Common use of Preparation and Approval of Plans Clause in Contracts

Preparation and Approval of Plans. 2.1. Tenant shall cause the Tenant Improvements to be constructed pursuant to the Plans, as approved by Landlord. Tenant shall not perform or permit any Tenant Improvements except in accordance with Article 8 of the Lease and the provisions of this Exhibit C. Upon execution of the Lease, Landlord will furnish Tenant’s Architect with one (1) set of building “as-built” plans pertaining to the Premises to assist Tenant in preparing the Plans. Tenant shall perform a field verification to independently determine the specifications and dimensions of the Premises. 2.2. Tenant, at its cost and expense, shall be responsible for delivering to Landlord the Plans, together with any underlying information in such detail as Landlord may reasonably require to evaluate and approve the Plans. Landlord shall provide Tenant with written notice of Landlord’s comments on or approval of the Plans within ten (10) business days following Landlord’s receipt thereof. In the event Landlord does not approve Tenant’s Plans, Tenant shall, at its cost and expense, be responsible for resubmitting revised Plans for approval, and Landlord shall provide Tenant with written notice of Landlord’s comments on or approval of the revised Plans within ten (10) business days following Landlord’s receipt thereof. 2.3. Tenant shall not have the right to make any change in the Plans approved by Landlord, except with the prior, written consent of Landlord, which consent will not be unreasonably withheld, conditioned or delayed; provided, however, that as a condition of Landlord’s consent, Tenant shall consent to a change in the General Contractor’s Contract which increases the price under the General Contractor’s Contract on account of such change in the Plans, if applicable. 2.4. After the Plans are approved, Tenant shall enter into an agreement with the General Contractor (the “General Contractor’s Contract”) for the construction of the Tenant Improvements at Tenant’s sole cost and expense, which shall be on such terms and conditions, including but not limited to provisions with respect to insurance requirements, as shall be acceptable to Landlord in its sole and absolute discretion. 2.5. If Tenant desires to have installed or constructed any Tenant Improvements other than in accordance with the final Plans that Landlord has approved, each such proposed change must receive the prior written approval of Landlord (which approval will not be unreasonably withheld, conditioned or delayed), and in the event of Landlord’s approval of any proposed change to the final Plans, Tenant, upon completion of the installation and construction of the Tenant Improvements to which such change pertains, shall furnish Landlord with accurate “as built” plans and drawings of such Tenant Improvements as constructed and/or installed. 2.6. Except as may be otherwise expressly provided in this Exhibit C, nothing in this Exhibit C shall relieve Tenant of any obligation or duty that Tenant has under any provision of the Lease. The Plans shall conform to the requirements of applicable building, plumbing, electrical, fire protection and life safety codes and all other requirements of any authority having jurisdiction over, or with respect to, any work to be done pursuant to the Plans. Tenant alone shall be responsible for ensuring that all Plans, and work to be done pursuant to the Plans, conform to all such requirements, and notwithstanding that Landlord and/or its consultants may have reviewed and/or consented to any Plans and/or joined in any permit-application relating thereto, Landlord shall have no obligation or liability to Tenant or any third party in the event any such Plans, or the design, construction, installation or construction of any Tenant Improvements, fail to conform to such requirements.

Appears in 1 contract

Sources: Purchase and Sale Agreement (Gyrodyne, LLC)

