Common use of Final Working Drawings Clause in Contracts

Final Working Drawings. After a Final Space Plan has been approved by Landlord and Tenant, Tenant shall cause the Architect and the Engineers to complete the architectural and engineering drawings for the applicable portion of the Premises, and cause the Architect 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 approval. Tenant shall supply Landlord with four (4) copies signed by Tenant of such Final Working Drawings 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 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 advised that the Final Working Drawings are not satisfactory or complete, Tenant shall promptly revise the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith, and Landlord shall 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 receives such resubmitted Final Working Drawings. Such procedure shall be repeated until the Final Working Drawings are approved. Landlord will notify Tenant concurrently with Landlord's initial review of the Final Work Drawings whether any new elements of the Tenant Improvements identified in the Final Working 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 a Final Space Plan has been approved by Landlord and On or before the date set forth in Schedule 1, Tenant, Tenant shall cause the Architect and the Engineers to shall complete the architectural and engineering drawings for the applicable portion of the Premises, and cause the Architect to compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing final architectural 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. 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 for each particular portion of the Premises for Landlord's approval, which approval shall not be unreasonably withheldDrawings. Landlord shall advise Tenant shall, within five (5) business days after Landlord's ’s receipt of all of the Final Working Drawings for each particular portion of Drawings, either (i) approve the Premises if the same is unsatisfactory or incomplete in any respectFinal Working Drawings, 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(ii) therefor. If Tenant is so advised that approve the Final Working Drawings are not satisfactory or completesubject 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 shall promptly revise Work Letter, to the extent the Final Working Drawings in accordance contain a Design Problem, or (iii) disapprove and return the Final Working Drawings to Tenant with such review and requested revisions to the 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 disapproval of Landlord in connection therewithtime, and Landlord shall approve or disapprove the resubmitted Final Working Drawings, based upon the criteria set forth in this Section 3.3, within five three (53) business days after Landlord receives such resubmitted Final Working Drawings. Such procedure shall be repeated until the Final Working Drawings are approved. Landlord will notify Landlord’s failure to timely respond to Tenant concurrently with within any applicable response period referenced herein shall be deemed Landlord's initial review ’s approval of the Final Work Drawings whether any new elements of the Tenant Improvements identified in the Final Working 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)Drawings.

Appears in 1 contract

Sources: Office Lease (Memec Inc)

Final Working Drawings. After a the Final Space Plan has been approved 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 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 Drawings for each particular portion of the Premises for Landlord's approval, which approval shall not be unreasonably withheldDrawings. 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 that the same is unsatisfactory or incomplete in any respectincomplete, and if unsatisfactory or disapprovedincomplete, in which event Landlord shall include in its notice of disapproval a reasonably detailed explanation as describing what is necessary to which items are not make them satisfactory or complete with detail sufficient to enable the Architects and Engineers to make corrections. If Landlord fails to respond to Tenant within five (5) business days after Landlord’s receipt of the reason(sFinal Working Drawings, Tenant shall send to Landlord written notice that Landlord failed to respond within such five (5) therefor. 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 that within the Final Working Drawings are not satisfactory or completetime 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 Landlord shall approve or disapprove the resubmitted (ii) deliver such revised Final Working DrawingsDrawings to Landlord, based upon the criteria set forth in this Section 3.3, within five (5) business days after Landlord receives such resubmitted Final Working Drawings. Such procedure shall be repeated until and so long as the Final Working Drawings are reflect the corrections reasonably requested by Landlord, they shall be deemed approved. Landlord will notify Tenant concurrently with Landlord's initial review of the Final Work Drawings whether any new elements of the Tenant Improvements identified in the Final Working 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 (Conatus Pharmaceuticals Inc.)

Final Working Drawings. After a Final Space Plan has been approved by Landlord and On or before the date set forth in Schedule 1, Tenant, Tenant shall cause the Architect and the Engineers to shall complete the architectural and engineering drawings for the applicable portion of the Premises, and cause the Architect to compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing final architectural 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 four (4) hard copies signed by Tenant of the same Final Working Drawings to Landlord for Landlord's approval. 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 for each particular portion of the Premises for Landlord's approval, which approval shall not be unreasonably withheldDrawings. Landlord shall advise Tenant within five Within ten (510) business days after Landlord's receipt of the Final Working Drawings for each particular portion of 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, 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 advised that the Final Working Drawings are not satisfactory or completeadvised, Tenant shall promptly revise the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith, therewith and resubmit the same to Landlord. In the event that Landlord shall approve or disapprove fails to respond to Tenant regarding the resubmitted Final Working Drawings, based upon Drawings within the criteria applicable time period set forth in this Section 3.33.4 above, Tenant shall have the right to send a written "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. If Landlord fails to respond to Tenant regarding the Final Working Drawings within five three (53) business days after Landlord receives such resubmitted Final Working Drawings. Such procedure shall be repeated until receipt of the reminder notice identified in this Section 3.4, then the Final Working Drawings are approved. Landlord will notify Tenant concurrently with shall be deemed to have been approved by Landlord's initial review of the Final Work Drawings whether any new elements of the Tenant Improvements identified in the Final Working 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: Office Lease (Concur Technologies Inc)

Final Working Drawings. After a the Final Space Plan for a Project has been approved by Landlord and TenantLandlord, Tenant shall cause the Architect and the Engineers to complete the architectural and engineering drawings for the applicable portion of the Premises, and cause the Architect to 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 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"). Upon the Architect's completion of the Final Working Drawings for a Project, and 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 receipt of such Final Working Drawings, Landlord shall notify Tenant shall supply in writing whether (a) Landlord with four (4) copies signed by Tenant approves of such Final Working Drawings for each particular portion of the Premises for Landlord's approvalor whether (b) Landlord disapproves such Final Working Drawings, which approval disapproval shall not specify the reasonable basis for such disapproval and shall be unreasonably withheld. Landlord shall advise Tenant within five (5) business days after accompanied by a written detailed description of changes required in order to satisfy Landlord'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’s concerns. If Tenant is so advised that the Final Working Drawings are not satisfactory or complete, Tenant shall promptly revise Landlord timely and reasonably disapproves the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewiththis Section 4.3, Tenant shall cause the Final Working Drawings to be revised by the Architect as reasonably EXHIBIT B-1 . required to address the Landlord’s objections, and Landlord shall approve or disapprove submit the resubmitted revised Final Working DrawingsDrawings to Landlord for review, based upon with the criteria set forth in this Section 3.3, within five foregoing review process to be repeated until Landlord has approved (5or is deemed to have approved as provided below) business days after Landlord receives such resubmitted the Final Working Drawings. Such procedure shall be repeated until If Landlord fails to timely approve or reasonably disapprove the Final Working Drawings are approved. Landlord will notify within ten (10) business day following their submission by Tenant concurrently with for Landlord's initial review approval, the terms of the Final Work Drawings whether any new elements of the Tenant Improvements identified in the Final Working Drawings and not previously shown in the Final Space Plan constitute Specialty Alterations Section 4.6, below, shall 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)applicable.

