Common use of Approval and Completion Clause in Contracts

Approval and Completion. It is hereby acknowledged by Landlord and Tenant that the TI Construction Drawings must be completed and approved not later than March 31, 2006, in order for the Landlord’s Work to be Substantially Complete by the Target Completion Date. Upon any dispute regarding the design of the Tenant Improvements, which is not settled within 5 business days after notice of such dispute is delivered by one party to the other, Tenant shall make the final decision regarding the design of the Tenant Improvements, provided (i) Tenant acts reasonably and such final decision is either consistent with or a compromise between Landlord’s and Tenant’s positions with respect to such dispute, (ii) that all costs and expenses resulting from any such decision by Tenant shall be payable out of the TI Fund (as defined in Section 5(d) below), and (iii) Tenant’s decision will not affect the base Building, structural components of the Building or any Building systems in which case Landlord shall make the final decision. Any changes to the TI Construction Drawings following Landlord’s and Tenant’s approval of same requested by Tenant shall be processed as provided in Section 4 hereof; provided, however, that Tenant shall have no right to request any changes which would result in the Tenant Improvements costing more than the Tl Allowance to be received by Tenant unless the Escrow Account is established pursuant to Section 5(d) hereof and Tenant deposits the Excess TI Costs into such Escrow Account.

Approval and Completion. It is hereby acknowledged by Landlord and Tenant that the TI Construction Drawings must be completed and approved not later than March 31, 2006, in order for the Landlord’s Work to be Substantially Complete by the Target Completion Date. Upon If any dispute regarding the design of any portion of the Tenant Improvements, which Improvements is not settled within 5 10 business days after notice of such dispute is delivered by one party to the other, Tenant shall may make the final decision regarding the design of disputed portion of the Tenant Improvements, provided (i) Tenant acts reasonably and such final decision is either consistent with or a compromise between Landlord’s and Tenant’s positions with respect to such dispute, (ii) that all costs and expenses resulting from any such decision by Tenant shall be payable out of the TI Fund Allowance (as defined in Section 5(d5(a) below), and (iii) Tenant’s decision will not affect the base Building, structural components of the Building or any Building systems in which case Landlord shall make the final decisionSystems. Any changes to the TI Construction Drawings following Landlord’s and Tenant’s approval of same requested by Tenant shall be processed as provided in Section 4 hereof; provided. Notwithstanding anything to the contrary contained herein, however, that Tenant Landlord shall have no the right to request make final decisions, in Landlord’s sole and absolute subjective discretion, with respect to matters concerning the exterior components, site work, façade or other structural components of the Building or any changes which would result in the Tenant Improvements costing more than the Tl Allowance to be received by Tenant unless the Escrow Account is established pursuant to Section 5(d) hereof and Tenant deposits the Excess TI Costs into such Escrow AccountBuilding System.

Approval and Completion. It is hereby acknowledged by Landlord and Tenant that the TI Construction Drawings must be completed and approved not later than March 31, 2006, in order for the Landlord’s Work to be Substantially Complete by the Target Completion Date. Upon If any dispute regarding the design of the Tenant Improvements, which Improvements is not settled within 5 10 business days after notice of such dispute is delivered by one party to the other, Tenant shall may make the final decision regarding the design of the Tenant Improvements, provided (i) Tenant acts reasonably and such final decision is either consistent with or a compromise between Landlord’s and Tenant’s positions with respect to such dispute, (ii) that all costs and expenses resulting from any such decision by Tenant shall be payable out of the TI Fund Allowance (as defined in Section 5(d5(a) below), and (iii) Tenant’s decision will not affect the base Building, structural components of the Building or any Building systems in which case Landlord shall make the final decisionSystems. Any changes to the TI Construction Drawings following Landlord’s and Tenant’s approval of same requested by Tenant shall be processed as provided in Section 4 hereof; provided. Notwithstanding anything to the contrary contained herein, however, that Tenant Landlord shall have no the right to request make final decisions, in Landlord’s sole and absolute subjective discretion, with respect to matters concerning the exterior components, site work, façade or other structural components of the Building or any changes which would result in the Tenant Improvements costing more than the Tl Allowance to be received by Tenant unless the Escrow Account is established pursuant to Section 5(d) hereof and Tenant deposits the Excess TI Costs into such Escrow AccountBuilding System.

Approval and Completion. It is hereby acknowledged by Landlord and Tenant that the TI Construction Drawings must be completed and approved not later than March 31, 2006, in order for the Landlord’s Work to be Substantially Complete by the Target Completion Date. Upon If any dispute regarding the design of the Tenant Improvements, which Improvements is not settled within 5 10 business days after notice of such dispute is delivered by one party to the other, Tenant shall may make the final decision regarding the design of the Tenant Improvements, provided (i) Tenant acts reasonably and such final decision is either consistent with or a compromise between Landlord’s and Tenant’s positions with respect to such dispute, (ii) that all costs and expenses resulting from any such decision by Tenant shall be payable out of the TI Fund Allowance (as defined in Section 5(d5(b) below), and (iii) Tenant’s decision will not affect the base Building, structural components of the Building or any Building systems in which case Landlord shall make the final decisionSystems. Any changes to the TI Construction Drawings following Landlord’s and Tenant’s approval of same requested by Tenant shall be processed as provided in Section 4 hereof; provided. Notwithstanding anything to the contrary contained herein, however, that Tenant Landlord shall have no the right to request make final decisions, in Landlord’s sole and absolute subjective discretion, with respect to matters concerning the exterior components, site work, façade or other structural components of the Building or any changes which would result in the Tenant Improvements costing more than the Tl Allowance to be received by Tenant unless the Escrow Account is established pursuant to Section 5(d) hereof and Tenant deposits the Excess TI Costs into such Escrow AccountBuilding System.

