of the Final Working Drawings, and concurrently with Tenant’s delivery of such hard copies, Tenant shall send to Landlord via electronic mail one (1) .pdf electronic copy of such Final Working Drawings. Landlord shall advise Tenant within five seven (57) business days after Landlord’s receipt of the Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. If Tenant is so advised, Tenant shall immediately revise the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith and resubmit them to Landlord. Landlord shall advise Tenant within five (5) business days after Landlord’s receipt of any revised Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respecttherewith. Notwithstanding anything set forth herein to the contrary in this Section 3.3contrary, Landlord shall not unreasonably withhold, condition or delay withhold its approval of the Final Working Drawings; providedprovided that Landlord and Tenant hereby agree that it shall be deemed reasonable for Landlord to withhold its approval EXHIBIT B -6- ▇▇▇▇▇▇ REALTY ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ [StumbleUpon, however, that to Inc.] of the extent that such Final Working Drawings may (i) affect the exterior appearance of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, if a Design Problem exists or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings in its sole discretion. Once approved by Landlord, the Final Working Drawings are inconsistent with the Final Space Plan. In addition, if the Final Working Drawings or any amendment thereof or supplement thereto shall require alterations in the Base Building (as contrasted with the Improvements), and if Landlord in its sole and exclusive discretion agrees to any such alterations, and notifies Tenant of the need and cost for such alterations, then Tenant shall pay the cost of such required changes in advance upon receipt of notice thereof. Tenant shall pay the sum of (i) all actual, out-of-pocket, third-party direct architectural and/or engineering fees in connection therewith, (ii) all actual out-of-pocket “Approved Working Drawings”hard” construction costs in connection therewith, and (iii) ten percent (10%) of such foregoing “hard” construction costs for Landlord’s servicing and overhead relating to the actual construction of such required changes.
Appears in 1 contract
Sources: Sublease Agreement (Okta, Inc.)
Final Working Drawings. After the Final Space Plan has been approved by LandlordTenant, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord Tenant’s architect and Tenant, Tenant ’s engineers shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the PremisesInitial Alterations, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing the final architectural working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits the Required Permits (collectively, the “Final Working Drawings”) and shall submit the same to Landlord for Landlord’s approval. Tenant shall supply Landlord with four (4) copies signed by Tenant of such Final Working Drawings. Landlord shall advise Tenant shall, within five (5) business days Business Days after Landlord’s receipt of the Final Working Drawings for Drawings, either (i) approve the Premises if the same is unsatisfactory or incomplete in any respect. If Tenant is so advisedFinal Working Drawings, Tenant shall immediately revise (ii) approve the Final Working Drawings subject to specified conditions (which conditions must be stated in accordance a reasonably clear manner) to be satisfied by Tenant prior to submitting the Final Working Drawings for the Required Permits, to the extent the Final Working Drawings contain an Initial Alterations Design Problem, or (iii) disapprove the Final Working Drawings for an Initial Alterations Design Problem and return the same to Tenant with such review and any disapproval of requested revisions; provided, however, that Landlord in connection therewith and shall only disapprove the Final Working Drawings if they contain an Initial Alterations Design Problem. If Landlord disapproves the Final Working Drawings, Tenant shall resubmit them the Final Working Drawings to Landlord. , and Landlord shall advise Tenant approve or disapprove of the resubmitted Final Working Drawings, based upon the criteria set forth in this Section C, within five (5) business days Business Days after Landlord’s receipt of any revised Landlord receives such resubmitted Final Working Drawings. Such procedure shall be repeated until the Final Working Drawings are approved by Landlord. If Landlord fails to timely respond to Tenant within any applicable response period referenced herein for the Premises if the same is unsatisfactory or incomplete in any respect. Notwithstanding anything to the contrary in this Section 3.3, Landlord shall not unreasonably withhold, condition or delay its Landlord’s approval of the Final Working Drawings; provided, however, that then Tenant shall deliver a second notice requesting Landlord’s response to the extent that such Final Working Drawings may and if Landlord thereafter fails to respond within three (i3) affect the exterior appearance of the BuildingBusiness Days, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupantLandlord’s normal and customary office operation, (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings in its sole discretion. Once approved by Landlord, the Final Working Drawings are the “Approved Working Drawings”shall be deemed granted.
Appears in 1 contract
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premisesrelevant Phase of the Tenant Improvements, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) for the Premises in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the Premisesrelevant Phase, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings in a form which is sufficiently complete to allow subcontractors all of Tenant’s Agents to bid on the work and to obtain all applicable permits (collectively, the “Final Working Drawings”) and shall submit the same to Landlord for Landlord’s approval, which shall not be unreasonably withheld, conditioned, or delayed. Tenant shall supply Landlord with four (4) copies signed by Tenant of such Final Working Drawings. Landlord shall advise Tenant within five (5) business days after Landlord’s receipt of the Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respectrespect (provided that, if the scope of such Final Working Drawings are such that Landlord cannot reasonably complete its review in such period, Landlord will inform Tenant, and such period will be extended five (5) additional business days). If Tenant is so advised, Tenant shall immediately revise promptly cause the Final Working Drawings to be revised in accordance with such review and any disapproval of Landlord in connection therewith therewith. If Landlord fails to respond to any requests within the specified period, Tenant may deliver Landlord a reminder notice, and resubmit them if Landlord fails to Landlord. Landlord shall advise Tenant respond within five two (52) business days after Landlord’s receipt of any revised Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. Notwithstanding anything to the contrary in this Section 3.3reminder notice, Landlord such request shall not unreasonably withhold, condition or delay its approval of the Final Working Drawings; provided, however, that to the extent that such Final Working Drawings may (i) affect the exterior appearance of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings in its sole discretion. Once approved by Landlord, the Final Working Drawings are the “Approved Working Drawings”be deemed approved.
Appears in 1 contract
Sources: Lease (Oric Pharmaceuticals, Inc.)
Final Working Drawings. After the a Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the applicable portion of the Premises, and cause the Architect shall to compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits for the applicable Tenant Improvements for such portion of the Premises (collectively, with respect to each particular portion of the “Premises, the "Final Working Drawings”) "), and shall submit the same to Landlord for Landlord’s 's approval. Tenant shall supply Landlord with four (4) copies signed by Tenant of such Final Working DrawingsDrawings for each particular portion of the Premises for Landlord's approval, which approval shall not be unreasonably withheld. Landlord shall advise Tenant within five (5) business days after Landlord’s 's receipt of the Final Working Drawings for each particular portion of the Premises if the same is unsatisfactory or incomplete in any respect, or disapproved, in which event Landlord shall include in its notice of disapproval a reasonably detailed explanation as to which items are not satisfactory or complete and the reason(s) therefor. If Tenant is so advisedadvised that the Final Working Drawings are not satisfactory or complete, Tenant shall immediately promptly revise the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith therewith, and resubmit them to Landlord. Landlord shall advise Tenant approve or disapprove the resubmitted Final Working Drawings, based upon the criteria set forth in this Section 3.3, within five (5) business days after Landlord’s receipt of any revised Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. Notwithstanding anything to the contrary in this Section 3.3, Landlord shall not unreasonably withhold, condition or delay its approval of the receives such resubmitted Final Working Drawings; provided, however, that to the extent that such Final Working Drawings may (i) affect the exterior appearance of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings in its sole discretion. Once approved by Landlord, Such procedure shall be repeated until the Final Working Drawings are approved. Landlord will notify Tenant concurrently with Landlord's initial review of the “Approved Final Work Drawings whether any new elements of the Tenant Improvements identified in the Final Working Drawings”Drawings and not previously shown in the Final Space Plan constitute Specialty Alterations be required to be removed (for avoidance of doubt, Landlord may not specify any item which was identified in the Final Space Plan but not so noted by Landlord during Landlord's review of the Final Space Plan unless Landlord reasonably demonstrates that the Final Space Plan described such items in insufficient detail to allow Landlord to make a determination as to whether such item was a Specialty Alteration).
Appears in 1 contract
Sources: Lease Agreement (Penumbra Inc)
Final Working Drawings. After (i) Tenant must engage an architect licensed in the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing State of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements California for the Premises, to enable purpose of preparing the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the “Final Working Drawings”) and shall submit the same to Landlord for Landlord’s approval. Tenant shall supply Landlord with four (4) copies signed by Tenant of such Final Working Drawings. Landlord Final Working Drawings must adhere to the approved Preliminary Drawings and shall advise meet the requirements set forth in Schedule 3 attached to this Exhibit C.
(ii) Tenant shall submit Final Working Drawings on CD-ROM with tenant plans in single pdf file format for review (pdf file to be “to-scale” / full size set) to Landlord’s representative for approval within five thirty (530) business days after approval of the Preliminary Drawings. Final Working Drawings with incomplete or inadequate information or dimensional discrepancies will be rejected.
(iii) Within fifteen (15) days after Landlord receives the Final Working Drawings, Landlord’s receipt representative will either approve such drawings or return to Tenant’s architect/designer one (1) set of prints of the Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in Drawings, marked with any respect. comments and/or required modifications.
(iv) If Tenant is so advisedobjects to any comments and/or required modifications, Tenant shall immediately deliver Notice of such objection to Landlord within ten (10) days after the date Tenant’s architect/designer receives Landlord’s comments and/or modifications, as applicable. Unless Tenant delivers such Notice, Tenant will be deemed to have accepted and approved the comments and/or modifications provided by Landlord.
(v) If Landlord returns the Final Working Drawings to Tenant with comments and/or required modifications and Tenant does not timely object as provided above, Tenant must revise the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith and resubmit them to Landlord. Landlord shall advise Tenant for approval within five fifteen (515) business days after the date Tenant’s architect/designer receives Landlord’s receipt of comments and/or required modifications.
(vi) If Tenant properly objects to any revised comments and/or required modifications as provided above, Landlord will discuss the objections with Tenant and will work with Tenant to achieve Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respectthat are acceptable to Landlord. Notwithstanding anything If Tenant and Landlord are unable to the contrary in this Section 3.3, Landlord shall not unreasonably withhold, condition or delay its approval of the agree on Final Working Drawings; provided, howeverLandlord may terminate this Lease.
(vii) Once approved, that to the extent that such Landlord will stamp “Approved Final Working Drawings may (i) affect Drawings” and return them to Tenant’s architect/designer who made the exterior appearance of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings in its sole discretion. Once approved by Landlord, the Final Working Drawings are the “Approved Working Drawings”submittal.
Appears in 1 contract
Sources: Retail Lease (Yoshiharu Global Co.)
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premisesrelevant Phase of the Tenant Improvements, to enable the Engineers and the Architect to complete the “"Final Working Drawings” " (as that term is defined below) for the Premises in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the Premisesrelevant Phase, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings in a form which is sufficiently complete to allow subcontractors all of Tenant's Agents to bid on the work and to obtain all applicable permits (collectively, the “"Final Working Drawings”") and shall submit the same to Landlord for Landlord’s 's approval, which shall not be unreasonably withheld, conditioned, or delayed. Tenant shall supply Landlord with four (4) copies signed by Tenant of such Final Working Drawings. Landlord shall advise Tenant within five (5) business days after Landlord’s 's receipt of the Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respectrespect (provided that, if the scope of such Final Working Drawings are such that Landlord cannot reasonably complete its review in such period, Landlord will inform Tenant, and such period will be extended five (5) additional business days). If Tenant is so advised, Tenant shall immediately revise promptly cause the Final Working Drawings to be revised in accordance with such review and any disapproval of Landlord in connection therewith therewith. If Landlord fails to respond to any requests within the specified period, Tenant may deliver Landlord a reminder notice, and resubmit them if Landlord fails to Landlord. Landlord shall advise Tenant respond within five two (52) business days after Landlord’s receipt of any revised Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. Notwithstanding anything to the contrary in this Section 3.3reminder notice, Landlord such request shall not unreasonably withhold, condition or delay its approval of the Final Working Drawings; provided, however, that to the extent that such Final Working Drawings may (i) affect the exterior appearance of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings in its sole discretion. Once approved by Landlord, the Final Working Drawings are the “Approved Working Drawings”be deemed approved.
Appears in 1 contract
Final Working Drawings. After the Final Space Plan has been approved by LandlordPrior to October 31, 2013, Tenant shall supply cause Tenant's Architect and the Tenant's Engineers with a to prepare and submit for Landlord's approval complete listing of standard and non-standard equipment detailed construction plans and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the Premises, and Architect shall compile including a fully coordinated set of architectural, structural, mechanical, fire protection, electrical and plumbing working drawings for the Tenant Improvement Work, in a form which that is sufficiently complete to allow permit subcontractors to bid on the work and to work, obtain all applicable permits required Permits (collectivelyas defined in Section 1.4, below) and commence construction (the “"Final Working Drawings”) and "); provided that, at Tenant's option, the Final Working Drawings may be prepared in two phases on a "design build" basis (first the architectural portion, then engineering drawings consistent with the previously provided architectural drawings), provided further that in such event both components shall submit the same be subject to Landlord for Landlord’s approval's approval in accordance with this Section 2.2.2. Tenant shall supply furnish Landlord with four (4) copies signed by Tenant of such Final Working DrawingsDrawings (or any particular component thereof, if applicable). Landlord shall advise approve or disapprove the Final Working Drawings by giving written notice to Tenant within fifteen (15) business days after receipt thereof. Landlord shall not unreasonably withhold or condition its approval of the Final Working Drawings, provided that, without limiting the generality of the foregoing, Landlord shall be entitled to withhold its consent to the Final Working Drawings for any of the reasons specified in clauses (a) through (d) of Section 2.2.1 above, or if in Landlord's good faith judgment, the Final Working Drawings are materially inconsistent with, or do not conform to, the Approved Space Plan. If Landlord disapproves the Final Working Drawings, Landlord shall return the Final Working Drawings to Tenant with a detailed statement of Landlord's reasons for disapproval and/or specifying any required corrections or revisions. Landlord Representative and Tenant Representative shall promptly make themselves available to discuss and resolve any comments or revisions, and the Final Working Drawings shall promptly be revised by Tenant to incorporate any agreed upon changes. In the event the parties cannot reach agreement and resolve all disputed matters relating to the Final Working Drawings, the parties shall continue to meet and confer and negotiate in good faith to reach agreement on any disputed matters. Landlord shall approve or disapprove of any such revisions to the Final Working Drawings within five (5) business days after Landlord’s receipt of such revisions. This procedure shall be repeated until Landlord approves (or is deemed to have approved as provided below) the Final Working Drawings for (as so approved, the Premises if the same is unsatisfactory or incomplete in any respect"Approved Construction Drawings"). If Tenant is so advised, Tenant shall immediately revise Landlord fails to respond in writing within fifteen (15) business days after the submission of the initial set of Final Working Drawings or within (5) business days after a submission of revisions to the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith and resubmit them Drawings, Tenant may send a second notice to Landlord. , which notice must contain the following disclaimer in bold face, capitalized type: "NOTICE --SECOND REQUEST FOR CONSENT PURSUANT TO SECTION 2.2.2 OF THE WORK LETTER FOR THE 680 FOLSOM PREMISES --FAILURE TO TIMELY RESPOND WITHIN FIVE (5) BUSINESS DAYS AFTER RECEIPT OF THIS NOTICE MAY RESULT IN DEEMED APPROVAL OF TIlE FINAL WORK DRAWINGS FOR TENANT IMPROVEMENTS." If Landlord shall advise Tenant fails to respond in writing within five (5) business days after Landlord’s receipt delivery of any revised such second notice, the Final Working Drawings for last submitted shall be deemed approved by Landlord. Concurrent with the Premises if the same is unsatisfactory or incomplete in any respect. Notwithstanding anything to the contrary in this Section 3.3, Landlord shall not unreasonably withhold, condition or delay its approval of the Final Working Drawings; provided, however, that to the extent that such Final Working Drawings may (i) affect the exterior appearance Landlord shall deliver a full and complete wet-stamped copy of the Building, path of travel and ADA compliance drawings for the Building to Tenant's Architect. Tenant shall include provisions in its Design Professional Agreements (iias defined in Section 2.2.3) adversely affect the structural portions which expressly allow Landlord to use any and all of the Building, (iii) adversely affect Approved Construction Drawings for the Building systems Tenant Improvements without any additional cost or payment if the Lease is terminated subject to Landlord agreeing to indemnify Tenant's Architect and equipment, (iv) unreasonably interfere with Tenant's Engineers in question if Landlord elects to use any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, of the Approved Construction Drawings without retaining Tenant's Architect or (vi) fail to meet or exceed Engineer for the Specifications, then Landlord may grant or withhold its approval portion of such Final Working Drawings Tenant's Work covered by the Design Profession Agreement in its sole discretion. Once approved by Landlord, the Final Working Drawings are the “Approved Working Drawings”question.
Appears in 1 contract
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the “Final Working Drawings”) and shall submit the same to Landlord for Landlord’s approval, provided that, at Tenant’s option, the Final Working Drawings may be prepared in two phases on a “design build” basis (first the architectural portion, then engineering drawings consistent with the previously provided architectural drawings), provided further that in such event both components shall be subject to Landlord’s approval. Tenant shall supply Landlord with four (4) copies signed by Tenant of such Final Working DrawingsDrawings (or any particular component thereof, if applicable). Landlord shall advise Tenant within five ten (510) business days after Landlord’s receipt of the Final Working Drawings (or any particular component thereof, if applicable) for the Premises if the same is unsatisfactory or incomplete in any respect. If Tenant is so advised, Tenant shall immediately revise the Final Working Drawings (or any particular component thereof, if applicable) in accordance with such review and any disapproval of Landlord in connection therewith and resubmit them to Landlordtherewith. Landlord shall advise may impose, as a condition of its consent to any and all Tenant within five (5) business days after Improvements or repairs of the Premises or about the Premises or otherwise, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that upon Landlord’s receipt of request, Tenant shall, at Tenant’s expense, remove such Tenant Improvements upon the expiration or any revised Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. Notwithstanding anything to the contrary in this Section 3.3, Landlord shall not unreasonably withhold, condition or delay its approval early termination of the Final Working Drawings; provided, however, that to the extent that such Final Working Drawings may (i) affect the exterior appearance of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings in its sole discretion. Once approved by Landlord, the Final Working Drawings are the “Approved Working Drawings”Lease Term.
Appears in 1 contract
Sources: Office Lease (Cision Ltd.)