Appears in 1 contract

Sources: Lease (Nuvasive Inc)

Final Working Drawings. After a approving the Final Space Plan has been approved by Landlord and TenantPlan, Tenant shall cause the Architect and the Engineers to complete prepare and deliver to Landlord the architectural and engineering drawings for the applicable portion of the Premises, and cause the Architect to compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing final architectural 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 that conform to the approved Final Space Plan. Such preparation and delivery shall submit the same to Landlord for occur within fifteen (15) business days after Landlord's approvalapproval of the Final Space Plan. Tenant Landlord shall supply Landlord with four (4) copies signed by Tenant of such approve or disapprove the Final Working Drawings for each particular portion of the Premises for Landlord's approval, which approval shall not be unreasonably withheld. Landlord shall advise by notice to Tenant within five ten (510) business days after Landlord's receipt of the same. If Landlord disapproves the Final Working Drawings for each particular portion of the Premises if the same is unsatisfactory or incomplete in any respectDrawings, or disapproved, in which event Landlord shall include in its Landlord's notice of disapproval a reasonably detailed explanation as to which items are not satisfactory or complete and shall specify any revisions Landlord desires in the reason(s) thereforFinal Working Drawings. If Landlord timely and reasonably disapproves the Final Work Drawings in accordance with this Section 3.3, Tenant is so advised 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 are not satisfactory that is inconsistent with the Approved Working Drawings or completethat Tenant otherwise reasonably disapproves), Tenant shall promptly revise and resubmit the Final Working Drawings in accordance with such review to Landlord for its approval. Such revision and any disapproval of Landlord in connection therewith, and Landlord resubmission shall approve or disapprove the resubmitted Final Working Drawings, based upon the criteria set forth in this Section 3.3, occur within five ten (510) 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 receives such resubmitted may not disapprove of any Final Working DrawingsDrawings 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 approved. Landlord will notify Tenant concurrently 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 initial review approval of the Final Work Drawings whether any new elements of the Tenant Improvements identified in the Final Working Drawings and incorporating any Tenant-requested value-engineering changes shall not previously shown be withheld except in the case of a Design Problem. The Final Space Plan constitute Specialty Alterations be required Working Drawings approved by Landlord and Tenant (as modified in accordance with Section 3.4, below, in order for the appropriate municipal authorities to be removed (for avoidance of doubtissue the Permits) are referred to in this Work Letter as the “Approved Working Drawings”. Without limiting the foregoing, if Landlord may not specify any item which was identified in fails to timely approve or reasonably disapprove the Final Space Plan but not so noted Working Drawings within ten (10) business day following their submission by Landlord during Tenant for Landlord's review approval, the terms 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)Section 3.7, below, shall be applicable.

Appears in 1 contract

Sources: Lease (Nuvasive Inc)

Final Working Drawings. After a Final Space Plan has been approved by Landlord Lessor and Tenant, Tenant its architect and engineers shall cause the Architect and the Engineers to complete the architectural and engineering drawings for the applicable portion of the Premises, and cause the Architect to 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 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 County for Landlord's approval. Tenant shall supply Landlord with four (4) copies signed by Tenant of such Final Working Drawings for each particular portion of the Premises for Landlord's County’s approval, which such approval shall not to be unreasonably withheld, conditioned or delayed. Landlord County shall advise Tenant within five (5) business days after Landlord's receipt approve or reasonably disapprove any draft of the Final Working Drawings for each particular portion within seven (7) business days after County’s receipt thereof; provided, however, that (i) County shall not be entitled to disapprove any portion, component or aspect 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 advised that the Final Working Drawings which are not satisfactory or completeconsistent with the Final Space Plan, Tenant unless County agrees to pay for the additional cost (if any) resulting from such change in the Final Space Plan as part of the over-allowance amount pursuant to Section 2 below and County acknowledges that any delay resulting therefrom shall promptly revise be a delay caused by County, and (ii) any disapproval of the Final Working Drawings in accordance with such review and by County shall be accompanied by a detailed written explanation of the reasons for County’s disapproval. Failure of County to reasonably disapprove any disapproval draft of Landlord in connection therewith, and Landlord shall approve or disapprove the resubmitted Final Working Drawings, based upon the criteria set forth in this Section 3.3, Drawings within five said seven (57) business days after Landlord receives such resubmitted Final Working Drawingsday period shall be deemed to constitute County’s approval thereof. Such procedure This process shall be repeated until the Final Working Drawings are have been approved. Landlord will notify Tenant concurrently with Landlord's ; it being agreed that County’s right to raise objections (following County’s initial review objections to Lessor’s first submission of the Final Work Drawings whether any new elements Working Drawings) shall be limited to (a) the revisions made to the previous submission of the Tenant Improvements identified in the Final Working Drawings and in 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 shown in a part of the Final Working Drawings 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 constitute Specialty Alterations or the Approved Working Drawings without the prior written consent of Lessor, which consent may be required 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 be removed 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 (for avoidance 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 doubtoccupancy. No changes, Landlord may not specify any item which was identified modifications or alterations in the Final Space Plan but not so noted by Landlord during Landlord's review 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 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)Work.

