Selection of Architect/Construction Drawings. Tenant shall retain an architect/space planner approved by Landlord (the "Architect") (which approval shall not be unreasonably withheld or conditioned, and shall be granted or denied within five (5) business days after written request therefor from Tenant is received by Landlord) to prepare the Construction Drawings for the New Tenant Improvements. Tenant shall retain engineering and 804296.08/LAH4321-047/10-7/08/nng/law EXHIBIT ▇-▇▇- ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇[▇▇▇▇▇ ▇▇▇▇ Lease] other consultants reasonably approved by Landlord (collectively, the "Engineers") (which approval shall not be unreasonably withheld or conditioned, and shall be granted or denied within five (5) business days after written request therefor from Tenant is received by Landlord) to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing, HVAC, lifesafety, and sprinkler work in connection with the New Tenant Improvements, which work is not part of the Landlord Work; provided, however, Tenant shall use the same structural and mechanical/life safety system engineers (collectively, the "Key Engineers") engaged by Landlord for structural and mechanical/life safety system work (as applicable) with respect to the Building to prepare the engineering plans and drawings ("Key Engineering Plans'') for such work for the Premises, so long as such engineers agree to meet the schedule set forth in this Tenant Work Letter for preparing same, and Landlord shall cause such engineers to charge fees for their services which are competitive with the fees charged for comparable services in Comparable Buildings. Alternatively, Tenant may select, subject to Landlord's prior approval, which shall not be unreasonably withheld or delayed, Key Engineers of its own choosing to prepare the Key Engineering Plans in which case Tenant shall reimburse Landlord, out of the Tenant Improvement Allowance, for the amounts Landlord pays engineers of its choosing to review the Key Engineering Plans. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the "Construction Drawings." Unless otherwise approved or designated by Landlord, all Construction Drawings shall comply with the drawing format and specifications attached hereto as Schedule 2. In connection therewith, Landlord shall supply Tenant with blue-line floorplate backgrounds and Building standard details. Tenant and Architect shall verify, in the field, the dimensions and conditions as shown on the relevant portions of the base building plans (including the Landlord Work), and Tenant and Architect shall be solely responsible for the same, and Landlord shall have no responsibility in connection therewith. Landlord's review of the Construction Drawings as set forth in this Section 3, shall be for its sole purpose and shall not imply Landlord's review of the same, or obligate Landlord to review the same, for quality, design, Code compliance or other like matters. Accordingly, notwithstanding that any Construction Drawings are reviewed by Landlord or its space planner, architect, engineers and consultants, and notwithstanding any advice or assistance which may be rendered to Tenant by Landlord or Landlord's space planner, architect, engineers, and consultants, Landlord shall have no liability whatsoever in connection therewith and shall not be responsible for any omissions or errors contained in the Construction Drawings, except to the extent Landlord has specifically requested a modification to the Construction Drawings as a condition to Landlord's approval thereof (it being understood that nothing in this Section 3.1 shall relieve Landlord from its repair and maintenance obligations under the Lease). Construction Drawings for each of the Full TI Floors may be submitted separately to Landlord for its review and approval.
Appears in 1 contract
Sources: Office/Retail Lease (KBS Real Estate Investment Trust II, Inc.)