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the “Final Working Drawings”) and shall submit the same to Landlord for Landlord’s approval. Tenant shall supply Landlord with four (4) copies signed by Tenant of such Final Working Drawings. Landlord shall advise Tenant within five (5) business days after Landlord’s receipt of the Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect, provided, Landlord may not withhold its consent unless a Design Problem exists or the Final Working Drawings are not consistent with or a logical extension of the Final Space Plan. If Tenant is so advised, Tenant shall immediately revise the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith and resubmit them to Landlord. Landlord for approval, which shall advise Tenant occur within five three (53) business days after Landlord’s receipt of any revised Final Working Drawings for the Premises if the same is unsatisfactory resubmission. If Landlord fails to approve or incomplete in any respect. Notwithstanding anything to the contrary in this Section 3.3, Landlord shall not unreasonably withhold, condition or delay its approval disapprove of the Final Working Drawings; providedDrawings within the applicable periods set forth above, however, that Landlord shall be deemed to have approved the extent that such Final Working Drawings may (i) affect the exterior appearance of the BuildingDrawings. In addition, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings in its sole discretion. Once approved by Landlord, if the Final Working Drawings are or any amendment thereof or supplement thereto shall require alterations in the “Approved Working Drawings”Base, Shell and Core (as contrasted with the Tenant Improvements), and if Landlord in its sole and exclusive discretion agrees to any such alterations, and notifies Tenant of the need and cost for such alterations, then Tenant shall pay the cost of such required changes upon receipt of bills therefor. Tenant shall pay all direct architectural and/or engineering fees in connection therewith.
Appears in 1 contract
Final Working Drawings. After the Final Space Plan has been ------------------------ approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, in sufficient detail to enable the Engineers and the Architect to complete the “"Final Working Drawings” " (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the PremisesTenant Improvements, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the “Final Working Drawings”"FINAL WORKING DRAWINGS") and shall submit the same to Landlord for Landlord’s 's approval. Tenant shall supply Landlord with four one (41) copies signed by Tenant copy of such Final Working DrawingsDrawings with all pages signed by Tenant, and either (i) three (3) additional copies with only the cover page signed by Tenant, or (ii) a CADD diskette containing the same. Landlord shall advise Tenant shall, within five fifteen (515) business days after Landlord’s of the receipt of the Final Working Drawings for any portion of the Premises if Premises, either (i) approve the same is unsatisfactory or incomplete in any respect. If Tenant is so advisedFinal Working Drawings, Tenant shall immediately revise (ii) approve the Final Working Drawings subject to specified conditions to be satisfied by Tenant prior to submitting the Approved Working Drawings for permits as set forth in accordance SECTION 3.4, below, or ----------- (iii) disapprove and return the Final Working Drawings to Tenant with such review and any disapproval of Landlord in connection therewith and resubmit them to Landlordrequested revisions if the Final Working Drawings do not reasonably comply with the Final Space Plan or contain a Design Problem. Landlord The foregoing procedure shall advise Tenant within five (5) business days after Landlord’s receipt of any revised be repeated until the Final Working Drawings for all portions of the Premises if the same is unsatisfactory or incomplete in any respectare ultimately approved by Landlord. Notwithstanding anything to the contrary in this Section 3.3, Landlord shall not unreasonably withhold, condition or delay its approval of the Final Working Drawings; provided, however, that to the extent that such The Final Working Drawings may (i) affect the exterior appearance of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems be submitted to Landlord for approval at one or more times and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, in one or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings in its sole discretion. Once approved by Landlord, the Final Working Drawings are the “Approved Working Drawings”more parts.
Appears in 1 contract
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. Title 24 calculations, electrical requirements and special electrical receptacle requirements for the Expansion Premises, to enable the Engineers and the Architect to complete the “"Final Working Drawings” " (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the Expansion Premises, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings in a form which is sufficiently complete to allow subcontractors all of Tenant's Agents to bid on the work and to obtain all applicable permits (collectively, the “"Final Working Drawings”") and shall submit the same to Landlord for Landlord’s 's approval, which shall not be unreasonably withheld, conditioned, or delayed. Tenant shall supply Landlord with four (4) copies signed by Tenant of such Final Working Drawings. Landlord shall advise Tenant within five ten (510) business days after Landlord’s ▇▇▇▇▇▇▇▇'s receipt of the Final Working Drawings for the Expansion Premises if the same is unsatisfactory or incomplete in any respect. If Tenant is so advised, Tenant shall immediately revise promptly cause the Final Working Drawings to be revised in accordance with such review and any disapproval of Landlord in connection therewith therewith. If Landlord fails to approve or disapprove the Final Working Drawings within such ten (10) business day period, then Tenant may send Landlord a reminder notice setting forth such failure (which reminder notice shall include a copy of such Final Working Drawings) and resubmit them containing the following sentence at the top of such notice in bold, capitalized font at least twelve (12) points in size: "LANDLORD'S FAILURE TO RESPOND TO THIS NOTICE WITHIN FIVE (5) BUSINESS DAYS SHALL RESULT IN LANDLORD'S DEEMED APPROVAL OF THE FINAL WORKING DRAWINGS" (the "Final Working Drawings Reminder Notice"). If Landlord fails to Landlord. Landlord shall advise Tenant respond with its approval or disapproval within five (5) business days after Landlord’s its receipt of any revised Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. Notwithstanding anything to the contrary in this Section 3.3, Landlord shall not unreasonably withhold, condition or delay its approval of the Final Working Drawings; provided, however, that to the extent that such Final Working Drawings may (i) affect the exterior appearance of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed the SpecificationsReminder Notice, then Landlord may grant or withhold its approval of such Final Working Drawings in its sole discretion. Once approved by Landlord, the Final Working Drawings are the “Approved Working Drawings”shall be deemed approved by Landlord.
Appears in 1 contract
Sources: Lease (BioAtla, Inc.)
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. Title 24 calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings drawings, to the extent applicable to the Tenant Improvements, in a form which is sufficiently complete to allow subcontractors all of Tenant’s Agents to bid on the work and to obtain all applicable permits (collectively, the “Final Working Drawings”) and shall submit the same to Landlord for Landlord’s approval, which shall not be unreasonably withheld, conditioned, or delayed. Tenant shall supply Landlord with four (4) copies signed by Tenant of such Final Working Drawings. Landlord shall advise Tenant within five ten (510) business days after Landlord’s receipt of the Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. If Tenant is so advised, Tenant shall immediately revise promptly cause the Final Working Drawings to be revised in accordance with such review and any disapproval of Landlord in connection therewith and resubmit them to Landlordtherewith. Landlord shall advise Tenant within five (5) business days after Notwithstanding the foregoing, Landlord’s receipt approval of any revised the Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. Notwithstanding anything to the contrary in this Section 3.3, Landlord shall not be unreasonably withhold, condition or delay withheld; provided that Landlord and Tenant hereby agree that it shall be deemed reasonable for Landlord to withhold its approval of the Final Working Drawings; provided, however, that to the extent that such Final Working Drawings may (i) affect the exterior appearance of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, if a Design Problem exists or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings in its sole discretion. Once approved by Landlord, if the Final Working Drawings are inconsistent with the “Approved Working Drawings”Final Space Plan.
Appears in 1 contract
Final Working Drawings. After the Final Space Plan has been approved (or deemed approved) by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, fire-suppression system requirements, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Fifth Amendment Premises, to enable the Engineers and the Architect to complete the “"Final Working Drawings” " (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the Fifth Amendment Premises, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the “"Final Working Drawings”") and shall submit the same to Landlord for Landlord’s 's approval; however, Tenant shall have the ability to submit architectural and engineered drawings at separate times, all subject to the timelines outlined below. Tenant shall supply Landlord with four one (41) copies copy signed by Tenant (and three (3) additional unsigned copies as necessary for review) of such Final Working Drawings. Such Final Working Drawings shall be approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed; provided, however, without limitation as to other reasonable grounds for withholding consent, it shall be deemed reasonable for Landlord to withhold its consent to any proposed Fifth Amendment Premises Improvements or aspect of the Final Working Drawings in the event the same causes a Design Problem. Landlord shall advise Tenant within five ten (510) business days after Landlord’s 's receipt of the Final Working Drawings for the Fifth Amendment Premises if the same is unsatisfactory or incomplete in any respect. If Tenant is so advised, Tenant shall immediately revise promptly cause the Final Working Drawings to be revised in accordance with such review and any disapproval of Landlord in connection therewith and resubmit them therewith. If Landlord fails to notify Tenant of Landlord. Landlord shall advise Tenant within five (5) business days after Landlord’s receipt 's approval or disapproval of any revised Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. Notwithstanding anything to the contrary in this Section 3.3, Landlord shall not unreasonably withhold, condition or delay its approval of the Final Working Drawings; provided, however, that to the extent that such Final Working Drawings may within such ten (i10) affect business day period, Tenant shall have the exterior appearance of the Building, right to provide Landlord with a second written request for approval (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings in its sole discretion. Once approved by Landlord, the Final Working Drawings are the “Approved Working Drawings”.a "
Appears in 1 contract
Sources: Office Lease (Lyft, Inc.)
Final Working Drawings. After the Final Space Plan for a Project has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings Project in a form which is complete to allow the approved general contractors (as set forth in Section 5.1 of this Tenant Work Letter) and qualified subcontractors of the Major Trade Components (as defined in Section 5.1.2 of this Tenant Work Letter) to bid on the work of such Project and to obtain all applicable permits (collectively, the “"Final Working Drawings”) and "). Upon the Architect's completion of the Final Working Drawings for a Project, Tenant shall submit the same to Landlord for Landlord's approval, which shall not be unreasonably withheld, conditioned or delayed. Within ten (10) business days following Landlord’s approval. Tenant shall supply Landlord with four (4) copies signed by Tenant receipt of such Final Working Drawings. , Landlord shall advise notify Tenant within five in writing whether (5a) business days after Landlord’s receipt Landlord approves of the such Final Working Drawings or whether (b) Landlord disapproves such Final Working Drawings, which disapproval shall specify the reasonable basis for the Premises if the same is unsatisfactory or incomplete such disapproval and shall be accompanied by a written detailed description of changes required in any respectorder to satisfy Landlord’s concerns. If Tenant is so advised, Tenant shall immediately revise Landlord timely and reasonably disapproves the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith and resubmit them this Section 4.3, Tenant shall cause the Final Working Drawings to Landlordbe revised by the Architect as reasonably EXHIBIT B-1 . Landlord shall advise Tenant within five (5) business days after required to address the Landlord’s receipt of any objections, and shall submit the revised Final Working Drawings to Landlord for review, with the Premises if the same foregoing review process to be repeated until Landlord has approved (or is unsatisfactory or incomplete in any respect. Notwithstanding anything deemed to the contrary in this Section 3.3, Landlord shall not unreasonably withhold, condition or delay its approval of have approved as provided below) the Final Working Drawings; provided, however, that . If Landlord fails to the extent that such Final Working Drawings may (i) affect the exterior appearance of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, timely approve or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings in its sole discretion. Once approved by Landlord, reasonably disapprove the Final Working Drawings are within ten (10) business day following their submission by Tenant for Landlord's approval, the “Approved Working Drawings”terms of Section 4.6, below, shall be applicable.
Appears in 1 contract
Sources: Lease (Nuvasive Inc)
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “"Final Working Drawings” " (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the “"Final Working Drawings”") and shall submit the same to Landlord for Landlord’s 's approval. Tenant shall supply Landlord with four (4) hard copies signed by Tenant of the Final Working Drawings, and concurrently with Tenant's delivery of such hard copies, Tenant shall send to Landlord via electronic mail one (1) .pdf electronic copy of such Final Working Drawings. Landlord shall advise Tenant within five (5) business days after Landlord’s 's receipt of all of the Final Working Drawings, either (i) approve the Final Working Drawings, (ii) approve the Final Working Drawings subject to specified conditions, which conditions must be stated in a reasonably clear and complete manner, and shall only be conditions reasonably intended to address a potential Design Problem, or (iii) disapprove and return the Construction Drawings to Tenant with requested revisions; provided, however, Landlord shall only disapprove such Final Working Drawings to the extent of a Design Problem. If Landlord disapproves the Final Working Drawings, Tenant may resubmit the Final Working Drawings to Landlord at any time, and Landlord shall approve or disapprove the resubmitted Final Working Drawings, based upon the criteria set forth in this Section 3.3, within three (3) business days after Landlord receives such resubmitted Final Working Drawings. Such procedure shall be repeated until the Final Working Drawings are approved. If Landlord has not timely approved the Final Working Drawings within the applicable time period set forth above, Tenant shall have the right to send a "reminder notice" to Landlord, which conspicuously indicates that Landlord's continued failure to respond may result in the deemed approval of the Final Working Drawings for most recently delivered to Landlord (which notice shall be delivered to Landlord pursuant to the Premises if terms of the same is unsatisfactory or incomplete Lease, shall clearly state the following in any respectbold: "LANDLORD'S FAILURE TO RESPOND WITHIN THREE (3) BUSINESS DAYS SHALL RESULT IN THE DEEMED APPROVAL OF THE FINAL WORKING DRAWINGS," and shall also be sent via electronic mail to the Landlord's representative set forth in Section 5.2 below). If Landlord fails to respond to Tenant is so advised, Tenant shall immediately revise regarding the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith and resubmit them to Landlord. Landlord shall advise Tenant within five three (53) business days after Landlord’s its receipt of any revised the reminder notice identified in the preceding sentence, then the Final Working Drawings for the Premises if the same is unsatisfactory or incomplete shall be deemed to have been approved by Landlord; provided, however, in any respect. Notwithstanding anything no event shall such "deemed approval" occur to the contrary extent the parties are in this Section 3.3, Landlord shall not unreasonably withhold, condition or delay its approval discussions regarding the nature of the Final Working Drawings; provided, however, that to the extent that such Final Working Drawings may (i) affect the exterior appearance of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings in its sole discretion. Once approved by Landlord, the Final Working Drawings are details contained therein or the “Approved Working Drawings”specifications pertaining thereto.
Appears in 1 contract
Final Working Drawings. After Following Landlord's approval of the Final Space Plan has been approved by LandlordPlans, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and cause Tenant, Tenant shall promptly cause the 's Architect and the Engineers to prepare and submit for Landlord's approval complete the architectural and engineering drawings for the Premisesdetailed construction plans and specifications, and Architect shall compile including a fully coordinated set of architectural, structural, mechanical, fire protection, electrical and plumbing working drawings for the Tenant Improvement Work, in a form which is sufficiently complete to allow permit subcontractors to bid on the work and to work, obtain all applicable permits required Permits (collectively, as hereinafter defined) and commence construction (the “"Final Working Drawings”) and shall submit the same to Landlord for Landlord’s approval"). Tenant shall supply furnish Landlord with four (4) copies signed by Tenant of such Final Working Drawings. Landlord shall advise approve or disapprove of the Final Working Drawings by giving written notice to Tenant within five (5) business days after Landlord’s receipt of the Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respectthereof. If Tenant is so advised, Tenant shall immediately revise the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith and resubmit them to Landlord. Landlord shall advise Tenant within five (5) business days after Landlord’s receipt of any revised Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. Notwithstanding anything to the contrary in this Section 3.3, Landlord shall not unreasonably withhold, condition or delay its approval of the Final Working Drawings; provided, howeverprovided that, that without limiting the generality of the foregoing, Landlord shall be entitled to withhold its consent to the extent that such Final Working Drawings may (i) affect the exterior appearance of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings if in its sole discretion. Once approved by Landlord's good faith judgment, the Final Working Drawings are inconsistent with, or do not conform to, the “Space Plans. If Landlord disapproves the Final Working Drawings, Landlord shall return the Final Working Drawings to Tenant with a statement of Landlord's reasons for disapproval and/or specifying any required corrections or revisions. Landlord shall approve or disapprove of any such revisions to the Final Working Drawings within five (5) business days after receipt of such revisions. This procedure shall be repeated until Landlord approves the Final Working Drawings (as so approved, the "Approved Working Drawings”").
Appears in 1 contract
Sources: Lease Agreement (Bebe Stores Inc)
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard nonstandard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “"Final Working Drawings” " (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the “"Final Working Drawings”") and shall submit the same to Landlord for Landlord’s 's approval. Tenant shall supply Landlord with four (4) hard copies signed by Tenant of the Final Working Drawings, and concurrently with Tenant's delivery of such hard copies, Tenant shall send to Landlord via electronic mail one (1) .pdf electronic copy of such Final Working Drawings. Landlord shall advise Tenant within five (5) business days after Landlord’s 's receipt of all of the Final Working Drawings, either (i) approve the Final Working Drawings, (ii) approve the Final Working Drawings subject to specified conditions, which conditions must be stated in a reasonably clear and complete manner, and shall only be conditions reasonably intended to address a potential Design Problem, or (iii) disapprove and return the Construction Drawings to Tenant with requested revisions; provided, however, Landlord shall only disapprove such Final Working Drawings to the extent of a Design Problem. If Landlord disapproves the Final Working Drawings, Tenant may resubmit the Final Working Drawings to Landlord at any time, and Landlord shall approve or disapprove the resubmitted Final Working Drawings, based upon the criteria set forth in this Section 3.3, within three (3) business days after Landlord receives such resubmitted Final Working Drawings. Such procedure shall be repeated until the Final Working Drawings are approved. If Landlord has not timely approved the Final Working Drawings within the applicable time period set forth above, Tenant shall have the right to send a "reminder notice" to Landlord, which conspicuously indicates that Landlord's continued failure to respond may result in the deemed approval of the Final Working Drawings for most recently delivered to Landlord (which notice shall be delivered to Landlord pursuant to the Premises if terms of the same is unsatisfactory or incomplete Lease, shall clearly state the following in any respectbold: "LANDLORD'S FAILURE TO RESPOND WITHIN THREE (3) BUSINESS DAYS SHALL RESULT IN THE DEEMED APPROVAL OF THE FINAL WORKING DRAWINGS," and shall also be sent via electronic mail to the Landlord's representative set forth in Section 5.2 below). If Landlord fails to respond to Tenant is so advised, Tenant shall immediately revise regarding the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith and resubmit them to Landlord. Landlord shall advise Tenant within five three (53) business days after Landlord’s its receipt of any revised the reminder notice identified in the preceding sentence, then the Final Working Drawings for the Premises if the same is unsatisfactory or incomplete shall be deemed to have been approved by Landlord; provided, however, in any respect. Notwithstanding anything no event shall such "deemed approval" occur to the contrary extent the parties are in this Section 3.3, Landlord shall not unreasonably withhold, condition or delay its approval discussions regarding the nature of the Final Working Drawings; provided, however, that to the extent that such Final Working Drawings may (i) affect the exterior appearance of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings in its sole discretion. Once approved by Landlord, the Final Working Drawings are details contained therein or the “Approved Working Drawings”specifications pertaining thereto.
