eTrade 2000 Annual Report Download - page 205

Improvements shall be constructed by Tenant’ s Contractor in accordance with plans and specifications prepared by Tenant’ s Architect
(each as defined below). Tenant’ s construction of the Tenant Improvements is hereinafter referred to as the “Tenant Improvement
Work.”
3.2 Costs . Except for Landlord’ s obligation to pay to Tenant the Tenant Improvement Allowance pursuant to Section 4 below, Tenant
shall be responsible for all costs incurred in connection with the construction of the Tenant Improvements, including (i) the cost of all
labor, materials, equipment and fixtures supplied by Tenant’ s Contractor or any subcontractors or materialmen, (ii) fees paid to
engineers, architects and interior design specialists for preparation of the Preliminary Plans and Working Drawings and all other
services supplied to Tenant in connection with the Tenant Improvements, (iii) all taxes, fees, charges and levies by governmental
agencies for authorizations, approvals, licenses or permits, (iii) fees paid to utility service providers for utility connections and
installation of utility service meters, and (iv) all costs req uired to comply with any governmental requirements triggered as a result of
Tenant’ s construction of the Tenant Improvements.
3.3 Tenant’ s Architect and Contractor . Tenant shall notify Landlord in writing of the name of the architect that Tenant proposes to use
to prepare the plans and specifications and working drawings for the Tenant Improvements and the name of the contractor that Tenant
proposes to use to construct the Tenant Improvements. In addition, Tenant shall deliver to Landlord any information reasonably
requested by Landlord concerning the proposed architect or contractor. The architect and the contractor proposed by Tenant must each
be approved by Landlord in writing, which approval may not be unreasonably withheld. The architect selected by Tenant and
approved by Landlord in connection with the Tenant Improvement Work is hereinafter referred to as “Tenant’ s Architect”. The
contractor selected by Tenant and approved by Landlord in conn ection with the Tenant Improvement Work is hereinafter referred to
as “Tenant’ s Contractor”. Both Tenant’ s Architect and Tenant’ s Contractor must be licensed to do business in California. At
Landlord’ s option, Tenant’ s Contractor shall be bondable.
3.4Construction.
3.4.1 Preliminary Plans . Tenant shall arrange for Tenant’ s Architect to prepare preliminary plans and specifications (the “Preliminary
Plans”) of the proposed Tenant Improvements and submit the Preliminary Plans to Landlord for Landlord’ s review and approval.
Landlord shall approve or disapprove of the Preliminary Plans by written notice to Tenant within five (5) business days after
Landlord’ s receipt of the Preliminary Plans. Landlord shall not unreasonably withhold its approval of the Preliminary Plans. If
Landlord disapproves the Preliminary Plans, Landlord’ s written notice to Tenant disapproving of the Preliminary Plans shall include
(i) a description of the disapproved element of the Preliminary Plans, (ii) the reasons for Landlord’ s disapproval and (iii) at Landlord’ s
option, suggested modifications to the Preliminary Plans. If Landlord disapproves
of the Preliminary Plans, Tenant shall arrange for Tenant’ s Architect to revise the Preliminary Plans to address Landlord’ s comments
and/or incorporate Landlord’ s suggested modifications (if any) and resubmit the Preliminary Plans to Landlord for Landlord’ s review
and approval. Landlord shall review the revised Preliminary Plans and approve or disapprove of the revised Preliminary Plans within
three (3) business days after Landlord’ s receipt thereof in accordance with the procedure provided above. If Landlord fails to respond
to Tenant’ s request for approval or disapproval of the Preliminary Plans within the time periods provided for above, such approval
shall be deemed to have been given.
3.4.2 Working Drawings . Subject to obtaining Landlord’ s approval of the Preliminary Plans, Tenant shall arrange for Tenant’ s
Architect to prepare working drawings and specifications, including architectural, mechanical, electrical, plumbing and other shop
drawings (the “Working Drawings”) for the Tenant Improvements. The Working Drawings shall be based on the Preliminary Plans
approved by Landlord. Landlord shall approve or disapprove of the Working Drawings by written notice to Tenant within five (5)
business days after Landlord’ s receipt of the Working Drawings. Landlord shall not unreasonably withholds its approval of the
Working Drawings. If Landlord disapproves the Working Drawings, Landlord’ s written notice to Tenant disapproving of the Working
Drawings shall include (i) a description of the disapproved element of the Preliminary Plans, (ii) the reasons for Landlord’ s
disapproval and (iii) at Landlord’ s option, suggested modifications to the Working Drawings. If Landlord disapproves of the Working
Drawings, Tenant shall arrange for Tenant’ s Architect to revise the Working Drawings to address Landlord’ s comments and/or
incorporate Landlord’ s proposed changes and resubmit the Working Drawings to Landlord for Landlord’ s review and approval.
Landlord shall review the revised Working Drawings and approve or disapprove of the revised Working Drawings within three (3)
days after Landlord’ s receipt thereof in accordance with the procedure provided above. The Working Drawings which have been
approved by Landlord are hereinafter referred to as the “Approved Working Drawings”. If Landlord fails to respond to Tenant’ s
request for approval or disapproval of the Working Drawings within the time periods provided for above, such approval shal l be
deemed to have been given.
3.4.3 Changes . Tenant, at its sole cost and expense, shall make all changes to the Approved Working Drawings that are required by
law or any governmental agency. All changes to the Approved Working Drawings, including those required by law or any
governmental agency, require Landlord’ s prior written approval, which approval shall not be unreasonably withheld. All changes to
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