Preparation and Approval of Plans. 2.1. Tenant Landlord shall cause the Tenant Improvements to be constructed pursuant to prepared drawings and specifications (“Working Drawings”) that are consistent with the Plans, as approved Project Scope and necessary for construction of the Improvements. Landlord warrants that the Working Drawings shall be prepared for the benefit of Landlord and Tenant by a licensed architect employed by Landlord’s General Contractor. Landlord shall deliver the Working Drawings to Tenant for Tenant’s review and approval (which approval shall not perform or permit any Tenant Improvements except in accordance with Article 8 of the Lease and the provisions of this Exhibit C. Upon execution be unreasonably withheld). For purposes of the Lease, Landlord will furnish Tenant’s Architect with one (1) set of building “as-built” plans pertaining to the Premises to assist Tenant in preparing the Plans. Tenant shall perform a field verification to independently determine the specifications and dimensions of the Premises. 2.2. Tenant, at its cost and expense, shall be responsible for delivering to Landlord the Plans, together with any underlying information in such detail as Landlord may reasonably require to evaluate and approve the Plans. Landlord shall provide Tenant with written notice of Landlord’s comments on or approval of the Plans within ten (10) business days following Landlord’s receipt thereof. In the event Landlord does not approve Tenant’s Plans, Tenant shall, at its cost and expense, be responsible for resubmitting revised Plans for approval, and Landlord shall provide Tenant with written notice of Landlord’s comments on or approval of the revised Plans within ten (10) business days following Landlord’s receipt thereof. 2.3. Tenant shall not have the right to require Landlord to make any change material modifications to the Project Scope, including material modifications to the Preliminary Plans. Any such material modifications or additional work beyond the Project Scope shall be governed by Section 4 of this Exhibit B. Tenant, acting reasonably and in good faith, shall have ten (10) business days from Landlord’s delivery of the Plans approved by Working Drawings to advise Landlord, except with in writing, as to whether or not Tenant desires any changes to the prior, written consent Working Drawings because of Landlord, which consent will not be unreasonably withheld, conditioned or delayed; provided, however, that as a condition of Landlord’s consentmaterial deviation from the Preliminary Plans. If Tenant fails to timely respond, Tenant shall consent automatically be deemed to have approved the Working Drawings. If Tenant timely requests a change to the Working Drawings (“Tenant’s Objection”), Tenant shall also, within such ten (10) business day period, advise Landlord, with reasonable specificity and detail, of Tenant’s Objection, and provided Landlord, in the General Contractor’s Contract which increases the price under the General Contractor’s Contract on account of its good faith reasonable discretion, determines and agrees that such requested change is necessary or appropriate, Landlord shall then use its reasonable efforts to incorporate such change in the Working Drawings as soon as reasonably practicable after delivery of Tenant’s Objection (without such change constituting additional work or a Change Order). Upon approval or deemed approval of the Working Drawings, those Working Drawings shall replace, be utilized and relied upon in lieu of the Preliminary Plans. The date on which Landlord and Tenant mutually agree upon the Working Drawings, if or the date on which Tenant is deemed to have approved them, whichever is applicable. 2.4, shall be referred to as the “Plans Approval Date”. After the Plans are approvedApproval Date, Tenant Landlord shall enter into an agreement with the General Contractor (the “General Contractor’s Contract”) for the construction of the Tenant Improvements at Tenant’s sole cost and expense, which shall be on such terms and conditions, including but not limited to provisions with respect to insurance requirements, as shall be acceptable to Landlord in its sole and absolute discretion. 2.5. If Tenant desires to have installed or constructed any Tenant Improvements other than in accordance with the final Plans that Landlord has approved, each such proposed change must receive the prior written approval of Landlord (which approval will not be unreasonably withheld, conditioned or delayed), and in the event of Landlord’s approval of required to make any proposed change changes to the final PlansWorking Drawings, Tenant, upon completion of except to the installation and construction of the Tenant Improvements to which such change pertains, shall furnish Landlord with accurate “as built” plans and drawings of such Tenant Improvements as constructed and/or installed. 2.6. Except as may be otherwise extent expressly provided set forth in this Exhibit C, nothing in this Exhibit C shall relieve Tenant of any obligation or duty that Tenant has under any provision of the Lease. The Plans shall conform to the requirements of applicable building, plumbing, electrical, fire protection and life safety codes and all other requirements of any authority having jurisdiction over, or with respect to, any work to be done pursuant to the Plans. Tenant alone shall be responsible for ensuring that all Plans, and work to be done pursuant to the Plans, conform to all such requirements, and notwithstanding that Landlord and/or its consultants may have reviewed and/or consented to any Plans and/or joined in any permit-application relating thereto, Landlord shall have no obligation or liability to Tenant or any third party in the event any such Plans, or the design, construction, installation or construction of any Tenant Improvements, fail to conform to such requirements.B.

