Preparation of Plans and Specifications. A. Within thirty (30) days after execution of this Lease, Landlord will prepare and forward to Tenant a preliminary plan of the Demised Premises and Landlord's Design Criteria. B. Tenant shall, within thirty (30) days after the receipt by Tenant of the aforesaid preliminary plan or the Lease execution date, submit to Landlord for approval complete architectural and engineering plans and specifications of the Demised Premises conforming to Landlord's Design Criteria, prepared by licensed architects and engineers approved in writing by Landlord, describing all work which under this Lease is to be performed by Tenant and showing in sufficient detail the location of all utilities, partitions, store fronts and any other matters which may affect the construction work to be performed by Landlord in the Demised Premises and in the Shopping Center. C. The plans and specifications submitted by Tenant for Landlord's approval shall without limitation: 1. Include detailed drawings and specifications of all mechanical, plumbing, fire protection and electrical installations which shall be connected by Tenant to the utilities and systems installed by Landlord. 2. Show in complete detail all items which will affect the appearance of the building and its architectural, structural, mechanical and electrical components. 3. Comply with all applicable laws, codes, rules and regulations and with Landlord's Design Criteria, a copy of which is incorporated herein by reference and made part hereof. 4. Comply with the applicable standards of the American Insurance Association, the National Electrical Code, the American Gas Association, the American Society of Heating and Air-Conditioning Engineers, the National or State Board of Fire Underwriters, Insurance Service Office and Factory Mutual Insurance Association, and the governing building, plumbing, fire and electrical underwriter requirements. 5. Include suitable instructions and provisions so as to comply with all of the requirements of this Exhibit "B". 6. Specify materials and equipment to avoid, wherever possible, any exclusive manufacturer's designation and to permit a maximum range of selection. 7. Tenant shall be responsible for the preparation of all plans and drawings and shall submit such plans, drawings and specifications to the appropriate governing authority for approval. Tenant shall be responsible for all permits, fees, and inspections and shall apply for and obtain a Certificate of Occupancy and deliver same to Landlord prior to occupancy by Tenant of the Demised Premises. D. Within ten (10) days after Landlord receives Tenant's initial set of plans, Landlord will review and return to Tenant, Tenant's plans and specifications either marked approved or marked to show the corrections required (in which event such marked-up plans shall be deemed approved, as marked up), or Landlord will give Tenant written notice of disapproval of Tenant's plans together with the reasons therefor. In the event Landlord gives Tenant notice of disapproval together with the reasons therefor, Tenant shall have ten (10) days from the date of such notice of disapproval by Landlord to submit revised Tenant's plans subject to subsequent mark-ups and/or disapprovals and corrections in the manner s▇▇ ▇orth above. E. Upon completion and written approval by Landlord of final plans and specifications, Tenant shall employ reputable and licensed contractor and subcontractors, to complete the Demised Premises in accordance with said approved plans and specifications, and such contractor and subcontractors shall commence work as hereinafter provided. F. If Tenant fails or omits to make timely submission to Landlord of any plans or specifications or delays in submitting or supplying information or in giving authorizations or in performing or completing Tenant's work, Landlord, after twenty (20) days' written notice to Tenant, in addition to any right or remedy may have at law or in equity, may pursue any one or more of the following remedies: 1. Landlord may give written notice to Tenant (notwithstanding that such notice is not otherwise required hereunder) that the Lease term will be deemed to have commenced, on the date, to be therein specified, when the same would have commenced if Tenant had made timely submission or supply of plans, specification, estimates or other information or approval of any thereof and on and after the date so specified Landlord shall be entitled to be paid the rent and any other charges which are payable hereunder by Tenant during the Lease term, including, but not limited to, the sums set forth in Section 1.02 hereof; and 2. Landlord may require Tenant to pay to Landlord as additional rent hereunder the cost to Landlord of completing the Demised Premises in accordance with the terms of this Lease over and above what would have been such cost had there been no such failure, omission or delay; and 3. In exercising any of the foregoing remedies set forth in Section VII.F.I. and VII.F.2. above, Landlord shall be entitled to retain and have recourse to any bond or security deposit provided by Tenant.
Appears in 1 contract
Preparation of Plans and Specifications. A. Within thirty Landlord and Tenant have reached agreement on a basic design plan and approved finishes for the buildout of leasehold improvements within the Premises (30the “Approved Design Plan”) a copy of which is attached as Schedule C-1 hereto and made a part hereof. To the extent not included within the Approved Design Plan, Tenant shall, within five (5) days after the execution of this Lease, Landlord will prepare and forward to Tenant a preliminary plan of the Demised Premises and Landlord's Design Criteria.
