Common use of Design Approval Clause in Contracts

Design Approval. Tenant, at its cost and expense shall cause the Tenant Work Plans and Specifications of reasonable detail to be prepared by designers, architects and engineers of Tenant's selection, with the costs thereof being paid as provided in Section 3.6. Tenant from time to time shall furnish to Landlord for Landlord's approval all or portions of the Tenant Work Plans and Specifications, as well as any material changes thereto from time to time desired by Tenant, which approval may be withheld only if (a) the Tenant Work or any change proposed thereon violates any Legal Requirement, or (b) the Tenant Work or any change proposed therein will materially adversely affect the Building Systems or structure. Any disapproval shall specify Landlord's reasons in reasonable detail. If Landlord fails to deliver written notice of approval or disapproval of any submission within fifteen (15) days after the date of any submission by Tenant, such submission of the Tenant Work Plans and Specifications shall be deemed approved by Landlord. Tenant shall specifically inform Landlord in writing at the time of any such submission of any Hazardous Materials to be incorporated in the Tenant Work covered by such submission. Tenant shall direct specific attention, in writing or noted on resubmitted Tenant Work Plans and Specifications, to any revision contained in any such submission other than those requested by Landlord on previous submissions. Notwithstanding any approval or deemed approval by Landlord, Tenant shall be responsible for ensuring that all submissions of the Tenant Work Plans and Specifications conform to all Legal Requirements, and receive all approval as and when necessary under Legal Requirements. In the course of the approval process with respect to any submission of the Tenant Work Plans and Specifications, Landlord may not disapprove a matter previously approved or reasonably inferred from a matter previously approved, except that if a new matter not previously approved causes an inconsistency or other problem not reasonably anticipated with respect to a previously approved matter, then Landlord may disapprove the previously approved matter but only to the extent of such inconsistency or problem. If Landlord gives notice of disapproval under this Section 3.2, the matter shall be resolved pursuant to Section 5. At any time between Landlord's notice of disapproval and completion of the arbitration; Tenant shall have the option to proceed to construct the applicable element of the Tenant Work in accordance with the Tenant Work Plans and Specifications or change disapproved by Landlord. In the event Tenant elects not to so proceed with construction and the Approved Arbitrator decides in favor of Tenant, then the number of days between Landlord's notice of disapproval and the date of the arbitration decision shall constitute a circumstance giving rise to a potential Landlord Delay. In the event Tenant elects to proceed with construction and the Approved Arbitrator decides in favor of Landlord, Tenant shall reconstruct the item of Tenant Work in accordance with the Approved Arbitrator's decision.

Design Approval. TenantPurchaser intends to enter into (i) a contract with ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ & Associates, at Inc. (the “Project Architect”), to design the Initial Phase, and (ii) a contract with ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Brustlin, Inc. (the “Project Engineer”) to design the infrastructure and site plans for the Initial Phase. Purchaser shall have the right to terminate the engagement of the Project Architect and the Project Engineer and engage a different architect to design the Initial Phase and a different engineer to design the site and infrastructure for the Initial Phase, subject to Seller’s consent, not to be unreasonably withheld. Purchaser and Seller hereby approve the design documents attached hereto as Exhibit J (the “Agreed Design Plans”). In the event that, during the permitting process and prior to Closing, Purchaser desires to make changes to the Agreed Design Plans, Seller shall either approve or disapprove of such proposed changes within ten (10) days of Seller’s receipt of Purchaser’s request therefor, and in the event of any disapproval by Seller, Seller will provide Purchaser with a summary of the reasons for disapproval, provided that