Common use of Plan Approval Process Clause in Contracts

Plan Approval Process. Landlord and Tenant have approved the following preliminary plans and specifications for the Base Building and Site Improvements (the “Preliminary Plans”): (1) Scope Drawings listed on attached EXHIBIT “F-1”, Architectural Standards listed on attached EXHIBIT “F-2”, and the Minimum Shell Condition Requirements listed on attached EXHIBIT “F-3”. To the extent there is any conflict between the Scope Drawings or the Architectural Standards and the Minimum Shell Condition Requirements, the Minimum Shell Condition Requirements shall control. During the design process, Landlord and Tenant will hold at least bi-weekly status meetings consisting of the respective team managers and other appropriate personnel. Landlord will endeavor to provide Tenant, on or before the date that is 60 days after the date of this Lease, detailed plans and specifications for the construction of the Base Building and Site Improvements (the “Construction Plans”). The Construction Plans shall be consistent with the Preliminary Plans. Within 8 business days after its receipt of the Construction Plans (or receipt of any modified Construction Plans as provided below), Tenant shall notify Landlord of its approval or disapproval of the Construction Plans (which approval shall not be unreasonably withheld), and if Tenant disapproves the Construction Plans, the revisions that Tenant requires in order to obtain such approval. It is agreed that Tenant will not object to Construction Plans to the extent that they conform to the Preliminary Plans; without limiting the foregoing, specifications included in the Construction Plans shall be consistent with the high quality materials (taking into account useful life, future operating costs and maintenance) contemplated in the Preliminary Plans. As promptly as reasonably possible thereafter, but no later than 30 days after Tenant’s response, Landlord shall submit to Tenant modified Construction Plans incorporating appropriate revisions. Tenant’s approval of the final Construction Plans shall be evidenced by the signature of Tenant’s authorized representative on the top of each sheet of the approved construction drawings and specifications. The approved construction drawings and specifications are herein termed the “Approved Plans”. If within the time periods provided above Tenant fails to approve or disapprove any submittal from Landlord to Tenant, said submittal shall be deemed approved. Once approved by Tenant, Landlord will not change any of the Approved Plans without Tenant’s consent, which consent shall not be unreasonably withheld, conditioned or delayed provided such change is not material to the design or quality of the Base Building or Site Improvements; if such change is material to the design or quality of the Base Building or Site Improvements, Tenant may withhold its consent in Tenant’s sole discretion.

Plan Approval Process. Landlord (i) Subtenant shall cause Subtenant’s Representative to attend, at Sublandlord’s request, weekly meetings to prepare, refine, review and Tenant have approved discuss the following preliminary plans design, scheduling and specifications for the Base Building and Site Improvements (the “Preliminary Plans”): (1) Scope Drawings listed on attached EXHIBIT “F-1”, Architectural Standards listed on attached EXHIBIT “F-2”, and the Minimum Shell Condition Requirements listed on attached EXHIBIT “F-3”. To the extent there is any conflict between the Scope Drawings or the Architectural Standards and the Minimum Shell Condition Requirements, the Minimum Shell Condition Requirements shall control. During the design process, Landlord and Tenant will hold at least bi-weekly status meetings consisting of the respective team managers and other appropriate personnel. Landlord will endeavor to provide Tenant, on or before the date that is 60 days after the date of this Lease, detailed plans and specifications for the construction of the Base Building Subleased Premises Work, so as to produce plans for review, comments and Site Improvements approval or disapproval by Subtenant. (the “Construction Plans”). The Construction Plans shall be consistent ii) Consistent with the Preliminary PlansSubleased Premises Construction Schedule and the provisions of this Work Letter, the Approved Architect shall deliver to Overlandlord, Sublandlord, and Subtenant for their respective review and approval a proposed draft of the Subleased Premises CDs. Within 8 Subtenant shall advise Overlandlord, Sublandlord and Approved Architect in writing within five (5) business days after its receipt thereof if the same are unsatisfactory or incomplete in any respect, together with details of the Construction Plans (or receipt of any modified Construction Plans as provided below), Tenant shall notify Landlord of its approval or disapproval of the Construction Plans (which approval unsatisfactory and/or omitted items and Subtenant’s proposed resolution thereof. It shall not be unreasonably withheld), and if Tenant disapproves reasonable for Subtenant to disapprove the Construction Plans, the revisions that Tenant requires in order to obtain such approval. It is agreed that Tenant will not object to Construction Plans Subleased Premises CDs to the extent that they conform are consistent with or are a logical evolution of the Approved Concept Plan. Subtenant acknowledges that Sublandlord may reasonably disapprove any iteration of any of the plans based on Sublandlord’s reasonable conclusion that (a) one or more aspects of such plan will cause an actual delay of the substantial completion of the Additional Premises Work or Subleased Premises Work or any phase thereof or (b) Overlandlord may disapprove any iteration of any plans to the Preliminary Plans; without limiting the foregoing, specifications included extent set forth in the Construction Plans ▇▇▇▇▇▇▇▇▇. It shall not be consistent unreasonable for Subtenant to disapprove any iteration of the Subleased Premises CDs that contains errors or omissions or is inconsistent with the high quality materials (taking into account useful lifeApproved Concept Plan, future operating costs and maintenance) contemplated any such disapproval shall not constitute a Subtenant Delay. Until approved, Sublandlord and Subtenant shall confer and negotiate reasonably and in good faith to reach agreement on the Preliminary Plans. As promptly Subleased Premises CDs as soon as reasonably possible thereafterand in any event, but no later than 30 within the timeframes established therefor in the Subleased Premises Construction Schedule. (iii) If Subtenant fails to timely respond to a request for approval or disapproval under this Section 1(h), Sublandlord may send a notice in an envelope that conspicuously states the following in bold caps “NOTICE REQUIRING TIMELY RESPONSE” and which shall include (A) an explicit statement that such notice is a “reminder notice” as provided in this Section 1(h) and (B) an explicit statement that the failure to respond will trigger the provisions of this Section 1(h) for deemed approval. If Subtenant fails to respond thereto within five (5) business days after Tenant’s responsereceipt thereof, Landlord Subtenant shall submit be deemed to Tenant modified Construction Plans incorporating appropriate revisions. Tenant’s have given its approval of the final Construction Plans shall be evidenced by the signature of Tenant’s authorized representative on the top of each sheet of the approved construction drawings and specifications. The approved construction drawings and specifications are herein termed the “Approved Plans”. If within the time periods provided above Tenant fails to approve or disapprove any submittal from Landlord to Tenant, said submittal shall be deemed approved. Once approved by Tenant, Landlord will not change any of the Approved Plans without Tenant’s consent, which consent shall not be unreasonably withheld, conditioned or delayed provided such change is not material to the design or quality of the Base Building or Site Improvements; if such change is material to the design or quality of the Base Building or Site Improvements, Tenant may withhold its consent in Tenant’s sole discretionSubleased Premises CDs.