B. Tenant shall, within thirty (30) days after the receipt by Tenant of the aforesaid preliminary plan or the Lease execution date, submit to Landlord all additional information (the “Plans Information”) needed in order for approval Landlord’s architects, engineers and/or other construction personnel (“Landlord’s Architect”) to prepare architectural plans, drawings and finishes for the Premises based upon the Approved Design Plan. The “Plans Information” shall include, without limitation, (a) a complete architectural list in tabular form of the Tenant’s special equipment, including the quantities and engineering plans locations of the following: personal and other computers and office equipment, continuously operating electric motors, copiers, any exhaust requirements indicating circuits and/or “clean” power, grounding requirements, and any future load that Tenant requires or anticipates requiring (and, in addition to quantities and locations, Tenant shall provide the name, manufacturer, model number, voltage, phase, full load amperage, ▇▇▇▇▇ or horsepower, heat output in BTU plumbing connection requirements, and any special operating temperature and humidity requirements and any other special requirements for any other special equipment), (b) a designation of any areas of high density occupancy, twenty-four hour cooling requirements, and any special light switching requirements, (c) a designation of the locations of and specifications of the Demised Premises conforming for all MEP equipment to be installed in all spaces, all partitions, doors, lighting fixtures, electric receptacles and switches, telephone outlets, and special air conditioning and other improvements to be installed by Landlord's Design Criteria, prepared by licensed architects and engineers approved (d) any other information reasonably requested in writing by Landlord’s architect. Concurrently with delivery of the Plans Information to Landlord, describing all work which under this Lease is Tenant shall by written notice to Landlord designate a single individual (who may be performed changed by Tenant at any time upon giving. Landlord prior written notice thereof) who Tenant agrees shall be available to meet and showing in sufficient detail consult with Landlord at the location of all utilities, partitions, store fronts and any other Premises as Tenant’s Representative (“Tenant’s Representative) respecting the matters which may affect are the construction work to be performed by Landlord in the Demised Premises and in the Shopping Center.
C. The plans and specifications submitted by Tenant for Landlord's approval shall without limitation:
1. Include detailed drawings and specifications of all mechanical, plumbing, fire protection and electrical installations which shall be connected by Tenant to the utilities and systems installed by Landlord.
2. Show in complete detail all items which will affect the appearance of the building and its architectural, structural, mechanical and electrical components.
3. Comply with all applicable laws, codes, rules and regulations and with Landlord's Design Criteria, a copy of which is incorporated herein by reference and made part hereof.
4. Comply with the applicable standards of the American Insurance Association, the National Electrical Code, the American Gas Association, the American Society of Heating and Air-Conditioning Engineers, the National or State Board of Fire Underwriters, Insurance Service Office and Factory Mutual Insurance Association, and the governing building, plumbing, fire and electrical underwriter requirements.
5. Include suitable instructions and provisions so as to comply with all of the requirements subject of this Exhibit "B".
6. Specify materials C and equipment who shall have the power to avoidlegally bind Tenant with respect to notices from Tenant to Landlord making requests for and approving changes, wherever possiblegiving approval of plans or work, any exclusive manufacturer's designation or giving directions to Landlord under this Exhibit C. If Tenant fails to provide all necessary Plans Information, Landlord or Landlord’s Architect shall so notify Tenant, and to permit a maximum range of selection.
7. Tenant shall be responsible for the preparation of all plans and drawings and shall submit such plans, drawings and specifications to the appropriate governing authority for approval. Tenant shall be responsible for all permits, fees, and inspections and shall apply for and obtain a Certificate of Occupancy and deliver same to Landlord prior to occupancy by Tenant of the Demised Premises.
D. Within ten within three (103) days after Landlord receives Tenant's initial set notification. Any period of plans, Landlord will review and return to Tenant, Tenant's plans and specifications either marked approved or marked to show the corrections required (in which event such marked-up plans shall be deemed approved, as marked up), or Landlord will give Tenant written notice of disapproval of Tenant's plans together with the reasons therefor. In the event Landlord gives Tenant notice of disapproval together with the reasons therefor, Tenant shall have ten (10) days from the date of such notice of disapproval by Landlord to submit revised Tenant's plans subject to subsequent mark-ups and/or disapprovals and corrections in the manner s▇▇ ▇orth above.
E. Upon completion and written approval by Landlord of final plans and specifications, Tenant shall employ reputable and licensed contractor and subcontractors, to complete the Demised Premises in accordance with said approved plans and specifications, and such contractor and subcontractors shall commence work as hereinafter provided.
F. If Tenant fails or omits to make timely submission to Landlord of any plans or specifications or delays in submitting or supplying information or in giving authorizations or in performing or completing Tenant's work, Landlord, after twenty (20) days' written notice to Tenant, in addition to any right or remedy may have at law or in equity, may pursue any one or more of the following remedies:
1. Landlord may give written notice to Tenant (notwithstanding that such notice is not otherwise required hereunder) that the Lease term will be deemed to have commenced, on the date, to be therein specified, when the same would have commenced if Tenant had made timely submission or supply of plans, specification, estimates or other information or approval of any thereof and on and after the date so specified Landlord shall be entitled to be paid the rent and any other charges which are payable hereunder by Tenant during the Lease term, including, but not limited to, the sums set forth in Section 1.02 hereof; and
2. Landlord may require Tenant to pay to Landlord as additional rent hereunder the cost to Landlord of completing the Demised Premises in accordance with the terms of this Lease over and above what would have been such cost had there been no such failure, omission or delay; and
3. In exercising any of the foregoing remedies set forth in Section VII.F.I. and VII.F.2. above, Landlord shall be entitled to retain and have recourse to any bond or security deposit provided delay caused by Tenant’s failure to provide all the Plans Information when required above shall constitute a “Tenant Delay” hereunder.
Appears in 1 contract