Appears in 1 contract

Sources: Lease Agreement

Final Working Drawings. After a 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 applicable portion of the Premises, and cause the Architect to 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 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 Drawings for each particular portion of the Premises for Landlord's approval, which approval shall not be unreasonably withheldDrawings. 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, provided, Landlord may not withhold its consent unless a Design Problem exists 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 advised that the Final Working Drawings are not satisfactory consistent with or completea logical extension of the Final Space Plan. If Tenant is so advised, Tenant shall promptly immediately revise the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewiththerewith and resubmit them to Landlord for approval, and Landlord which shall approve or disapprove the resubmitted Final Working Drawings, based upon the criteria set forth in this Section 3.3, occur within five three (53) business days after resubmission. If Landlord receives such resubmitted fails to approve or disapprove of the Final Working Drawings within the applicable periods set forth above, Landlord shall be deemed to have approved the Final Working Drawings. Such procedure shall be repeated until In addition, if the Final Working Drawings are approved. or any amendment thereof or supplement thereto shall require alterations in the Base, Shell and Core (as contrasted with the Tenant Improvements), and if Landlord will notify in its sole and exclusive discretion agrees to any such alterations, and notifies Tenant concurrently with Landlord's initial review of the Final Work Drawings whether any new elements need and cost for such alterations, then Tenant shall pay the cost of the such required changes upon receipt of bills therefor. Tenant Improvements identified shall pay all direct architectural and/or engineering fees in the Final Working 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)connection therewith.

Appears in 1 contract

Sources: Office Lease (Abraxis BioScience, Inc.)

Final Working Drawings. After a Final Space Plan has been approved by Landlord Lessor and Tenant, Tenant its architect and engineers shall cause the Architect and the Engineers to complete the architectural and engineering drawings for the applicable portion of the Premises, and cause the Architect to 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 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 County for Landlord's approval. Tenant shall supply Landlord with four (4) copies signed by Tenant of such Final Working Drawings for each particular portion of the Premises for Landlord's County’s approval, which such approval shall not to be unreasonably withheld, conditioned or delayed. Landlord County shall advise Tenant within five (5) business days after Landlord's receipt approve or reasonably disapprove any draft of the Final Working Drawings for each particular portion within seven (7) business days after County’s receipt thereof; provided, however, that (i) County shall not be entitled to disapprove any portion, component or aspect 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 advised that the Final Working Drawings which are not satisfactory or completeconsistent with the Final Space Plan unless (a) County agrees to pay for the additional cost (if any) resulting from such change in the Final Space Plan as part of the over-allowance amount pursuant to Section 2 below, Tenant and (b) County agrees that any such delays caused by such change(s) shall promptly revise be deemed a delay caused by the County for all purposes of this Work Letter and the Lease, and (ii) any disapproval of the Final Working Drawings in accordance with such review and by County shall be accompanied by a detailed written explanation of the reasons for County’s disapproval. Failure of County to reasonably disapprove any disapproval draft of Landlord in connection therewith, and Landlord shall approve or disapprove the resubmitted Final Working Drawings, based upon the criteria set forth in this Section 3.3, Drawings within five said seven (57) business days after Landlord receives such resubmitted Final Working Drawingsday period shall be deemed to constitute County’s approval thereof. Such procedure This process shall be repeated until the Final Working Drawings are have been approved. Landlord will notify Tenant concurrently with Landlord's ; it being agreed that County’s right to raise objections (following County’s DocuSign Envelope ID: 9A52F253-B5A9-4D62-B680-9723CDF6563B initial review objections to ▇▇▇▇▇▇’s first submission of the Final Work Drawings whether any new elements Working Drawings) shall be limited to (a) the revisions made to the previous submission of the Tenant Improvements identified in the Final Working Drawings and in 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 shown in a part of the Final Working Drawings 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 constitute Specialty Alterations or the Approved Working Drawings without the prior written consent of Lessor, which consent may be required 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 be removed 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 (for avoidance 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 doubtoccupancy. No changes, Landlord may not specify any item which was identified modifications or alterations in the Final Space Plan but not so noted by Landlord during Landlord's review 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 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)Premises Work.

Appears in 1 contract

Sources: Lease Agreement

Final Working Drawings. After a Final Space Plan has been approved by Landlord and Tenant, (i) Tenant shall cause must engage an architect licensed in the Architect and the Engineers to complete the architectural and engineering drawings State of California for the applicable portion purpose of preparing the Premises, and cause the Architect 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 approval. Tenant shall supply Landlord with four (4) copies signed by Tenant of such Final Working Drawings must adhere to the approved Preliminary Drawings and shall 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 each particular portion review (pdf file to be “to-scale” / full size set) to Landlord’s representative for approval within thirty (30) days after approval of the Premises for Landlord's approval, which approval shall not Preliminary Drawings. Final Working Drawings with incomplete or inadequate information or dimensional discrepancies will be unreasonably withheld. Landlord shall advise Tenant within five rejected. (5iii) business Within fifteen (15) days after Landlord receives the Final Working Drawings, Landlord's receipt ’s representative will either approve such drawings or return to Tenant’s architect/designer one (1) set of prints of the Final Working Drawings for each particular portion of the Premises if the same is unsatisfactory or incomplete in Drawings, marked with 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(scomments and/or required modifications. (iv) therefor. If Tenant is so advised that objects to any comments and/or required modifications, Tenant shall 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 are to Tenant with comments and/or required modifications and Tenant does not satisfactory or completetimely object as provided above, Tenant shall promptly must revise the Final Working Drawings in accordance and resubmit them to Landlord for approval within fifteen (15) days after the date Tenant’s architect/designer receives Landlord’s comments and/or required modifications. (vi) If Tenant properly objects to any comments and/or required modifications as provided above, Landlord will discuss the objections with such review Tenant and any disapproval of Landlord in connection therewith, will work with Tenant to achieve Final Working Drawings that are acceptable to Landlord. If Tenant and Landlord shall approve or disapprove the resubmitted are unable to agree on Final Working Drawings, based upon the criteria set forth in Landlord may terminate this Section 3.3Lease. (vii) Once approved, within five (5) business days after Landlord receives such resubmitted will stamp “Approved Final Working Drawings. Such procedure shall be repeated until ” and return them to Tenant’s architect/designer who made the Final Working Drawings are approved. Landlord will notify Tenant concurrently with Landlord's initial review of the Final Work Drawings whether any new elements of the Tenant Improvements identified in the Final Working 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)submittal.

