Common use of Final Plans and Specifications Clause in Contracts

Final Plans and Specifications. After the Preliminary Tenant ------------------------------ Improvement Plans and Specifications are approved by Landlord, Tenant shall cause the Architect to prepare, in sixty (60) days following Landlord's approval of the Preliminary Tenant Improvement Plans and Specifications, the final working architectural and engineering plans and specifications ("Final Tenant Improvement Plans and Specifications") for the Tenant Improvements. The Final Tenant Improvement Plans and Specifications shall be consistent with the Landlord-approved Preliminary Tenant Improvement Plans and Specifications. Tenant shall EXHIBIT "C" ----------- then deliver the Final Tenant Improvement Plans and Specifications to Landlord. Landlord shall approve or disapprove the Final Tenant Improvement Plans and Specifications within ten (10) days after Landlord receives the Final Tenant Improvement Plans and Specifications and, if disapproved, Landlord shall return the Final Tenant Improvement Plans and Specifications to Tenant who shall make all necessary revisions within ten (10) days after Tenant's receipt thereof. This procedure shall be repeated until Landlord approves the Final Tenant Improvement Plans and Specifications; provided, however, Landlord shall approve or disapprove any Landlord requested revisions to the Final Tenant Improvement Plans and Specifications within five (5) days after Landlord's receipt of such revisions.

Final Plans and Specifications. After the Preliminary Tenant ------------------------------ Improvement Plans and Specifications are approved by Landlord, Tenant shall cause the Architect deliver to prepare, in sixty (60) days following Landlord's approval of the Preliminary Tenant Improvement Plans and Specifications, the Landlord its final working architectural and engineering plans plans, specifications and specifications drawings ("Final Tenant Improvement Plans and Specifications") for Tenant's Initial Alterations. Landlord shall have the Tenant Improvements. The right to reasonably approve or disapprove (with specific reasons therefor) Tenant's Final Tenant Improvement Plans and Specifications shall be consistent with but only if, and to the Landlord-approved Preliminary Tenant Improvement Plans and Specifications. Tenant shall EXHIBIT "C" ----------- then deliver the extent that, such Final Tenant Improvement Plans and Specifications in Landlord's reasonable opinion (i) do not materially conform to Landlordthe scope and preliminary design of Tenant's Initial Alterations, as set forth in Section 3 below and as shown on the attached Floor Plan and Development Drawings; or (ii) include modifications that compromise or otherwise impair the structural integrity of the Building; or (iii) do not conform to any requirements set forth in Section 3 herein; or (iv) negatively affect the exterior appearance of the Premises; or (v) do not conform to industry-standard quality of construction for comparable Class A warehouse buildings in the Oakland, San Leandro, San Lorenzo, Hayward, Union City market; or (vi) are not in strict compliance with Sections 10, 30 and 38 of the Lease. With respect to any such items for which Landlord has approval rights as set forth hereinabove, Landlord shall reasonably approve or disapprove (with specific reasons therefor) Tenant's first submission of the Final Tenant Improvement Plans and Specifications within ten five (105) business days after Landlord receives the Final Tenant Improvement Plans and Specifications and, if same. If disapproved, Landlord shall return the first submission of the Final Tenant Improvement Plans and Specifications to Tenant Tenant, who shall make all necessary revisions and re-submit the revised Final Plans and Specification to Landlord within ten five (105) business days after Tenant's receipt thereof. This procedure shall be repeated until Landlord approves approves, in writing, the Final Tenant Improvement Plans and Specifications; provided. If Landlord has not approved or disapproved such Final Plans and Specifications within the five (5) business days, however, Tenant shall provide written notice to Landlord. If Landlord shall approve has not approved or disapprove disapproved the first submission or any Landlord requested revisions to the subsequent revised Final Tenant Improvement Plans and Specifications within five (5) days after of receipt of Tenant's notice, Landlord shall be deemed conclusively to have approved the Final Plans and Specifications. Notwithstanding anything herein to the contrary, Landlord and Tenant agree to exercise good faith and due diligence to cause any disputes regarding the Final Plans and Specifications to be resolved promptly. The approved Final Plans and Specifications, as modified (if applicable), shall be deemed the "Construction Documents" for Tenant's Initial Alterations. Delivery of any Final Plans and Specifications and/or Construction Documents and/or any Notices required under this Exhibit L shall be delivered by messenger service, by personal hand delivery or by overnight parcel service to Landlord's receipt and Tenant's Addresses, both as set forth on page 1 of this Lease. To the extent Landlord has the right to approve the Final Plans and Specifications and/or the Construction Documents as hereinabove set forth, Landlord's interest in doing so is to protect the Premises, the Building and Landlord's interest therein. Accordingly, Tenant shall not rely upon Landlord's approvals, and Landlord shall not be the guarantor of, nor responsible for, the adequacy and correctness or accuracy of the Final Plans and Specifications, and the Construction Documents, or the compliance thereof with applicable laws, and Landlord shall incur no liability of any kind by reason of granting such revisionsapprovals.