Appears in 1 contract

Sources: Office Facility Lease (I Trax Inc)

Preparation and Approval of Plans. 2.1. Tenant Landlord shall cause the Tenant Improvements to be constructed pursuant prepared drawings and specifications at Landlord’s sole cost but as part of the project costs for the Improvements (“Working Drawings”) that are consistent with the Project Scope and necessary for construction of the Improvements. Landlord shall deliver the Working Drawings to the Plans, as approved by Landlord. Tenant for Tenant’s review and approval (which approval shall not perform or permit any Tenant Improvements except in accordance with Article 8 of the Lease and the provisions of this Exhibit C. Upon execution be unreasonably withheld). For purposes of the Lease, Landlord will furnish Tenant’s Architect with one (1) set of building “as-built” plans pertaining in the event Tenant requests material modifications to the Premises Project Scope, including material modifications to assist Tenant in preparing the Plans. Tenant Preliminary Plans or the Working Drawings, any such material modifications or additional work beyond the Project Scope shall perform a field verification to independently determine the specifications and dimensions be governed by Section 4 of the Premises. 2.2. this Exhibit B. Tenant, at its cost acting reasonably and expensein good faith, shall be responsible for delivering to Landlord the Plans, together with any underlying information in such detail as Landlord may reasonably require to evaluate and approve the Plans. Landlord shall provide Tenant with written notice of Landlord’s comments on or approval of the Plans within have ten (10) business days following from Landlord’s receipt thereofdelivery of the Working Drawings to advise Landlord, in writing, as to whether or not Tenant desires any changes to the Working Drawings. In If Tenant timely requests a change to the event Landlord does not approve Working Drawings (“Tenant’s PlansObjection”), Tenant shallshall also, at its cost and expense, be responsible for resubmitting revised Plans for approval, and Landlord shall provide Tenant with written notice of Landlord’s comments on or approval of the revised Plans within such ten (10) business days following Landlord’s receipt thereof. 2.3. Tenant shall not have the right to make any change in the Plans approved by day period, advise Landlord, except with the priorreasonable specificity and detail, written consent of LandlordTenant’s Objection, which consent will not be unreasonably withheldand provided Landlord determines and agrees that such requested change is necessary or appropriate, conditioned or delayed; provided, however, that as a condition of Landlord’s consent, Tenant Landlord shall consent then use its reasonable efforts to a change in the General Contractor’s Contract which increases the price under the General Contractor’s Contract on account of incorporate such change in the Working Drawings as soon as reasonably practicable after delivery of Tenant’s Objection. Notwithstanding the foregoing, if changes to the Working Drawings requested by Tenant are the result of Landlord’s failure to implement the Project Scope, or Landlord’s failure to cause the Working Drawings to comply with Applicable Laws in effect as of the date of the Preliminary Plans, if applicable. 2.4then such delay in changing the Working Drawings shall not be considered an Excused Delay. After the Working Drawings have been revised by Landlord, they shall be re-submitted to the Tenant for Tenant’s review and approval in accordance with the process set forth immediately above, except that the timeframes for Tenant’s review and approval shall be five (5) days. Upon approval or deemed approval of the Working Drawings, those Working Drawings shall replace, be utilized and relied upon in lieu of the Preliminary Plans. The date on which Landlord and Tenant mutually agree upon the Working Drawings shall be referred to as the “Plans Approval Date”. After the Plans are approvedApproval Date, Tenant Landlord shall enter into an agreement with the General Contractor (the “General Contractor’s Contract”) for the construction of the Tenant Improvements at Tenant’s sole cost and expense, which shall be on such terms and conditions, including but not limited to provisions with respect to insurance requirements, as shall be acceptable to Landlord in its sole and absolute discretion. 2.5. If Tenant desires to have installed or constructed any Tenant Improvements other than in accordance with the final Plans that Landlord has approved, each such proposed change must receive the prior written approval of Landlord (which approval will not be unreasonably withheld, conditioned or delayed), and in the event of Landlord’s approval of required to make any proposed change changes to the final PlansWorking Drawings, Tenant, upon completion of except to the installation and construction of the Tenant Improvements to which such change pertains, shall furnish Landlord with accurate “as built” plans and drawings of such Tenant Improvements as constructed and/or installed. 2.6. Except as may be otherwise extent expressly provided set forth in this Exhibit C, nothing in this Exhibit C shall relieve Tenant of any obligation or duty that Tenant has under any provision of the Lease. The Plans shall conform to the requirements of applicable building, plumbing, electrical, fire protection and life safety codes and all other requirements of any authority having jurisdiction over, or with respect to, any work to be done pursuant to the Plans. Tenant alone shall be responsible for ensuring that all Plans, and work to be done pursuant to the Plans, conform to all such requirements, and notwithstanding that Landlord and/or its consultants may have reviewed and/or consented to any Plans and/or joined in any permit-application relating thereto, Landlord shall have no obligation or liability to Tenant or any third party in the event any such Plans, or the design, construction, installation or construction of any Tenant Improvements, fail to conform to such requirements.B.