Appears in 1 contract

Sources: Retail Lease (Yoshiharu Global Co.)

Final Working Drawings. After a Final Space Plan has been approved by Landlord and TenantPrior to October 31, 2013, Tenant shall cause the Tenant's Architect and the Tenant's Engineers to prepare and submit for Landlord's approval complete the architectural and engineering drawings for the applicable portion of the Premisesdetailed construction plans and specifications, and cause the Architect to 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 for the applicable Tenant Improvements for such portion of the Premises required Permits (collectivelyas defined in Section 1.4, with respect to each particular portion of the Premises, below) and commence construction (the "Final Working Drawings"); provided that, and 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 approvalapproval in accordance with this Section 2.2.2. Tenant shall supply furnish Landlord with four (4) copies signed by Tenant of such Final Working Drawings for each (or any particular portion of the Premises for Landlord's approvalcomponent thereof, which approval shall not be unreasonably withheldif 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 each particular portion (as so approved, the "Approved Construction Drawings"). If Landlord fails to respond in writing within fifteen (15) business days after the submission of the Premises if the same is unsatisfactory or incomplete in any respect, or disapproved, in which event Landlord shall include in its notice initial set 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 that the Final Working Drawings are not satisfactory or complete, Tenant shall promptly revise 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 Landlord shall approve or disapprove the resubmitted Final Working Drawings, based upon Tenant may send a second notice to Landlord, which notice must contain the criteria set forth following disclaimer in this Section 3.3bold 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 fails to respond in writing within five (5) business days after Landlord receives delivery of such resubmitted Final Working Drawings. Such procedure shall be repeated until second notice, the Final Working Drawings are approvedlast submitted shall be deemed approved by Landlord. Landlord will notify Tenant concurrently Concurrent with Landlord's initial review the approval of the Final Work Working Drawings, Landlord shall deliver a full and complete wet-stamped copy of the path of travel and ADA compliance drawings for the Building to Tenant's Architect. Tenant shall include provisions in its Design Professional Agreements (as defined in Section 2.2.3) which expressly allow Landlord to use any and all of the Approved Construction Drawings whether any new elements of for the Tenant Improvements identified without any additional cost or payment if the Lease is terminated subject to Landlord agreeing to indemnify Tenant's Architect and Tenant's Engineers in the Final Working Drawings and not previously shown in the Final Space Plan constitute Specialty Alterations be required question if Landlord elects to be removed (for avoidance of doubt, Landlord may not specify use 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 Approved Construction Drawings without retaining Tenant's Architect or Engineer for the Final Space Plan described such items portion of Tenant's Work covered by the Design Profession Agreement in insufficient detail to allow Landlord to make a determination as to whether such item was a Specialty Alteration)question.

Appears in 1 contract

Sources: Lease Agreement (Riverbed Technology, Inc.)

Final Working Drawings. After a the Final Space Plan has been approved by Landlord Lessor, Lessee shall supply the Engineers with a complete listing of standard and Tenantnon-standard equipment and specifications, Tenant 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 Lessor and Lessee, Lessee 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 to 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 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 Lessor for Landlord's Lessor’s approval. Tenant shall supply Landlord with , four (4) copies signed by Tenant Lessee of such Final Working Drawings for each particular portion of the Premises for Landlord's approval, which approval shall not be unreasonably withheldDrawings. Landlord Lessor shall advise Tenant Lessee within five seven (57) business days after Landlord's Lessor’s receipt of the Final Working Drawings for each particular portion of the Premises if the same is reasonably 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 Lessee is so advised that the Final Working Drawings are not satisfactory or completeadvised, Tenant Lessee shall promptly immediately revise the Final Working Drawings in accordance with such review and any disapproval of Landlord Lessor in connection therewith, therewith and Landlord shall approve or disapprove submit the resubmitted revised Final Working Drawings to Lessor no later than seven (7) business days after Lessor delivers its advice. If Lessor makes any objections to the Final Working Drawings, based upon and provided such objections are reasonable, Lessee shall revise the criteria set forth Final Working Drawings and cause such objections to be remedied in this Section 3.3, within five the revised Final Working Drawings. Within two (52) business days after Landlord Lessor receives the revised Final Working Drawings, Lessor shall approve or reasonably disapprove such resubmitted revised Final Working Drawings. Such This procedure shall be repeated until the Final Working Drawings are approvedis finally approved by Lessor and written approval has been delivered to and received by Lessee. Landlord will notify Tenant concurrently with Landlord's initial review of the Final Work Drawings whether any new elements of the Tenant Improvements identified in the Final Working Drawings and not previously shown in the Final Space Plan constitute Specialty Alterations Lessor’s failure to advise timely shall 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)deemed approval.

Appears in 1 contract

Sources: Triple Net Space Lease (Blue Coat Systems Inc)

Final Working Drawings. After a Final Space Plan has been approved by Landlord Tenant, Tenant’s architect and Tenant, Tenant ’s engineers shall cause the Architect and the Engineers to complete the architectural and engineering drawings for the applicable portion of the PremisesInitial Alterations, and cause the Architect to compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing final architectural 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 Required Permits (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 Drawings for each particular portion of the Premises for Landlord's approvalshall, which approval shall not be unreasonably withheld. Landlord shall advise Tenant within five (5) business days Business Days after Landlord's ’s receipt of the Final Working Drawings for each particular portion of Drawings, either (i) approve the Premises if the same is unsatisfactory or incomplete in any respectFinal Working Drawings, 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(ii) therefor. If Tenant is so advised that approve the Final Working Drawings are not satisfactory or complete, subject to specified conditions (which conditions must be stated in a reasonably clear manner) to be satisfied by Tenant shall promptly revise prior to submitting the Final Working Drawings in accordance 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 therewithshall only disapprove the Final Working Drawings if they contain an Initial Alterations Design Problem. If Landlord disapproves the Final Working Drawings, Tenant shall resubmit the Final Working Drawings to Landlord, and Landlord shall approve or disapprove of the resubmitted Final Working Drawings, based upon the criteria set forth in this Section 3.3C, within five (5) business days Business Days after Landlord receives such resubmitted Final Working Drawings. Such procedure shall be repeated until the Final Working Drawings are approvedapproved by Landlord. If Landlord will notify fails to timely respond to Tenant concurrently with within any applicable response period referenced herein for Landlord's initial review ’s approval of the Final Work Drawings whether any new elements of the Working Drawings, then Tenant Improvements identified in the shall deliver a second notice requesting Landlord’s response to such Final Working Drawings and not previously shown in the Final Space Plan constitute Specialty Alterations if Landlord thereafter fails to respond within three (3) Business Days, Landlord’s approval shall 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)deemed granted.