Appears in 1 contract
Sources: Sublease (Dexcom Inc)
Final Working Drawings. After On or before the Pharmacy – Tenant Deadline for Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, Improvement Working Drawings to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as Landlord set forth below. Upon the approval of the Final Space Plan by Landlord and in Schedule 1, Tenant, Tenant shall promptly cause the Architect and the Engineers to shall, based on the Final Space Plan and Construction Drawings, complete a minimum of Eighty Percent (80%) of the architectural and engineering drawings for the Premises, Tenant Improvements in the Leased Premises and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing the final architectural working drawings in a form which that is complete sufficient to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the “Final Working Drawings”) and shall submit a complete draft set of the same to Landlord for Landlord’s approval. If Landlord disapproves any aspect of the Final Working Drawings, Landlord shall advise Tenant in writing of such disapproval and the reasons therefor within ten (10) business days after receipt. Tenant shall supply then cause the Architect to address the Landlord’s disapproval the Final Working Drawings, incorporating the revisions requested by Landlord, and within fifteen (15) business days resubmit the same to Landlord with four (4) copies signed by Tenant for approval. Timing is of such the essence in reaching agreement on the Final Working Drawings and the parties here to agree to proceed in good faith to reach agreement on the Final Working Drawings. This process will be repeated until the Final Working Drawings are mutually approved by Landlord and Tenant. The Final Working Drawings, once approved in writing by both Landlord and Tenant, shall advise Tenant within five be referred to herein as the “Approved Working Drawings.”
3.3.1 If despite good-faith efforts of the parties, less than Eighty Percent (580%) business days after Landlord’s receipt of the Final Working Drawings for are agreed to on or before the Premises if the same is unsatisfactory or incomplete in any respect. If Tenant is so advised, Tenant shall immediately revise the Final Pharmacy - Approved Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith and resubmit them to Landlord. Landlord shall advise Tenant within five (5) business days after Deadline on Schedule 1, then, as the parties’ sole remedy, all deadlines for Landlord’s receipt and Tenant’s performance shall be extended by one (1) day for each day of any revised Final Working Drawings for the Premises if the same delay until an agreement is unsatisfactory or incomplete in any respect. Notwithstanding anything to the contrary in this Section 3.3, Landlord shall not unreasonably withhold, condition or delay its approval of the Final Working Drawings; provided, however, that to the extent that such Final Working Drawings may (i) affect the exterior appearance of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings in its sole discretion. Once approved by Landlord, the Final Working Drawings are the “Approved Working Drawings”reached.
Appears in 1 contract
Sources: Lease Agreement (HS Spinco, Inc.)
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the applicable 6310 Expansion Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the applicable 6310 Expansion Premises, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the “Final Working Drawings”) and shall submit the same to Landlord for Landlord’s approval. Tenant shall supply Landlord with four (4) copies signed by Tenant of such Final Working Drawings. Landlord shall advise Tenant shall, within five (5) business days after Landlord’s receipt of all of the Final Working Drawings, either (i) approve the Final Working Drawings, (ii) approve the Final Working Drawings for subject to specified conditions, which conditions must be stated in a reasonably clear and complete manner, and shall only be conditions reasonably intended to address a potential Design Problem, or (iii) disapprove and return the Premises if Construction Drawings to Tenant with requested revisions; provided, however, Landlord shall only disapprove such Final Working Drawings to the same is unsatisfactory or incomplete in any respectextent of a Design Problem. If Tenant is so advisedLandlord disapproves the Final Working Drawings, Tenant shall immediately revise may resubmit the Final Working Drawings in accordance with such review to Landlord at any time, and any disapproval of Landlord in connection therewith and resubmit them to Landlord. Landlord shall advise Tenant within five (5) business days after Landlord’s receipt of any revised approve or disapprove the resubmitted Final Working Drawings for Drawings, based upon the Premises if the same is unsatisfactory or incomplete in any respect. Notwithstanding anything to the contrary criteria set forth in this Section 3.3, within three (3) business days after Landlord shall not unreasonably withhold, condition or delay its approval of the receives such resubmitted Final Working Drawings; provided, however, that to the extent that such Final Working Drawings may (i) affect the exterior appearance of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings in its sole discretion. Once approved by Landlord, Such procedure shall be repeated until the Final Working Drawings are the “Approved Working Drawings”.approved. EXHIBIT B -4-
Appears in 1 contract
Sources: Office Lease
Final Working Drawings. After the Final Space Plan has been approved by Upon Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” 's approval (as that term is defined belowor deemed approval) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and TenantPlan, Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the applicable floor or Phase of the Premises, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the “"Final Working Drawings”") and shall submit the same to Landlord for Landlord’s 's approval. Tenant shall supply Landlord with four (4) hard copies signed by Tenant of the Final Working Drawings, and concurrently with Tenant's delivery of such hard copies, Tenant shall send to Landlord via electronic mail one (1) pdf electronic copy of such Final Working Drawings. Landlord shall advise Tenant within five fifteen (515) business days after Landlord’s 's receipt of the Final Working Drawings if there is a Design Problem with respect to such Final Working Drawings (setting forth in reasonable detail Landlord's reasons for the Premises if the same is unsatisfactory or incomplete in any respectbelieving a Design Problem exists) otherwise Landlord shall approve such Final Working Drawings within such fifteen (15) business day period. If Tenant is so advisedLandlord fails to respond within such fifteen (15) business day period, then Tenant shall immediately revise have the right to deliver a second notice to Landlord requesting Landlord's approval of such Final Working Drawings (which second notice shall include a copy of such Final Working Drawings), and if Landlord fails to respond within five (5) business day following Landlord's receipt of such second notice then Landlord shall be deemed to have approved the applicable Final Working Drawings. In addition, Landlord shall not disapprove any portion of the Final Working Drawings in accordance which is logically consistent with either (i) the Final Space Plan corresponding to such review and Final Working Drawings or (ii) the Final Working Drawings or the Approved Working Drawings for any disapproval other similar Improvements for any floor or Phase of the Premises previously approved (or deemed approved) by Landlord. If Landlord in connection therewith and resubmit them advises Tenant that a Design Problem exists with respect to Landlordany Final Working Drawings, Tenant shall cause the applicable Final Working Drawings to be revised to correct such Design Problem. Landlord shall advise Tenant approve any re-submittal of Final Working Drawings within five (5) business days after receipt thereof and Landlord’s receipt of any revised Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. Notwithstanding anything 's failure to the contrary in this Section 3.3, Landlord respond within such five (5) business day period shall not unreasonably withhold, condition or delay its approval of the Final Working Drawings; provided, however, that be deemed to the extent that such Final Working Drawings may (i) affect the exterior appearance of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its be Landlord's approval of such Final Working Drawings Drawings. At the time Landlord gives its approval to any Final Working Drawings, upon specific request by Tenant, Landlord shall notify Tenant in its sole discretion. Once approved by Landlord, writing of whether any of the Improvements set forth in such Final Working Drawings are Specialty Improvements. If Landlord fails to so notify Tenant, then none of the “Approved Improvement set forth in such Final Working Drawings”.Drawings shall be deemed to be Specialty Improvements for purposes of this Lease. 720213.12/▇▇▇▇▇▇▇▇▇-00005/4-9-14/mem/ejw EXHIBIT B-21-
Appears in 1 contract
Sources: Office Lease (Salesforce Com Inc)
Final Working Drawings. After Following Landlord’s approval of the Final Space Plan has been approved by LandlordPlans, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and cause Tenant, Tenant shall promptly cause the ’s Architect and the Engineers to prepare and submit for Landlord’s approval complete the architectural and engineering drawings for the Premisesdetailed construction plans and specifications, and Architect shall compile including a fully coordinated set of architectural, structural, mechanical, electrical electrical, plumbing, HVAC, life safety and plumbing sprinkler working drawings for the Tenant Improvement Work for such Phase, in a form which is sufficiently complete to allow permit subcontractors to bid on the work and to obtain all applicable permits (collectively, the “Final Working Drawings”) and shall submit the same to Landlord for Landlord’s approval). Tenant shall supply furnish Landlord with four (4) copies signed by Tenant of such Final Working Drawings. Landlord shall advise Tenant within five (5) business days after Landlord’s receipt approve or disapprove of the Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. If Tenant is so advised, Tenant shall immediately revise the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith and resubmit them by giving written notice to Landlord. Landlord shall advise Tenant within five ten (510) business days after Landlord’s receipt of any revised Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respectthereof. Notwithstanding anything to the contrary in this Section 3.3, Landlord shall not unreasonably withhold, condition withhold or delay its approval of the Final Working Drawings; provided, howeverprovided that, that without limiting the generality of the foregoing, Landlord shall be entitled to withhold its consent to the extent that such Final Working Drawings may (i) affect the exterior appearance for any of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Lawsreasons specified in Section 3.2 above, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings if in its sole discretion. Once approved by Landlord’s good faith judgment, the Final Working Drawings are inconsistent with, or do not conform to, the Space Plans. If Landlord disapproves the Final Working Drawings, Landlord shall return the Final Working Drawings to Tenant with a statement of Landlord’s reasons for disapproval and/or specifying any required corrections or revisions. Landlord shall approve or disapprove of any such revisions to the Final Working Drawings within five (5) business days after receipt of such revisions. This procedure shall be repeated until Landlord approves the Final Working Drawings (as so approved, the “Approved Working Drawings”).
Appears in 1 contract
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (which may be done by subspecialty if such subspecialty will be separately permitted by the City) (collectively, the “Final Working Drawings”) and shall submit the same to Landlord for Landlord’s approval. Tenant shall supply Landlord with four (4) copies signed by Tenant of such Final Working Drawings. Landlord shall advise Tenant shall, within five ten (510) business days after Landlord’s receipt of the Final Working Drawings, (i) approve the Final Working Drawings, (ii) approve the Final Working Drawings subject to specified conditions to be satisfied by Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 3.4, below, or (iii) disapprove the Premises if Final Working Drawings and return the same is unsatisfactory to Tenant with detailed requested revisions. If Landlord disapproves the Final Working Drawings, Tenant shall resubmit the Final Working Drawings to Landlord, and Landlord shall approve or incomplete in any respectdisapprove of the resubmitted Final Working Drawings (except that Landlord’s disapproval of the Final Working Drawings, as resubmitted, shall be final), within five (5) business days after Landlord receives such resubmitted Final Working Drawings. If Tenant is so advised, Tenant shall immediately revise the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith and resubmit them to Landlordtherewith. Landlord shall advise Tenant within five (5) business days after Landlord’s receipt of any revised Final Working Drawings for the Premises In addition, if the same is unsatisfactory or incomplete in any respect. Notwithstanding anything to the contrary in this Section 3.3, Landlord shall not unreasonably withhold, condition or delay its approval of the Final Working Drawings; provided, however, that to the extent that such Final Working Drawings may (i) affect the exterior appearance of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings in its sole discretion. Once approved by Landlord, the Final Working Drawings are or any amendment thereof or supplement thereto shall require alterations in the “Approved Working Drawings”Base Building (as contrasted with the Tenant Improvements), and if Landlord in its sole and exclusive discretion agrees to any such alterations, and notifies Tenant of the need and cost for such alterations, then Tenant shall pay, at its sole cost and expense, the cost of such required changes upon receipt of bills therefor.
Appears in 1 contract
Sources: Office Lease (Favrille Inc)
Final Working Drawings. After Landlord and Tenant have agreed upon a final space plan for Tenant Improvements in the Premises, which final space plan was prepared by ID Studios and is dated July 27, 2013 and was last revised on August 4, 2013 (collectively, the “Final Space Plan”). Based upon the Final Space Plan has been approved by LandlordPlan, Tenant Landlord shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the “Final Working Drawings”Drawings “) and shall submit the same to Landlord Tenant for LandlordTenant’s approval. The Final Working Drawings shall incorporate modifications to the Final Space Plan as necessary to comply with the floor load and other structural and system requirements of the Building. To the extent that the finishes and specifications are not completely set forth in the Final Space Plan for any portion of the Tenant Improvements depicted thereon, the actual specifications and finish work shall be in accordance with the Specifications. Tenant shall supply Landlord with four (4) copies signed by Tenant of such approve or reasonably disapprove the Final Working Drawings. Landlord shall advise Tenant Drawings or any revisions thereto within five (5) business days after Landlord’s receipt of Landlord delivers the Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. If Tenant is so advised, Tenant shall immediately revise the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith and resubmit them revisions thereto to Landlord. Landlord shall advise Tenant within five (5) business days after Landlord’s receipt of any revised Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. Notwithstanding anything to the contrary in this Section 3.3, Landlord shall not unreasonably withhold, condition or delay its approval of the Final Working DrawingsTenant; provided, however, that to the extent that such Final Working Drawings Tenant may (i) affect the exterior appearance of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings in its sole discretion. Once approved by Landlord, only disapprove the Final Working Drawings to the extent the same are not (subject to changes reasonably required by Landlord) in substantial conformance with the Final Space Plan (“Approved Working DrawingsDrawing Design Problem”). Tenant’s failure to disapprove the Final Working Drawings or any revisions thereto by written notice to Landlord (which notice shall specify in detail the reasonable reasons for Tenant’s disapproval pertaining to any Working Drawing Design Problem) within said five (5) business day period shall be deemed to constitute Tenant’s approval of the Final Working Drawings or such revisions.
Appears in 1 contract
Sources: Lease (Cadence Pharmaceuticals Inc)
Final Working Drawings. After the Final Space Plan has been approved by LandlordLessor, Tenant Lessee shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord Lessor and TenantLessee, Tenant Lessee shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings with complete specifications in a form which is complete to allow subcontractors to bid on all of the work and to obtain all applicable permits (collectively, the “Final Working Drawings”) and shall submit the same to Landlord Lessor for LandlordLessor’s approval. Tenant shall supply Landlord with , four (4) copies signed by Tenant Lessee of such Final Working Drawings. Landlord Lessor shall advise Tenant Lessee within five seven (57) business days after LandlordLessor’s receipt of the Final Working Drawings for the New Premises and Existing Premises, as applicable, if the same is reasonably unsatisfactory or incomplete in any respect. If Tenant Lessee is so advised, Tenant Lessee shall immediately revise the Final Working Drawings in accordance with such review and any disapproval of Landlord Lessor in connection therewith and resubmit them submit the revised Final Working Drawings to Landlord. Landlord shall advise Tenant within five Lessor no later than seven (57) business days after Landlord’s receipt of Lessor delivers its advice. If Lessor makes any revised Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. Notwithstanding anything objections to the contrary in this Section 3.3, Landlord shall not unreasonably withhold, condition or delay its approval of the Final Working Drawings; provided, howeverand provided such objections are reasonable, that to the extent that such Final Working Drawings may (i) affect the exterior appearance of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings in its sole discretion. Once approved by Landlord, Lessee shall revise the Final Working Drawings are and cause such objections to be remedied in the “Approved revised Final Working Drawings”. Within two (2) business days after Lessor receives the revised Final Working Drawings, Lessor shall approve or reasonably disapprove such revised Final Working Drawings. This procedure shall be repeated until the Final Working Drawings is finally approved by Lessor and written approval has been delivered to and received by Lessee. Lessor’s failure to advise timely shall be deemed approval. Lessor acknowledges that Lessee plans to utilize design-build MEPFS sub contractors.
Appears in 1 contract
Sources: Lease (Blue Coat Systems Inc)
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers to shall complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing the final architectural working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the “"Final Working Drawings”") and shall submit the same to Landlord for Landlord’s 's approval as set forth below. Following Landlord's approval of the applicable Final Space Plan, Tenant, the Architect and the Engineers shall complete the Final Working Drawings for the applicable phase of the Tenant Improvements in a form which is sufficient to allow contractors to bid on the work and to obtain all applicable permits and shall submit the same to Landlord for Landlord's approval. Tenant shall supply Landlord with four (4) copies signed by Tenant of such Final Working Drawings. Landlord shall advise Tenant shall, within five (5) business days after Landlord’s 's receipt of all of the Final Working Drawings for Drawings, either (i) approve the Premises if the same is unsatisfactory or incomplete in any respect. If Tenant is so advisedFinal Working Drawings, Tenant shall immediately revise (ii) approve the Final Working Drawings in accordance subject to specified conditions, or (iii) disapprove and return the Construction Drawings to Tenant with such review and any disapproval of Landlord in connection therewith and resubmit them to Landlord. requested revisions; provided, however, Landlord shall advise Tenant within five (5) business days after Landlord’s receipt of any revised only disapprove such Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. Notwithstanding anything to the contrary extent of a Design Problem. If Landlord disapproves the Final Working Drawings, Tenant may resubmit the Final Working Drawings to Landlord at any time, and Landlord shall approve or disapprove the resubmitted Final Working Drawings, based upon the criteria set forth in this Section 3.3, within three (3) business days after Landlord shall not unreasonably withhold, condition or delay its approval of the receives such resubmitted Final Working Drawings; provided, however, that to the extent that such Final Working Drawings may (i) affect the exterior appearance of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings in its sole discretion. Once approved by Landlord, Such procedure shall be repeated until the Final Working Drawings are the “Approved Working Drawings”approved.
Appears in 1 contract
Sources: Office Lease (Anacomp Inc)
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “"Final Working Drawings” " (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings in a form which is complete to allow subcontractors to bid on the work work, to the extent applicable, and to obtain all applicable permits (collectively, the “"Final Working Drawings”") and shall submit the same to Landlord for Landlord’s 's approval, which approval shall not be unreasonably withheld. Tenant shall supply Landlord with four (4) hard copies signed by Tenant and one (1) electronic copy of such Final Working Drawings. Landlord shall advise Tenant within five ten (510) business days after Landlord’s 's receipt of the Final Working Drawings for the Premises if the same is unsatisfactory are approved, or, if the Final Working Drawings are not reasonably satisfactory or are incomplete in any respect, disapproved, in which event Landlord shall include in its notice of disapproval a reasonably detailed explanation as to which items are not satisfactory or complete and the reason(s) therefor. If Tenant is so advisedadvised that the Final Working Drawings are not satisfactory or complete, Tenant shall immediately promptly revise the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith therewith, and resubmit them to Landlord. Landlord shall advise Tenant approve or disapprove the resubmitted Final Working Drawings, based upon the criteria set forth in this Section 3.3, within five (5) business days after Landlord’s receipt of any revised Landlord receives such resubmitted Final Working Drawings. Such procedure shall be repeated until the Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. Notwithstanding anything to the contrary in this Section 3.3, Landlord shall not unreasonably withhold, condition or delay its approval of the Final Working Drawingsare approved; provided, however, that if Landlord fails to the extent that such Final Working Drawings may (i) affect the exterior appearance notify Tenant of the Building, (ii) adversely affect the structural portions Landlord's approval or disapproval of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval iteration of such Final Working Drawings in its sole discretion. Once approved by Landlord, the Final Working Drawings are within the “Approved initial ten (10) business day review period or any subsequent five (5) business day review period for approval or disapproval thereof, Tenant shall deliver Landlord an additional notice requesting approval and if Landlord thereafter fails to respond within five (5) business days of receipt of such additional notice, Landlord will be deemed to have approved such iteration of the Final Working Drawings”.