Appears in 1 contract

Sources: Industrial Building Lease (Cybex International Inc)

Preparation and Approval of Plans. 2.1Landlord has retained Architect to provide design services in connection with the Building Improvements and to perform contract administration. Tenant The fees of Architect in connection with the design and development of the Building Improvements shall be included in Total Project Costs. Landlord shall cause Architect, in consultation with Tenant and General Contractor, to prepare Working Drawings from the Tenant Improvements to be constructed pursuant Preliminary Plans on or prior to the Plansapplicable milestone date specified in the Schedule. “Working Drawings” shall mean such drawings and specifications, as approved by Landlord. Tenant shall not perform or design materials and other plans that are consistent with the Project Scope and necessary and sufficient to permit any Tenant the bidding of the work to subcontractors and material suppliers and to construct the Building Improvements except in accordance with Article 8 of the Lease all applicable laws, ordinances, rules and the provisions of this Exhibit C. Upon execution of the Lease, Landlord will furnish Tenant’s Architect with one (1) set of building “as-built” plans pertaining to the Premises to assist regulations. Except as otherwise approved by Tenant in preparing the Plans. Tenant writing (which approval shall perform a field verification to independently determine the specifications and dimensions of the Premises. 2.2. Tenant, at its cost and expense, shall be responsible for delivering to Landlord the Plans, together with any underlying information in such detail as Landlord may reasonably require to evaluate and approve the Plans. Landlord shall provide Tenant with written notice of Landlord’s comments on or approval of the Plans within ten (10) business days following Landlord’s receipt thereof. In the event Landlord does not approve Tenant’s Plans, Tenant shall, at its cost and expense, be responsible for resubmitting revised Plans for approval, and Landlord shall provide Tenant with written notice of Landlord’s comments on or approval of the revised Plans within ten (10) business days following Landlord’s receipt thereof. 2.3. Tenant shall not have the right to make any change in the Plans approved by Landlord, except with the prior, written consent of Landlord, which consent will not be unreasonably withheld, delayed or conditioned by Tenant), the Working Drawings prepared by Landlord shall represent a logical design and engineering progression of, and shall be consistent in all material respects with, the Preliminary Plans. Landlord shall use commercially reasonable efforts to deliver the Working Drawings to Tenant for Tenant’s review and approval on or delayed; provided, however, that as a condition of Landlord’s consent, Tenant shall consent prior to a change the milestone dated specified in the General Contractor’s Contract which increases the price under the General Contractor’s Contract on account of such change in the Plans, if applicable. 2.4. After the Plans are approved, Tenant shall enter into an agreement with the General Contractor (the “General Contractor’s Contract”) for the construction of the Tenant Improvements at Tenant’s sole cost and expense, which shall be on such terms and conditions, including but not limited to provisions with respect to insurance requirements, as shall be acceptable to Landlord in its sole and absolute discretion. 2.5. If Tenant desires to have installed or constructed any Tenant Improvements other than in accordance with the final Plans that Landlord has approved, each such proposed change must receive the prior written approval of Landlord Schedule (which approval will shall not be unreasonably withheld, conditioned or delayed). For purposes of the Lease and such approval, Tenant shall not have the right to require Landlord to make material modifications to the Project Scope, including material modifications to the Preliminary Plans or the Working Drawings. Any such material modifications or additional work beyond the Project Scope shall be governed by Section 4 of this Exhibit A. Tenant, acting reasonably and in good faith, shall have ten (10) business days from Landlord’s delivery of the Working Drawings to advise