Appears in 1 contract

Sources: Office Lease Agreement (Boingo Wireless Inc)

Final Working Drawings. After a 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 applicable portion of the Original Premises, and cause the Architect to 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 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 Drawings. Landlord shall advise Tenant within ten (10) business days after Landlord’s receipt of the Final Working Drawings for each particular portion applicable Suite or the Original Premises if the same is unsatisfactory or incomplete in any respect. If Tenant is so advised, Tenant shall promptly cause the Final Working Drawings to be revised in accordance with such review and any reasonable disapproval of the Premises for Landlord in connection therewith and resubmit to Landlord's approval, which approval shall not be unreasonably withheld. and Landlord shall advise Tenant within five (5) business days after Landlord's receipt of the Final Working Drawings for each particular portion of the Premises such resubmittal if the same is unsatisfactory or incomplete complete in any respect, or disapproved, . Failure of Landlord to respond to Tenant in which event Landlord writing within any five business day period provided in this Section 3.3 shall include in its notice be deemed Landlord’s approval 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 that the Final Working Drawings are not satisfactory (or completerevision to same, Tenant as applicable) submitted by Tenant. The foregoing process shall promptly revise be repeated until Landlord’s approval or deemed approval of the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith, and Landlord shall 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 receives such resubmitted Final Working Drawings. Such procedure shall be repeated until the Final Working Drawings are approved. Landlord will notify Tenant concurrently with Landlord's initial review of the Final Work Drawings whether any new elements of the Tenant Improvements identified in the Final Working 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)occurs.

Appears in 1 contract

Sources: Office Lease (Docusign Inc)

Final Working Drawings. After a Upon Landlord's approval of the Final Space Plan has been approved by Landlord and TenantPlan, Tenant shall cause the Architect and the Engineers to complete the architectural and engineering drawings for the applicable portion of the Premises, and cause the Architect to compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing final architectural 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 approval. Tenant shall supply Landlord with four two (42) copies full size sets signed by Tenant of such the same and the CAD file of the Final Working Drawings for each particular portion of the Premises Drawing to Landlord for Landlord's approval, which approval shall not be unreasonably withheld, conditioned or delayed. Within fifteen (15) days following Landlord's receipt of the Final Working Drawings, Landlord shall provide Tenant with its approval, disapproval or approval with conditions of such Final Working Drawings (provided however that such 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 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 Final Working Drawings, in which case, Landlord shall be deemed to have approved of the Final Working Drawings (other than for structural items) if Landlord does not approve or disapprove of the Final Working Drawings within five (5) days after receipt of such written notice from Tenant. 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 advise respond with its approval or disapproval of the 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 receipt architect and engineers and shall comply with their requirements to avoid aesthetic or other conflicts with the design and function of the Final Working Drawings for each particular portion balance 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) thereforProject. If Tenant is so advised that the Final Working Drawings are not satisfactory or complete, Tenant shall promptly revise the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith, and Landlord shall 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 receives such resubmitted Final Working Drawings. Such procedure shall be repeated until the Final Working Drawings are approved. Landlord will notify Tenant concurrently with Landlord's initial review of the Final Work Drawings whether any new responsible for all elements of the Tenant Improvements identified in design of the Final Working Drawings 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 not previously shown in the Final Space Plan constitute Specialty Alterations be required to be removed (for avoidance placement of doubtTenant's furniture, Landlord may not specify any item which was identified in the Final Space Plan but not so noted by Landlord during appliances and equipment), and Landlord's review approval of the Final Space Plan unless Landlord reasonably demonstrates that Construction Documents shall in no event relieve Tenant of the Final Space Plan described responsibility for such items in insufficient detail to allow Landlord to make a determination as to whether 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 item was a Specialty Alteration)Construction Documents and for all costs related thereto.

Appears in 1 contract

Sources: Office Lease Agreement (GoPro, Inc.)

Final Working Drawings. After a On or before the Project—Tenant Deadline for Final Space Plan has been approved by Tenant Improvement Working Drawings to Landlord and set forth in Schedule 1, Tenant, Tenant shall 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 applicable portion of Tenant Improvements in the Premises, Leased Premises and cause the Architect to compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing 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 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 a complete draft set of the same to Landlord for Landlord's ’s approval. Tenant shall supply If Landlord with four (4) copies signed by Tenant disapproves any aspect of such the Final Working Drawings for each particular portion of the Premises for Landlord's approvalDrawings, which approval shall not be unreasonably withheld. Landlord shall advise Tenant in writing of such disapproval and the reasons therefor within five ten (510) business days after receipt. Tenant shall then cause the Architect to address the Landlord's receipt ’s disapproval the Final Working Drawings, incorporating the revisions requested by Landlord, and within fifteen (15) business days resubmit the same to Landlord for approval. Timing is of the essence in reaching agreement on 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 advised that parties here to agree to proceed in good faith to reach agreement on the Final Working Drawings are not satisfactory or complete, Tenant shall promptly revise the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith, and Landlord shall 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 receives such resubmitted Final Working Drawings. Such procedure shall This process will be repeated until the Final Working Drawings are approvedmutually approved by Landlord and Tenant. The Final Working Drawings, once approved in writing by both Landlord will notify Tenant concurrently with Landlord's initial review and Tenant, shall be referred to herein as the “Approved Working Drawings.” 3.3.1 If despite good-faith efforts of the Final Work Drawings whether any new elements parties, less than Eighty Percent (80%) of the Tenant Improvements identified in the Final Working Drawings are agreed to on or before the Project—Approved Working Drawings Deadline on Schedule 1, then, as the parties’ sole remedy, all deadlines for Landlord’s and not previously shown in the Final Space Plan constitute Specialty Alterations Tenant’s performance shall be required to be removed extended by one (1) day for avoidance each day 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)delay until an agreement is reached.