Seller shall have no right to disapprove any of Purchaser’s requested changes to the Agreed Design Plans unless the same (a) affect the exterior design of the Building, and (b) are materially inconsistent with the Agreed Design Plans. If necessary, Purchaser will cause the Agreed Design Plans to be modified in accordance with Seller’s reasonable requests in response to Purchaser’s proposed changes thereto, and will resubmit such revised Agreed Design Plans to Seller for its cost and expense approval. Seller’s approval of Purchaser’s requests for such changes to the Agreed Design Plans shall not be unreasonably withheld or delayed. At the Closing, Seller shall cause the Tenant Work Plans Property Manager and Specifications the Majority Lot Owner (as defined in the Park Covenants) to deliver to Purchaser a recordable certificate of reasonable detail compliance with respect to be prepared by designers, architects and engineers of Tenant's selection, the final plans for the Proposed Project in accordance with the costs thereof being paid as provided in Section 3.6Park Covenants (the “Design Certificate”). Tenant from time to time shall furnish to Landlord for Landlord's approval all or portions of the Tenant Work Plans and Specifications, as well as any material changes thereto from time to time desired by Tenant, which approval may be withheld only if (a) the Tenant Work or any change proposed thereon violates any Legal Requirement, or (b) the Tenant Work or any change proposed therein will materially adversely affect the Building Systems or structure. Any disapproval shall specify Landlord's reasons in reasonable detail. If Landlord fails to deliver written notice of approval or disapproval of any submission within fifteen (15) days after the date of any submission by Tenant, such submission of the Tenant Work Plans and Specifications shall be deemed approved by Landlord. Tenant shall specifically inform Landlord in writing at the time of any such submission of any Hazardous Materials to be incorporated in the Tenant Work covered by such submission. Tenant shall direct specific attention, in writing or noted on resubmitted Tenant Work Plans and Specifications, to any revision contained in any such submission other than those requested by Landlord on previous submissions. Notwithstanding any approval or deemed approval by Landlord, Tenant Purchaser shall be responsible for ensuring that all submissions paying the fees of the Tenant Work Plans Project Architect, the Project Engineer and Specifications conform to all Legal Requirementsthe costs of any architectural, engineering, and receive all approval as and when necessary under Legal Requirements. In civil/geotech incurred for the course of the approval process with respect to any submission of the Tenant Work Plans and Specifications, Landlord may not disapprove a matter previously approved or reasonably inferred from a matter previously approved, except that if a new matter not previously approved causes an inconsistency or other problem not reasonably anticipated with respect to a previously approved matter, then Landlord may disapprove the previously approved matter but only to the extent of such inconsistency or problem. If Landlord gives notice of disapproval under this Section 3.2, the matter shall be resolved pursuant to Section 5. At any time between Landlord's notice of disapproval and completion of the arbitration; Tenant shall have the option to proceed to construct the applicable element of the Tenant Work Agreed Design Plans in accordance with written agreements between Purchaser and each of the Tenant Work Plans and Specifications or change disapproved by Landlord. In the event Tenant elects not to so proceed with construction Project Architect and the Approved Arbitrator decides Project Engineer (collectively, the “Design Costs”). Seller shall be responsible for all costs incurred by Seller in favor of Tenant, then the number of days between Landlord's notice of disapproval and the date connection with its review of the arbitration decision design drawings but shall constitute a circumstance giving rise to a potential Landlord Delay. In have no responsibility for the event Tenant elects to proceed with construction and payment of the Approved Arbitrator decides in favor of Landlord, Tenant shall reconstruct the item of Tenant Work in accordance with the Approved Arbitrator's decisionDesign Costs.