Landlord, in writing, as to whether or not Tenant accepts the Working Drawings. If Tenant fails to timely respond, Tenant shall automatically be deemed to have approved the Working Drawings. If Tenant timely requests changes to the Working Drawings (“Tenant’s Objection”), Tenant shall also, within such ten (10) business day period, advise Landlord, with reasonable specificity and detail, of Tenant’s Objection. If, upon receipt of any Tenant Objection, Landlord wishes to take exception thereto, Landlord may do so within five (5) business days after Landlord’s receipt of such Tenant’s Objection. In such event, Landlord shall deliver revised Working Drawings to Tenant prior to the expiration of such five (5) business day period appropriately reflecting those matters which were approved and disapproved by Landlord, and Tenant shall grant its approval or disapproval thereto, and/or state any further objections or proposed modifications, within three (3) business days after receipt thereof. After the first submission and resubmission, Landlord and Tenant agree to restrict further objections or disputes to matters which have not previously been agreed upon or accepted by the other party and, in any event, Tenant shall not have the event right to object to any Working Drawing or other plans and specifications prepared by Landlord unless the same represents a material departure from, and is not a logical design and engineering progression of, the Preliminary Plans or other plans previously approved by the parties. The parties shall, in all events, attempt to reach final agreement on the Working Drawings as soon as possible. Each party agrees that its failure to respond to a submission or resubmission within the above-referenced time frames shall constitute such party’s acceptance of Landlord’s the submission or resubmission in question, or, to the extent applicable, a delay caused by the delinquent party. Upon reaching final agreement of the Working Drawings, Landlord shall then cause Architect, in consultation with Tenant and General Contractor, to incorporate the agreed-upon changes into the Working Drawings as soon as reasonably practicable. Upon approval or deemed approval of the Working Drawings, those Working Drawings shall replace, be utilized and relied upon in lieu of the portion of the Preliminary Plans related to such approved Working Drawings. The date on which Landlord and Tenant mutually agree upon the Working Drawings, or the date on which the parties are deemed to have approved them, whichever is applicable, shall be referred to as the “Plans Approval Date”. After the Plans Approval Date, Landlord shall not be required to make any proposed change changes to the final PlansWorking Drawings, Tenant, upon completion of except to the installation and construction of the Tenant Improvements to which such change pertains, shall furnish Landlord with accurate “as built” plans and drawings of such Tenant Improvements as constructed and/or installed. 2.6. Except as may be otherwise extent expressly provided set forth in this Exhibit CA. Tenant’s review and approval of, nothing in this Exhibit C or failure to disapprove, any plans or specifications shall relieve Tenant of any obligation not constitute a representation or duty warranty that Tenant has under any provision such plans or specifications complies with applicable Legal Requirements and shall not constitute a waiver of the Lease. The Plans shall conform to the express requirements of applicable building, plumbing, electrical, fire protection and life safety codes and all other requirements of any authority having jurisdiction over, or with respect to, any work to be done pursuant to the Plans. Tenant alone shall be responsible for ensuring that all Plans, and work to be done pursuant to the Plans, conform to all such requirements, and notwithstanding that Landlord and/or its consultants may have reviewed and/or consented to any Plans and/or joined in any permit-application relating thereto, Landlord shall have no obligation or liability to Tenant or any third party in the event any such Plans, or the design, construction, installation or construction of any Tenant Improvements, fail to conform to such requirementsunder this Lease.

Appears in 1 contract

Sources: Lease Agreement (Thorne Healthtech, Inc.)