Appears in 1 contract

Sources: Lease Agreement (HS Spinco, Inc.)

Final Working Drawings. After Upon Landlord’s approval (or deemed approval) of a Final Space Plan has been approved by Landlord and TenantPlan, Tenant shall cause the Architect and the Engineers to complete the architectural and engineering drawings for the applicable portion Portion of the Premises, and cause the Architect to 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 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) 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 for each particular 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 for Landlord's approval, which approval shall not be unreasonably withheldor (iii) is substantially similar to those improvement depicted on Schedule 2 attached hereto. Landlord shall advise Tenant within ten (10) business days after Landlord’s receipt of the Final Working Drawings if a Design Problem exists with respect to such Final Working Drawings, otherwise Landlord shall approve such Final Working Drawings. If Landlord fails to timely respond as to whether a Design Problem exists, Tenant 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 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 Design Problem. Landlord shall approve any re-submittal of Final Working Drawings within five (5) business days after receipt thereof and Landlord'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 ’s failure to which items are not satisfactory or complete and the reason(s) therefor. If Tenant is so advised that the Final Working Drawings are not satisfactory or complete, Tenant shall promptly revise the Final Working Drawings in accordance with respond within such review and any disapproval of Landlord in connection therewith, and Landlord shall 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 receives day period shall be deemed to be Landlord’s approval of such resubmitted Final Working Drawings. Such procedure At the time Landlord gives its approval to any Final Working Drawings, Landlord shall be repeated until notify Tenant in writing of whether any of the Tenant Improvements set forth in such Final Working Drawings are approvedSpecialty Improvements. If Landlord will fails to so notify Tenant concurrently with Landlord's initial review of the Final Work Drawings whether any new elements Tenant, then none of the Tenant Improvements identified Improvement set forth in the such Final Working Drawings and not previously shown in the Final Space Plan constitute Specialty Alterations shall be required deemed to be removed (Specialty Improvements for avoidance purposes 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)this Lease.

Appears in 1 contract

Sources: Sublease (Twilio Inc)

Final Working Drawings. After a Final Space Plan has been approved by Landlord and Tenant, Tenant shall cause the Architect and the Engineers to ---------------------- shall complete the architectural and engineering drawings for the applicable portion of the Premisesarchitectural, and cause the Architect to compile a fully coordinated set of architecturalengineering, structural, mechanical, electrical and plumbing working drawings for the Premises 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 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 for each particular portion of the Premises for Landlord's approval, which approval shall not be unreasonably withheldDrawings. Landlord shall advise Tenant shall, within five three (53) business days after Landlord's receipt of Landlord receives the Final Working Drawings, either (a) approve the Final Working Drawings, (b) approve the Final Working Drawings subject to specified conditions to be satisfied by Tenant prior to submitting the Approved Working Drawings for each particular portion of the Premises if the same is unsatisfactory or incomplete permits as set forth in any respectSection 2.4, below, 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(c) therefor. If Tenant is so advised that disapprove the Final Working Drawings are not satisfactory and return them to Tenant with requested revisions; provided, however, that Landlord shall only be entitled to conditionally approve pursuant to item (b) above or complete, Tenant shall promptly revise disapprove pursuant to item (c) above the Final Working Drawings in accordance if they materially deviate from the Construction Drawings, or for any of the following reasons: (i) an adverse effect on the structural integrity of the Building; (ii) non-compliance with such review applicable laws; (iii) an adverse effect on the systems and equipment of the Building; or (iv) an adverse effect on the exterior appearance of the Building (individually or collectively, a "Design Problem"). If Landlord disapproves the Final Working Drawings, Tenant may resubmit the Final Working Drawings to Landlord at any disapproval of Landlord in connection therewithtime, and Landlord shall approve or disapprove of the resubmitted Final Working Drawings, based upon the criteria set forth in this Section 3.3, Drawings within five two (52) business days after Landlord receives such resubmitted Final Working Drawings. Such procedure shall be repeated until the Final Working Drawings are approved. Landlord will notify Tenant concurrently with Landlord's initial review of the Final Work Drawings whether any new elements of the Tenant Improvements identified in the Final Working 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: Office Lease (Smart & Final Inc/De)

