Common use of BASIS FOR APPROVAL Clause in Contracts

BASIS FOR APPROVAL. The Committee shall have the right to disapprove an Application submitted to it in the event any part of the Application: (a) is not in accordance with this Declaration, the Sign Plan and any Design Guidelines or other requirements adopted by the Committee; or (b) is incomplete; or (c) is not in compliance with the applicable governmental approvals and regulations for the Center; or (d) is deemed by the Committee to be contrary to the best interests of the Center or the Owners; or (e) any combination of the foregoing. The Committee shall not unreasonably withhold its approval of an Application submitted to it, but may condition its approval on the satisfaction of one or more conditions set forth in writing. In this regard, the Committee may base its approval or disapproval on criteria which may include, but are not limited to, the following: (i) the adequacy of the building locations and dimensions on the Parcel; (ii) the adequacy of the parking to be provided; (iii) conformity and harmony of external design with neighboring structures; (iv) effect of location and proposed use of proposed Improvements on neighboring Parcels and the types of operations and uses thereof; (v) relation of topography, grade and finish ground elevation of the Parcel being improved to that of neighboring Parcels; (vi) proper facing of main elevation with respect to nearby streets and other buildings; (vii) adequacy of screening trash facilities and mechanical, air conditioning or other rooftop installations; (viii) adequacy of landscaping; and (ix) conformity of the Application to the purpose and general plan and intent of this Declaration. No Application shall be approved which does not provide for the underground installation of all utility services. The Committee may condition its approval of an Application on such changes therein as it deems appropriate such as, and without limitation, the approval of such Improvements by a holder of an easement which may be impaired thereby or upon approval of any such Improvements by the appropriate governmental entity. Any Committee approval conditioned upon the approval by a governmental entity shall not imply the Association is enforcing any government codes or regulations, nor shall the failure to make such conditional approval imply that any such governmental entity approval is not required.

BASIS FOR APPROVAL. The Committee Approval of a Development Plan shall have be based, among other things, upon conformity with the right to disapprove an Application submitted to it in Conceptual Development Plan for the event any part of Initial Project or Expansion Project, as the Application: (a) is not in accordance with this Declarationcase may be, the Sign Plan and any Design Guidelines or other requirements adopted by the Committee; or (b) is incomplete; or (c) is not in upon compliance with the applicable governmental approvals and regulations for the Center; or (d) is deemed by the Committee to be contrary to the best interests of the Center or the Owners; or (e) any combination of the foregoing. The Committee shall not unreasonably withhold its approval of an Application submitted to itDesign Guidelines, but may condition its approval on the satisfaction of one or more conditions set forth in writing. In this regard, the Committee may base its approval or disapproval on criteria which may include, but are not limited to, the following: (i) the including adequacy of the building locations and dimensions on the Parcel; (ii) the site dimensions, adequacy of the parking to be provided; (iii) structural design, conformity and harmony of external design with neighboring structures; , Declarant shall not arbitrarily or unreasonably withhold its approval of any drawings and specifications. Except as otherwise provide in this Declaration, Declarant shall have the right to disapprove any drawings and specifications submitted hereunder on any reasonable grounds including, but not limited to, the following: (iva) effect of location and proposed use of proposed Improvements on neighboring Parcels and the types of operations and uses thereof; (v) relation of topography, grade and finish ground elevation Failure to comply with any of the Parcel being improved Restrictions set forth in this Declaration; (b) Failure to include information in such drawings and specifications as may have been reasonably requested by Declarant; (c) Objection to the exterior design, the appearance of materials, or materials employed in any proposed structure; provided, however, that any such objection shall not be made with respect to an exterior design, the appearance of materials or materials (i) employed in any similar commercial building currently existing in Summ▇▇▇▇▇, ▇▇ (ii) which are specifically authorized by the Design Guidelines for use in such a commercial building. (d) Objection on the ground of incompatibility of any proposed structure or use with existing structures or uses upon other property in the vicinity of the Subject Property; (e) Objection to the location of any proposed structure with reference to other property in the vicinity; (f) Objection to the grading or landscaping plan for the Subject Property; (g) Objection to the color scheme, finish, proportions, style of architecture, height, bulk, or appropriateness of any structure; (h) Objection to the number or size of parking spaces, or to the design of the parking area; (i) Adequacy of site dimensions; (j) Conformity and harmony of external design with existing and planned neighboring Parcels; structures; (vik) proper facing of main elevation Proper site orientation with respect to nearby streets and other buildingsStreets; and (viil) adequacy of screening trash facilities and mechanical, air conditioning or other rooftop installations; (viii) adequacy of landscaping; and (ix) conformity Conformity of the Application Plans to the purpose purpose, general scheme of improvement and general plan development and intent of the Design Guidelines and this Declaration. No Application Notwithstanding the foregoing, HHP shall be approved not have the right to disapprove any element of the Development Plan on account of a design feature which does not provide has been specifically addressed in the Conceptual Development Plan for the underground installation Initial Project, Expansion Project or any expansion or other modification of all utility services. The Committee either of them, as the case may condition its approval of an Application on such changes therein as it deems appropriate such asbe, and without limitation, the approval of such Improvements approved by a holder of an easement which may be impaired thereby or upon approval of any such Improvements by the appropriate governmental entity. Any Committee approval conditioned upon the approval by a governmental entity shall not imply the Association is enforcing any government codes or regulations, nor shall the failure to make such conditional approval imply that any such governmental entity approval is not requiredHHP.

