Common use of Final Plans and Specifications Clause in Contracts

Final Plans and Specifications. After approval of the preliminary plans, Lessee shall submit for approval by Director six (6) complete sets of final plans, detailed specifications and a construction cost statement for the Alterations, together with one (1) set of appropriate structural computations, identical to those requested or required by the County Director of Public Works incident to the issuance of building permits under the relevant provisions of the Los Angeles County Building Code. Lessee shall file duplicate copies of the final plans, detailed specifications and construction cost statement required by this Section with the County Director of Public Works, together with the necessary and appropriate applications for building permits. Any difference in the scope, size, configuration, arrangement or motif of the Alterations from those described in the approved preliminary plans and specifications shall be separately identified and described. Director shall have twenty one (21) days within which to approve or disapprove such submission, and Director may disapprove such submission only on the grounds that (i) they do not reflect a natural evolution from or that they materially differ from the approved preliminary plans, outline specifications and construction cost estimates (exclusive of any Approved Governmental Changes), or (ii) that any new, different or additional specifications for the Improvements not expressly set forth in, and approved by Director as a part of, the preliminary plans do not meet the requirements for the Improvements set forth in this Article 5. Failure of Director to disapprove said materials within twenty one (21) days after Director’s receipt shall be deemed Director’s approval thereof; provided, however, that in the event that the final plans, detailed construction specifications and construction cost statement contain substantial changes from the preliminary plans, outline specifications and construction cost estimates (other than Approved Governmental Changes), then Director shall have sixty (60) days in which to approve said submission, which approval shall be deemed withheld if not granted in writing within such sixty (60) day period; and provided further, that together with the submission of the final plans, detailed construction specifications and construction cost statement, Lessee must deliver to Director a transmittal letter containing the following text prominently displayed in bold faced type: “PURSUANT TO SUBSECTION 5.3.3 OF THE LEASE AGREEMENT, IF THESE MATERIALS CONTAIN NO SUBSTANTIAL CHANGES (OTHER THAN APPROVED GOVERNMENTAL CHANGES) FROM THE MATERIALS PREVIOUSLY SUBMITTED TO YOU, YOU HAVE TWENTY ONE (21) DAYS AFTER RECEIPT OF THESE MATERIALS IN WHICH TO APPROVE OR DISAPPROVE THEM. FAILURE TO DISAPPROVE THESE MATERIALS IN WRITING WITHIN TWENTY ONE (21) DAYS OF YOUR RECEIPT OF THESE MATERIALS SHALL CONSTITUTE YOUR APPROVAL OF THEM.” Following any deemed disapproval of such submission by Director, Director shall, within thirty (30) days after receipt of a written request from Lessee, disclose to Lessee in writing Director’s objections to the submission. Director’s approval shall not be unreasonably withheld; provided, however, that it shall be deemed reasonable to disapprove any submission not in substantial conformity with the approved preliminary plans and specifications (exclusive of any Approved Governmental Changes), or which contains new, different or additional specifications for the Improvements which were not expressly set forth in, and approved by Director as a part of, the preliminary plans and which do not meet the requirements for the Improvements set forth in this Article 5. No material modification shall be made to the Alterations described in the approved final plans, specifications and costs (the “Final Plans and Specifications”) without the prior written approval of Director, which shall not be unreasonably withheld.