Final Working Drawings. After a Upon Landlord's approval (or deemed approval) of the Final Space Plan has been approved by Landlord and TenantPlan, Tenant shall cause the Architect and the Engineers to complete the architectural and engineering drawings for the applicable portion floor or Phase of the Premises, and cause the Architect to 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 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 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 for each particular portion of the Premises for Landlord's approval, which approval shall not be unreasonably withheldDrawings. Landlord shall advise Tenant within five fifteen (515) business days after Landlord'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 each particular believing a Design Problem exists) otherwise Landlord shall approve such Final Working Drawings within such fifteen (15) business day period. If Landlord fails to respond within such fifteen (15) business day period, then Tenant shall 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 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 advised that the Final Working Drawings are not satisfactory which is logically consistent with either (i) the Final Space Plan corresponding to such Final Working Drawings or complete, Tenant shall promptly revise (ii) the Final Working Drawings in accordance or the Approved Working Drawings for any other similar Improvements for any floor or Phase of the Premises previously approved (or deemed approved) by Landlord. If Landlord advises Tenant that a Design Problem exists with such review and respect to any disapproval of Landlord in connection therewith, and Landlord shall approve or disapprove the resubmitted Final Working Drawings, based upon Tenant shall cause the criteria set forth in this Section 3.3, applicable Final Working Drawings to be revised to correct such Design Problem. Landlord shall approve any re-submittal of Final Working Drawings within five (5) business days after Landlord receives receipt thereof and Landlord's failure to respond within such resubmitted five (5) business day period shall be deemed to be Landlord's approval of such Final Working Drawings. Such procedure At the time Landlord gives its approval to any Final Working Drawings, upon specific request by Tenant, Landlord shall be repeated until notify Tenant in writing of whether any of the Improvements set forth in such Final Working Drawings are approvedSpecialty Improvements. If Landlord will fails to so notify Tenant concurrently with Landlord's initial review Tenant, then none of the Final Work Drawings whether any new elements of the Tenant Improvements identified Improvement set forth in the such Final Working Drawings and not previously shown in the Final Space Plan constitute Specialty Alterations shall be required deemed to be removed (Specialty Improvements for avoidance purposes 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).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 a Based on the Final Space Plan has been approved by Plan, Landlord and Tenant, Tenant shall cause the Architect and the Engineers to complete the architectural and engineering drawings for the applicable portion of the Premises, and cause the Architect 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 Tenant for LandlordTenant's approval. Tenant shall supply Landlord with four (4) copies signed by Tenant of such 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 each particular any portion of the Premises for Landlord's approvalTenant Improvements depicted thereon, which approval the actual specifications and finish work shall not be unreasonably withheldin accordance with the Specifications, unless Tenant directs otherwise (and Landlord approves the same). Landlord Tenant shall advise Tenant approve or reasonably disapprove the Final Working Drawings or any revisions thereto within five ten (510) business days after Landlord delivers the Final Working Drawings or any revisions thereto to Tenant; provided, however, that Tenant may 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 ("Working Drawing Design Problem"). Tenant's receipt 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 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 advised that the Final Working Drawings are not satisfactory or complete, Tenant shall promptly revise the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith, and Landlord shall 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 receives such resubmitted Final Working Drawings. Such procedure shall be repeated until the Final Working Drawings are approved. Landlord will notify Tenant concurrently with Landlord's initial review of the Final Work Drawings whether any new elements of the Tenant Improvements identified in the Final Working 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)revisions.

Appears in 1 contract

Sources: Lease (Janux Therapeutics, Inc.)

Final Working Drawings. After a On or before the Pharmacy – Tenant Deadline for Final Space Plan has been approved by Tenant Improvement Working Drawings to Landlord and set forth in Schedule 1, Tenant, Tenant shall 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 applicable portion of Tenant Improvements in the Premises, Leased Premises and cause the Architect to compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing 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 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 a complete draft set of the same to Landlord for Landlord's ’s approval. Tenant shall supply If Landlord with four (4) copies signed by Tenant disapproves any aspect of such the Final Working Drawings for each particular portion of the Premises for Landlord's approvalDrawings, which approval shall not be unreasonably withheld. Landlord shall advise Tenant in writing of such disapproval and the reasons therefor within five ten (510) business days after receipt. Tenant shall then cause the Architect to address the Landlord's receipt ’s disapproval the Final Working Drawings, incorporating the revisions requested by Landlord, and within fifteen (15) business days resubmit the same to Landlord for approval. Timing is of the essence in reaching agreement on 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 advised that parties here to agree to proceed in good faith to reach agreement on the Final Working Drawings are not satisfactory or complete, Tenant shall promptly revise the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith, and Landlord shall 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 receives such resubmitted Final Working Drawings. Such procedure shall This process will be repeated until the Final Working Drawings are approvedmutually approved by Landlord and Tenant. The Final Working Drawings, once approved in writing by both Landlord will notify Tenant concurrently with Landlord's initial review and Tenant, shall be referred to herein as the “Approved Working Drawings.” 3.3.1 If despite good-faith efforts of the Final Work Drawings whether any new elements parties, less than Eighty Percent (80%) of the Tenant Improvements identified in the Final Working Drawings are agreed to on or before the Pharmacy - Approved Working Drawings Deadline on Schedule 1, then, as the parties’ sole remedy, all deadlines for Landlord’s and not previously shown in the Final Space Plan constitute Specialty Alterations Tenant’s performance shall be required to be removed extended by one (1) day for avoidance each day 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)delay until an agreement is reached.

Appears in 1 contract

Sources: Lease Agreement (HS Spinco, Inc.)

Final Working Drawings. After a Final Space Plan has been approved by Landlord Lessor and Tenant, Tenant its architect and engineers shall cause the Architect and the Engineers to complete the architectural and engineering drawings for the applicable portion of Work within the Premises, and cause the Architect to 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 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 County for Landlord's approval. Tenant shall supply Landlord with four (4) copies signed by Tenant of such Final Working Drawings for each particular portion of the Premises for Landlord's County’s approval, which such approval shall not to be unreasonably withheld, conditioned or delayed. Landlord County shall advise Tenant within five (5) business days after Landlord's receipt approve or reasonably disapprove any draft of the Final Working Drawings for each particular portion within seven (7) business days after County’s receipt thereof; provided, however, that (i) County shall not be entitled to disapprove any portion, component or aspect 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 advised that the Final Working Drawings which are not satisfactory or completeconsistent with the Final Space Plan unless (a) County agrees to pay for the 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, Tenant shall promptly revise Schedule 1 attached hereto and the Lease, and (ii) any disapproval of the Final Working Drawings in accordance with such review and by County shall be accompanied by a detailed written explanation of the reasons for County’s disapproval. Failure of County to reasonably disapprove any disapproval draft of Landlord in connection therewith, and Landlord shall approve or disapprove the resubmitted Final Working Drawings, based upon the criteria set forth in this Section 3.3, Drawings within five said seven (57) business days after Landlord receives such resubmitted Final Working Drawingsday period shall be deemed to constitute County’s approval thereof. Such procedure This process shall be repeated until the Final Working Drawings are have been approved. Landlord will notify Tenant concurrently with Landlord's ; it being agreed that County’s right to raise objections (following County’s initial review objections to Lessor’s first submission of the Final Work Drawings whether any new elements Working Drawings) shall be limited to (a) the revisions made to the previous submission of the Tenant Improvements identified in the Final Working Drawings and in 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 shown in a part of the Final Working Drawings 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 constitute Specialty Alterations or the Approved Working Drawings without the prior written consent of Lessor, which consent may be required 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 removed (determined by Lessor, to discuss the progress in connection with the same. The applicable dates for avoidance approval of doubtitems, Landlord may not specify any item which was identified 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 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 timeline in insufficient detail to allow Landlord to make a determination as to whether such item was a Specialty Alteration)Schedule 1.