Preparation and Approval of Plans. 2.12.01. Tenant The Subtenant Work shall cause the Tenant Improvements to be constructed pursuant to the Plans, as approved by Landlord. Tenant shall not perform or permit any Tenant Improvements except performed in accordance with Article 8 of the Lease and the provisions of this Exhibit C. Upon execution of the LeaseBroadSoft’s request, Landlord MIASI will furnish Tenant’s Architect with BroadSoft one (1) set of building “as-built” plans pertaining to the Sublet Premises to assist Tenant BroadSoft in preparing the Plans. Tenant MIASI does not warrant the accuracy of such building plans, and MIASI shall not have any liability to BroadSoft, or anyone claiming through BroadSoft, as a result of any use of such building plans and specifications. BroadSoft shall perform a field verification to independently determine the specifications and dimensions of the Sublet Premises. 2.22.02. Tenant, at its cost and expense, All Subtenant Work shall be responsible for delivering to Landlord designed and constructed in accordance with the Plans, together with any underlying information Leasehold Improvements Standards set forth in such detail as Landlord may reasonably require to evaluate and approve the PlansExhibit C-1 attached hereto. Landlord shall provide Tenant with written notice of Landlord’s comments on or approval of the Plans within Within ten (10) business days following Landlordafter MIASI’s receipt thereof. In the event Landlord does not approve Tenant’s Plans, Tenant shall, at its cost and expense, be responsible for resubmitting revised Plans for approval, and Landlord shall provide Tenant with written notice of Landlord’s comments on or approval of the revised Plans within ten (10) business days following Landlord’s receipt thereof. 2.3. Tenant shall not have the right to make any change in the Plans approved by Landlord, except with the prior, written consent of Landlord, which consent will not be unreasonably withheld, conditioned or delayed; provided, however, that as a condition of Landlord’s consent, Tenant shall consent to a change in the General Contractor’s Contract which increases the price under the General Contractor’s Contract on account of such change in the Plans, MIASI shall provide BroadSoft with MIASI’s notice of approval or disapproval of the same. MIASI shall not unreasonably withhold its consent to the Plans; however, MIASI may withhold its consent if applicablein its good faith judgment, Subtenant’s Work would adversely affect the structure or systems of the Building or do not comply with the Leasehold Improvements Standards. Any notice of disapproval delivered by MIASI to BroadSoft shall set forth with reasonable particularity the reasons for such disapproval. Promptly upon receipt of the Plans, MIASI shall deliver the Plans to the Landlord for its review and approval in accordance with the Lease, and MIASI shall notify BroadSoft promptly upon receipt of such approval (or disapproval). 2.42.03. After BroadSoft shall complete the Subtenant’s Work in accordance with the Plans are approved, Tenant shall enter into an agreement with that have been approved by MIASI and the General Contractor (the “General Contractor’s Contract”) for the construction of the Tenant Improvements at Tenant’s sole cost and expense, which shall be on such terms and conditions, including but not limited to provisions with respect to insurance requirements, as shall be acceptable to Landlord in its sole and absolute discretion. 2.5Landlord. If Tenant BroadSoft desires to have installed install or constructed construct any Tenant Improvements Subtenant Work other than in accordance with the final Plans working drawings that MIASI and Landlord has have approved, each such proposed change must receive the prior written approval of MIASI and the Landlord (which approval will by MIASI shall not be unreasonably withheld, conditioned or delayed, and with respect to which MIASI shall provide BroadSoft written notice of approval or disapproval within ten (10) business days of MIASI’s receipt of BroadSoft’s written request for approval), and in the event of LandlordMIASI’s approval of any proposed change to the final Plansworking drawings, TenantBroadSoft, upon completion of the installation and construction of the Tenant Improvements Subtenant Work to which such change pertains, shall furnish Landlord MIASI with accurate “as built” plans and drawings of such Tenant Improvements Subtenant Work as constructed and/or installed. 2.62.04. Except as may be otherwise expressly provided Under no circumstances will BroadSoft, or any person acting on behalf or for BroadSoft, alter or modify or in this Exhibit Cany manner disturb any Base Building system or installation, nothing in this Exhibit C shall relieve Tenant of any obligation or duty that Tenant has under any provision of the Lease. The Plans shall conform to the requirements of applicable buildingincluding, plumbingbut not limited to, electricalBase Building plumbing system, Base Building electrical system, Base Building heating, ventilating, and air conditioning systems, Base Building fire protection and life safety codes systems, or Base Building structural systems without MIASI’s and all other requirements the Landlord’s prior written consent (which consent shall be given or withheld by MIASI within ten (10) business days after MIASI’s receipt of BroadSoft’s request for approval), except in accordance with Plans approved in writing by MIASI and Landlord. Only pursuant to MIASI’s express written permission and under direct supervision of MIASI or MIASI’s authorized representative shall BroadSoft, or any person acting on behalf of or for BroadSoft, alter or modify or in any manner disturb any Base Building system or installation which is located wholly or partially within the Sublet Premises, including, but not limited to, the electrical, plumbing, heating, ventilating, and air conditioning systems, and fire protection and life safety systems. For the purposes of this Section 2.04, “Base Building” shall mean that portion of any authority having jurisdiction over, building system or with respect to, component which is within the core and/or any work public area of the Building and/or is common to be done pursuant to and/or serves or exists for the Plans. Tenant alone shall be responsible for ensuring that all Plans, and work to be done pursuant to benefit of other tenants and/or subtenants in or systems of the Plans, conform to all such requirements, and notwithstanding that Landlord and/or its consultants may have reviewed and/or consented to any Plans and/or joined in any permit-application relating thereto, Landlord shall have no obligation or liability to Tenant or any third party in the event any such Plans, or the design, construction, installation or construction of any Tenant Improvements, fail to conform to such requirementsBuilding.