Appears in 1 contract
Sources: Sublease (Okta, Inc.)
Final Working Drawings. After Following Landlord’s approval of the Final Space Plan has been approved by Plans, Tenant’s Architect shall prepare and submit for Landlord, Tenant shall supply the Engineers with a ’s approval complete listing of standard and non-standard equipment detailed construction plans and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the Premises, and Architect shall compile including a fully coordinated set of architectural, structural, mechanical, fire protection, electrical and plumbing working drawings for the Tenant Improvement Work, in a form which is sufficiently complete to allow permit subcontractors to bid on the work and to work, obtain all applicable permits required Permits (collectively, as hereinafter defined) and commence construction (the “Final Working Drawings”). Landlord shall approve or disapprove of the Final Working Drawings by giving written notice to Tenant within ten (10) and business days after receipt thereof. Landlord shall submit not unreasonably withhold or condition its approval of the same to Landlord for Landlord’s approval. Tenant shall supply Landlord with four (4) copies signed by Tenant of such Final Working Drawings, provided that, without limiting the generality of the foregoing, Landlord shall be entitled to withhold its consent to the Final Working Drawings for any of the reasons specified in Section 3.2 above, or if in Landlord’s good faith judgment, the Final Working Drawings are inconsistent with, or do not conform to, the Space Plans. If Landlord disapproves the Final Working Drawings, Landlord shall return the Final Working Drawings to Tenant with a statement of Landlord’s reasons for disapproval and/or specifying any required corrections or revisions. Landlord shall advise approve or disapprove of any such revisions to the Final Working Drawings necessitated by Landlord’s comments or initiated by Tenant within five (5) business days after Landlord’s receipt of such revisions. This procedure shall be repeated until Landlord approves the Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. If Tenant is (as so advisedapproved, Tenant shall immediately revise the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith and resubmit them to Landlord. Landlord shall advise Tenant within five (5) business days after Landlord’s receipt of any revised Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. Notwithstanding anything to the contrary in this Section 3.3, Landlord shall not unreasonably withhold, condition or delay its approval of the Final Working Drawings; provided, however, that to the extent that such Final Working Drawings may (i) affect the exterior appearance of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings in its sole discretion. Once approved by Landlord, the Final Working Drawings are the “Approved Working Drawings”).
Appears in 1 contract
Sources: Office Lease (Jamba, Inc.)
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. Title 24 calculations, electrical requirements and special electrical receptacle requirements for the Third Expansion Premises, to enable the Engineers and the Architect to complete the “"Final Working Drawings” " (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the Third Expansion Premises, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings in a form which is sufficiently complete to allow subcontractors all of Tenant's Agents to bid on the work and to obtain all applicable permits (collectively, the “"Final Working Drawings”") and shall submit the same to Landlord for Landlord’s 's approval, which shall not be unreasonably withheld, conditioned, or delayed. Tenant shall supply Landlord with four (4) copies signed by Tenant of such Final Working Drawings. Landlord shall advise Tenant within seven (7) business days after Landlord's receipt of the Final Working Drawings for the Third Expansion Premises (five (5) business days for re-submissions) if the same is unsatisfactory or incomplete in any respect (provided that, except in the case of re-submissions, if the scope of such Final Working Drawings are such that Landlord cannot reasonably complete its review in such period, Landlord will inform Tenant, and such period will be extended five (5) additional business days). If Tenant is so advised, Tenant shall promptly cause the Final Working Drawings to be revised in accordance with such review and any disapproval of Landlord in connection therewith. If Landlord fails to respond to or approve of the Final Working Drawings or any re-submission thereof within the foregoing period after Landlord’s receipt of the Final Working Drawings or any re-submission, Tenant may submit a notice (the “Final Working Drawings Notice”) with the following words in bold font, all capitalized: “FINAL NOTICE: FAILURE TO RESPOND IN TWO (2) BUSINESS DAYS CONSTITUTES APPROVAL BY LANDLORD OF THE FINAL WORKING DRAWINGS.” Failure of Landlord to respond to or approve of the Final Working Drawings or any re-submission thereof within two (2) business days after Landlord’s receipt of the Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. If Tenant is so advised, Tenant shall immediately revise the Final Working Drawings in accordance with such review and any disapproval of Notice will constitute approval by Landlord in connection therewith and resubmit them to Landlord. Landlord shall advise Tenant within five (5) business days after Landlord’s receipt of any revised Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. Notwithstanding anything to the contrary in this Section 3.3, Landlord shall not unreasonably withhold, condition or delay its approval of the Final Working Drawings; provided, however, that to the extent that such Final Working Drawings may (i) affect the exterior appearance of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings in its sole discretion. Once approved by Landlord, the Final Working Drawings are the “Approved Working Drawings”.
Appears in 1 contract
Sources: Lease (Arcus Biosciences, Inc.)
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “"Final Working Drawings” " (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the “"Final Working Drawings”") and shall submit the same to Landlord for Landlord’s 's approval. Tenant shall supply Landlord with four (4) hard copies signed by Tenant of the Final Working Drawings, and concurrently with Tenant's delivery of such hard copies, Tenant shall send to Landlord via electronic mail one (1) .pdf electronic copy of such Final Working Drawings. Landlord shall advise Tenant within five ten (510) business days after Landlord’s 's receipt of the Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. If Tenant is so advised, Tenant shall immediately revise the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith and resubmit them to Landlordtherewith. Landlord shall advise Tenant within five (5) business days after Landlord’s receipt of any revised Final Working Drawings for the Premises In addition, if the same is unsatisfactory or incomplete in any respect. Notwithstanding anything to the contrary in this Section 3.3, Landlord shall not unreasonably withhold, condition or delay its approval of the Final Working Drawings; provided, however, that to the extent that such Final Working Drawings may (i) affect the exterior appearance of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings in its sole discretion. Once approved by Landlord, the Final Working Drawings are or any amendment thereof or supplement thereto shall require alterations in the “Approved Working Drawings”Base Building (as contrasted with the Tenant Improvements), and if Landlord in its sole and exclusive discretion agrees to any such alterations, and notifies Tenant of the need and cost for such alterations, then Tenant shall pay the cost of such required changes in advance upon receipt of notice thereof. Tenant shall pay all direct architectural and/or engineering fees in connection therewith.
Appears in 1 contract
Sources: Office Lease (8x8 Inc /De/)
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers to shall prepare or ---------------------- reasonably complete the set of architectural and engineering drawings for the Tenant Improvements to be constructed in the Premises, and Architect shall compile a fully reasonably complete coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings in a form which is sufficiently complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the “"Final Working Drawings”") and shall submit the same to Landlord for Landlord’s 's approval. The Final Working Drawings may be submitted in one or more stages at one or more times,provided that Tenant shall ultimately supply Landlord with four (4) completed copies signed by Tenant of such Final Working Drawings. Landlord shall advise Tenant within five Within ten (510) business days after following Landlord’s 's receipt of the Final Working Drawings for the Premises if the same is unsatisfactory Drawings, Landlord shall either approve or incomplete in any respect. If Tenant is so advised, Tenant shall immediately revise disapprove the Final Working Drawings in accordance with such review and any disapproval of Drawings, provided that Landlord in connection therewith and resubmit them to Landlord. Landlord shall advise Tenant within five (5) business days after Landlord’s receipt of any revised Final Working Drawings for the Premises if the same is unsatisfactory may only disapprove or incomplete in any respect. Notwithstanding anything to the contrary in this Section 3.3, Landlord shall not unreasonably withhold, condition or delay its approval of the Final Working Drawings; provided, however, that to the extent that such Final Working Drawings may same for (i) an adverse affect on the structural integrity of the Building; (ii) non-compliance with Applicable Laws; (iii) an adverse affect on the Systems and Equipment; (iv) an adverse affect on the exterior appearance of the Building; (individually or collectively, (ii) adversely affect a "Design Problem"). If Landlord disapproves the structural portions of Final Working Drawings, Landlord shall specify in reasonable detail the Buildingcorrections required to rectify the Design Problem or Design Problems, (iii) adversely affect as the Building systems case may be, and equipment, (iv) unreasonably interfere with any other occupant’s normal Tenant shall make the changes necessary in order to correct the Design Problem or Design Problems and customary office operation, (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed deliver the Specifications, then Landlord may grant or withhold its approval of such revised Final Working Drawings to Landlord. Landlord shall either approve or disapprove the revised Final Working Drawings. If Landlord again disapproves the revised Final Working Drawings, Tenant shall make the changes necessary in its sole discretion. Once approved by Landlord, order to correct the Design Problem or Design Problems and deliver the revised Final Working Drawings are the “Approved Working Drawings”to Landlord.
Appears in 1 contract
Final Working Drawings. After Based on the Final Space Plan has been approved by LandlordPlan, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and Landlord shall cause the Engineers to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, structural, EXHIBIT “C” T▇▇▇▇▇ ▇▇▇▇▇ COURT, LA JOLLA mechanical, electrical and plumbing working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the “Final Working Drawings”) and shall submit the same concurrently (i) to Landlord for Landlord’s approval. approval and (ii) on or before the date set forth therefor in Schedule 1, to the applicable local governmental agency for all applicable building permits necessary to allow “Contractor,” as that term is defined in Section 4.1 of this Work Letter Agreement, to commence and fully complete the construction of the Tenant shall supply Landlord with four Improvements (4) copies signed by Tenant of such Final Working Drawingscollectively, the “Permits”). Landlord shall advise Tenant approve or reasonably disapprove the Final Working Drawings or any revisions thereto within five (5) business days after Landlord’s receipt of Tenant delivers the Final Working Drawings for or such revisions to Landlord (and any delay by Landlord in so responding shall not be a Tenant Delay). For purposes of this Section 3.3, Landlord shall only be able to “reasonably disapprove” if in the Premises if the same is unsatisfactory or incomplete in any respect. If Tenant is so advised, Tenant shall immediately revise Landlord’s reasonable determination the Final Working Drawings in accordance (a) are inconsistent with the Final Space Plan or (b) if implemented, would impact the structural integrity of the Building. In the event Landlord requires any changes to the Final Working Drawings, then Tenant shall make such review and any disapproval of Landlord in connection therewith changes and resubmit them the same to Landlord for Landlord. Landlord shall advise Tenant ’s approval within five (5) business days after Landlordof Tenant’s receipt of any revised Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respectLandlord’s changes. Notwithstanding anything to the contrary in this Section 3.3, Landlord This procedure shall not unreasonably withhold, condition or delay its approval of the Final Working Drawings; provided, however, that to the extent that such Final Working Drawings may (i) affect the exterior appearance of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings in its sole discretion. Once approved by Landlord, be repeated until the Final Working Drawings are the “Approved Working Drawings”approved by Landlord.
Appears in 1 contract
Final Working Drawings. After Following Landlord's approval of the Final Space Plan has been approved by Landlord---------------------- Plans, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and cause Tenant, Tenant shall promptly cause the 's Architect and the Engineers to prepare and submit for Landlord's approval complete the architectural and engineering drawings for the Premisesdetailed construction plans and specifications, and Architect shall compile including a fully coordinated set of architectural, structural, mechanical, fire protection, electrical and plumbing working drawings for the Tenant Improvement Work, in a form which is sufficiently complete to allow permit subcontractors to bid on the work and to work, obtain all applicable permits required Permits (collectively, as hereinafter defined) and commence construction (the “"Final Working Drawings”) and shall submit the same to Landlord for Landlord’s approval"). Tenant shall supply furnish Landlord with four (4) copies signed by Tenant of such Final Working Drawings. Landlord shall advise approve or disapprove of the Final Working Drawings by giving written notice to Tenant within five (5) business days after Landlord’s receipt of the Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respectthereof. If Tenant is so advised, Tenant shall immediately revise the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith and resubmit them to Landlord. Landlord shall advise Tenant within five (5) business days after Landlord’s receipt of any revised Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. Notwithstanding anything to the contrary in this Section 3.3, Landlord shall not unreasonably withhold, condition withhold or delay its approval of the Final Working Drawings; provided, howeverprovided that, that without limiting the generality of the foregoing, Landlord shall be entitled to withhold its consent to the extent that such Final Working Drawings may (i) affect the exterior appearance for any of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Lawsreasons specified in Section 2.2 above, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings if in its sole discretion. Once approved by Landlord's good faith judgment, the Final Working Drawings are inconsistent with, or do not conform to, the “Space Plans. If Landlord disapproves the Final Working Drawings, Landlord shall return the Final Working Drawings to Tenant with a statement of Landlord's reasons for disapproval and/or specifying any required corrections or revisions. Landlord shall approve or disapprove of any such revisions to the Final Working Drawings within five (5) business days after receipt of such revisions. This procedure shall be repeated until Landlord approves the Final Working Drawings (as so approved, the "Approved Working Drawings”").
Appears in 1 contract
Sources: Lease (Micromuse Inc)
Final Working Drawings. After Following Landlord’s approval of the Final Space Plan has been approved by LandlordPlans, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and cause Tenant, Tenant shall promptly cause the ’s Architect and the Engineers to prepare and submit for Landlord’s approval complete the architectural and engineering drawings for the Premisesdetailed construction plans and specifications, and Architect shall compile including a fully coordinated set of architectural, structural, mechanical, fire protection, electrical and plumbing working drawings for the Tenant Improvement Work, in a form which is sufficiently complete to allow permit subcontractors to bid on the work and to work, obtain all applicable permits required Permits (collectively, as hereinafter defined) and commence construction (the “Final Working Drawings”) and shall submit the same to Landlord for Landlord’s approval). Tenant shall supply furnish Landlord with four (4) copies signed by Tenant of such Final Working Drawings. Landlord shall advise Tenant within five (5) business days after Landlord’s receipt approve or disapprove of the Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. If Tenant is so advised, Tenant shall immediately revise the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith and resubmit them by giving written notice to Landlord. Landlord shall advise Tenant within five ten (510) business days after Landlord’s receipt of any revised Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respectthereof. Notwithstanding anything to the contrary in this Section 3.3, Landlord shall not unreasonably withhold, condition withhold or delay its approval of the Final Working Drawings; provided, howeverprovided that, that without limiting the generality of the foregoing, Landlord shall be entitled to withhold its consent to the extent that such Final Working Drawings may (i) affect the exterior appearance for any of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Lawsreasons specified in Section 3.2 above, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings if in its sole discretion. Once approved by Landlord’s good faith judgment, the Final Working Drawings are inconsistent with, or do not conform to, the Space Plans. If Landlord disapproves the Final Working Drawings, Landlord shall return the Final Working Drawings to Tenant with a statement of Landlord’s reasons for disapproval and/or specifying any required corrections or revisions. Landlord shall approve or disapprove of any such revisions to the Final Working Drawings within five (5) business days after receipt of such revisions. This procedure shall be repeated until Landlord approves the Final Working Drawings (as so approved, the “Approved Working Drawings”).
Appears in 1 contract
Sources: Lease Agreement (Claria Corp)
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. Title 24 calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings in a form which is sufficiently complete to allow subcontractors all of Tenant’s Agents to bid on the work and to obtain all applicable permits (collectively, the “Final Working Drawings”) and shall submit the same to Landlord for Landlord’s approval, which shall not be unreasonably withheld, conditioned, or delayed. Tenant shall supply Landlord with four (4) copies signed by Tenant of such Final Working Drawings. Landlord shall advise Tenant within five ten (510) business days after Landlord’s receipt of the Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. If Tenant is so advised, Tenant shall immediately revise promptly cause the Final Working Drawings to be revised in accordance with such review and any disapproval of Landlord in connection therewith therewith. If Landlord fails to respond to the Final Construction Documents within the ten (10) business day period set forth above, Tenant may send Landlord a notice setting forth such failure and resubmit them warning that a continuing failure to Landlordrespond may result in a “deemed approval” (the “Final Construction Documents Reminder Notice”). If Landlord shall advise Tenant fails to respond to the Final Construction Documents within five (5) business days after Landlord’s receipt of any revised Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. Notwithstanding anything to the contrary in this Section 3.3, Landlord shall not unreasonably withhold, condition or delay its approval of the Final Working Drawings; providedConstruction Documents Reminder Notice, however, that to the extent that such Final Working Drawings may (i) affect the exterior appearance portion of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings in its sole discretion. Once Construction Documents shall be deemed approved by Landlord, the Final Working Drawings are the “Approved Working Drawings”.
Appears in 1 contract
Sources: Lease (Allogene Therapeutics, Inc.)
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the “Final Working Drawings”) and shall submit the same to Landlord for Landlord’s approval. Tenant shall supply Landlord with four (4) copies signed by Tenant of such Final Working Drawings. Landlord shall advise Tenant within five (5) business days after Landlord’s receipt of the Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. If Tenant is so advised, Tenant shall immediately revise the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith and resubmit them to Landlord. Landlord shall advise Tenant within five (5) business days after Landlord’s receipt of any revised Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. Notwithstanding anything to the contrary in this Section 3.3, Landlord shall not unreasonably withhold, condition or delay its approval all of the Final Working Drawings, either (i) approve the Final Working Drawings, (ii) approve the Final Working Drawings subject to specified conditions, which conditions must be stated in a reasonably clear and complete manner, and shall only be conditions reasonably intended to address a potential Design Problem, or (iii) disapprove and return the Construction Drawings to Tenant with requested revisions; provided, however, that to the extent that Landlord shall only disapprove such Final Working Drawings to the extent of a Design Problem. If Landlord disapproves the Final Working Drawings, Tenant may (i) affect resubmit the exterior appearance of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings to Landlord at any time, and Landlord shall approve or disapprove the resubmitted Final Working Drawings, based upon the criteria set forth in its sole discretionthis Section 3.3 , within three (3) business days after Landlord receives such resubmitted Final Working Drawings. Once approved by Landlord, Such procedure shall be repeated until the Final Working Drawings are the “Approved Working Drawings”approved.
