Common use of Tenant's Requested Design Modifications Clause in Contracts

Tenant's Requested Design Modifications. Notwithstanding anything to the contrary contained herein, with respect to each of the Design Documents, Tenant shall have the right to request variations, additions, deletions, and/or substitutions to the Design of the Building (each, a “Tenant's Requested Design Modification”), in writing to the Landlord which shall be subject to the Landlord's approval, provided that Landlord may withhold its approval regarding any Tenant's Requested Design Modification only for those reasons that Landlord may withhold its approval regarding a Tenant's Requested Modification under Clause 8.1 below. Landlord shall have five (5) Business Days to review and respond to Tenant regarding any Tenant's Requested Design Modification. If within said five (5) Business Days of receipt of any such Tenant's Requested Design Modification, the Landlord shall not have in writing approved or objected to such Tenant's Requested Design Modification giving its reasons (subject to the terms and conditions of this subclause (vii)), then such approval shall be deemed to have been given by the Landlord. Any dispute as to whether the Landlord is withholding approval pursuant to and in accordance with this Clause 4.3(vii) shall be agreed between the Landlord and the Tenant as soon as reasonably practicable after a written request so to do by one party to the other or in the event they cannot so agree shall be determined in accordance with Clause 24. Unless Landlord withholds its approval as aforesaid, then upon receipt of a Tenant's Requested Design Modification, the Landlord shall procure as soon as reasonably practicable the preparation of drawings and specifications showing in detail and in scope the Tenant's Requested Design Modification, which drawings and specifications are in this Agreement together called “Design Modification Plans”. The Design Modification Plans shall be submitted promptly to the Tenant for approval (such approval not to be unreasonably withheld) and if within five (5) Business Days of such request the Tenant shall not have in writing approved or reasonably objected to such request giving its reasons then such approval shall be deemed to have been given by the Tenant). Upon Tenant's approval, any such Design Modification Plans shall be incorporated into the relevant Design Documents. In the event any Tenant's Requested Design Modification, including any time period(s) relative to approval of any such Tenant's Requested Design Modification and/or any associated Design Modification Plans, causes any of the time periods of the Design Process provided for in this Clause 4.3 to be extended or delayed, then the Outside Design Date (defined in Clause 32.2 below) shall be delayed on a corresponding day-for-day basis. In connection with the foregoing, should any Tenant's Requested Design Modification extend or delay any such time period(s) of the Design Process as aforesaid, Landlord shall, as soon as is reasonably practicable after acquiring actual knowledge of such delay or extension, notify Tenant in writing of the existence of such delay or extension. If Landlord fails to notify Tenant of any such delay or extension within ten (10) days after acquiring actual knowledge of such delay or extension, then such delay or extension shall automatically be deemed to be waived by Landlord for the period of such delay or extension occurring prior to the date of such notice.