Appears in 1 contract

Sources: Lease Agreement

Final Working Drawings. After a Based on the Final Space Plan has been approved by Plan, Landlord and Tenant, Tenant shall cause the Architect and the Engineers to complete the architectural and engineering drawings for the applicable portion of the Premises, and cause the Architect to 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 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 Tenant for Landlord's 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. Tenant shall supply Landlord with four (4) copies signed by Tenant of such approve or reasonably disapprove the Final Working Drawings for each particular portion of the Premises for Landlord's approval, which approval shall not be unreasonably withheld. Landlord shall advise Tenant or any revisions thereto within five three (53) business days after Landlord delivers the Final Working Drawings or any revisions thereto to Tenant; provided, however, that Tenant may only disapprove the Final Working Drawings to the extent the same are not (subject to changes reasonably required by Landlord's receipt ) in substantial conformance with the Final Space Plan (“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 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 advised that the Final Working Drawings are not satisfactory or complete, Tenant shall promptly revise the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith, and Landlord shall 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 receives such resubmitted Final Working Drawings. Such procedure shall be repeated until the Final Working Drawings are approved. Landlord will notify Tenant concurrently with Landlord's initial review of the Final Work Drawings whether any new elements of the Tenant Improvements identified in the Final Working 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)revisions.

Appears in 1 contract

Sources: Office Lease (Serena Software Inc)

Final Working Drawings. After a Final Space Plan has been approved by Landlord Lessor and Tenant, Tenant its architect and engineers shall cause the Architect and the Engineers to complete the architectural and engineering drawings for the applicable portion of the Premises, and cause the Architect to 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 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 County for Landlord's approval. Tenant shall supply Landlord with four (4) copies signed by Tenant of such Final Working Drawings for each particular portion of the Premises for Landlord's County’s approval, which such approval shall not to be unreasonably withheld, conditioned or delayed. Landlord County shall advise Tenant within five (5) business days after Landlord's receipt approve or reasonably disapprove any draft of the Final Working Drawings for each particular portion within seven (7) business days after County’s receipt thereof; provided, however, that (i) County shall not be entitled to disapprove any portion, component or aspect 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 advised that the Final Working Drawings which are not satisfactory or completeconsistent with the Final Space Plan unless (a) County agrees to pay for the additional cost (if any) resulting from such change in the Final Space Plan as part of the over-allowance amount pursuant to Section 2 below, Tenant and (b) County agrees that any such delays caused by such change(s) shall promptly revise be deemed a delay caused by the County for all purposes of this Work Letter, Schedule 1 attached hereto and the Lease, and (ii) any disapproval of the Final Working Drawings in accordance with such review and by County shall be accompanied by a detailed written explanation of the reasons for County’s disapproval. Failure of County to reasonably disapprove any disapproval draft of Landlord in connection therewith, and Landlord shall approve or disapprove the resubmitted Final Working Drawings, based upon the criteria set forth in this Section 3.3, Drawings within five said seven (57) business days after Landlord receives such resubmitted Final Working Drawingsday period shall be deemed to constitute County’s approval thereof. Such procedure This process shall be repeated until the Final Working Drawings are have been approved. Landlord will notify Tenant concurrently with Landlord's ; it being agreed that County’s right to raise objections (following County’s initial review objections to Lessor’s first submission of the Final Work Drawings whether any new elements Working Drawings) shall be limited to (a) the revisions made to the previous submission of the Tenant Improvements identified in the Final Working Drawings and in 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 shown in a part of the Final Working Drawings 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 constitute Specialty Alterations or the Approved Working Drawings without the prior written consent of Lessor, which consent may be required 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 be removed 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 (for avoidance 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 doubtoccupancy. No changes, Landlord may not specify any item which was identified modifications or alterations in the Final Space Plan but not so noted by Landlord during Landlord's review 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 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)Work.

Appears in 1 contract

Sources: Lease Agreement

Final Working Drawings. After a the Final Space Plan has been approved by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers Design Professionals to complete the architectural and engineering drawings for the applicable portion of the Premises, and cause the Architect to 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 applicable Tenant Improvements, (b) necessary for the Tenant Improvements for such portion 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 the Premises Atlanta, Georgia (collectively, with respect to each particular portion of the Premises, the "Final Working DrawingsFINAL 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 for each particular portion of the Premises for Landlord's approval, which approval shall not be unreasonably withheld. 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 Landlordfollowing 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 receipt of 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 each particular portion of the Premises if the same is are 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 advised that the Final Working Drawings are not satisfactory or complete, Tenant shall promptly (i) revise the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith, and Landlord shall approve or disapprove the resubmitted Final Working Drawings, based upon the criteria set forth in this Section 3.3, within five (5ii) business days after Landlord receives deliver such resubmitted Final Working Drawings. Such procedure shall be repeated until the revised Final Working Drawings are approvedto Landlord. Notwithstanding anything to the contrary herein, Landlord will notify Tenant concurrently with Landlord's initial review may withhold its approval of the Final Work Drawings whether any new elements of the Tenant Improvements identified in the proposed Final Working Drawings in Landlord's sole and not previously shown in absolute discretion with respect to any aspect of the proposed Final Working Drawings that is inconsistent with the Final Space Plan constitute Specialty Alterations be required to be removed or that may affect (for avoidance of doubt, Landlord may not specify any item which was identified in a) the Final Space Plan but not so noted by Landlord during Landlord's review structural elements or components of the Final Space Plan unless Landlord reasonably demonstrates that Building, or (b) any mechanical (including HVAC), electrical, plumbing, life safety, or sprinkler systems in or serving 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)Premises or any other part of the Building, (c) the exterior of the Building, or (d) the premises of any other tenant or occupant (including Landlord) of the Building.

Appears in 1 contract

Sources: Lease (Crawford & Co)