Appears in 1 contract

Sources: Sublease Agreement (Broadsoft Inc)

Preparation and Approval of Plans. 2.12.01. Tenant The Subtenant Work shall cause the Tenant Improvements to be constructed pursuant to the Plans, as approved by Landlord. Tenant shall not perform or permit any Tenant Improvements except performed in accordance with Article 8 of the Lease and the provisions of this Exhibit C. Upon execution of the LeaseSubtenant’s request, Landlord Sublandlord will furnish Tenant’s Architect with one (1) set Subtenant a copy of any building plans and any as-as built” plans and drawings pertaining to the Subleased Premises that are in Sublandlord’s possession or control to assist Tenant Subtenant in preparing the Plans. Tenant Sublandlord does not warrant the accuracy of such building plans, and Sublandlord shall not have any liability to Subtenant, or anyone claiming through Subtenant, as a result of any use of such building plans. Subtenant shall perform a field verification to independently determine the specifications and dimensions of the Subleased Premises. 2.22.02. Tenant, at its cost and expense, shall be responsible for delivering to Landlord the Plans, together with any underlying information in such detail as Landlord may reasonably require to evaluate and approve the Plans. Landlord shall provide Tenant with written notice of Landlord’s comments on or approval of the Plans within Within ten (10) business days following Landlordafter Sublandlord’s receipt thereofof the Plans or other information requiring Sublandlord’s approval pursuant to this Exhibit C, Sublandlord shall provide Subtenant with Sublandlord’s notice of approval or disapproval of the same. In Any notice of disapproval delivered by Sublandlord to Subtenant shall set forth with reasonable particularity the event Landlord does not approve Tenant’s Plans, Tenant shall, at its cost and expense, be responsible reasons for resubmitting revised Plans such disapproval. ▇▇▇▇▇▇ ▇. ▇▇▇ shall manage the construction process on behalf of Subtenant. Subtenant shall reimburse Sublandlord for approval(i) any amounts charged to Sublandlord or due from Sublandlord under the Prime Lease in connection with the Subtenant Work, and Landlord shall provide Tenant (ii) any and all other out of pocket expenses incurred by Sublandlord (including, without limitation, the fees and costs of engineers, consultants, and attorneys) in connection with written notice of Landlord’s comments on or approval of the revised Plans within ten (10) business days following Landlord’s receipt thereofSubtenant Work. 2.32.03. Tenant Subtenant shall not have complete the right to make any change Subtenant Work in accordance with the Plans which have been approved by Landlord, except with the prior, written consent of Landlord, which consent will not be unreasonably withheld, conditioned or delayed; provided, however, that as a condition of Landlord’s consent, Tenant shall consent to a change in the General Contractor’s Contract which increases the price under the General Contractor’s Contract on account of such change in the Plans, if applicable. 2.4. After the Plans are approved, Tenant shall enter into an agreement with the General Contractor (the “General Contractor’s Contract”) for the construction of the Tenant Improvements at Tenant’s sole cost and expense, which shall be on such terms and conditions, including but not limited to provisions with respect to insurance requirements, as shall be acceptable to Landlord in its sole and absolute discretion. 