Final Plans and Specifications. After the Final Preliminary Tenant ------------------------------ Improvement Plans and Specifications are approved by LandlordLandlord and are deemed to be the Final Preliminary Plans and Specifications, Tenant shall cause the Architect to prepare, in sixty (60) days following Landlord's approval of the Preliminary Tenant Improvement Plans and Specifications, prepare the final working architectural and engineering plans plans, specifications and specifications drawings ("“Final Tenant Improvement Plans and Specifications"”) for the Tenant Improvements. The Tenant anticipates, and Landlord acknowledges, that at several intervals over a period of six (6) months from the date that the Final Tenant Improvement Preliminary Plans and Specifications shall have been approved by Landlord (“Plan Submittal Period”), the Architect will be consistent with the preparing for each Building, and submitting to Landlord for Landlord-approved Preliminary Tenant Improvement ’s reasonable review and approval, two sets of Final Plans and Specifications. Tenant shall EXHIBIT "C" ----------- then deliver anticipates that one of the two sets of Final Tenant Improvement Plans and Specifications to Landlordfor a Building will depict the upper floors comprised of office/open office environments, and the second set of Final Plans and Specifications will depict the first floor of the Building, which could include food service/café, data room, executive business center or all-hands meeting center elements. Landlord shall reasonably approve or disapprove the Final Tenant Improvement Plans and Specifications (and will not unreasonably condition its approval thereof) for a particular Building within ten twenty (1020) days after Landlord receives the Final Tenant Improvement Plans and Specifications for such Building, and, if reasonably disapproved, Landlord shall return the Final Tenant Improvement Plans and Specifications to Tenant who shall make all necessary revisions within ten (10with a detailed explanation of the reason(s) days after Tenant's receipt thereof. This for disapproval, and the procedure described on Section 2.A. above shall be repeated until Landlord approves approves, in writing, the Final Tenant Improvement Plans and Specifications; provided. The approved Final Plans and Specifications, howeveras modified, Landlord shall approve or disapprove any Landlord requested revisions to be deemed the “Construction Documents”. Any delay in Tenant’s submitting Final Tenant Improvement Plans and Specifications within five (5) days after Landlord's receipt for all Buildings by the last day of such revisionsthe Plan Submittal Period for reasons other than Landlord Delay or a “Tenant Plan Delay.”