Design Approval. Tenant(a) No substantial improvement will be commenced or constructed upon the Property, at its cost nor will any substantial exterior addition to or substantial exterior change or alteration thereof be made, unless and expense shall cause until the Tenant Work Plans site plan, the exterior facades and Specifications of reasonable detail the landscape plans therefor (and any material exterior modifications thereto) will have first been submitted to be prepared and reasonably approved in writing by designers, architects and engineers of Tenant's selection, with the costs thereof being paid Declarant. Except as provided in Section 3.6. Tenant from time 2 hereof and pursuant to time shall furnish the Declarant’s regulatory capacity, the Declarant will not have any rights to Landlord for Landlord's approval all review or portions approve interior aspects of the Tenant Work Plans and Specifications, as well as any material changes thereto from time to time desired by Tenant, which improvements. (b) Each request for Declarant’s approval may be withheld only if (a “Design Approval Request”) under section (a) above must be accompanied by plans and specifications showing the Tenant Work partition layout, site layout, exterior elevations, exterior materials and colors, landscaping, drainage, lighting, irrigation and such other information related to the exterior appearance of the improvements as Declarant may reasonably require (the “Plans”); which Plans must be submitted for Declarant’s approval through a Design Approval Request at the conclusion of the following 2 planning stages – (A) upon completion of conceptual Plans (i.e., prior to commencement of detailed construction drawings) and (B) upon completion of “50% construction drawings”. (c) In reviewing a Design Approval Request, Declarant may consider any factors it reasonably deems relevant, including, without limitation, visual and environmental impact, ecological compatibility, natural platforms and finish grade elevation, and harmony of the proposed external design with surrounding structures and environment. (d) If Declarant fails to notify applicant in writing of its approval, disapproval or comments to the complete Design Approval Request within 30 days of Declarant’s deemed receipt thereof, applicant may provide Declarant a second written Design Approval Request (containing a statement in all bold and capital letters that reads “FAILURE TO RESPOND TO THIS DESIGN APPROVAL REQUEST WITHIN (e) If Declarant approves the Design Approval Request with conditions, approves a portion of the Design Approval Request and disapproves other portions and a revised Design Approval Request with revised Plans is submitted, Declarant shall notify the applicant in writing of the final determination on any change proposed thereon violates any Legal Requirementsuch revised Design Approval Request no later than 15 days after its receipt of such revised Design Approval Request and all required submissions. (f) Following such approval, or Declarant shall promptly apply for and diligently pursue regulatory approval (be.g., building permit, site plan) the Tenant Work or any change proposed therein will materially adversely affect the Building Systems or structure. Any disapproval shall specify Landlord's reasons in reasonable detailconcerning such approved construction. If Landlord fails to deliver written notice of construction does not commence within the period required by such regulatory approval, the approval or disapproval of granted hereunder shall automatically expire, and the applicant must reapply for approval before commencing any submission within fifteen (15) days after the date of any submission by Tenantactivities. Once construction is commenced, such submission of the Tenant Work Plans and Specifications it shall be deemed approved by Landlord. Tenant shall specifically inform Landlord in writing at the time of any such submission of any Hazardous Materials diligently pursued to be incorporated in the Tenant Work covered by such submission. Tenant shall direct specific attention, in writing or noted on resubmitted Tenant Work Plans and Specifications, to any revision contained in any such submission other than those requested by Landlord on previous submissions. Notwithstanding any approval or deemed approval by Landlord, Tenant shall be responsible for ensuring that all submissions of the Tenant Work Plans and Specifications conform to all Legal Requirements, and receive all approval as and when necessary under Legal Requirements. In the course of the approval process with respect to any submission of the Tenant Work Plans and Specifications, Landlord may not disapprove a matter previously approved or reasonably inferred from a matter previously approved, except that if a new matter not previously approved causes an inconsistency or other problem not reasonably anticipated with respect to a previously approved matter, then Landlord may disapprove the previously approved matter but only to the extent of such inconsistency or problem. If Landlord gives notice of disapproval under this Section 3.2, the matter shall be resolved pursuant to Section 5. At any time between Landlord's notice of disapproval and completion of the arbitration; Tenant shall have the option to proceed to construct the applicable element of the Tenant Work in accordance with the Tenant Work Plans and Specifications or change disapproved by Landlord. In the event Tenant elects not to so proceed with construction and the Approved Arbitrator decides in favor of Tenant, then the number of days between Landlord's notice of disapproval and the date of the arbitration decision shall constitute a circumstance giving rise to a potential Landlord Delay. In the event Tenant elects to proceed with construction and the Approved Arbitrator decides in favor of Landlord, Tenant shall reconstruct the item of Tenant Work in accordance with the Approved Arbitrator's decisioncompletion.