Common use of Approval and Completion Clause in Contracts

Approval and Completion. Upon any dispute regarding the design of the Tenant Improvements, which is not settled within 10 business days after notice of such dispute is delivered by one party to the other, Tenant shall make the final decision regarding the design of the Tenant Improvements, provided 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, provided further that all costs and expenses resulting from any such decision by Tenant shall be payable out of the TI Fund (as defined in Section 5(d) below). 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 4 hereof.

Appears in 4 contracts

Samples: Lease Agreement (Ambrx Biopharma Inc.), Lease Agreement (Ambrx Biopharma Inc.), Lease Agreement (Biolex, Inc.)

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Approval and Completion. Upon any dispute regarding the design of the Tenant Improvements, which is not settled within 10 business days after notice of such dispute is delivered by one party to the other, Tenant shall make the final decision regarding the design of the Tenant Improvements, provided that (i) Landlord shall make the final decision regarding the design of the shell of the Building, (ii) Tenant acts and Landlord act reasonably and such final decision is decisions are either consistent with or a compromise between Landlord’s and Tenant’s positions with respect to such dispute, provided further that and (iii) all costs and expenses resulting from any such decision by Tenant shall be payable out of the TI Fund (Fund, as defined in Section 5(d) below). 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 4 hereofhereof (regarding Changes).

Appears in 2 contracts

Samples: Lease (Digene Corp), Lease (Qiagen Nv)

Approval and Completion. Upon any dispute regarding the design of the Tenant Improvements, which is not settled within 10 5 business days after notice of such dispute is delivered by one party to the other, Tenant shall make the final decision regarding the design of the Tenant Improvements, provided Tenant acts reasonably and such final decision is either consistent with or a compromise between Landlord’s 's and Tenant’s 's positions with respect to such dispute, provided further that all costs and expenses resulting from any such decision by Tenant shall be payable out of the TI Fund (Fund, as defined in Section 5(d) below). Any changes to the TI Construction Drawings following Landlord’s 's and Tenant’s 's approval of same requested by Tenant shall be processed as provided in Section 4 hereof.

Appears in 2 contracts

Samples: Lease Agreement (Equinix Inc), Lease Agreement (Equinix Inc)

Approval and Completion. Upon any dispute regarding the design of the Tenant Improvements, which is not settled within 10 five (5) business days after notice of such dispute is delivered by one party to the other, Tenant shall make the final decision regarding the design of the Tenant Improvements, provided Tenant acts reasonably and such final decision is either consistent with or a compromise between Landlord’s 's and Tenant’s 's positions with respect to such dispute, provided further that all costs and expenses resulting from any such decision by Tenant shall be payable out of the TI Fund (Fund, as defined in Section 5(d) below). Any changes to the TI Tl Construction Drawings following Landlord’s 's and Tenant’s 's approval of same requested by Tenant shall be processed as provided in Section 4 hereof.

Appears in 1 contract

Samples: Lease Agreement (Viacell Inc)

Approval and Completion. Upon any dispute regarding the design of the Tenant Improvements, which is not settled within 10 business days after notice of such dispute is delivered by one party to the other, Tenant shall make the final decision regarding the design of the Tenant Improvements, provided 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, provided further that all costs and expenses resulting from any such decision by Tenant shall be payable out of the TI Fund (by Tenant, as defined in Section 5(d) below). 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 4 hereof.

Appears in 1 contract

Samples: Lease Agreement (Omeros Corp)

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Approval and Completion. Upon any dispute regarding the design of the Tenant Improvements, which is not settled within 10 business days after notice of such dispute is delivered by one party to the other, Tenant shall make the final decision regarding the design of the Tenant Improvements, provided 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, provided further that all costs and expenses resulting from any such decision by Tenant shall be payable out of the TI Fund (as defined in Section 5(d5(g) below). 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 4 hereof.

Appears in 1 contract

Samples: Lease (Supernus Pharmaceuticals Inc)

Approval and Completion. Upon If any dispute regarding the design of the Tenant Improvements, which Improvements is not settled within 10 business days after notice of such dispute is delivered by one party to the other, Tenant shall 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 disputereasonably, provided further (ii) that all costs and expenses resulting from any such decision by Tenant shall be payable out of the TI Fund Fund, and (as defined iii) Tenant’s decision will not affect the base Building, structural components of the Building or any Building systems (in Section 5(d) belowwhich case Landlord shall make the final decision). 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 4 hereof.

Appears in 1 contract

Samples: Lease Agreement (Moderna, Inc.)

Approval and Completion. Upon any dispute regarding the design of the Tenant Improvements, which is not settled within 10 business days after notice of such dispute is delivered by one party to the other, Tenant shall make the final decision regarding the design of the Tenant Improvements, provided Tenant acts reasonably and such final decision is either consistent with or a compromise between Landlord’s 's and Tenant’s 's positions with respect to such dispute, provided further that all costs and expenses resulting from any such decision by Tenant shall be payable out of the TI Fund (Fund, as defined in In Section 5(d) below). Any changes to the TI Construction Drawings following Landlord’s 's and Tenant’s 's approval of same requested by Tenant shall be processed as provided in Section 4 hereof.

Appears in 1 contract

Samples: Lease Agreement (SGX Pharmaceuticals, Inc.)

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