Common use of Required Items Clause in Contracts

Required Items. Tenant shall submit to Landlord, for Landlord’s written approval the following items (hereinafter collectively referred to as “Required Items”). Section 2.01. Complete detailed drawings and specifications in sufficient detail for Tenant to obtain all necessary building permits (hereinafter collectively referred to as “Plans”) for all Tenant Improvements. For avoidance of doubt, while Tenant shall be required upon completion to provide a complete set of “As-Built” Plans, Tenant shall have the right from time to time to submit Plans to Landlord with respect to a particular portion or portions of the Tenant Improvements. Section 2.02. Prior to the commencement of Tenant Improvements, Tenant shall submit certificates evidencing all insurance required to be carried by Tenant or its contractors under the Lease naming Landlord, Landlord’s lender, and any other party requested by Landlord, as additional insureds under such policy. Section 2.03. Tenant must obtain Landlord’s written approval of the Required Items for an applicable portion of the Tenant Improvements prior to commencing work on such portion of the Tenant Improvements at the Premises. Landlord’s consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Landlord may withhold consent to any Plans if such Plans show that the applicable Tenant Improvements would: (i) directly or indirectly delay LI Substantial Completion, unless Tenant agrees that any such delay shall constitute a Tenant Delay; (ii) be of a quality lower than the quality of the Landlord’s Improvements set forth in the Specifications for Landlord’s Improvements; (iii) violate any Applicable Laws and/or (iv) result in the Building being reclassified from its current classification as warehouse/industrial use, unless Tenant agrees to pay the reasonable costs of restoration at the end of the Lease Term. Landlord shall have ten (10) business days from receipt of Plans to provide its approval or describe in reasonable detail the reasons for its disapproval. Failure of Landlord to respond to a request for approval of Plans within such ten (10) business day period shall be deemed Landlord’s approval thereof. A response from Landlord seeking clarification of Tenant’s Plans shall not be deemed a failure to respond if delivered within the foregoing review period. Landlord’s approval of Tenant’s Plans shall not constitute an affirmation by Landlord that they conform to Applicable Law or impose any liability whatsoever on Landlord. Section 2.04. Tenant has provided a preliminary depiction of the Tenant Improvements, which is attached hereto as Exhibit E-1 (“Tenant’s Preliminary Plans”). Landlord hereby approves the general interior layout of Tenant’s Preliminary Plans, subject to Tenant’s receipt of all necessary government approvals and Tenant’s compliance with all Applicable Laws and the CC&Rs, and subject to further review and approval of the Plans therefor. Landlord shall retain its approval right with respect to any detail element which is not depicted or included in Tenant’s Preliminary Plans.

Appears in 2 contracts

Sources: Lease Agreement (Blue Apron Holdings, Inc.), Lease Agreement (Blue Apron Holdings, Inc.)