Common use of Design Parameters Clause in Contracts

Design Parameters. (a) The parties acknowledge that the conceptual design set forth on Exhibit “F” attached hereto and made a part hereof is consistent with their expectations as of the date of this Agreement. Without limiting the Township’s ability to approve the plans and specifications for the land development approvals consistent with the Pennsylvania Municipalities Planning Code, Lower Merion Township Zoning Code and all other Laws (none of which shall be deemed to occur under this Agreement but rather in the ordinary course according to the Township’s practice and procedure), the Township shall have the right to approve final plans for the Project (the “Approved Plans”); provided, however, that the Township shall not unreasonably withhold, delay or condition its consent under this subsection (a) so long as the design reflected in the plans is consistent with the conceptual design attached hereto as Exhibit “F.” No approval of the design, construction documents or any other aspect of the Private Project shall be deemed to impose any liability upon the Township, it being understood that such review is for the Township’s own purposes and not to be construed as a representation or warranty that the Private Project has been designed or constructed in conformance with applicable Laws. Dranoff shall remain solely responsible to review and approve, or cause qualified professionals to review and approve, the design and construction of the Private Project. Further, no approvals under this Section 1.4(a) or otherwise under this Agreement shall in any way be construed to constitute an approval of the plans and specifications for purposes of land development, zoning, building codes, the Municipalities Planning Code, or any other Laws for any other purpose whatsoever except for compliance with this Agreement. (b) In addition to all other Township approvals, the Township shall have the right to approve, in its reasonable discretion, (i) the design of any material elements of the Private Project visible from the exterior of the Private Project, including, but not limited to, building exteriors, landscaping, pedestrian walkways, and public spaces, and, until completion of the Project, (ii) (A) joint venture partners, members or shareholders (provided, however, that to the extent that Dranoff retains Control of the Project, the Township shall not have such right; provided, further, that if such partners, members or shareholders have the right to obtain Control

Design Parameters. (a) The parties acknowledge that the conceptual design set forth on Exhibit “F” attached hereto and made a part hereof is consistent with their expectations as of the date of this Agreement. Without limiting the Township’s ability to approve the plans and specifications for the land development approvals consistent with the Pennsylvania Municipalities Planning Code, Lower Merion Township Zoning Code and all other Laws (none of which shall be deemed to occur under this Agreement but rather in the ordinary course according to the Township’s practice and procedure), the Township shall have the right to approve final plans for the Project (the “Approved Plans”); provided, however, that the Township shall not unreasonably withhold, delay or condition its consent under this subsection subsection (a) so long as the design reflected in the plans is consistent with the conceptual design attached hereto as Exhibit “F.” No approval of the design, construction documents or any other aspect of the Private Project shall be deemed to impose any liability upon the Township, it being understood that such review is for the Township’s own purposes and not to be construed as a representation or warranty that the Private Project has been designed or constructed in conformance with applicable Laws. Dranoff shall remain solely responsible to review and approve, or cause qualified professionals to review and approve, the design and construction of the Private Project. Further, no approvals under this Section 1.4(a) or otherwise under this Agreement shall in any way be construed to constitute an approval of the plans and specifications for purposes of land development, zoning, building codes, the Municipalities Planning Code, or any other Laws for any other purpose whatsoever except for compliance with this Agreement. (b) In addition to all other Township approvals, the Township shall have the right to approve, in its reasonable discretion, (i) the design of any material elements of the Private Project visible from the exterior of the Private Project, including, but not limited to, building exteriors, landscaping, pedestrian walkways, and public spaces, and, until completion of the Project, (ii) (A) joint venture partners, members or shareholders (provided, however, that to the extent that Dranoff retains Control of the Project, the Township shall not have such right; provided, further, that if such partners, members or shareholders have the right to obtain Control;