Common use of Design Development Plans Clause in Contracts

Design Development Plans. On or before the date which is six (6) months after Landlord has delivered written notice of Landlord’s approval of the Schematic Plans in accordance with clause (x) or clause (1) of Section 10.2(b)(i) of this Lease, Constructing Party shall deliver the Design Development Plans to Landlord for Landlord's review and approval or disapproval in accordance with this Section 10.2(b)(ii). Within twenty (20) Business Days after the Design Development Plans are delivered to Landlord, Landlord shall deliver written notice to Constructing Party of: (x) Landlord’s approval of the Design Development Plans (which approval shall neither be unreasonably withheld nor be withheld with respect to any design element that was included in any plans that Landlord has previously approved); or (y) Landlord’s disapproval of the Design Development Plans, together with a reasonably detailed statement of the reasonable basis for Landlord’s disapproval of the Design Development Plans. If Landlord fails to deliver written notice to Constructing Party pursuant to clause (x) or clause (y) of the immediately preceding sentence within such twenty (20) Business Day period, then Landlord shall be automatically deemed to have delivered an approval notice under clause (x) of the immediately preceding sentence. If Landlord delivers timely written notice of Landlord’s disapproval of the Design Development Plans in accordance with clause (y) above, then (I) Constructing Party shall cause the Design Development Plans to be revised to address the reasonable basis for Landlord’s disapproval of the Design Development Plans and deliver the revised Design Development Plans to Landlord and (II) the process described above shall proceed on an iterative basis until Landlord approves the revised Design Development Plans, except that the twenty (20) Business Day period described above will be shortened to ten (10) Business Days. Constructing Party may revise the Design Development Plans after Landlord has delivered written notice of Landlord’s approval of the Design Development Plans in accordance with clause (x) of this Section 10.2(b)(ii). If, after Landlord has delivered written notice of Landlord’s approval of the Design Development Plans in accordance with clause (x) of this Section 10.2(b)(ii), the approved Design Development Plans are revised in a material manner, or if such revisions result in the quality or operating standard of the Hotel Project no longer being consistent with or better than that of a Comparable Project and in accordance with the Operating Standard set forth in Section 19.1 of this Lease or result in a reduction of the number of hotel rooms in the Hotel Project to be constructed in excess of ten (10%) of the number of hotel rooms shown in the Design Development Plans approved by Landlord, then (A) Constructing Party shall deliver the revised Design Development Plans to Landlord, together with a reasonably detailed statement describing the revisions made to the Design Development Plans, and (B) Landlord shall, within ten (10) Business Days after the date Constructing Party delivers the revised Design Development Plans to Landlord, deliver written notice to Constructing Party of (1) Landlord’s approval of the revised Design Development Plans (which approval shall neither be unreasonably withheld nor be withheld with respect to any design element that was included in any plans that Landlord has previously approved) or (2) Landlord’s disapproval of the revised Design Development Plans, together with a reasonably detailed statement of the reasonable basis for Landlord’s disapproval of the revised Design Development Plans. If Landlord fails to deliver written notice pursuant to clause (1) or clause (2) of the immediately preceding sentence within such ten (10) Business Day period, then Landlord shall be automatically deemed to have delivered an approval notice under clause (1) of the immediately preceding sentence. If Landlord delivers timely written notice of Landlord’s disapproval of the revised Design Development Plans in accordance with clause (2) above, then the parties shall proceed as though Landlord delivered written notice of Landlord’s disapproval of the Design Development Plans in accordance with clause (y) above.

