Common use of Approval of Architect and Contractor Clause in Contracts

Approval of Architect and Contractor. Tenant’s architect, contractor, major suppliers and major subcontractors shall each be subject to the reasonable approval of Landlord. Landlord may request information about these entities, including financial statements and a summary of representative projects. If Landlord does not approve the architect, contractor, any major subcontractor or major supplier, the parties shall negotiate in good faith to select another architect, contractor, subcontractor or materials supplier mutually acceptable to the parties. Landlord shall be entitled to withhold its approval of any entity or person, who, in Landlord’s determination, is financially or otherwise professionally unqualified to design or construct the Tenant Improvements. In addition, in the event Landlord determines that a performance bond and labor and materials payment bond is necessary to ensure lien-free completion of the Tenant Improvements, Landlord may condition its approval of a contractor upon Tenant’s obtaining such bonds, each in an amount equal to one hundred percent (100 %) of the estimated cost of the Tenant Improvements and in a form reasonably acceptable to Landlord. Notwithstanding the foregoing, Landlord’s approval of any architect, contractor, subcontractor or materials supplier shall not constitute Landlord’s representation or warranty that any such architect, contractor, subcontractor or supplier is in fact qualified to perform the Tenant Improvements.

Approval of Architect and Contractor. Tenant’s architectarchitect (“Architect”), contractor, major suppliers and major subcontractors shall each be subject to the reasonable approval of Landlord, which approval shall not be unreasonably withheld or conditioned and shall be given or withheld within five (5) business days after Tenant’s written request therefor. Landlord’s failure to respond within the five (5) business day period shall be deemed Landlord’s approval of the Architect, contractor, major supplier or major subcontractor designated by Tenant. Landlord may request reasonable information about these entities, including financial statements and a summary of representative projects. If Landlord does not approve reasonably disapproves the architectArchitect, contractor, any major subcontractor or major suppliersupplier within the five (5) business day period, the parties shall negotiate in good faith to select another architectArchitect, contractor, subcontractor or materials supplier mutually and reasonably acceptable to the parties. Landlord shall be entitled to withhold its approval of any entity or person, person who, in Landlord’s reasonable determination, is financially or otherwise professionally unqualified to design or construct the Tenant Improvements. In additionLandlord hereby approves Gicklhorn Lazzarotto as an acceptable Architect, in the event Landlord determines that a performance bond and labor and materials payment bond is necessary to ensure lien-free completion of the Tenant Improvements, Landlord may condition its approval of a contractor upon Tenant’s obtaining such bonds, each in Dome Construction Corporation as an amount equal to one hundred percent (100 %) of the estimated cost of the Tenant Improvements and in a form reasonably acceptable to Landlordcontractor. Notwithstanding the foregoing, Landlord’s approval of any architectArchitect, contractor, subcontractor or materials supplier shall not constitute Landlord’s representation or warranty that any such architect, contractor, subcontractor or supplier is in fact qualified to perform the Tenant Improvements.