Final Plans and Specifications. After the Preliminary Tenant ------------------------------ Improvement Plans and Specifications are approved by Landlord, Tenant shall cause the Architect to prepare, in sixty (60) days following Landlord's approval of the Preliminary Tenant Improvement Plans and Specifications, prepare the final working architectural and engineering plans and specifications ("Final Tenant Improvement Plans and Specifications") for the Tenant Improvements. The Final Tenant Improvement Plans and Specifications shall be consistent with the Landlord-Landlord- approved Preliminary Tenant Improvement Plans and Specifications. Tenant shall EXHIBIT "C" ----------- then deliver the Final Tenant Improvement Plans and Specifications to Landlord. Landlord shall approve or disapprove the Final Tenant Improvement Plans and Specifications in writing within ten five (105) business days after Landlord receives the Final Tenant Improvement Plans and Specifications Specifications, and, if disapproved, Landlord shall return the Final Tenant Improvement Plans and Specifications to Tenant who with a reasonably specific explanation of the reasons for Landlord's disapproval. Tenant shall make all necessary revisions within ten (10) days requested by Landlord after Tenant's receipt thereofof Landlord's disapproval of the Final Plans and Specifications. This Landlord shall approve or disapprove such revisions in writing within five (5) business days after Landlord receives the revised Final Plans and Specifications, and, if disapproved, Landlord shall return the revised Final Plans and Specifications with a reasonably specific explanation of the reasons for Landlord's disapproval. The revision procedure specified in this paragraph shall be repeated until Landlord approves the Final Tenant Improvement Plans and Specifications; provided. Upon approval by Landlord, however, Landlord Tenant shall approve or disapprove any Landlord requested revisions to submit the Final Tenant Improvement Plans and Specifications within five (5) days after to all appropriate governmental authorities to obtain building permits and any other necessary approvals for the construction of the Tenant Improvements. While Landlord has the right to approve all such plans and specifications, Landlord's receipt of such revisions.interest in doing so is to protect the Premises and the Property. Accordingly, Tenant shall not rely upon Landlord's approvals and Landlord shall not be the guarantor of, nor responsible for, the WEST\225501828.8 3

Final Plans and Specifications. After 2.4.1 Following Landlord's approval of the Preliminary Tenant ------------------------------ Improvement Plans and Specifications are approved by LandlordPlans, Tenant shall cause the Architect to prepareprepare and deliver to Landlord for review: (i) construction plans, in sixty (60) days following Landlordspecifications and drawings for Tenant's approval of the Preliminary Tenant Improvement Plans and Specifications, the final working architectural and engineering plans and specifications Work ("Final Tenant Improvement Plans CONSTRUCTION DRAWINGS"), and Specifications"(ii) a detailed cost estimate for Tenant's Work broken down by trade (i.e., mechanical, electrical, plumbing, etc.), unit prices for the Tenant Improvements. The Final Tenant Improvement Plans items specified in the Construction Drawings and Specifications shall be consistent with a project construction schedule in a format reasonably acceptable to both parties (collectively such items listed in clauses (i) and (ii) are referred to herein as the Landlord-approved Preliminary Tenant Improvement Plans and Specifications. Tenant shall EXHIBIT "C" ----------- then deliver the Final Tenant Improvement Plans and Specifications to LandlordCONSTRUCTION DATA"). Landlord shall have the right to approve or disapprove the Final Tenant Improvement Plans Construction Drawings, which approval shall not be unreasonably withheld or delayed. Landlord may participate in all design meetings with Tenant, the Architect, Contractor and Specifications within ten (10) days after Landlord receives other design professional as appropriate in the Final Tenant Improvement Plans and Specifications and, if disapproved, course of the development of the Construction Data. Landlord shall return deliver its approval or disapproval of the Final Tenant Improvement Plans and Specifications Construction Drawings to Tenant who shall make all necessary revisions within ten (10) days after Tenant's receipt thereof. This procedure shall be repeated until Landlord approves the Final Tenant Improvement Plans and Specifications; provided, however, Landlord shall approve or disapprove any Landlord requested revisions to the Final Tenant Improvement Plans and Specifications within five (5) not later than 5 business days after Landlord's receipt of same. If Landlord disapproves the Construction Drawings such revisionsdisapproval shall be accompanied by detailed written comments setting forth the basis for such disapproval. Tenant and the Architect shall, within 5 business days after receipt of Landlord's disapproval of the Construction Drawings cause the Construction Drawings to be redrafted to address such issues, and shall resubmit them for Landlord's approval as described herein until Landlord approves the Construction Drawings. Tenant shall be solely responsible for ensuring that the Construction Drawings reflect Tenant's requirements for the Tenant Improvements. 2.4.2 Landlord shall have the right to disapprove the Construction Drawings which: (i) do not comply with all applicable building and land use laws, rules and regulations, (ii) in Landlord's reasonable opinion, adversely impact the Structure, or (iii) are not consistent with the Preliminary Plans. 2.4.3 No Tenant's Work may begin until final cost estimates for such Tenant's Work have been received and reasonably approved by Landlord, and any deposit required to be made by Tenant with Landlord in respect of costs in excess of the TI Allowance has been made.