BASIS FOR APPROVAL. The Committee Approval shall have the right to disapprove an Application submitted to it in the event any part of the Application: (a) is not in accordance with this Declarationbe based, the Sign Plan and any Design Guidelines or among other requirements adopted by the Committee; or (b) is incomplete; or (c) is not in compliance with the applicable governmental approvals and regulations for the Center; or (d) is deemed by the Committee to be contrary to the best interests of the Center or the Owners; or (e) any combination of the foregoing. The Committee shall not unreasonably withhold its approval of an Application submitted to itthings, but may condition its approval on the satisfaction of one or more conditions set forth in writing. In this regard, the Committee may base its approval or disapproval on criteria which may include, but are not limited to, the following: (i) the adequacy of the building locations and dimensions on the Parcel; (ii) the site dimensions, adequacy of the parking to be provided; (iii) structural design, conformity and harmony of external design with neighboring structures; (iv) , effect of location and proposed use of proposed Improvements improvements on neighboring Parcels and the types of operations and uses thereof; (v) relation of topographysites, grade and finish ground elevation of the Parcel being improved to that of neighboring Parcels; (vi) proper facing of main elevation with respect to nearby streets and other buildings; (vii) streets, adequacy of screening trash facilities and mechanical, of mechanical air conditioning or other rooftop roof top installations; (viii) adequacy of landscaping; , and (ix) conformity of the Application plans and specifications to the purpose and general plan and intent of this Declaration. No Application shall plans will be approved approve which does do not provide for the underground installation of all power, electrical, telephone and other utility serviceslines from the property line to buildings. The Committee may condition No plans will be approved which provide for buildings covering more than fifty percent (50%) of the lot areas. Grantor shall not arbitrarily or unreasonably withhold its approval of an Application on such changes therein plans and specifications. Grantor shall have the right to disapprove any plans and specifications submitted hereunder, including but not limited to any of the following: (1) Failure to comply with any of the Restrictions; (2) Failure to include information in such plans and specifications as it deems appropriate such asmay have been reasonably requested by Grantor; (3) Objection to the exterior design, and without limitation, the approval appearance of such Improvements by a holder of an easement which may be impaired thereby or upon approval materials of any such Improvements by proposed structure; (4) Objection on the appropriate governmental entity. ground of incompatibility of any proposed structure or use with existing structures or uses upon other lots or other properties in the vicinity; (5) Objection to the location of any proposed structure upon any lot with reference to other lots in the vicinity; (6) Objection to the grading plan for any lot; (7) Objection to the color scheme, finish, proportions, style or architecture, height, bulk or appropriateness of any structure; (8) Objection to the number or size of parking spaces, or to the design of the parking area; (9) Any Committee approval conditioned other matter, which in the judgment of the Grantor, would render the proposed structure or structures or use inharmonious with the general plan for improvement of the property or with structures located upon other lots or other properties in the approval by a governmental entity shall not imply the Association is enforcing any government codes or regulations, nor shall the failure to make such conditional approval imply that any such governmental entity approval is not requiredvicinity.

BASIS FOR APPROVAL. The Architectural Committee shall have the right to disapprove an any Application submitted to it if the Application is incomplete or otherwise inadequate in the event any part judgment of the ApplicationArchitectural Committee to allow a decision, or if the proposed New Buildings: (ai) is not are not, in accordance conformance with this Declaration, Lease or the Sign Plan and any Design Guidelines or other requirements adopted by the CommitteeStandards Manual; or (bii) is incomplete; or (c) is are not in compliance with the applicable governmental approvals and regulations for the Centerrequirements; or (diii) is are deemed by the Architectural Committee not to be contrary to in the best interests of the Center or the Owners; or (e) any combination of Center. Without limiting the foregoing. The Committee shall not unreasonably withhold its approval of an Application submitted to it, but may condition its approval on the satisfaction of one or more conditions set forth in writing. In this regard, the Architectural Committee may base its approval or disapproval on criteria established by it which may include, include but are not limited to, to the following: (i) the adequacy of the building locations and dimensions on relative to the ParcelParcels within the Land; (ii) the adequacy of the parking to be provided; (iii) conformity and harmony of external design with neighboring structuresstructures and the general character of the Center intended by Landlord; (iv) effect of location and proposed use of proposed Improvements New Buildings on neighboring Parcels and the types of operations and uses thereof; (v) relation of topography, grade and finish ground elevation of on the Parcel being improved Parcels within the Land and relative to that of neighboring Parcels; (vi) proper facing of main elevation with respect to nearby streets and other buildingsstreets; (vii) adequacy of screening of trash facilities and mechanical, air air-conditioning or other rooftop installations; (viii) adequacy of landscaping; and (ix) conformity of the Application to the purpose and general plan and intent of this DeclarationLease and the Design Guidelines. No Application The Architectural Committee may grant or deny approval of Applications submitted to it for any reason in its sole and absolute discretion, and the decision of the Architectural Committee shall be approved which does not provide for the underground installation of all utility servicesfinal. The Architectural Committee may condition its revoke any approval of an if it determines that such approval was induced by or resulted from inaccurate or incomplete information submitted to the Architectural Committee in connection with the Application on such changes therein as it deems appropriate such as, and without limitation, the approval of such Improvements by a holder of an easement which may be impaired thereby or upon approval of any such Improvements by the appropriate governmental entity. Any Committee approval conditioned upon the approval by a governmental entity shall not imply the Association is enforcing any government codes or regulations, nor shall the failure to make such conditional approval imply that any such governmental entity approval is not requiredthereof.