Final Plans and Specifications. After As soon as reasonably practicable after Director’s approval of the preliminary plans, outline specifications and construction cost estimates, Lessee shall submit for approval by Director six (6) complete sets an electronic disc, flash drive or other data storage device that includes flash memory with an integrated USB interface, or other electronic copy of final plans, detailed specifications and a construction cost statement estimate for the Alterations, together with one (1) set of appropriate structural computationscomputations (if structural work is contemplated), identical to those requested or required by the County Director of Public Works incident to the issuance of building permits under the relevant provisions of the Los Angeles County Building Code. Lessee shall file duplicate copies of the final plans, detailed specifications and construction cost statement required by this Section with the County Director of Public Works, together with the necessary and appropriate applications for building permits. Any difference in the scope, size, configuration, arrangement or motif of the Alterations from those described in the approved preliminary plans and specifications shall be separately identified and described. Director shall have twenty one (21) days after receipt within which to approve or disapprove such submission, and Director may disapprove such submission only on the grounds that (i) they do not reflect a natural evolution from or that they materially differ from the approved preliminary plans, outline specifications and construction cost estimates (exclusive of any Approved Governmental Changes), or (ii) that any new, different or additional specifications for the Improvements not expressly set forth in, and approved by Director as a part of, the preliminary plans do not meet the requirements for the Improvements set forth in this Article 5. Failure of Director to disapprove said final plans and related materials within twenty one (21) days after Director’s receipt shall be deemed Director’s approval thereof; provided, however, that in the event that the final plans, detailed construction specifications and construction cost statement estimate contain substantial changes from the approved preliminary plans, outline plans and specifications and construction cost estimates (other than Approved Governmental Changes), then Director shall have sixty (60) days in which to approve said submission, which approval shall be deemed withheld if not granted in writing within such sixty (60) day period; and provided further, that together with the submission of the final plans, detailed construction specifications and construction cost statementestimate, Lessee ▇▇▇▇▇▇ must deliver to Director a transmittal letter containing the following text prominently displayed in bold faced boldface type: “PURSUANT TO SUBSECTION 5.3.3 OF THE AMENDED AND RESTATED LEASE AGREEMENT, IF THESE MATERIALS CONTAIN NO SUBSTANTIAL CHANGES FROM THE MATERIALS PREVIOUSLY SUBMITTED TO YOU (OTHER THAN APPROVED GOVERNMENTAL CHANGES) FROM THE MATERIALS PREVIOUSLY SUBMITTED TO YOU), YOU HAVE TWENTY TWENTY-ONE (21) DAYS AFTER RECEIPT OF THESE MATERIALS IN WHICH TO APPROVE OR DISAPPROVE THEM. FAILURE TO DISAPPROVE THESE MATERIALS IN WRITING WITHIN TWENTY ONE (21) DAYS OF YOUR RECEIPT OF THESE MATERIALS SHALL CONSTITUTE YOUR APPROVAL OF THEM.” Following any deemed disapproval of such submission by Director, Director shall, within thirty (30) days after receipt of a written request from Lessee▇▇▇▇▇▇, disclose to Lessee ▇▇▇▇▇▇ in writing Director’s objections to the submission. Director’s approval shall not be unreasonably withheld, conditioned or delayed; provided, however, that it shall be deemed reasonable to disapprove any submission not in substantial conformity with the approved preliminary plans and specifications (exclusive of any Approved Governmental Changes), or which contains new, different or additional specifications for the Improvements which were not expressly set forth in, and approved by Director as a part of, the preliminary plans and which do not meet the requirements for the Improvements set forth in this Article 5. No material modification Material Modification shall be made to the Alterations Renovation Work described in the approved final plans, specifications and costs approved by Director (the “Final Plans and Specifications”) or to any Alterations without the prior written approval of Director, which shall not be unreasonably withheld, conditioned or delayed.

Final Plans and Specifications. After As soon as reasonably practicable after Chief Real Estate Officer’s approval of the preliminary plansPreliminary Plans for the Property, Lessee shall submit for approval by Director Chief Real Estate Officer six (6) complete sets of final plans, detailed specifications and a construction cost statement estimate for the AlterationsRedevelopment Work, together with one one‌ (1) set of appropriate structural computations, identical to those requested or required by the County Director of Public Works Chief Real Estate Officer incident to the issuance of building permits under the relevant provisions of the Los Angeles Orange County Building CodeCode (collectively, “Lessee’s Final Submittals”). Lessee shall file duplicate copies of the final plans, detailed specifications and construction cost statement required by this Section Lessee’s Final Submittals with the County Director of Public WorksCREO Office, together with the necessary and appropriate applications for building permits. Any difference Lessee shall clearly identify in the