Selection of Architect/Construction Drawings. Tenant shall retain an architect/space planner approved by Landlord (the "Architect") (which approval shall not be unreasonably withheld or conditioned, and shall be granted or denied within five (5) business days after written request therefor from Tenant is received by Landlord) to prepare the Construction Drawings for the New Tenant Improvementshas retained ▇. Tenant shall retain engineering and 804296.08/LAH4321-047/10-7/08/nng/law EXHIBIT ▇-▇▇- ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇[▇▇▇▇▇ ▇▇▇▇ Lease] other & Associates Design (the “Architect”) as the architect/space planner to prepare the space plan for the Premises (“Final Space Plan”), which is attached hereto as Schedule 3. Landlord shall retain the Architect to prepare the “Construction Drawings,” as that term is defined in this Section 3.1. Landlord shall also retain the engineering consultants reasonably approved by Landlord (collectively, the "“Engineers") (which approval shall not be unreasonably withheld or conditioned, and shall be granted or denied within five (5) business days after written request therefor from Tenant is received by Landlord”) to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing, HVAC, lifesafetylife safety, and sprinkler work in connection with the New Tenant Improvements, which work is not part of the Landlord Work; provided, however, Tenant shall use the same structural and mechanical/life safety system engineers (collectively, the "Key Engineers") engaged by Landlord for structural and mechanical/life safety system work (as applicable) with respect to the Building to prepare the engineering plans and drawings ("Key Engineering Plans'') for such work for the Premises, so long as such engineers agree to meet the schedule set forth in this Tenant Work Letter for preparing same, and Landlord shall cause such engineers to charge fees for their services which are competitive with the fees charged for comparable services in Comparable Buildings. Alternatively, Tenant may select, subject to Landlord's prior approval, which shall not be unreasonably withheld or delayed, Key Engineers of its own choosing to prepare the Key Engineering Plans in which case Tenant shall reimburse Landlord, out of the Tenant Improvement Allowance, for the amounts Landlord pays engineers of its choosing to review the Key Engineering PlansImprovements. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the "“Construction Drawings." Unless ” Notwithstanding that the Final Space Plan shows a private lobby on the first floor of the Building for private access by Tenant and its employees and invitees only, Tenant acknowledges and agrees that the County of Orange (“County”) or other governmental agencies with jurisdiction over the Building may require, or it may otherwise approved be required by applicable law (including, without limitation, Title XXIV of the Uniform Building Code, as adopted by the County, and the Americans with Disabilities Act of 1990, as amended) or designated Landlord may otherwise desire in its reasonable discretion, that such lobby be maintained as a common entrance to the Building for ingress and egress to and from the Building by Landlordthe disabled or by other pick-up, delivery or other service providers for other tenants of the Building (excluding, however, use by other tenants of the Building for purposes of moving furniture or other equipment in or out of the Building in connection with such tenants’ moving into or out of the Building at the commencement or expiration of their lease term). If the County or such other governmental agencies require, or if Landlord otherwise determines it is required by applicable law or that Landlord otherwise desires in its reasonable discretion, that the first floor lobby be maintained as a common entrance to the Building, Tenant agrees that the first floor lobby be maintained at all Construction Drawings shall times during Tenant’s business hours for access to the Building by the disabled or by other pickup, delivery or other service providers for other tenants of the Building. Further, if the County or such other governmental agencies require, or if Landlord otherwise determines it is required by applicable law that a common area corridor be constructed such that the first floor lobby be maintained as a common entrance to the Building at all times (and not just during Tenant’s business hours), Tenant agrees that Landlord may make any changes to the lobby area, both before the Lease Term and during the Lease Term, in order to comply with such requirements of the drawing format County, other governmental agencies or applicable law, as the case may be. All such changes shall be at Landlord’s cost and specifications attached hereto as Schedule 2expense. In connection therewiththe event Landlord constructs the common area corridor as part of the first floor lobby area, Landlord such common area corridor shall supply Tenant with blue-line floorplate backgrounds and be deemed to be part of the “Common Area” of the Building standard details. Tenant and Architect shall verifyupon the completion of such corridor, in which case (a) Tenant’s Base Rent and Tenant’s Share of Direct Expenses shall be adjusted in accordance with the field, reduction in the dimensions and conditions as shown on the relevant portions rentable square feet of the base building plans Premises resulting from the conversion of such area into “Common Area” (including as determined in accordance with Section 1.2 of the Landlord WorkLease), and Tenant (b) the common area corridor shall then be available to all persons for access to and Architect shall be solely responsible for from the same, and Landlord shall have no responsibility in connection therewith. Landlord's review of the Construction Drawings as set forth in this Section 3, shall be for its sole purpose and shall not imply Landlord's review of the same, or obligate Landlord to review the same, for quality, design, Code compliance or other like matters. Accordingly, notwithstanding that Building without any Construction Drawings are reviewed by Landlord or its space planner, architect, engineers and consultants, and notwithstanding any advice or assistance which may be rendered to Tenant by Landlord or Landlord's space planner, architect, engineers, and consultants, Landlord shall have no liability whatsoever in connection therewith and shall not be responsible for any omissions or errors contained in the Construction Drawings, except to the extent Landlord has specifically requested a modification to the Construction Drawings as a condition to Landlord's approval thereof (it being understood that nothing in this Section 3.1 shall relieve Landlord from its repair and maintenance obligations under the Lease). Construction Drawings for each of the Full TI Floors may be submitted separately to Landlord for its review and approvallimitations.
Appears in 1 contract
Sources: Lease Agreement (Buy Com Inc)