Appears in 1 contract
Sources: Sublease (Dexcom Inc)
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “"Final Working Drawings” " (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the “"Final Working Drawings”") and shall submit the same to Landlord for Landlord’s 's approval, such approval not to be unreasonably withheld, conditioned or delayed. Tenant shall supply Landlord with four (4) hard copies signed by Tenant of the Final Working Drawings, and concurrently with Tenant's delivery of such hard copies, Tenant shall send to Landlord via electronic mail one (1) .pdf electronic copy of such Final Working Drawings. Landlord shall advise Tenant within five ten (510) business days after Landlord’s 's receipt of the Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect, Landlord’s approval of the Final Working Drawings not to be unreasonably withheld, conditioned or delayed. If Tenant is so advised, Tenant shall immediately revise the Final Working Drawings in accordance with such review review, and any disapproval of Landlord in connection therewith and resubmit them Tenant shall use good faith and commercially reasonable efforts to Landlord. Landlord shall advise Tenant within five (5) business days after Landlord’s receipt of any revised Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. Notwithstanding anything to the contrary in this Section 3.3, Landlord shall not unreasonably withhold, condition or delay its approval of the Final Working Drawings; provided, however, that to the extent that such Final Working Drawings may (i) affect the exterior appearance of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings in its sole discretion. Once approved by Landlord, have the Final Working Drawings are approved. In addition, if the “Approved Final Working Drawings”Drawings or any amendment thereof or supplement thereto shall require alterations in the Base Building (as contrasted with the Improvements), and if Landlord in its sole and exclusive discretion agrees to any such alterations, and notifies Tenant of the need and cost for such alterations, then Tenant shall pay the cost of such required changes in advance upon receipt of notice thereof. Tenant shall pay all direct architectural and/or engineering fees in connection therewith, plus fifteen percent (15%) of such direct costs for Landlord's servicing and overhead.
Appears in 1 contract
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord , and Tenant, Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the “Final Working Drawings”) and shall submit the same to Landlord for Landlord’s approval. The final Working Drawings may be submitted in more than one delivery (i.e., architectural/structural drawings in one submission, followed by “MEP” drawings as a separate submission). Tenant shall supply Landlord with four one AutoCAD file and two (42) hard copies signed by Tenant of such Final Working Drawings. Landlord shall advise Tenant within five ten (510) business days after Landlord’s receipt of the Final Working Drawings for the Premises if the same is unsatisfactory are approved, or, if the Final Working Drawings are not reasonably satisfactory or are incomplete in any respect, disapproved, in which event Landlord shall include in its notice of disapproval a reasonably detailed explanation as to which items are not satisfactory or complete and the reason(s) therefor. If Tenant is so advised, Tenant shall immediately revise the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith and therewith. If Landlord disapproves the Final Working Drawings, Tenant may resubmit them to Landlord. Landlord shall advise Tenant within five (5) business days after Landlord’s receipt of any revised the Final Working Drawings for to Landlord at any time, and Landlord shall approve or disapprove the Premises if resubmitted Final Working Drawings, based upon the same is unsatisfactory or incomplete in any respect. Notwithstanding anything to the contrary criteria set forth in this Section 3.3, within ten (10) Business Days after Landlord shall not unreasonably withhold, condition or delay its approval of the receives such resubmitted Final Working Drawings; provided, however, that to the extent that such Final Working Drawings may (i) affect the exterior appearance of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings in its sole discretion. Once approved by Landlord, Such procedure shall be repeated until the Final Working Drawings are approved. Notwithstanding the “Approved foregoing, Tenant may, at Tenant’s sole risk, submit Final Working Drawings”Drawings to applicable building departments for approval concurrently with its submission to Landlord for approval.
Appears in 1 contract
Sources: Office Lease (Airbnb, Inc.)
Final Working Drawings. After Following Landlord's approval of the Final Space Plan has been approved by LandlordPlans, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and cause Tenant, Tenant shall promptly cause the 's Architect and the Engineers to prepare and submit for Landlord's approval complete the architectural and engineering drawings for the Premisesdetailed construction plans and specifications, and Architect shall compile including a fully coordinated set of architectural, structural, mechanical, electrical electrical, plumbing, HVAC, life safety and plumbing sprinkler working drawings for the Tenant Improvement Work, in a form which is sufficiently complete to allow permit subcontractors to bid on the work and to obtain all applicable permits (collectively, the “"Final Working Drawings”) and shall submit the same to Landlord for Landlord’s approval"). Tenant shall supply furnish Landlord with four (4) copies signed by Tenant of such Final Working Drawings. Landlord shall advise Tenant within five (5) business days after Landlord’s receipt approve or disapprove of the Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. If Tenant is so advised, Tenant shall immediately revise the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith and resubmit them by giving written notice to Landlord. Landlord shall advise Tenant within five ten (510) business days after Landlord’s receipt of any revised Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respectthereof. Notwithstanding anything to the contrary in this Section 3.3, Landlord shall not unreasonably withhold, condition or delay its approval of the Final Working Drawings; provided, howeverprovided that, that without limiting the generality of the foregoing, Landlord shall be entitled to withhold its consent to the extent that such Final Working Drawings may (i) affect the exterior appearance for any of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Lawsreasons specified in Section 2.2 above, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings if in its sole discretion. Once approved by Landlord's good faith judgment, the Final Working Drawings are inconsistent with, or do not conform to, the “Space Plans. If Landlord disapproves the Final Working Drawings, Landlord shall return the Final Working Drawings to Tenant with a statement of Landlord's reasons for disapproval and specifying any required corrections or revisions. Landlord shall approve or disapprove of any such revisions to the Final Working Drawings within five (5) business days after receipt of such revisions. This procedure shall be repeated until Landlord approves the Final Working Drawings (as so approved, the "Approved Working Drawings”").
Appears in 1 contract
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. Title 24 calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “"Final Working Drawings” " (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings in a form which is sufficiently complete to allow subcontractors all of Tenant's Agents to bid on the work and to obtain all applicable permits (collectively, the “"Final Working Drawings”") and shall submit the same to Landlord for Landlord’s 's approval, which shall not be unreasonably withheld, conditioned, or delayed. Tenant shall supply Landlord with four (4) copies signed by Tenant of such Final Working Drawings. Landlord shall advise Tenant within five ten (510) business days after Landlord’s 's receipt of the Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. If Tenant is so advised, Tenant shall immediately revise promptly cause the Final Working Drawings to be revised in accordance with such review and any disapproval of Landlord in connection therewith therewith. If Landlord fails to respond to the Final Construction Documents within the ten (10) business day period set forth above, Tenant may send Landlord a notice setting forth such failure and resubmit them warning that a continuing failure to Landlordrespond may result in a "deemed approval" (the "Final Construction Documents Reminder Notice"). If Landlord shall advise Tenant fails to respond to the Final Construction Documents within five (5) business days after Landlord’s receipt of any revised Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. Notwithstanding anything to the contrary in this Section 3.3, Landlord shall not unreasonably withhold, condition or delay its approval of the Final Working Drawings; providedConstruction Documents Reminder Notice, however, that to the extent that such Final Working Drawings may (i) affect the exterior appearance portion of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings in its sole discretion. Once Construction Documents shall be deemed approved by Landlord, the Final Working Drawings are the “Approved Working Drawings”.
Appears in 1 contract
Sources: Lease (Allogene Therapeutics, Inc.)
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. Title 24 calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings in a form which is sufficiently complete to allow subcontractors all of Tenant’s Agents to bid on the work and to obtain all applicable permits (collectively, the “Final Working Drawings”) and shall submit the same to Landlord for Landlord’s approval, which shall not be unreasonably withheld, conditioned, or delayed. Tenant shall supply Landlord with four (4) copies signed by Tenant of such Final Working Drawings. Landlord shall advise Tenant within five ten (510) business days after Landlord’s receipt of the Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. If Tenant is so advised, Tenant shall immediately revise promptly cause the Final Working Drawings to be revised in accordance with such review and any disapproval of Landlord in connection therewith and resubmit them to Landlordtherewith. Landlord shall advise Tenant within five (5) business days after Landlord’s receipt In the event of any revised Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. Notwithstanding anything dispute relating to the contrary in this Section 3.3, Landlord shall not unreasonably withhold, condition or delay its approval of the Final Working Drawings; , the parties shall promptly meet and confer and negotiate in good faith to resolve the dispute. In addition, if the Final Working Drawings or any amendment thereof or supplement thereto shall require alterations in the Base Building (as contrasted with the Tenant Improvements), and if Landlord in its reasonable discretion agrees to any such alterations, and notifies Tenant of the need and cost for such alterations, then Tenant shall have the right to review and approve the cost thereof (which approval shall not be unreasonably withheld, conditioned or delayed), and shall pay the approved cost of such required changes once completed by Landlord (provided, however, that Tenant may use the Tenant Improvement Allowance to the extent that pay such Final Working Drawings may (i) affect the exterior appearance of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings in its sole discretion. Once approved by Landlord, the Final Working Drawings are the “Approved Working Drawings”cost).
Appears in 1 contract
Sources: Lease (Cytokinetics Inc)
Final Working Drawings. After Within thirty (30) days following Landlord’s approval of the Final Space Plan has been approved by LandlordPlans, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and cause Tenant, Tenant shall promptly cause the ’s Architect and the Engineers to prepare and submit for Landlord’s approval complete the architectural and engineering drawings for the Premisesdetailed construction plans and specifications, and Architect shall compile including a fully coordinated set of architectural, structural, mechanical, electrical electrical, plumbing, HVAC, life safety and plumbing sprinkler working drawings for the Tenant Improvement Work, in a form which is sufficiently complete to allow permit subcontractors to bid on the work and to obtain all applicable permits (collectively, the “Final Working Drawings”) and shall submit the same to Landlord for Landlord’s approval). Tenant shall supply furnish Landlord with four (4) copies signed by Tenant of such Final Working Drawings. Landlord shall advise approve or disapprove the Final Working Drawings by giving written notice to Tenant within five ten (510) business days after Landlord’s receipt of the Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respectthereof. If Tenant is so advised, Tenant shall immediately revise the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith and resubmit them to Landlord. Landlord shall advise Tenant within five (5) business days after Landlord’s receipt of any revised Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. Notwithstanding anything to the contrary in this Section 3.3, Landlord shall not unreasonably withhold, condition withhold or delay its approval of the Final Working Drawings; provided, howeverprovided that, that without limiting the generality of the foregoing, Landlord shall be entitled to withhold its consent to the extent that such Final Working Drawings may (i) affect the exterior appearance for any of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Lawsreasons specified in Section 3.2 above, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings if in its sole discretion. Once approved by Landlord’s good faith judgment, the Final Working Drawings are inconsistent with, or do not conform to, the Space Plans. If Landlord disapproves the Final Working Drawings, Landlord shall return the Final Working Drawings to Tenant with a statement of Landlord’s reasons for disapproval and/or specifying any required corrections or revisions. Landlord shall approve or disapprove of any such revisions to the Final Working Drawings within five (5) business days after receipt of such revisions. This procedure shall be repeated until Landlord approves the Final Working Drawings (as so approved, the “Approved Working Drawings”).
Appears in 1 contract
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. Title 24 calculations, electrical requirements and special electrical receptacle requirements for the Expansion Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the Expansion Premises, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings in a form which is sufficiently complete to allow subcontractors all of Tenant’s Agents to bid on the work and to obtain all applicable permits (collectively, the “Final Working Drawings”) and shall submit the same to Landlord for Landlord’s approval, which shall not be unreasonably withheld, conditioned, or delayed. Tenant shall supply Landlord with four (4) copies signed by Tenant of such Final Working Drawings. Landlord shall advise Tenant within five ten (510) business days after Landlord▇▇▇▇▇▇▇▇’s receipt of the Final Working Drawings for the Expansion Premises if the same is unsatisfactory or incomplete in any respect. If Tenant is so advised, Tenant shall immediately revise promptly cause the Final Working Drawings to be revised in accordance with such review and any disapproval of Landlord in connection therewith therewith. If Landlord fails to approve or disapprove the Final Working Drawings within such ten (10) business day period, then Tenant may send Landlord a reminder notice setting forth such failure (which reminder notice shall include a copy of such Final Working Drawings) and resubmit them containing the following sentence at the top of such notice in bold, capitalized font at least twelve (12) points in size: “LANDLORD’S FAILURE TO RESPOND TO THIS NOTICE WITHIN FIVE (5) BUSINESS DAYS SHALL RESULT IN LANDLORD’S DEEMED APPROVAL OF THE FINAL WORKING DRAWINGS” (the “Final Working Drawings Reminder Notice”). If Landlord fails to Landlord. Landlord shall advise Tenant respond with its approval or disapproval within five (5) business days after Landlord’s its receipt of any revised Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. Notwithstanding anything to the contrary in this Section 3.3, Landlord shall not unreasonably withhold, condition or delay its approval of the Final Working Drawings; provided, however, that to the extent that such Final Working Drawings may (i) affect the exterior appearance of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed the SpecificationsReminder Notice, then Landlord may grant or withhold its approval of such Final Working Drawings in its sole discretion. Once approved by Landlord, the Final Working Drawings are the “Approved Working Drawings”shall be deemed approved by Landlord.
Appears in 1 contract
Sources: Lease Agreement (BioAtla, Inc.)
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers Building Consultants with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers Building Consultants and the Architect to complete the “Final Working Drawings” Drawings (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings in a form which is sufficiently complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the “Final Working Drawings”) and shall submit the same to Landlord for Landlord’s approval, not to be unreasonably withheld, conditioned or delayed. Tenant shall supply Landlord with four (4) copies signed by Tenant of such Final Working Drawings, each signed by Architect and approved by Tenant. Landlord’s approval of Tenant’s Final Working Drawings shall not be unreasonably withheld, conditioned or delayed. Landlord shall advise Tenant within five (5) business days after Landlordrespond to Tenant’s receipt submission of the Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. If Tenant is so advised, Tenant shall immediately revise the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith and resubmit them to Landlord. Landlord shall advise Tenant within five ten (510) business days after following Tenant’s submission, and Landlord’s receipt of any revised failure to respond within such time shall be a Landlord Delay. If Landlord disapproves Tenant’s Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. Notwithstanding anything to the contrary in this Section 3.3Drawings, Landlord shall not unreasonably withholdspecify in reasonable detail, condition or delay its within such ten (10) business day period, the basis of such disapproval and the changes necessary to obtain Landlord’s approval of the Final Working Drawings; provided. Thereafter, however, that to the extent that such Tenant may revise and re-submit its draft Final Working Drawings may (i) affect the exterior appearance of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings in its sole discretion. Once approved by Landlord, which Landlord will review and respond to within ten (10) business days, and Landlord’s failure to respond within such time shall be a Landlord Delay. This process shall continue until the Final Working Drawings are the “Approved Working Drawings”have been approved in writing by Landlord.
Appears in 1 contract
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the subject Phase of the Premises, to enable the Engineers and the Architect to complete the “"Final Working Drawings” " (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the subject Phase of the Premises, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the “"Final Working Drawings”") and shall submit the same to Landlord for Landlord’s 's approval. Tenant shall supply Landlord with four (4) hard copies signed by Tenant of the Final Working Drawings, and concurrently with Tenant's delivery of such hard copies, Tenant shall send to Landlord via electronic mail one (1) .pdf electronic copy of such Final Working Drawings. Landlord shall advise Tenant within five ten (510) business days after Landlord’s 's receipt of the Final Working Drawings for the subject Phase of the Premises if the same is unsatisfactory or incomplete in any respect. If Tenant is so advised, Tenant shall immediately revise the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith therewith. If Landlord fails to notify Tenant of Landlord's approval or disapproval of any such Final Working Drawings within such ten (10) business day period, Tenant shall have the right to provide Landlord with a second written request for approval (a "Working Drawing Second Request") that specifically identifies the Final Working Drawings and resubmit them contains the following statement in bold and capital letters: "THIS IS A SECOND REQUEST FOR APPROVAL PURSUANT TO THE PROVISIONS OF SECTION 3.3 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 FINAL WORKING DRAWINGS." If Landlord fails to Landlord. Landlord shall advise Tenant respond to such Working Drawing Second Request within five (5) business days after Landlord’s receipt of any revised Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. Notwithstanding anything to the contrary in this Section 3.3, Landlord shall not unreasonably withhold, condition or delay its approval of the Final Working Drawings; provided, however, that to the extent that such Final Working Drawings may (i) affect the exterior appearance of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings in its sole discretion. Once approved by Landlord, the Final Working Drawings are in question shall be deemed approved by Landlord. Subject to Landlord's obligation to perform the “Approved Code Work, if the Final Working Drawings”Drawings or any amendment thereof or supplement thereto shall require alterations in the Base Building (as contrasted with the Improvements), and if Landlord in its sole and exclusive discretion agrees to any such alterations, and notifies Tenant of the need and cost for such alterations, then Tenant may elect to either: (i) value engineer the Final Working Drawings so as to reduce or eliminate such cost, or (ii) pay the cost of such required changes in advance upon receipt of notice thereof, and in either case Tenant shall pay all direct architectural and/or engineering fees in connection with such Base Building changes, plus five percent (5%) of such direct costs for Landlord's servicing and overhead.