Lessee’s Final Submittals all differences in the scope, size, configuration, arrangement or motif of the Alterations Redevelopment Work from those described in the approved preliminary plans and specifications shall be separately identified and describedLessee’s Preliminary Plans previously approved. Director Chief Real Estate Officer shall have twenty one thirty (2130) days after receipt of Lessee’s Final Submittals within which to approve or disapprove such submission, and Director Chief Real Estate Officer may disapprove such submission only on the grounds that (ia) they do not reflect a natural evolution from or that they materially differ from the approved preliminary plans, outline specifications and construction cost estimates (exclusive of any Approved Governmental Changes)Lessee’s Preliminary Plans previously approved, or (iib) that any new, different or additional specifications for the Improvements not expressly set forth in, and approved by Director Chief Real Estate Officer as a part of, of the preliminary plans previously approved Lessee’s Preliminary Plans do not meet the requirements for the Improvements set forth in this Article 5. Failure of Director to disapprove said materials within twenty one (21) days after Director’s receipt shall be deemed Director’s approval thereof; provided, however, that in the event that the final plans, detailed construction specifications and construction cost statement contain substantial changes from the preliminary plans, outline specifications and construction cost estimates (other than Approved Governmental Changes), then Director shall have sixty (60) days in which If Chief Real Estate Officer fails to approve said submission, which approval shall be deemed withheld if not granted in writing or disapprove such submission within such sixty thirty (6030) day period; and provided further, that together with the submission of the final plans, detailed construction specifications and construction cost statement, Lessee must shall thereafter deliver to Director a transmittal letter to the CREO Office containing the following text prominently displayed in bold bold-faced typetype on the first page: “PURSUANT TO SUBSECTION 5.3.3 5.4.3 OF THE LEASE AGREEMENT, IF THESE MATERIALS CONTAIN NO SUBSTANTIAL CHANGES (OTHER THAN APPROVED GOVERNMENTAL CHANGES) FROM THE MATERIALS PREVIOUSLY SUBMITTED TO YOULEASE, YOU HAVE TWENTY ONE (2120) DAYS AFTER RECEIPT OF THESE MATERIALS IN WHICH THIS LETTER TO APPROVE OR DISAPPROVE THEMLESSEE’S FINAL SUBMITTALS. YOUR FAILURE TO DISAPPROVE THESE MATERIALS THE SAME IN WRITING WITHIN TWENTY ONE (2120) DAYS OF YOUR RECEIPT OF THESE MATERIALS SHALL THIS LETTER WILL CONSTITUTE YOUR APPROVAL OF THEMLESSEE’S FINAL SUBMITTALS.” Following subsequent Material Modifications to any deemed disapproval of such submission by Director, Director shall, within thirty (30) days after receipt of a written request from previously approved Lessee, disclose to Lessee in writing Director’s objections to the submission. Director’s approval shall not be unreasonably withheld; provided, however, that it shall be deemed reasonable to disapprove any submission not in substantial conformity with the approved preliminary plans and specifications (exclusive of any Approved Governmental Changes), or which contains new, different or additional specifications for the Improvements which were not expressly set forth in, and approved by Director as a part of, the preliminary plans and which do not meet the requirements for the Improvements set forth in this Article 5. No material modification shall be made to the Alterations described in the approved final plans, specifications and costs Final Submittals (the “Final Plans and Specifications”) without shall require the prior written approval of Director, which shall not be unreasonably withheldChief Real Estate Officer in accordance with the procedure set forth in this Subsection 5.4.3.

Final Plans and Specifications. After As soon as reasonably practicable after Director’s approval of the preliminary plans, outline specifications and construction cost estimates, Lessee shall submit for approval by Director six (6) complete sets of final plans, detailed specifications and a construction cost statement estimate for the Alterations, together with one (1) set of appropriate structural computations, identical to those requested or required by the County Director of Public Works incident to the issuance of building permits under the relevant provisions of the Los Angeles County Building Code. Lessee shall file duplicate copies of the final plans, detailed specifications and construction cost statement required by this Section with the County Director of Public Works, together with the necessary and appropriate applications for building permits. Any difference in the scope, size, configuration, arrangement or motif of the Alterations from those described in the approved preliminary plans and specifications shall be separately identified and described. Director shall have twenty one (21) days after receipt within which to approve or disapprove such submission, and Director may disapprove such submission only on the grounds that (i) they do not reflect a natural evolution from or that they materially differ from the approved preliminary plans, outline specifications and construction cost estimates (exclusive of any Approved Governmental Changes), or (ii) that any new, different or additional specifications for the Improvements not expressly set forth in, and approved by Director as a part of, the preliminary plans do not meet the requirements for the Improvements set forth