Final Plans and Specifications. After (i) Following Landlord's approval of the Preliminary Tenant ------------------------------ Improvement Plans and Specifications are approved by LandlordPlans, Tenant shall cause the Architect to prepareprepare and deliver to Landlord for review: (i) construction plans, in sixty (60) days following Landlordspecifications and drawings for Tenant's approval of the Preliminary Tenant Improvement Plans and Specifications, the final working architectural and engineering plans and specifications Work ("Final Tenant Improvement Plans CONSTRUCTION DRAWINGS"), and Specifications"(ii) a detailed cost estimate for Tenant's Work broken down by trade (i.e., mechanical, electrical, plumbing, etc.), unit prices for the Tenant Improvements. The Final Tenant Improvement Plans items specified in the Construction Drawings and Specifications shall be consistent with a project construction schedule in a format reasonably acceptable to both parties (collectively such items listed in clauses (i) and (ii) are referred to herein as the Landlord-approved Preliminary Tenant Improvement Plans and Specifications. Tenant shall EXHIBIT "C" ----------- then deliver the Final Tenant Improvement Plans and Specifications to LandlordCONSTRUCTION DATA"). Landlord shall have the right to approve or disapprove the Final Tenant Improvement Plans Construction Drawings, which approval shall not be unreasonably withheld or delayed. Landlord may participate in all design meetings with Tenant, the Architect, Contractor and Specifications within ten (10) days after Landlord receives other design professional as appropriate in the Final Tenant Improvement Plans and Specifications and, if disapproved, course of the development of the Construction Data. Landlord shall return deliver its approval or disapproval of the Final Tenant Improvement Plans and Specifications Construction Drawings to Tenant who shall make all necessary revisions within ten (10) days after Tenant's receipt thereof. This procedure shall be repeated until Landlord approves the Final Tenant Improvement Plans and Specifications; provided, however, Landlord shall approve or disapprove any Landlord requested revisions to the Final Tenant Improvement Plans and Specifications within five (5) not later than 5 business days after Landlord's receipt of same. If Landlord disapproves the Construction Drawings such revisionsdisapproval shall be accompanied by detailed written comments setting forth the basis for such disapproval. Tenant and the Architect shall, within 5 business days after receipt of Landlord's disapproval of the Construction Drawings cause the Construction Drawings to be redrafted to address such issues, and shall resubmit them for Landlord's approval as described herein until Landlord approves the Construction Drawings. Tenant shall be solely responsible for ensuring that the Construction Drawings reflect Tenant's requirements for the Tenant Improvements. (ii) Landlord shall have the right to disapprove the Construction Drawings which: (i) do not comply with all applicable building and land use laws, rules and regulations, (ii) in Landlord's reasonable opinion, adversely impact the Structure or (iii) are not consistent with the Preliminary Plans. (iii) No Tenant's Work may begin until final cost estimates for such Tenant's Work have been received and reasonably approved by Landlord.