Appears in 1 contract
Sources: Office Lease (Nektar Therapeutics)
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (which may be done by subspecialty if such subspecialty will be separately permitted by the City) (collectively, the “Final Working Drawings”) and shall submit the same to Landlord for Landlord’s approval. Tenant shall supply Landlord with four (4) copies signed by Tenant of such Final Working Drawings. Landlord shall advise Tenant shall, within five ten (510) business days after Landlord’s receipt of the Final Working Drawings, (i) approve the Final Working Drawings, (ii) approve the Final Working Drawings subject to specified conditions to be satisfied by Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 3.4, below, or (iii) disapprove the Premises if Final Working Drawings and return the same is unsatisfactory to Tenant with detailed requested revisions. If Landlord disapproves the Final Working Drawings, Tenant shall resubmit the Final Working Drawings to Landlord, and Landlord shall approve or incomplete in any respectdisapprove of the resubmitted Final Working Drawings (except that Landlord’s disapproval of the Final Working Drawings, as resubmitted, shall be final), within five (5) business days after Landlord receives such resubmitted Final Working Drawings. If Tenant is so advised, Tenant shall immediately revise the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith and resubmit them to Landlordtherewith. Landlord shall advise Tenant within five (5) business days after Landlord’s receipt of any revised Final Working Drawings for the Premises In addition, if the same is unsatisfactory or incomplete in any respect. Notwithstanding anything to the contrary in this Section 3.3, Landlord shall not unreasonably withhold, condition or delay its approval of the Final Working Drawings; provided, however, that to the extent that such Final Working Drawings may (i) affect the exterior appearance of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings in its sole discretion. Once approved by Landlord, the Final Working Drawings are or any amendment thereof or supplement thereto shall require alterations in the “Approved Working Drawings”Base Building (as contrasted with the Improvements), and if Landlord in its sole and exclusive discretion agrees to any such alterations, and notifies Tenant of the need and cost for such alterations, then Tenant shall pay, at its sole cost and expense, the cost of such required changes upon receipt of bills therefor.
Appears in 1 contract
Sources: Office Lease (Favrille Inc)
Final Working Drawings. After Based on the Final Space Plan has been approved by Preliminary Plans, Landlord shall cause Landlord, Tenant shall supply the Engineers with a complete listing of standard 's architect and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers engineer to complete the architectural and engineering drawings for the PremisesVertical Exhaust, and Architect shall cause the architect to compile a fully coordinated set of architectural, structural, mechanical, electrical structural and plumbing mechanical working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the “"Final Working Drawings”") and shall submit the same to Tenant for Tenant's approval, not to be unreasonably withheld. The Final Working Drawings shall incorporate modifications to the Preliminary Plans as necessary to comply with the structural and system requirements of the Building as well as changes required by applicable laws. Except for changes required by applicable laws, any material Landlord for Landlord’s modification to the Final Workings Drawings shall be subject to Tenant's reasonable approval, not to be unreasonably withheld. Tenant shall supply Landlord with four (4) copies signed by Tenant of such approve or reasonably disapprove the Final Working Drawings. Landlord shall advise Tenant Drawings within five (5) business days after Landlord’s receipt of Landlord delivers the same to Tenant or within three (3) business days after Landlord delivers any Final Working Drawing revisions thereto to Tenant; provided, however, that Tenant may only disapprove the Final Working Drawings for to the Premises if extent the same is unsatisfactory or incomplete are not in any respectsubstantial conformance with the Preliminary Plans. If Failure of Tenant is so advised, Tenant shall immediately revise to respond to Landlord before the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith and resubmit them to Landlord. Landlord shall advise Tenant within five (5) business days after Landlord’s receipt expiration of any revised Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. Notwithstanding anything to the contrary in this Section 3.3, Landlord such time periods set forth above shall not unreasonably withhold, condition or delay its be deemed Tenant's approval of the Final Working Drawings; provided, however, that to the extent that such . The Final Working Drawings Drawings, once approved (or deemed approved) by Tenant, may (i) affect be referred to herein as the exterior appearance of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings in its sole discretion. Once approved by Landlord, the Final Working Drawings are the “"Approved Working Drawings”."
Appears in 1 contract
Sources: Lease (Achaogen Inc)
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the “Final Working Drawings”) and shall submit the same to Landlord for Landlord’s approval. Tenant shall supply Landlord with four (4) copies signed by Tenant of such Final Working Drawings. Landlord shall advise Tenant within five (5) business days after Landlord’s receipt of all of the Final Working Drawings, either (i) approve the Final Working Drawings, (ii) approve the Final Working Drawings for subject to specified conditions, which conditions must be stated in a reasonably clear and complete manner, and shall only be conditions reasonably intended to address a potential Design Problem, or (iii) disapprove and return the Premises if Construction Drawings to Tenant with requested revisions; provided, however, Landlord shall only disapprove such Final Working Drawings to the same is unsatisfactory or incomplete in any respectextent of a Design Problem. If Tenant is so advisedLandlord disapproves the Final Working Drawings, Tenant shall immediately revise may resubmit the Final Working Drawings in accordance with such review to Landlord at any time, and any disapproval of Landlord in connection therewith and resubmit them to Landlord. Landlord shall advise Tenant within five (5) business days after Landlord’s receipt of any revised approve or disapprove the resubmitted Final Working Drawings for Drawings, based upon the Premises if the same is unsatisfactory or incomplete in any respect. Notwithstanding anything to the contrary criteria set forth in this Section 3.3, within three (3) business days after Landlord shall not unreasonably withhold, condition or delay its approval of the receives such resubmitted Final Working Drawings; provided, however, that to the extent that such Final Working Drawings may (i) affect the exterior appearance of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings in its sole discretion. Once approved by Landlord, Such procedure shall be repeated until the Final Working Drawings are the “Approved Working Drawings”approved.
Appears in 1 contract
Final Working Drawings. After (a) As soon as practicable after Tenant’s approval of the Final Approved Space Plan has been approved by LandlordPlan, Tenant shall supply cause the Engineers with a preparation and submit for Landlord’s approval complete listing of standard and non-standard equipment detailed construction plans and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the Premises, and Architect shall compile including a fully coordinated set of architectural, structural, mechanical, fire protection, electrical and plumbing working drawings for the Tenant Improvement Work, in a form which is sufficiently complete to allow permit subcontractors to bid on the work and to work, obtain all applicable permits required Permits (collectively, as hereinafter defined) and commence construction (the “Final Working Drawings”) and shall submit the same to Landlord for Landlord’s approval). Tenant shall supply furnish Landlord with four (4) copies signed by Tenant of such Final Working Drawings. Landlord shall advise Tenant within five (5) business days after Landlord’s receipt approve or disapprove of the Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. If Tenant is so advised, Tenant shall immediately revise the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith and resubmit them by giving written notice to Landlord. Landlord shall advise Tenant within five ten (510) business days after Landlord’s receipt of any revised Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. Notwithstanding anything to the contrary in this Section 3.3, thereof.
(b) Landlord shall not unreasonably withhold, condition withhold or delay its approval of the Final Working Drawings; provided, howeverprovided that, that without limiting the generality of the foregoing, Landlord shall be entitled to withhold its consent to the extent that such Final Working Drawings may if in Landlord’s good faith judgment, (i) any one or more of the following situations exist: (A) the proposed Tenant Improvements will adversely affect the exterior appearance of the BuildingProject; (B) the proposed Tenant Improvements may impair the structural strength of the Project, adversely affect the roof or any of the Building Systems or materially adversely affect the value of the Project; (C) the proposed Tenant Improvement Work would trigger the necessity under Governmental Requirements or otherwise for work to be performed outside the Premises; (D) the specifications for the proposed Tenant Improvements are not consistent with, or would detract from, the character or image of the Project; or (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings in its sole discretion. Once approved by Landlord, the Final Working Drawings are inconsistent with, or do not conform to, the Approved Space Plan.
(c) If Landlord disapproves the Final Working Drawings, Landlord shall return the Final Working Drawings to Tenant with a statement of Landlord’s reasons for disapproval and/or specifying any required corrections or revisions. Landlord shall approve or disapprove of any such revisions to the Final Working Drawings within five (5) business days after receipt of such revisions. This procedure shall be repeated until Landlord approves the Final Working Drawings (as so approved, the “Approved Working Drawings”).
(d) If Tenant’s proposed interior partitioning or other aspects of the Tenant Improvement Work will, in Landlord’s good faith judgment, require changes or alterations in any portion of the Building Systems outside of the Premises, and Landlord approves such changes or alterations, such changes or alterations shall be made at Tenant’s expense.
Appears in 1 contract
Sources: Lease (PortalPlayer, Inc.)
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers Building Consultants with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers Building Consultants and the Architect to complete the “Final Working Drawings” Drawings (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the “Final Working Drawings”) and shall submit the same to Landlord for Landlord’s approval, not to be unreasonably withheld, conditioned or delayed. Tenant shall supply Landlord with four (4) copies signed by Tenant of such Final Working Drawings, each signed by Architect and approved by Tenant. Landlord’s approval of Tenant’s Final Working Drawings shall not be unreasonably withheld, conditioned or delayed. Landlord shall advise Tenant within five (5) business days after Landlordrespond to Tenant’s receipt submission of the Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. If Tenant is so advised, Tenant shall immediately revise the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith and resubmit them to Landlord. Landlord shall advise Tenant within five ten (510) business days after Landlordfollowing Tenant’s receipt of any revised submission. If Landlord disapproves Tenant’s Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. Notwithstanding anything to the contrary in this Section 3.3Drawings, Landlord shall not unreasonably withholdspecify in reasonable detail, condition or delay its within such ten (10) business day period, the basis of such disapproval and the changes necessary to obtain Landlord’s approval of the Final Working Drawings; provided. Thereafter, however, that to the extent that such Tenant may revise and re-submit its draft Final Working Drawings may (i) affect the exterior appearance of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings in its sole discretion. Once approved by Landlord, which Landlord will review and respond to within ten (10) business days. This process shall continue until the Final Working Drawings are the “Approved Working Drawings”have been approved in writing by Landlord.
Appears in 1 contract
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers Design Professionals to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architecturalarchitectural and engineering drawings and specifications, structuralas applicable, mechanical, electrical and plumbing working drawings in a form which is complete for the Premises incorporating the level of detail (a) necessary for Tenant to allow general contractors and subcontractors to bid on the Tenant Improvement work and to obtain all applicable permits for the Tenant Improvements, (b) necessary for the Tenant Improvements to be constructed in compliance with all applicable Laws, and (c) consistent with plans, drawings and specifications used to construct tenant improvements in a Class A multi-tenant office buildings in the Central Perimeter Market of Atlanta, Georgia (collectively, the “Final Working Drawings”) "FINAL WORKING DRAWINGS"), and shall submit the same to Landlord for Landlord’s 's approval. Tenant shall supply Landlord with four (4) copies signed by Tenant of such Final Working Drawings. Landlord shall advise Tenant within ten (10) days after Landlord's receipt of the proposed Final Working Drawings if, in Landlord's reasonable discretion (except as provided below), the same are unsatisfactory or incomplete in any respect. Any notice of disapproval of the Final Working Drawings by Landlord shall include the reasons for Landlord's disapproval and a description of the revisions which would be required in order to obtain Landlord's approval. If Landlord fails to approve or disapprove (in any respect) Tenant's proposed Final Working Drawings within said ten (10) day period and thereafter (a) Tenant delivers written notice to Landlord expressly stating in bold-faced capitalized letters that Landlord must either approve or disapprove Tenant's proposed Final Working Drawings within five (5) business days after Landlord’s receipt following the date Landlord receives such notice and (b) within said five (5) business day period Landlord does not deliver written notice to Tenant of its approval or disapproval (in any respect) of Tenant's proposed Final Working Drawings, Landlord shall be deemed to have approved Tenant's proposed Final Working Drawings. If Landlord advises Tenant that the proposed Final Working Drawings for the Premises if the same is are unsatisfactory or incomplete in any respect. If Tenant is so advised, Tenant shall immediately promptly (i) revise the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith therewith, and resubmit them to Landlord. Landlord shall advise Tenant within five (5ii) business days after Landlord’s receipt of any deliver such revised Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respectto Landlord. Notwithstanding anything to the contrary in this Section 3.3herein, Landlord shall not unreasonably withhold, condition or delay may withhold its approval of the Final Working Drawings; provided, however, that to the extent that such any proposed Final Working Drawings in Landlord's sole and absolute discretion with respect to any aspect of the proposed Final Working Drawings that is inconsistent with the Final Space Plan or that may affect (ia) affect the exterior appearance structural elements or components of the Building, or (b) any mechanical (including HVAC), electrical, plumbing, life safety, or sprinkler systems in or serving the Premises or any other part of the Building, (iic) adversely affect the structural portions exterior of the Building, or (iiid) adversely affect the Building systems and equipment, (iv) unreasonably interfere with premises of any other occupant’s normal and customary office operation, tenant or occupant (vincluding Landlord) fail to comply with Applicable Laws, or (vi) fail to meet or exceed of the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings in its sole discretion. Once approved by Landlord, the Final Working Drawings are the “Approved Working Drawings”Building.
Appears in 1 contract
Sources: Lease (Crawford & Co)
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premisesapplicable portion of the Improvements, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the Premisesapplicable portion of the Improvements, and Architect shall compile a fully coordinated set of EXHIBIT B -4- SEQUENCE TECHNOLOGY CENTER [Expansion and Extension Amendment] [DexCom, Inc.] architectural, structural, mechanical, electrical and plumbing working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the “Final Working Drawings”) and shall submit the same to Landlord for Landlord’s approval. Tenant shall supply Landlord with four (4) copies signed by Tenant of such Final Working Drawings. Landlord shall advise Tenant shall, within five (5) business days after Landlord’s receipt of all of the Final Working Drawings, either (i) approve the Final Working Drawings, (ii) approve the Final Working Drawings for subject to specified conditions, which conditions must be stated in a reasonably clear and complete manner, and shall only be conditions reasonably intended to address a potential Design Problem, or (iii) disapprove and return the Premises if Construction Drawings to Tenant with requested revisions; provided, however, Landlord shall only disapprove such Final Working Drawings to the same is unsatisfactory or incomplete in any respectextent of a Design Problem. If Tenant is so advisedLandlord disapproves the Final Working Drawings, Tenant shall immediately revise may resubmit the Final Working Drawings in accordance with such review to Landlord at any time, and any disapproval of Landlord in connection therewith and resubmit them to Landlord. Landlord shall advise Tenant within five (5) business days after Landlord’s receipt of any revised approve or disapprove the resubmitted Final Working Drawings for Drawings, based upon the Premises if the same is unsatisfactory or incomplete in any respect. Notwithstanding anything to the contrary criteria set forth in this Section 3.3, within three (3) business days after Landlord shall not unreasonably withhold, condition or delay its approval of the receives such resubmitted Final Working Drawings; provided, however, that to the extent that such Final Working Drawings may (i) affect the exterior appearance of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings in its sole discretion. Once approved by Landlord, Such procedure shall be repeated until the Final Working Drawings are the “Approved Working Drawings”approved.
Appears in 1 contract
Sources: Office Lease (Dexcom Inc)
Final Working Drawings. After the Final Space Plan has been approved by LandlordLandlord and Tenant, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the “Final Working Drawings”) and shall submit the same to Landlord for Landlord’s approval, which shall not be unreasonably withheld, conditioned or delayed. The Final Working Drawings may be submitted in more than one delivery (i.e., architectural/structural drawings in one submission, followed by “MEP” drawings as a separate submission). Tenant shall supply Landlord with four one (41) AutoCAD file and two (2) hard copies signed by Tenant of such the Final Working Drawings. Landlord shall advise Tenant within five seven (57) business days after Landlord’s receipt of the Final Working Drawings for the Premises if the same is unsatisfactory are approved, or, if the Final Working Drawings are not reasonably satisfactory or are incomplete in any respect, disapproved, in which event Landlord shall include in its notice of disapproval a reasonably detailed explanation as to which items are not satisfactory or complete and the reason(s) therefor. If Tenant is so advised, Tenant shall immediately revise the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith and resubmit them to Landlord. Landlord shall advise Tenant within five (5) business days after Landlord’s receipt of any revised Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. Notwithstanding anything to the contrary in this Section 3.3, Landlord shall not unreasonably withhold, condition or delay its approval of the Final Working Drawings; provided, however, advised that to the extent that such Final Working Drawings may (i) affect the exterior appearance of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings in its sole discretion. Once approved by Landlord, the Final Working Drawings are not satisfactory or are in complete, representatives of both parties shall promptly make themselves available to discuss and resolve any such comments or revisions, and such documents shall promptly be revised by Tenant to incorporate any agreed-upon changes. In the “Approved event the parties cannot reach agreement and resolve all disputed matters relating to any such documents, the parties shall promptly meet and confer and negotiate in good faith to reach agreement on any disputed matters. Such procedure shall be repeated until the Final Working Drawings”Drawings are approved. Notwithstanding the foregoing, Tenant may, at Tenant’s sole risk, submit Final Working Drawings to applicable building departments for approval concurrently with its submission to Landlord for approval.
Appears in 1 contract
Sources: Lease (Proofpoint Inc)
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “"Final Working Drawings” " (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the “"Final Working Drawings”") and shall submit the same to Landlord for Landlord’s 's approval. Tenant shall supply Landlord with four (4) hard copies signed by Tenant of the Final Working Drawings, and concurrently with Tenant's delivery of such hard copies, Tenant shall send to Landlord via electronic mail one (1) .pdf electronic copy of such Final Working Drawings. Landlord shall advise Tenant within five (5) business days after Landlord’s 's receipt of all of the Final Working Drawings, either (i) approve the Final Working Drawings, (ii) approve the Final Working Drawings subject to specified conditions, which conditions must be stated in a reasonably clear and complete manner, and shall only be conditions reasonably intended to address a potential Design Problem, or (iii) disapprove and return the Construction Drawings to Tenant with requested revisions; provided, however, Landlord shall only disapprove such Final Working Drawings to the extent of a Design Problem. If Landlord disapproves the Final Working Drawings, Tenant may resubmit the Final Working Drawings to Landlord at any time, and Landlord shall approve or disapprove the resubmitted Final Working Drawings, based upon the criteria set forth in this Section 3.3, within three (3) business days after Landlord receives such resubmitted Final Working Drawings. Such procedure shall be repeated until the Final Working Drawings are approved. If Landlord has not timely approved the Final Working Drawings within the applicable time period set forth above, Tenant shall have the right to send a "reminder notice" to Landlord, which conspicuously indicates that Landlord's continued failure to respond may result in the deemed approval of the Final Working Drawings for most recently delivered to Landlord (which notice shall be delivered to Landlord pursuant to the terms of the Lease, shall clearly state the following in bold: "LANDLORD'S FAILURE TO RESPOND WITHIN THREE (3) BUSINESS DAYS SHALL RESULT IN THE DEEMED APPROVAL OF THE FINAL WORKING DRAWINGS," and shall also be sent via electronic 712812.03/WLA 214064-00120/9-26-13/gjn/gjn -6- ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇ [Second Amendment/Substitute Premises if Amendment] [Entropic Communications, Inc.] mail to the same is unsatisfactory or incomplete Landlord's representative set forth in any respectSection 5.2 below). If Landlord fails to respond to Tenant is so advised, Tenant shall immediately revise regarding the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith and resubmit them to Landlord. Landlord shall advise Tenant within five three (53) business days after Landlord’s its receipt of any revised the reminder notice identified in the preceding sentence, then the Final Working Drawings for the Premises if the same is unsatisfactory or incomplete shall be deemed to have been approved by Landlord; provided, however, in any respect. Notwithstanding anything no event shall such "deemed approval" occur to the contrary extent the parties are in this Section 3.3, Landlord shall not unreasonably withhold, condition or delay its approval discussions regarding the nature of the Final Working Drawings; provided, however, that to the extent that such Final Working Drawings may (i) affect the exterior appearance of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings in its sole discretion. Once approved by Landlord, the Final Working Drawings are details contained therein or the “Approved Working Drawings”specifications pertaining thereto.