Approval and Completion. It is hereby acknowledged by Landlord and Tenant that the TI Construction Drawings must be completed and approved not later than March 31, 2006, in order for the Landlord’s Work to be Substantially Complete by the Target Completion Date. Upon If any dispute regarding the design of any portion of the Tenant Improvements, which Improvements is not settled within 5 10 business days after notice of such dispute is delivered by one party to the other, Tenant shall may make the final decision regarding the design of disputed portion of the Tenant Improvements, provided (i) Tenant acts reasonably and such final decision is either consistent with or a compromise between Landlord’s 's and Tenant’s 's positions with respect to such dispute, (ii) that all costs and expenses resulting from any such decision by Tenant shall be payable out of the TI Fund Allowance (as defined in Section 5(d5(a) below), and (iii) Tenant’s 's decision will not affect the base Building, structural components of the Building or any Building systems in which case Landlord shall make the final decisionSystems. Any changes to the TI Construction Drawings following Landlord’s 's and Tenant’s 's approval of same requested by Tenant shall be processed as provided in Section 4 hereof; provided. Notwithstanding anything to the contrary contained herein, however, that Tenant Landlord shall have no the right to request make final decisions, in Landlord’s sole and absolute subjective discretion, with respect to matters concerning the exterior components, site work, façade or other structural components of the Building or any changes which would result in the Tenant Improvements costing more than the Tl Allowance to be received by Tenant unless the Escrow Account is established pursuant to Section 5(d) hereof and Tenant deposits the Excess TI Costs into such Escrow AccountBuilding System.

Approval and Completion. It is hereby acknowledged by Landlord and Tenant that the TI Construction Drawings must be completed and approved not later than March 31, 2006, in order for the Landlord’s Work to be Substantially Complete by the Target Completion Date. Upon any dispute regarding the design of the Tenant Improvements, which is not settled within 5 10 business days after notice of such dispute is delivered by one party to the other, Tenant shall may make the final decision regarding the design of the Tenant Improvements, provided provided, however, that (i) Tenant acts reasonably and such final decision is either consistent with or a compromise between Landlord’s and Tenant’s positions with respect to such dispute, (ii) that all costs and expenses resulting from any such decision by Tenant shall be payable by Tenant (subject to reimbursement out of the TI Fund (Allowance as defined in Section 5(d) belowprovided for below or payable by Tenant as Excess TI Costs), and (iii) Tenant’s decision will not materially or adversely affect the base Building, structural components of the Building or any Building systems in which case Landlord shall make the final decisionSystems being installed as part of Landlord’s Work. Any changes TI Changes to the TI Construction Drawings following Landlord’s and Tenant’s approval of same requested by Tenant shall be processed as provided in Section 4 5 hereof; provided, however, that Tenant the terms of this Section 3(d) shall have no right apply to request any changes which would result in the Tenant Improvements costing more than the Tl Allowance to be received by Tenant unless the Escrow Account is established pursuant to Section 5(d) hereof dispute between Landlord and Tenant deposits the Excess in connection with any such TI Costs into such Escrow AccountChanges.

Approval and Completion. It is hereby acknowledged by Landlord and Tenant that the TI Construction Drawings must be completed and approved not later than March 31If, 2006, in order for the after Landlord’s Work to be Substantially Complete by review of the Target Completion Date. Upon second submission under Section 3.2, any dispute regarding the design of the Tenant Improvements, which Improvements is not settled within 5 ten (10) business days after notice of such dispute is delivered by one party to the other, Tenant shall may make the final decision regarding the design of the Tenant Improvements, provided provided: (i) Tenant acts reasonably and such final decision is either consistent with or a compromise between Landlord’s 's and Tenant’s 's positions with respect to such dispute, ; (ii) that all costs and expenses resulting from any such decision by Tenant shall be payable out of the TI Fund (as defined provided in Section 5(d) 6 below), ; and (iii) Tenant’s 's decision will not affect the base BuildingNon-TI Project Improvements, including without limitation, the structural components of the Building or any Building systems (in which case Landlord shall make the final decisiondecision in its sole discretion, except with respect to any Building systems located wholly within and exclusively serving the Premises, for which Landlord’s decision shall be in its reasonable discretion). Any changes to the Approved TI Construction Drawings following Landlord’s and Tenant’s approval of same Documents requested by Tenant shall be processed as provided in Section 4 3.8 hereof; provided, however, that Tenant shall have no right to request any changes which would result in the Tenant Improvements costing more than the Tl Allowance to be received by Tenant unless the Escrow Account is established pursuant to Section 5(d) hereof and Tenant deposits the Excess TI Costs into such Escrow Account.