Final Plans and Specifications. After the Preliminary Tenant ------------------------------ Improvement Plans and Specifications are approved by Landlord, Tenant shall cause the Architect to prepare, in sixty (60) days following Landlord's approval of the Preliminary Tenant Improvement Plans and Specifications, prepare the final working architectural and engineering plans and specifications ("“Final Tenant Improvement Plans and Specifications"”) for the Tenant Improvements. The Final Tenant Improvement Plans and Specifications shall be consistent with the Landlord-approved Preliminary Tenant Improvement Plans and Specifications. Tenant shall EXHIBIT "C" ----------- then deliver the Final Tenant Improvement Plans and Specifications to Landlord. Landlord shall approve or disapprove the Final Tenant Improvement Plans and Specifications in writing within ten five (105) business days after Landlord receives the Final Tenant Improvement Plans and Specifications Specifications, and, if disapproved, Landlord shall return the Final Tenant Improvement Plans and Specifications to Tenant who with a reasonably specific explanation of the reasons for Landlord’s disapproval. Tenant shall make all necessary revisions requested by Landlord after Tenant’s receipt of Landlord’s disapproval of the Final Plans and Specifications. Landlord shall approve or disapprove such revisions in writing within ten five (105) business days after Tenant's receipt thereofLandlord receives the revised Final Plans and Specifications, and, if disapproved, Landlord shall return the revised Final Plans and Specifications with a reasonably specific explanation of the reasons for Landlord’s disapproval. This The revision procedure specified in this paragraph shall be repeated until Landlord approves the Final Tenant Improvement Plans and Specifications; provided. Upon approval by Landlord, however, Landlord Tenant shall approve or disapprove any Landlord requested revisions to submit the Final Tenant Improvement Plans and Specifications within five (5) days after to all appropriate governmental authorities to obtain building permits and any other necessary approvals for the construction of the Tenant Improvements. While Landlord has the right to approve all such plans and specifications, Landlord's receipt ’s interest in doing so is to protect the Premises and the Property. Accordingly, Tenant shall not rely upon Landlord’s approvals and Landlord shall not be the guarantor of, nor responsible for, the correctness or accuracy of the Preliminary Plans and Specifications or the Final Plans and Specifications, or the compliance thereof with applicable laws, and Landlord shall incur no liability of any kind by reason of granting such revisionsapprovals.

Final Plans and Specifications. After the Final Preliminary Tenant ------------------------------ Improvement Plans and Specifications are approved by LandlordLandlord and are deemed to be the Final Preliminary Plans and Specifications, Tenant shall cause the Architect to prepare, prepare in sixty twenty (6020) days following Landlord's ’s approval of the Final Preliminary Tenant Improvement Plans and Specifications, Specifications the final working architectural and engineering plans plans, specifications and specifications drawings, ("“Final Tenant Improvement Plans and Specifications"”) for the Tenant Improvements. The Final Tenant Improvement Plans and Specifications shall be consistent with the Landlord-approved Preliminary Tenant Improvement Plans and Specifications. Tenant shall EXHIBIT "C" ----------- then deliver the Final Tenant Improvement Plans and Specifications to Landlord. Landlord shall reasonably approve or disapprove the Final Tenant Improvement Plans and Specifications within ten five (105) days after Landlord receives the Final Tenant Improvement Plans and Specifications and, if disapproved, Landlord shall return the Final Tenant Improvement Plans and Specifications to Tenant who shall make all necessary revisions within ten (10) days after Tenant's ’s receipt thereof. This procedure shall be repeated until Landlord approves approves, in writing, the Final Tenant Improvement Plans and Specifications. Landlord shall not reasonably disapprove any portion of the Final Preliminary Plans and Specifications to the extent in conformance with the Preliminary Plans and Specifications previously approved by Landlord. The approved Final Plans and Specifications, as modified, shall be deemed the “Construction Documents”. Landlord agrees that the Tenant Improvements may include the items listed in the attached Exhibit A-2; provided, however, Landlord such Tenant Improvements, and the construction and installation thereof, shall approve or disapprove any Landlord requested revisions be subject to all of the Final Tenant Improvement Plans terms and Specifications within five (5) days after Landlord's receipt conditions of such revisionsthe Amendment.