Appears in 1 contract
Final Working Drawings. After Promptly after the Final Space Plan has been approved by LandlordLandlord and Tenant, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “"Final Working Drawings” " (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall (i) promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the Premises, and (ii) promptly cause the Architect shall to compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the “"Final Working Drawings”"), and (iii) and shall on or before the date set forth in Schedule 2 attached to this Work Letter, submit the same to Landlord for Landlord’s 's approval. Tenant shall supply Landlord with four (4) hard copies signed by Tenant of the Final Working Drawings, and concurrently with Tenant's delivery of such hard copies, Tenant shall send to Landlord via electronic mail one (1) .pdf electronic copy of such Final Working Drawings. Landlord shall advise Tenant within ten (10) business days after Landlord's receipt of the Final Working Drawings for the Premises if the same are unsatisfactory or incomplete in any respect. If Tenant is so advised, Tenant shall, within seven (7) business days of Tenant’s receipt of Landlord’s notice thereof, revise the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith. The foregoing process shall be continued until the Final Working Drawings have been approved by Landlord, provided that Tenant shall resubmit revised Final Working Drawings to Landlord within five (5) business days following receipt of Landlord’s notice of deficiencies or other shortcomings, and Landlord shall advise Tenant within five (5) business days after Landlord’s receipt of the revised Final Working Drawings for the Premises from Tenant if the same is are unsatisfactory or incomplete in any additional respect. If Tenant is so advisedIn addition, Tenant shall immediately revise if the Final Working Drawings in accordance with such review or any amendment thereof or supplement thereto shall require Base Building Work, and any disapproval of if Landlord in connection therewith and resubmit them to Landlord. Landlord shall advise Tenant within five (5) business days after Landlord’s receipt of any revised Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. Notwithstanding anything to the contrary in this Section 3.3, Landlord shall not unreasonably withhold, condition or delay its approval of the Final Working Drawings; provided, however, that to the extent that such Final Working Drawings may (i) affect the exterior appearance of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings in its sole discretionand exclusive discretion agrees to any such alterations of the Base Building, and notifies Tenant of the need and cost for such Base Building Work, then Tenant shall pay the cost of such required Base Building Work in advance upon receipt of notice thereof. Once approved by The cost for the Base Building Work shall include, without limitation, all direct architectural and/or engineering fees in connection therewith, plus ten percent (10%) of such direct costs for Landlord, the Final Working Drawings are the “Approved Working Drawings”'s servicing and overhead.
Appears in 1 contract
Sources: Office Lease (Retrophin, Inc.)
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant Lessor and its architect and engineers shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing . The final architectural working drawings shall be in a form which is complete to allow subcontractors to bid on the work Premises Work and to obtain all applicable permits (collectively, the “Final Working Drawings”) and shall submit the same to Landlord County for LandlordCounty’s approval, such approval not to be unreasonably withheld, conditioned or delayed. Tenant County shall supply Landlord with four (4) copies signed by Tenant of such Final Working Drawings. Landlord shall advise Tenant within five (5) business days after Landlord’s receipt approve or reasonably disapprove any draft of the Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. If Tenant is so advised, Tenant shall immediately revise the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith and resubmit them to Landlord. Landlord shall advise Tenant within five seven (57) business days after LandlordCounty’s receipt of any revised Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. Notwithstanding anything to the contrary in this Section 3.3, Landlord shall not unreasonably withhold, condition or delay its approval of the Final Working Drawingsthereof; provided, however, that (i) County shall not be entitled to disapprove any portion, component or aspect of the extent that such Final Working Drawings may which are consistent with the Final Space Plan unless (ia) affect County agrees to pay for the exterior appearance additional cost (if any) resulting from such change in the Final Space Plan as part of the Buildingover-allowance amount pursuant to Section 2 below, and (b) County agrees that any such delays caused by such change(s) shall be deemed a delay caused by the County for all purposes of this Work Letter and the Lease, and (ii) adversely affect the structural portions any disapproval of the Building, Final Working Drawings by County shall be accompanied by a detailed written explanation of the reasons for County’s disapproval. Failure of County to reasonably disapprove any draft of the Final Working Drawings within said seven (iii7) adversely affect business day period shall be deemed to constitute County’s approval thereof. This process shall be repeated until the Building systems and equipment, Final Working Drawings have been approved; it being agreed that County’s right to raise objections (ivfollowing County’s DocuSign Envelope ID: 9A52F253-B5A9-4D62-B680-9723CDF6563B initial objections to ▇▇▇▇▇▇’s first submission of the Final Working Drawings) unreasonably interfere with any other occupant’s normal and customary office operation, shall be limited to (va) fail the revisions made to comply with Applicable Laws, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval previous submission of such the Final Working Drawings in its sole discretion. Once approved by Landlord, order to address County’s prior objections or changes which are derivative of changes resulting from such prior objections and/or (b) revisions to design elements not previously a part of the Final Working Drawings are previously submitted to County. The Final Working Drawings, as approved by Lessor and County, may be referred to herein as the “Approved Working Drawings.” County shall make no changes or modifications to the Final Space Plan or the Approved Working Drawings without the prior written consent of Lessor, which consent may be withheld in Lessor’s sole discretion if such change or modification would directly or indirectly delay the Substantial Completion of the Work or increase the cost of designing or constructing the Work. Lessor shall promptly submit the Approved Working Drawings to the appropriate municipal authorities for all applicable building permits necessary to allow Contractor as that term is defined in Section 3, below, to commence and fully complete the construction of the Work (the “Permits”). County shall cooperate with Lessor in promptly executing permit applications and performing other ministerial acts reasonably necessary to enable Lessor to obtain any such permit or certificate of occupancy. No changes, modifications or alterations in the Approved Working Drawings may be made without the prior written consent of Lessor, provided that Lessor may withhold its consent, in its sole discretion, to any change in the Approved Working Drawings if such change would directly or indirectly delay the Substantial Completion of the Premises Work.
Appears in 1 contract
Sources: Lease Agreement
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. Title 24 calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “"Final Working Drawings” " (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings in a form which is sufficiently complete to allow subcontractors all of Tenant's Agents to bid on the work and to obtain all applicable permits (collectively, the “"Final Working Drawings”") and shall submit the same to Landlord for Landlord’s 's approval, which shall not be unreasonably withheld, conditioned, or delayed. Tenant shall supply Landlord with four (4) copies signed by Tenant of such Final Working Drawings. Landlord shall advise Tenant within five ten (510) business days after Landlord’s 's receipt of the Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. If Tenant is so advised, Tenant shall immediately revise promptly cause the Final Working Drawings to be revised in accordance with such review and any disapproval of Landlord in connection therewith and resubmit them therewith. If Landlord fails to Landlordrespond to the Final Working Drawings within the ten (10) business day period set forth above, Tenant may send Landlord a reminder notice setting forth such failure containing the following sentence at the top of such notice in bold, capitalized font at least twelve (12) points in size: “LANDLORD'S FAILURE TO RESPOND TO THIS NOTICE WITHIN FIVE (5) BUSINESS DAYS SHALL RESULT IN LANDLORD'S DEEMED APPROVAL OF TENANT'S FINAL WORKING DRAWINGS” (the "Final Working Drawings Reminder Notice"). Any such Final Working Drawings Reminder Notice shall include a complete copy of the Final Working Drawings. If Landlord shall advise Tenant fails to respond within five (5) business days after Landlord’s receipt of any revised a Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. Notwithstanding anything to the contrary in this Section 3.3, Landlord shall not unreasonably withhold, condition or delay its approval of the Final Working Drawings; provided, however, that to the extent that such Final Working Drawings may (i) affect the exterior appearance of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed the SpecificationsReminder Notice, then Landlord may grant or withhold its approval of such Final Working Drawings in its sole discretion. Once approved by Landlord, the Final Working Drawings are the “Approved Working Drawings”shall be deemed approved by Landlord.
Appears in 1 contract
Sources: Lease (Revolution Medicines, Inc.)
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premisesapplicable portion of the Improvements, to enable the Engineers and the Architect to complete the “"Final Working Drawings” " (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the Premisesapplicable portion of the Improvements, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the “"Final Working Drawings”") and shall submit the same to Landlord for Landlord’s 's approval. Tenant shall EXHIBIT B -6- SEQUENCE TECHNOLOGY CENTER [Expansion and Extension Amendment] [DexCom, Inc.] supply Landlord with four (4) copies signed by Tenant of such Final Working Drawings. Landlord shall advise Tenant shall, within five (5) business days after Landlord’s 's receipt of all of the Final Working Drawings for Drawings, either (i) approve the Premises if the same is unsatisfactory or incomplete in any respect. If Tenant is so advisedFinal Working Drawings, Tenant shall immediately revise (ii) approve the Final Working Drawings subject to specified conditions, which conditions must be stated in accordance a reasonably clear and complete manner, and shall only be conditions reasonably intended to address a potential Design Problem, or (iii) disapprove and return the Construction Drawings to Tenant with such review and any disapproval of Landlord in connection therewith and resubmit them to Landlord. requested revisions; provided, however, Landlord shall advise Tenant within five (5) business days after Landlord’s receipt of any revised only disapprove such Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. Notwithstanding anything to the contrary extent of a Design Problem. If Landlord disapproves the Final Working Drawings, Tenant may resubmit the Final Working Drawings to Landlord at any time, and Landlord shall approve or disapprove the resubmitted Final Working Drawings, based upon the criteria set forth in this Section 3.3, within three (3) business days after Landlord shall not unreasonably withhold, condition or delay its approval of the receives such resubmitted Final Working Drawings; provided, however, that to the extent that such Final Working Drawings may (i) affect the exterior appearance of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings in its sole discretion. Once approved by Landlord, Such procedure shall be repeated until the Final Working Drawings are the “Approved Working Drawings”approved.
Appears in 1 contract
Sources: Office Lease (Dexcom Inc)
Final Working Drawings. After Following Landlord’s approval of the Final Space Plan has been approved by LandlordPlans, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and cause Tenant, Tenant shall promptly cause the ’s Architect and the Engineers to prepare and submit for Landlord’s approval complete the architectural and engineering drawings for the Premisesdetailed construction plans and specifications, and Architect shall compile including a fully coordinated set of architectural, structural, mechanical, electrical electrical, plumbing, HVAC, life safety and plumbing sprinkler working drawings for the Tenant Improvement Work, in a form which is sufficiently complete to allow permit subcontractors to bid on the work and to obtain all applicable permits (collectively, the “Final Working Drawings”) and shall submit the same to Landlord for Landlord’s approval). Tenant shall supply furnish Landlord with four (4) copies signed by Tenant of such Final Working Drawings. Landlord shall advise Tenant within five (5) business days after Landlord’s receipt approve or disapprove of the Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. If Tenant is so advised, Tenant shall immediately revise the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith and resubmit them by giving written notice to Landlord. Landlord shall advise Tenant within five (5) 5 business days after Landlord’s receipt of any revised Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respectthereof. Notwithstanding anything to the contrary in this Section 3.3, Landlord shall not unreasonably withhold, condition condition, or delay its approval of the Final Working Drawings; provided, howeverprovided that, that to without limiting the extent that such Final Working Drawings may (i) affect the exterior appearance generality of the Buildingforegoing, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail Landlord shall be entitled to comply with Applicable Laws, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings in its sole discretion. Once approved by Landlord, consent to the Final Working Drawings for any of the reasons specified in Section 2.2 above. In addition, the Landlord shall have the right to approve (in Landlord’s reasonable, good faith judgment) any portion of the Final Working Drawings that are materially inconsistent with, or do not materially conform to, the Space Plans. If Landlord disapproves the Final Working Drawings, Landlord shall return the Final Working Drawings to Tenant with a statement of Landlord’s reasons for disapproval and/or specifying any required corrections or revisions. Landlord shall approve or disapprove of any such revisions to the Final Working Drawings within seven (7) business days after receipt of such revisions. This procedure shall be repeated until Landlord approves the Final Working Drawings (as so approved, the “Approved Working Drawings”). ▇▇▇▇▇▇▇▇ acknowledges and agrees that the Tenant Improvements may include, without limitation, the installation of a gas pad and central utility plant and, subject to Landlord’s approval of final plans therefor, hereby consents to such improvements.
Appears in 1 contract
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and cause Tenant, Tenant shall promptly cause the 's Architect and the Engineers to prepare and submit for Landlord's approval complete the architectural and engineering drawings for the Premisesdetailed construction plans and specifications, and Architect shall compile including a fully coordinated set of architectural, structural, mechanical, fire protection, electrical and plumbing working drawings for the Tenant Improvement Work, in a form which is sufficiently complete to allow permit subcontractors to bid on the work and to work, obtain all applicable permits required Permits (collectively, as hereinafter defined) and commence construction (the “"Final Working Drawings”) and shall submit the same to Landlord for Landlord’s approval"). Tenant shall supply furnish Landlord with four (4) copies signed by Tenant of such Final Working Drawings. Landlord shall advise Tenant within five (5) business days after Landlord’s receipt approve or disapprove of the Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. If Tenant is so advised, Tenant shall immediately revise the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith and resubmit them by giving written notice to Landlord. Landlord shall advise Tenant within five seven (57) business days after Landlord’s receipt of any revised Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respectthereof. Notwithstanding anything to the contrary in this Section 3.3, Landlord shall not unreasonably withhold, condition withhold or delay its approval of the Final Working Drawings; provided, howeverprovided that, that without limiting the generality of the foregoing, Landlord shall be entitled to withhold its consent to the extent that such Final Working Drawings may (i) affect the exterior appearance for any of the Building, reasons specified in clauses (iia) adversely affect the structural portions through (e) of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable LawsSection 3.2 above, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings if in its sole discretion. Once approved by Landlord's good faith judgment, the Final Working Drawings are inconsistent with, or do not conform to, the “Space Plans. If Landlord disapproves the Final Working Drawings, Landlord shall return the Final Working Drawings to Tenant with a statement of Landlord's reasons for disapproval and/or specifying any required corrections or revisions. Landlord shall approve or disapprove of any such revisions to the Final Working Drawings within five (5) business days after receipt of such revisions. This procedure shall be repeated until Landlord approves the Final Working Drawings (as so approved, the "Approved Working Drawings”").
Appears in 1 contract
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, fire-suppression system requirements, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “"Final Working Drawings” " (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the “"Final Working Drawings”") and shall submit the same to Landlord for Landlord’s 's approval. Tenant shall supply Landlord with four (4) copies signed by Tenant of such Final Working Drawings. Such Final Working Drawings shall be approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed; provided, however, it shall be deemed reasonable for Landlord to withhold its consent to any proposed Tenant Improvements or aspect of the Final Working Drawings in the event the same causes a Design Problem. Landlord shall advise Tenant within five ten (510) business days after Landlord’s 's receipt of the Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. If Tenant is so advised, Tenant shall immediately revise the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith and resubmit them to Landlordtherewith. Landlord shall advise Tenant within five (5) business days after Landlord’s receipt of any revised Final Working Drawings for the Premises In addition, if the same is unsatisfactory or incomplete in any respect. Notwithstanding anything to the contrary in this Section 3.3, Landlord shall not unreasonably withhold, condition or delay its approval of the Final Working Drawings; provided, however, that to the extent that such Final Working Drawings may (i) affect the exterior appearance of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings in its sole discretion. Once approved by Landlord, the Final Working Drawings or any amendment thereof or supplement thereto shall require alterations in the Base Building (as contrasted with the Tenant Improvements), and such alterations are not required to comply with changes to the “Approved Working Drawings”Code that become effective after the date of this Work Letter and if Landlord in its sole and exclusive discretion agrees to any such alterations, and notifies Tenant of the need and cost for such alterations, then (i) Tenant shall pay the cost of such required changes in advance upon receipt of notice thereof, and (ii) Tenant shall pay all direct architectural and/or engineering fees in connection therewith.
Appears in 1 contract
Sources: Lease (Veeco Instruments Inc)
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. Title 24 calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “"Final Working Drawings” " (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings in a form which is sufficiently complete to allow subcontractors all of Tenant's Agents to bid on the work and to obtain all applicable permits (collectively, the “"Final Working Drawings”") and shall submit the same to Landlord for Landlord’s 's approval, which shall not be unreasonably withheld, conditioned, or delayed. Tenant shall supply Landlord with four (4) copies signed by Tenant of such Final Working Drawings. Landlord shall advise Tenant within five ten (510) business days after Landlord’s 's receipt of the Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect, which notification shall include a reasonably detailed explanation of such determination by Landlord. If Tenant is so advised, Tenant shall immediately revise promptly cause the Final Working Drawings to be revised in accordance with such review and any disapproval of Landlord in connection therewith and resubmit them therewith. If Landlord fails to Landlordrespond to the Final Working Drawings within the ten (10) business day period set forth above, Tenant may send Landlord a reminder notice setting forth such failure containing the following sentence at the top of such notice in bold, capitalized font at least twelve (12) points in size: “LANDLORD'S FAILURE TO RESPOND TO THIS NOTICE WITHIN FIVE (5) BUSINESS DAYS SHALL RESULT IN LANDLORD'S DEEMED APPROVAL OF TENANT'S FINAL WORKING DRAWINGS” (the "Final Working Drawings Reminder Notice"). Any such Final Working Drawings Reminder Notice shall include a complete copy of the Final Working Drawings. If Landlord shall advise Tenant fails to respond within five (5) business days after Landlord’s receipt of any revised a Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. Notwithstanding anything to the contrary in this Section 3.3, Landlord shall not unreasonably withhold, condition or delay its approval of the Final Working Drawings; provided, however, that to the extent that such Final Working Drawings may (i) affect the exterior appearance of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed the SpecificationsReminder Notice, then Landlord may grant or withhold its approval of such Final Working Drawings in its sole discretion. Once approved by Landlord, the Final Working Drawings are the “Approved Working Drawings”shall be deemed approved by Landlord.