in this Article 5. Failure of Director to disapprove said final plans and related materials within twenty one (21) days after Director’s receipt shall be deemed Director’s approval thereof; provided, however, that in the event that the final plans, detailed construction specifications and construction cost statement estimate contain substantial changes from the approved preliminary plans, outline plans and specifications and construction cost estimates (other than Approved Governmental Changes), then Director shall have sixty (60) days in which to approve said submission, which approval shall be deemed withheld if not granted in writing within such sixty (60) day period; and provided further, that together with the submission of the final plans, detailed construction specifications and construction cost statementestimate, Lessee ▇▇▇▇▇▇ must deliver to Director a transmittal letter containing the following text prominently displayed in bold faced type: “PURSUANT TO SUBSECTION 5.3.3 OF THE AMENDED AND RESTATED LEASE AGREEMENT, IF THESE MATERIALS CONTAIN NO SUBSTANTIAL CHANGES FROM THE MATERIALS PREVIOUSLY SUBMITTED TO YOU (OTHER THAN APPROVED GOVERNMENTAL CHANGES) FROM THE MATERIALS PREVIOUSLY SUBMITTED TO YOU), YOU HAVE TWENTY TWENTY-ONE (21) DAYS AFTER RECEIPT OF THESE MATERIALS IN WHICH TO APPROVE OR DISAPPROVE THEM. FAILURE TO DISAPPROVE THESE MATERIALS IN WRITING WITHIN TWENTY ONE (21) DAYS OF YOUR RECEIPT OF THESE MATERIALS SHALL CONSTITUTE YOUR APPROVAL OF THEM.” Following any deemed disapproval of such submission by Director, Director shall, within thirty (30) days after receipt of a written request from Lessee▇▇▇▇▇▇, disclose to Lessee ▇▇▇▇▇▇ in writing Director’s objections to the submission. Director’s approval shall not be unreasonably withheld, conditioned or delayed; provided, however, that it shall be deemed reasonable to disapprove any submission not in substantial conformity with the approved preliminary plans and specifications (exclusive of any Approved Governmental Changes), or which contains new, different or additional specifications for the Improvements which were not expressly set forth in, and approved by Director as a part of, the preliminary plans and which do not meet the requirements for the Improvements set forth in this Article 5. No material modification shall be made to the Alterations described in the approved final plans, specifications and costs (the “Final Plans and Specifications”) without the prior written approval of Director, which shall not be unreasonably withheld, conditioned or delayed.

Final Plans and Specifications. After As soon as practicable, but in no event later than sixty (60) days after the later of (a) approval of the preliminary plans, outline specifications and construction cost estimate by Director, or (b) final approval by the California Coastal Commission (if required), Lessee shall submit for approval by Director six (6) complete sets of final plans, detailed specifications and a construction cost statement estimate for the Alterations, together with one (1) set of appropriate structural computations, identical to those requested or required by the County Director of Public Works incident to the issuance of building permits under the relevant provisions of the Los Angeles County Building Code. Lessee shall file duplicate copies of the final plans, detailed specifications and construction cost statement required by this Section with the County Director of Public Works, together with the necessary and appropriate applications for building permits. Any difference in the scope, size, configuration, arrangement or motif of the Alterations from those described in the approved preliminary plans and specifications shall be separately identified and described. Director shall have twenty one (21) days after receipt within which to approve or disapprove such submission, and Director may disapprove such submission only on the grounds that (i) they do not reflect a natural evolution from or that they materially differ from the approved preliminary plans, outline specifications and construction cost estimates (exclusive of any Approved Governmental Changes), or (ii) that any new, different or additional specifications for the Improvements not expressly set forth in, and approved by Director as a part of, the preliminary plans do not meet the requirements for the Improvements set forth in this Article 5. Failure of Director to disapprove said final plans and related materials within twenty one (21) days after Director’s receipt shall be deemed Director’s approval thereof; provided, however, that in the event that the final plans, detailed construction specifications and construction cost statement estimate contain substantial changes from the approved preliminary plans, outline specifications plans and construction cost estimates (other than Approved Governmental Changes)specifications, then Director shall have sixty (60) days in which to approve said submission, which approval shall be deemed withheld if not granted in writing within such sixty (60) day period; and provided further, that together with the submission of the final plans, detailed construction specifications and construction cost statementestimate, Lessee must deliver to Director a transmittal letter containing the following text prominently displayed in bold faced type: “PURSUANT TO SUBSECTION 5.3.3 OF THE AMENDED AND RESTATED LEASE AGREEMENT, IF THESE MATERIALS CONTAIN NO SUBSTANTIAL CHANGES (OTHER THAN APPROVED GOVERNMENTAL CHANGES) FROM THE MATERIALS PREVIOUSLY SUBMITTED TO YOU, YOU HAVE TWENTY ONE (21) DAYS AFTER RECEIPT OF THESE MATERIALS