2.5Sublandlord. If Tenant Subtenant desires to have installed install or constructed construct any Tenant Improvements Subtenant Work other than in accordance with the final Plans working and final shop drawings that Landlord Sublandlord has approved, each such proposed change must receive the prior written approval of Landlord Sublandlord (which approval will shall not be unreasonably withheld, conditioned or delayed, and with respect to which Sublandlord shall provide Subtenant written notice of approval or disapproval within ten (10) business days of Sublandlord’s receipt of Subtenant’s written request for approval), and in the event of LandlordSublandlord’s approval of any proposed change to the final Plansworking or final shop drawings, TenantSubtenant, upon completion of the installation and construction of the Tenant Improvements Subtenant Work to which such change pertains, shall furnish Landlord Sublandlord with accurate “as built” plans and drawings of such Tenant Improvements Subtenant Work as constructed and/or installedinstalled if Subtenant has made alterations to, or installed new, walls, ductwork, electrical lines or systems, or plumbing lines or systems. 2.62.04. Except as may be otherwise expressly provided Under no circumstances will Subtenant, or any person acting on behalf or for Subtenant, alter or modify or in this Exhibit C, nothing in this Exhibit C shall relieve Tenant of any obligation manner disturb any system or duty that Tenant has under any provision installation of the Lease. The Plans shall conform to the requirements of applicable buildingBuilding, plumbingincluding, electricalbut not limited to, Base Building plumbing system, Base Building electrical system, Base Building heating, ventilating, and air conditioning systems, Base Building fire protection and life safety codes systems, Base Building maintenance systems, Base Building structural systems, elevators, located within the central core or other public areas of the Building without Sublandlord’s prior written consent (which consent shall be given or withheld within ten (10) business days after Sublandlord’s receipt of Subtenant’s request for approval), except in accordance with Plans approved in writing by Sublandlord and permitted pursuant to Article XXVI of the Prime Lease. Sublandlord, at Subtenant’s cost and expense, shall take all other requirements reasonable actions that may be necessary to permit Subtenant access to the Building’s risers and telecommunications closets in order for Subtenant to install the information technology systems permitted pursuant to this Sublease. Only pursuant to Sublandlord’s express written permission and under direct supervision of Sublandlord or Sublandlord’s authorized representative shall Subtenant, or any person acting on behalf of or for Subtenant, alter or modify or in any manner disturb any system or installation of the Building which is located wholly or partially within the Subleased Premises, including, but not limited to, the electrical, plumbing, heating, ventilating, and air conditioning systems, and fire protection and life safety systems. For the purposes of this Section 2.04, “Base Building” shall mean that portion of any authority having jurisdiction over, building system or with respect to, component which is within the core and/or any work public area of the Building and/or is common to be done pursuant to and/or serves or exists for the Plans. Tenant alone shall be responsible for ensuring that all Plans, and work to be done pursuant to benefit of other Subtenants in or systems of the Plans, conform to all such requirements, and notwithstanding that Landlord and/or its consultants may have reviewed and/or consented to any Plans and/or joined in any permit-application relating thereto, Landlord shall have no obligation or liability to Tenant or any third party in the event any such Plans, or the design, construction, installation or construction of any Tenant Improvements, fail to conform to such requirementsBuilding.

Appears in 1 contract

Sources: Sublease (Capitalsource Inc)