Appears in 1 contract
Sources: Lease (Nkarta, Inc.)
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant Lessor and its architect and engineers shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing . The final architectural working drawings shall be in a form which is complete to allow subcontractors to bid on the work Work and to obtain all applicable permits (collectively, the “Final Working Drawings”) and shall submit the same to Landlord County for LandlordCounty’s approval, such approval not to be unreasonably withheld, conditioned or delayed. Tenant County shall supply Landlord with four (4) copies signed by Tenant of such Final Working Drawings. Landlord shall advise Tenant within five (5) business days after Landlord’s receipt approve or reasonably disapprove any draft of the Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. If Tenant is so advised, Tenant shall immediately revise the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith and resubmit them to Landlord. Landlord shall advise Tenant within five seven (57) business days after LandlordCounty’s receipt of any revised Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. Notwithstanding anything to the contrary in this Section 3.3, Landlord shall not unreasonably withhold, condition or delay its approval of the Final Working Drawingsthereof; provided, however, that (i) County shall not be entitled to disapprove any portion, component or aspect of the extent that such Final Working Drawings may which are consistent with the Final Space Plan unless (ia) affect County agrees to pay for the exterior appearance additional cost (if any) resulting from such change in the Final Space Plan as part of the Buildingover-allowance amount pursuant to Section 2 below, and (b) County agrees that any such delays caused by such change(s) shall be deemed a delay caused by the County for all purposes of this Work Letter, Schedule 1 attached hereto and the Lease, and (ii) adversely affect the structural portions any disapproval of the Building, Final Working Drawings by County shall be accompanied by a detailed written explanation of the reasons for County’s disapproval. Failure of County to reasonably disapprove any draft of the Final Working Drawings within said seven (iii7) adversely affect business day period shall be deemed to constitute County’s approval thereof. This process shall be repeated until the Building systems and equipment, Final Working Drawings have been approved; it being agreed that County’s right to raise objections (ivfollowing County’s initial objections to Lessor’s first submission of the Final Working Drawings) unreasonably interfere with any other occupant’s normal and customary office operation, shall be limited to (va) fail the revisions made to comply with Applicable Laws, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval previous submission of such the Final Working Drawings in its sole discretion. Once approved by Landlord, order to address County’s prior objections or changes which are derivative of changes resulting from such prior objections and/or (b) revisions to design elements not previously a part of the Final Working Drawings are previously submitted to County. The Final Working Drawings, as approved by Lessor and County, may be referred to herein as the “Approved Working Drawings.” County shall make no changes or modifications to the Final Space Plan or the Approved Working Drawings without the prior written consent of Lessor, which consent may be withheld in Lessor’s sole discretion if such change or modification would directly or indirectly delay the Substantial Completion of the Work or increase the cost of designing or constructing the Work. Lessor shall promptly submit the Approved Working Drawings to the appropriate municipal authorities for all applicable building permits necessary to allow Contractor as that term is defined in Section 3, below, to commence and fully complete the construction of the Work (the “Permits”). County shall cooperate with Lessor in promptly executing permit applications and performing other ministerial acts reasonably necessary to enable Lessor to obtain any such permit or certificate of occupancy. No changes, modifications or alterations in the Approved Working Drawings may be made without the prior written consent of Lessor, provided that Lessor may withhold its consent, in its sole discretion, to any change in the Approved Working Drawings if such change would directly or indirectly delay the Substantial Completion of the Work.
Appears in 1 contract
Sources: Lease Agreement
Final Working Drawings. After Based upon the Final Space Plan has been approved by Landlord (and any conditions of approval thereof imposed by Landlord), Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the after Landlord’s approval of the Final Space Plan by Landlord and TenantPlan, Tenant shall promptly cause the Tenant’s Architect and the Engineers to complete the and deliver to Landlord for Landlord’s approval four (4) copies of complete fully coordinated architectural and engineering drawings for (to the Premises, and Architect shall compile a fully coordinated set of architectural, extent required) structural, mechanical, electrical and plumbing working drawings and specifications for the Tenant Improvements in a form which is sufficiently complete to allow all subcontractors to bid on the work shown therein and to obtain all applicable permits Permits (defined below) (collectively, the “Final Working Drawings”). Landlord shall, within ten (10) Business Days after Landlord receives the Final Working Drawings, either (i) approve the Final Working Drawings, (ii) approve the Final Working Drawings subject to specified conditions to be satisfied by Tenant prior to submission of the same by Tenant for the Permits, or (iii) disapprove and shall submit return the same to Landlord for Tenant with the changes required to be made to the Final Working Drawings in order to correct any problem on which Landlord’s approvaldisapproval shall be based and shall return the Final Working Drawings to Tenant. Tenant shall supply If Landlord with four (4) copies signed by Tenant of such disapproves the Final Working Drawings. Landlord shall advise Tenant , within five (5) business days after Landlord’s Business Days of receipt of the Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. If Tenant is so advisedsuch disapproval, Tenant shall immediately revise the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith and resubmit them make all changes thereto required to Landlord. Landlord shall advise Tenant within five (5) business days after satisfy Landlord’s receipt of any revised Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. Notwithstanding anything required revisions and shall resubmit to the contrary in this Section 3.3, Landlord shall not unreasonably withhold, condition or delay its approval of the such Final Working Drawings; provided, however, that with the foregoing procedure to the extent that such Final Working Drawings may (i) affect the exterior appearance of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings in its sole discretion. Once approved by Landlord, be repeated until the Final Working Drawings are ultimately approved by Landlord (as so approved, the “Approved Working Drawings”). The Approved Working Drawings and all parts or components thereof are sometimes referred to herein as the “Construction Drawings.”
Appears in 1 contract
Final Working Drawings. After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the applicable Suite or the Original Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for applicable Suite or the Original Premises, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the “Final Working Drawings”) and shall submit the same to Landlord for Landlord’s approval. Tenant shall supply Landlord with four (4) copies signed by Tenant of such Final Working Drawings. Landlord shall advise Tenant within five ten (510) business days after Landlord’s receipt of the Final Working Drawings for applicable Suite or the Original Premises if the same is unsatisfactory or incomplete in any respect. If Tenant is so advised, Tenant shall immediately revise promptly cause the Final Working Drawings to be revised in accordance with such review and any reasonable disapproval of Landlord in connection therewith and resubmit them to Landlord. , and Landlord shall advise Tenant within five (5) business days after Landlord’s receipt of any revised Final Working Drawings for the Premises such resubmittal if the same is unsatisfactory or incomplete complete in any respect. Notwithstanding anything Failure of Landlord to the contrary respond to Tenant in writing within any five business day period provided in this Section 3.3, Landlord 3.3 shall not unreasonably withhold, condition or delay its be deemed Landlord’s approval of the Final Working Drawings; providedDrawings (or revision to same, however, that to the extent that such Final Working Drawings may (ias applicable) affect the exterior appearance of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupantsubmitted by Tenant. The foregoing process shall be repeated until Landlord’s normal and customary office operation, (v) fail to comply with Applicable Laws, approval or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its deemed approval of such Final Working Drawings in its sole discretion. Once approved by Landlord, the Final Working Drawings are the “Approved Working Drawings”occurs.
Appears in 1 contract
Sources: Office Lease (Docusign Inc)
Final Working Drawings. After the Final Space Plan has been approved by LandlordFLUC, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Suite 100 Expansion Premises, to enable the Engineers and the Architect to complete the “"Final Working Drawings” " (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord FLUC and Tenant, Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the Suite 100 Expansion Premises, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the “"Final Working Drawings”") and shall submit the same to Landlord FLUC for Landlord’s FLUC's approval, such approval not to be unreasonably withheld, conditioned or delayed. Tenant shall supply Landlord FLUC with four (4) hard copies signed by Tenant of the Final Working Drawings, and concurrently with Tenant's delivery of such hard copies, Tenant shall send to FLUC via electronic mail one (1) .pdf electronic copy of such Final Working Drawings. Landlord FLUC shall advise Tenant within five ten (510) business days after Landlord’s FLUC's receipt of the Final Working Drawings for the Suite 100 Expansion Premises if the same is unsatisfactory or incomplete in any respect, FLUC’s approval of the Final Working Drawings not to be unreasonably withheld, conditioned or delayed. If Tenant is so advised, Tenant shall immediately revise the Final Working Drawings in accordance with such review review, and any disapproval of Landlord in connection therewith FLUC and resubmit them Tenant shall use good faith and commercially reasonable efforts to Landlord. Landlord shall advise Tenant within five (5) business days after Landlord’s receipt of any revised Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. Notwithstanding anything to the contrary in this Section 3.3, Landlord shall not unreasonably withhold, condition or delay its approval of the Final Working Drawings; provided, however, that to the extent that such Final Working Drawings may (i) affect the exterior appearance of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings in its sole discretion. Once approved by Landlord, have the Final Working Drawings are approved. In addition, if the “Approved Final Working Drawings”Drawings or any amendment thereof or supplement thereto shall require alterations in the Base Building (as contrasted with the Improvements), and if FLUC in its sole and exclusive discretion agrees to any such alterations, and notifies Tenant of the need and cost for such alterations, then Tenant shall pay the cost of such required changes in advance upon receipt of notice thereof. Tenant shall pay all direct architectural and/or engineering fees in connection therewith.
Appears in 1 contract
Final Working Drawings. After On or before the Project—Tenant Deadline for Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, Improvement Working Drawings to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as Landlord set forth below. Upon the approval of the Final Space Plan by Landlord and in Schedule 1, Tenant, Tenant shall promptly cause the Architect and the Engineers to shall, based on the Final Space Plan and Construction Drawings, complete a minimum of Eighty Percent (80%) of the architectural and engineering drawings for the Premises, Tenant Improvements in the Leased Premises and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing the final architectural working drawings in a form which that is complete sufficient to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the “Final Working Drawings”) and shall submit a complete draft set of the same to Landlord for Landlord’s approval. If Landlord disapproves any aspect of the Final Working Drawings, Landlord shall advise Tenant in writing of such disapproval and the reasons therefor within ten (10) business days after receipt. Tenant shall supply then cause the Architect to address the Landlord’s disapproval the Final Working Drawings, incorporating the revisions requested by Landlord, and within fifteen (15) business days resubmit the same to Landlord with four (4) copies signed by Tenant for approval. Timing is of such the essence in reaching agreement on the Final Working Drawings and the parties here to agree to proceed in good faith to reach agreement on the Final Working Drawings. This process will be repeated until the Final Working Drawings are mutually approved by Landlord and Tenant. The Final Working Drawings, once approved in writing by both Landlord and Tenant, shall advise Tenant within five be referred to herein as the “Approved Working Drawings.”
3.3.1 If despite good-faith efforts of the parties, less than Eighty Percent (580%) business days after Landlord’s receipt of the Final Working Drawings for are agreed to on or before the Premises if the same is unsatisfactory or incomplete in any respect. If Tenant is so advised, Tenant shall immediately revise the Final Project—Approved Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith and resubmit them to Landlord. Landlord shall advise Tenant within five (5) business days after Deadline on Schedule 1, then, as the parties’ sole remedy, all deadlines for Landlord’s receipt and Tenant’s performance shall be extended by one (1) day for each day of any revised Final Working Drawings for the Premises if the same delay until an agreement is unsatisfactory or incomplete in any respect. Notwithstanding anything to the contrary in this Section 3.3, Landlord shall not unreasonably withhold, condition or delay its approval of the Final Working Drawings; provided, however, that to the extent that such Final Working Drawings may (i) affect the exterior appearance of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings in its sole discretion. Once approved by Landlord, the Final Working Drawings are the “Approved Working Drawings”reached.
Appears in 1 contract
Sources: Lease Agreement (HS Spinco, Inc.)
Final Working Drawings. After the Upon Landlord’s approval (or deemed approval) of a Final Space Plan has been approved by LandlordPlan, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the applicable Portion of the Premises, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the “Final Working Drawings”) and shall submit the same to Landlord for Landlord’s approval. Tenant shall supply Landlord with four (4) hard copies signed by of the Final Working Drawings, and concurrently with Tenant’s delivery of such hard copies, Tenant shall send to Landlord via electronic mail one (1) .pdf electronic copy of such Final Working Drawings. Landlord shall not disapprove any portion of the Final Working Drawings which is logically consistent with either (i) the Final Space Plan corresponding to such Final Working Drawings, (ii) the Final Working Drawings or the Approved Working Drawings for any other Portion of the Premises or (iii) is substantially similar to those improvement depicted on Schedule 2 attached hereto. Landlord shall advise Tenant within five ten (510) business days after Landlord’s receipt of the Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respecta Design Problem exists with respect to such Final Working Drawings, otherwise Landlord shall approve such Final Working Drawings. If Tenant is so advisedLandlord fails to timely respond as to whether a Design Problem exists, Tenant shall immediately revise may deliver to Landlord a second written request for such approval, which written notice must state in bold and all caps, “FAILURE TO RESPOND TO THIS WRITTEN NOTICE WITHIN THREE (3) BUSINESS DAYS AFTER RECEIPT HEREOF SHALL CONSTITUTE APPROVAL OF THE FINAL WORKING DRAWINGS.” If Landlord fails to advise Tenant whether the Final Working Drawings in accordance a Design Problem exists within such three (3) business day period, then Landlord will be deemed to have approved the applicable Final Working Drawings. If Landlord advises Tenant that a Design Problem exists with respect to any Final Working Drawings, Tenant shall cause the applicable Final Working Drawings to be revised to correct such review and any disapproval of Landlord in connection therewith and resubmit them to LandlordDesign Problem. Landlord shall advise Tenant approve any re-submittal of Final Working Drawings within five (5) business days after receipt thereof and Landlord’s receipt of any revised Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. Notwithstanding anything failure to the contrary in this Section 3.3, Landlord respond within such five (5) business day period shall not unreasonably withhold, condition or delay its approval of the Final Working Drawings; provided, however, that be deemed to the extent that such Final Working Drawings may (i) affect the exterior appearance of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupantbe Landlord’s normal and customary office operation, (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings Drawings. At the time Landlord gives its approval to any Final Working Drawings, Landlord shall notify Tenant in its sole discretion. Once approved by Landlord, writing of whether any of the Tenant Improvements set forth in such Final Working Drawings are Specialty Improvements. If Landlord fails to so notify Tenant, then none of the “Approved Tenant Improvement set forth in such Final Working Drawings”Drawings shall be deemed to be Specialty Improvements for purposes of this Lease.
Appears in 1 contract
Sources: Sublease (Twilio Inc)
Final Working Drawings. After approving the Final Space Plan has been approved by LandlordPlan, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers to complete prepare and deliver to Landlord the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing the final architectural working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the “"Final Working Drawings”) "), and that conform to the approved Final Space Plan. Such preparation and delivery shall submit the same to Landlord for Landlord’s approval. Tenant shall supply Landlord with four occur within fifteen (4) copies signed by Tenant of such Final Working Drawings. Landlord shall advise Tenant within five (515) business days after Landlord's approval of the Final Space Plan. Landlord shall approve or disapprove the Final Working Drawings by notice to Tenant within ten (10) business days after Landlord's receipt of the same. If Landlord disapproves the Final Working Drawings, Landlord's notice of disapproval shall specify any revisions Landlord desires in the Final Working Drawings. If Landlord timely and reasonably disapproves the Final Work Drawings in accordance with this Section 3.3, Tenant shall cause the Architect and/or the Engineers to revise the Final Working Drawings, taking into account the reasons for Landlord’s disapproval (provided, however, that Tenant shall not be required to cause the Architect or the Engineers to make any revision to the Final Working Drawings that is inconsistent with the Approved Working Drawings or that Tenant otherwise reasonably disapproves), and resubmit the Final Working Drawings to Landlord for its approval. Such revision and resubmission shall occur within ten (10) business days after Tenant's receipt of Landlord’s timely notice of disapproval if such revision is not material, and within such longer period of time as may be reasonably necessary (but not more than fifteen (15) business days after such receipt by Tenant) if such revision is material. Notwithstanding the generality of the foregoing, Landlord may not disapprove of any Final Working Drawings proposed by Tenant unless the proposed Tenant Improvements would cause a Design Problem. Such procedure shall be repeated as necessary until Landlord has approved the Final Working Drawings. Tenant shall have the right to value-engineer the design of the Tenant Improvements in Tenant’s reasonable discretion as part of the process of negotiating the cost of construction of the Tenant Improvements with the Bidding Contractors. Landlord acknowledges that Tenant's value engineering efforts may result in additional revisions to the Final Working Drawings, and as long as such revisions do not cause a Design Problem, the Final Working Drawings shall be modified by the Architect to incorporate such requested changes, in accordance with the process set forth in this Section 3.3 until the Final Working Drawings are in a form which is complete for incorporation into the Construction Contract as the basis of the contract sum payable to the Contractor in accordance with Section 4.3.2 below; provided that Landlord's approval of the Final Working Drawings for incorporating any Tenant-requested value-engineering changes shall not be withheld except in the Premises if the same is unsatisfactory or incomplete in any respectcase of a Design Problem. If Tenant is so advised, Tenant shall immediately revise the The Final Working Drawings approved by Landlord and Tenant (as modified in accordance with such review and any disapproval of Landlord Section 3.4, below, in connection therewith and resubmit them to Landlord. Landlord shall advise Tenant within five (5) business days after Landlord’s receipt of any revised Final Working Drawings order for the Premises if appropriate municipal authorities to issue the same is unsatisfactory or incomplete in any respect. Notwithstanding anything Permits) are referred to the contrary in this Section 3.3, Landlord shall not unreasonably withhold, condition or delay its approval of the Final Working Drawings; provided, however, that to the extent that such Final Working Drawings may (i) affect the exterior appearance of the Building, (ii) adversely affect the structural portions of the Building, (iii) adversely affect the Building systems and equipment, (iv) unreasonably interfere with any other occupant’s normal and customary office operation, (v) fail to comply with Applicable Laws, or (vi) fail to meet or exceed the Specifications, then Landlord may grant or withhold its approval of such Final Working Drawings in its sole discretion. Once approved by Landlord, the Final Working Drawings are Work Letter as the “Approved Working Drawings”. Without limiting the foregoing, if Landlord fails to timely approve or reasonably disapprove the Final Working Drawings within ten (10) business day following their submission by Tenant for Landlord's approval, the terms of Section 3.7, below, shall be applicable.
Appears in 1 contract
Sources: Lease (Nuvasive Inc)