Common use of Approval and Completion Clause in Contracts

Approval and Completion. If any dispute regarding the design of the Tenant Improvements is not settled within ten (10) business days after notice of such dispute is delivered by one party to the other, Tenant may make the final decision regarding the design of the Tenant Improvements, provided (i) Tenant acts reasonably and such final decision is either consistent with or a compromise between Landlord’s and Tenant’s positions with respect to such dispute, (ii) that all costs and expenses resulting from any such decision by Tenant shall be payable by Tenant, including utilizing the TI Allowance pursuant to Section 6(d), and (iii) Tenant’s decision will not affect the base Building, the structural components of the Building, any Building systems, or any areas outside the Premises (including the Expansion Premises) (in which case Landlord shall make the final decision). If any dispute regarding the design of the Lobby Improvements is not settled within ten (10) business days after notice of such dispute is delivered by one party to the other, Landlord may make the final decision regarding the design of the Lobby Improvements in its sole and absolute discretion. Any changes to the Construction Drawings following Landlord’s and Tenant’s approval of same requested by Tenant shall be processed as provided in Section 5 hereof.

Appears in 1 contract

Samples: Lease Agreement (Enanta Pharmaceuticals Inc)

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Approval and Completion. If It is hereby acknowledged by Landlord and Tenant that the schematic design of the Tenant Improvements, the design development for the Tenant Improvements and the completion of the permit set of plans for Landlord’s Work to be completed by the dates set forth in the list of critical dates attached hereto as Schedule 3 (the “Schedule”), in order for the Tenant Improvements to be Substantially Complete by the Target Commencement Date (as defined in the Lease). Upon any dispute regarding the design of the Tenant Improvements Improvements, which is not settled within ten (10) 10 business days after notice of such dispute is delivered by one party to the other, Tenant may make the final decision regarding the design of the Tenant Improvements, provided (i) Tenant acts reasonably and such final decision is either consistent with or a compromise between Landlord’s and Tenant’s Texxxx’x positions with respect to such dispute, (ii) that all costs and expenses resulting from any such decision by Tenant shall be payable by Tenant, including utilizing the TI Allowance pursuant to Section 6(d)Texxxx, and (iii) Tenant’s decision will not affect the base Building, the structural components of the Building, Building or any Building systems, or any areas outside the Premises (including the Expansion Premises) Systems (in which case Landlord shall make the final decision). If any dispute regarding the design of the Lobby Improvements is not settled within ten (10) business days after notice of such dispute is delivered by one party to the other, Landlord may make the final decision regarding the design of the Lobby Improvements in its sole and absolute discretion. Any changes to the TI Construction Drawings following Landlord’s and Tenant’s Texxxx’x approval of same requested by Tenant shall be processed as provided in Section 5 4 hereof.

Appears in 1 contract

Samples: Lease Agreement (RayzeBio, Inc.)

Approval and Completion. If It is hereby acknowledged by Landlord and Tenant that the schematic design of the Tenant Improvements, the design development for the Tenant Improvements and the completion of the permit set of plans for Landlord’s Work to be completed by the dates set forth in the list of critical dates attached hereto as Schedule 3 (the “Schedule”), in order for the Tenant Improvements to be Substantially Complete by the Target Commencement Date (as defined in the Lease). Upon any dispute regarding the design of the Tenant Improvements Improvements, which is not settled within ten (10) 10 business days after notice of such dispute is delivered by one party to the other, Tenant may make the final decision regarding the design of the Tenant Improvements, provided (i) Tenant acts reasonably and such final decision is either consistent with or a compromise between Landlord’s and TenantXxxxxx’s positions with respect to such dispute, (ii) that all costs and expenses resulting from any such decision by Tenant shall be payable by Tenant, including utilizing the TI Allowance pursuant to Section 6(d)Xxxxxx, and (iii) Tenant’s decision will not affect the base Building, the structural components of the Building, Building or any Building systems, or any areas outside the Premises (including the Expansion Premises) Systems (in which case Landlord shall make the final decision). If any dispute regarding the design of the Lobby Improvements is not settled within ten (10) business days after notice of such dispute is delivered by one party to the other, Landlord may make the final decision regarding the design of the Lobby Improvements in its sole and absolute discretion. Any changes to the TI Construction Drawings following Landlord’s and TenantXxxxxx’s approval of same requested by Tenant shall be processed as provided in Section 5 4 hereof.

Appears in 1 contract

Samples: Lease Agreement (RayzeBio, Inc.)

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Approval and Completion. If It is hereby acknowledged by Landlord and Tenant that the TI Construction Drawings must be completed and approved for submission by the date set forth on the construction schedule attached hereto as Schedule 4, in order for the Tenant Improvements in Suite 1 to be Substantially Complete by the Target Commencement Date (as defined in the Lease) and the Suites 2-4 Tenant Improvements to be Substantially Complete by the Suites 2-4 Target Commencement Date. Upon any dispute regarding the design of the Tenant Improvements Improvements, which is not settled within ten (10) 10 business days after notice of such dispute is delivered by one party to the other, Tenant may make the final decision regarding the design of the Tenant Improvements, provided (i) Tenant acts reasonably and such final decision is either consistent with or a compromise between Landlord’s and Tenant’s positions with respect to such dispute, (ii) that all costs and expenses resulting from any such decision by Tenant shall be payable by Tenant, including utilizing the TI Allowance pursuant to Section 6(d), and (iii) Tenant’s decision will not affect the base Building, the structural components of the Building, Building or any Building systems, or any areas outside the Premises (including the Expansion Premises) (in which case Landlord shall make the final decision). If any dispute regarding the design of the Lobby Improvements is not settled within ten (10) business days after notice of such dispute is delivered by one party to the other, Landlord may make the final decision regarding the design of the Lobby Improvements in its sole and absolute discretionSystems. Any changes to the TI Construction Drawings following Landlord’s and Tenant’s approval of same requested by Tenant shall be processed as provided in Section 5 4 hereof.

Appears in 1 contract

Samples: Lease Agreement (Atara Biotherapeutics, Inc.)

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