Design Development Plans. On or before Landlord shall prepare and submit to Tenant for approval design development drawings covering the date which is six Landlord Work that (6a) months after Landlord has delivered written notice of Landlord’s approval are consistent with and are logical evolutions of the Approved Landlord Work Schematic Plans in accordance with clause and (xb) or clause incorporate any other Tenant-requested (1and Landlord-approved) of Section 10.2(b)(iLandlord Work Changes (as defined below) of this Lease, Constructing Party shall deliver (the “Landlord Draft Design Development Plans”). The Landlord Draft Design Development Plans shall contain sufficient information and detail to accurately describe the proposed design to Tenant and such other information as Tenant may reasonably request and include a progress budget report showing any updates to the Landlord for Landlord's review and approval or disapproval in accordance with this Section 10.2(b)(ii). Within twenty (20) Business Days after the Work Budget based on such Landlord Draft Design Development Plans are delivered to Landlord, Plans. Tenant shall notify Landlord shall deliver written notice to Constructing Party of: in writing within ten (x10) Landlord’s approval business days after receipt of the Landlord Draft Design Development Plans (which approval shall neither be unreasonably withheld nor be withheld with respect to any design element that was included in any plans that Landlord has previously approved); or (y) Landlord’s disapproval of the Design Development Plans, together with a reasonably detailed statement of the reasonable basis for Landlord’s disapproval of the Design Development Plans. If Landlord fails to deliver written notice to Constructing Party pursuant to clause (x) or clause (y) of the immediately preceding sentence within such twenty (20) Business Day period, then Landlord shall be automatically deemed to have delivered an approval notice under clause (x) of include all information required by the immediately preceding sentence. If ) whether Tenant approves or objects to the Landlord delivers timely written notice of Landlord’s disapproval of the Design Development Plans in accordance with clause (y) above, then (I) Constructing Party shall cause the Design Development Plans to be revised to address the reasonable basis for Landlord’s disapproval of the Draft Design Development Plans and deliver the revised Design Development Plans to Landlord and (II) the process described above shall proceed on an iterative basis until Landlord approves the revised Design Development Plans, except that the twenty (20) Business Day period described above will be shortened to ten (10) Business Days. Constructing Party may revise the Design Development Plans after Landlord has delivered written notice of Landlord’s approval of the Design Development Plans manner, if any, in accordance with clause (x) of this Section 10.2(b)(ii). If, after which the Landlord has delivered written notice of Landlord’s approval of the Design Development Plans in accordance with clause (x) of this Section 10.2(b)(ii), the approved Draft Design Development Plans are revised in a material manner, or if such revisions result in the quality or operating standard of the Hotel Project no longer being consistent with or better than that of a Comparable Project and in accordance with the Operating Standard set forth in Section 19.1 of this Lease or result in a reduction of the number of hotel rooms in the Hotel Project unacceptable. Tenant’s failure to be constructed in excess of ten (10%) of the number of hotel rooms shown in the Design Development Plans approved by Landlord, then (A) Constructing Party shall deliver the revised Design Development Plans to Landlord, together with a reasonably detailed statement describing the revisions made to the Design Development Plans, and (B) Landlord shall, within ten (10) Business Days after the date Constructing Party delivers the revised Design Development Plans to Landlord, deliver written notice to Constructing Party of (1) Landlord’s approval of the revised Design Development Plans (which approval shall neither be unreasonably withheld nor be withheld with respect to any design element that was included in any plans that Landlord has previously approved) or (2) Landlord’s disapproval of the revised Design Development Plans, together with a reasonably detailed statement of the reasonable basis for Landlord’s disapproval of the revised Design Development Plans. If Landlord fails to deliver written notice pursuant to clause (1) or clause (2) of the immediately preceding sentence respond within such ten (10) Business Day periodbusiness day period shall be deemed approval by Tenant. If Tenant reasonably objects to the Landlord Draft Design Development Plans, then Landlord shall revise the Landlord Draft Design Development Plans and cause Tenant’s objections to be automatically deemed remedied in the revised Landlord Draft Design Development Plans. Landlord shall then resubmit the revised Landlord Draft Design Development Plans to have delivered Tenant for approval (including all information required herein to be provided with such plans), though the approval period afforded to Tenant with respect to any revisions shall be five (5) business days (provided, however, that if Tenant reasonably determines that the revisions are substantial and reasonably require more time, then Tenant may by notice to Landlord take an additional five (5) business days to respond). Tenant’s approval notice under clause (1) of or objection to the revised Landlord Draft Design Development Plans and Landlord’s correction of the immediately preceding sentence. If same shall be in accordance with this Section until Tenant has approved the Landlord delivers timely written notice of Landlord’s disapproval of the revised Draft Design Development Plans in accordance with clause (2) abovewriting or been deemed to have NY\5747656.2 approved them. If Landlord and Tenant cannot agree on the revised Landlord Draft Design Development Plans and Landlord’s correction of same after Tenant resubmits to Landlord further revisions to the revised Landlord Draft Design Development Plans, then the parties Neutral Architect, in accordance with Subsection 4.2(b)(iii) of the Lease (whose determination shall proceed as though Landlord delivered written notice of be final and binding upon the parties) shall decide to accept in their entirety either Landlord’s disapproval of the revised Landlord Draft Design Development Plans in accordance with clause or Tenant’s further revisions to Landlord’s revised Landlord Draft Design Development Plans. The iteration of the Landlord Draft Design Development Plans that is approved or deemed approved by Tenant without objection (yor by the Neutral Architect, if necessary) aboveshall be referred to herein as the “Approved Landlord Work Design Development Plans.”