IN WHICH TO APPROVE OR DISAPPROVE THEM. FAILURE TO DISAPPROVE THESE MATERIALS IN WRITING WITHIN TWENTY ONE (21) DAYS OF YOUR RECEIPT OF THESE MATERIALS SHALL CONSTITUTE YOUR APPROVAL OF THEM.” Following any deemed disapproval of such submission by Director, Director shall, within thirty (30) days after receipt of a written request from Lessee, disclose to Lessee in writing Director’s objections to the submission. Director’s approval shall not be unreasonably withheld; provided, however, that it shall be deemed reasonable to disapprove any submission not in substantial conformity with the approved preliminary plans and specifications (exclusive of any Approved Governmental Changes), or which contains new, different or additional specifications for the Improvements which were not expressly set forth in, and approved by Director as a part of, the preliminary plans and which do not meet the requirements for the Improvements set forth in this Article 5. No material modification shall be made to the Alterations described in the approved final plans, specifications and costs (the “Final Plans and Specifications”) without the prior written approval of Director, which shall not be unreasonably withheld.TWENTY-ONE

Final Plans and Specifications. After As soon as reasonably practicable after Director’s approval of the preliminary plansplans submitted pursuant to Section 5.3.2, Lessee outline specifications and construction cost estimates, Concessionaire shall submit for approval by Director six (6) complete sets of final plans, detailed specifications and a construction cost statement estimate for the Alterations, together with one (1) set of appropriate structural computations, identical to those requested or required by the County Director of Public Works incident to the issuance of building permits under the relevant provisions of the Los Angeles County Building Code. Lessee Concessionaire shall file duplicate copies of the final plans, detailed specifications and construction cost statement required by this Section with the County Director of Public Works, together with the necessary and appropriate applications for building permits. Any difference in the scope, size, configuration, arrangement or motif of the Alterations from those described in the approved preliminary plans and specifications pursuant to Section 5.3.2 shall be separately identified and described. Director shall have twenty one (21) days after receipt within which to approve or disapprove such submission, and Director may disapprove such submission only on the grounds that (i) they do not reflect a natural evolution from or that they materially differ from the approved preliminary plans, outline specifications and construction cost estimates (exclusive of any Approved Governmental Changes), or (ii) that any new, different or additional specifications for the Improvements not expressly set forth in, and approved by Director as a part of, the preliminary plans pursuant to Section 5.3.2 do not meet the requirements for the Improvements set forth in this Article 5. Failure of Director to disapprove said final plans and related materials within twenty one (21) days after Director’s receipt shall be deemed Director’s approval thereof; provided, however, that in the event that the final plans, detailed construction specifications and construction cost statement estimate contain substantial changes from the approved preliminary plans, outline plans and specifications and construction cost estimates (other than Approved Governmental Changes), then Director shall have sixty (60) days in which to approve said submission, which approval shall be deemed withheld if not granted in writing within such sixty (60) day period; and provided further, that together with the submission of the final plans, detailed construction specifications and construction cost statementestimate, Lessee Concessionaire must deliver to Director a transmittal letter containing the following text prominently displayed in bold faced type: “PURSUANT TO SUBSECTION 5.3.3 5.3.3. OF THE LEASE AGREEMENTTHIS CONTRACT, IF THESE MATERIALS CONTAIN NO SUBSTANTIAL CHANGES FROM THE MATERIALS PREVIOUSLY SUBMITTED TO YOU (OTHER THAN APPROVED GOVERNMENTAL CHANGES) FROM THE MATERIALS PREVIOUSLY SUBMITTED TO YOU), YOU HAVE TWENTY TWENTY-ONE (21) DAYS AFTER RECEIPT OF THESE MATERIALS IN WHICH TO APPROVE OR DISAPPROVE THEM. FAILURE TO DISAPPROVE THESE MATERIALS IN WRITING WITHIN TWENTY ONE (21) DAYS OF YOUR RECEIPT OF THESE MATERIALS SHALL CONSTITUTE YOUR APPROVAL OF THEM.” Following any deemed disapproval of such submission by Director, Director shall, within thirty (30) days after receipt of a written request from LesseeConcessionaire, disclose to Lessee Concessionaire in writing Director’s objections to the submission. Director’s approval shall not be unreasonably withheld, conditioned or delayed; provided, however, that it shall be deemed reasonable to disapprove any submission not in substantial conformity with the approved preliminary plans and specifications (exclusive of any Approved Governmental Changes), or which contains new, different or additional specifications for the Improvements which were not expressly set forth in, and approved by Director as a part of, the preliminary plans and which do not meet the requirements for the Improvements set forth in this Article 5. No material modification shall be made to the Alterations described in the approved final plans, specifications and costs (the “Final Plans and Specifications”) without the prior written approval of Director, which shall not be unreasonably withheld, conditioned or delayed.