Common use of Approval and Completion Clause in Contracts

Approval and Completion. 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, which is not settled within 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 Texxxx’x positions with respect to such dispute, (ii) all costs and expenses resulting from any such decision by Tenant shall be payable by Texxxx, and (iii) Tenant’s decision will not affect the base Building, structural components of the Building or any Building Systems (in which case Landlord shall make the final decision). Any changes to the TI Construction Drawings following Landlord’s and Texxxx’x approval of same requested by Tenant shall be processed as provided in Section 4 hereof.

Approval and Completion. 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 Construction Drawings must be completed by and approved not later than the dates date set forth in the list of critical dates attached hereto as Schedule 3 (the “Critical Dates Schedule”), in order for the Warm Shell and Tenant Improvements to be Substantially Complete by the Target Commencement Date (as defined in the Lease). Upon any dispute regarding the design of the Warm Shell and Tenant Improvements, which is not settled within 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 Warm Shell and Tenant Improvements, provided (i) Tenant acts reasonably and such final decision is either consistent with or a compromise between Landlord’s and Texxxx’x 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 Texxxxout of the Warm Up/TI Fund, and (iii) Tenant’s decision will not affect the base BuildingBuildings, structural components of the Building Buildings or any Building Systems (in which case Landlord shall make the final decision). Any changes to the TI Construction Drawings following Landlord’s and Texxxx’x Tenant’s approval of same requested by Tenant shall be processed as provided in Section 4 hereof.

Approval and Completion. It is hereby acknowledged by Landlord and Tenant that Tenant, in Tenant’s reasonable discretion, shall approve (or disapprove with stated reasons for disapproval) the schematic design TI Construction Drawings within five (5) business days of Landlord’s delivery of the Tenant Improvementssame to Tenant, the design development for the Tenant Improvements and the completion in order to facilitate Substantial 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 Second Expansion Premises Commencement Date (as defined in Date; provided, however, that Tenant may not disapprove any matter that is consistent with the Lease)Space Plans without submitting a Change Request. 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 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 Texxxx’x 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 Texxxxout of the TI Fund (as defined in Section 5(c) below), and (iii) Tenant’s decision will not affect the base Building, structural components of the Building or any Building Systems (in which case Landlord shall make the final decision)systems. Any changes to the Space Plans and/or TI Construction Drawings following Landlord’s and Texxxx’x Tenant’s approval of same requested by Tenant shall be processed as provided in Section 4 hereof.

Approval and Completion. 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 TI Construction Drawings must be completed and approved for submission by the dates date set forth in on the list of critical dates construction schedule attached hereto as Schedule 3 (the “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, which is not settled within 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 Texxxx’x 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 TexxxxTenant, and (iii) Tenant’s decision will not affect the base Building, structural components of the Building or any Building Systems (in which case Landlord shall make the final decision)Systems. Any changes to the TI Construction Drawings following Landlord’s and Texxxx’x Tenant’s approval of same requested by Tenant shall be processed as provided in Section 4 hereof.

Approval and Completion. It is hereby acknowledged by Landlord and Tenant that (x) TI Construction Drawings are not required on connection with Landlord’s Work being performed in the schematic design of Initial Premises, and (y) the Tenant Improvements, the design development for the Tenant Improvements and the completion of the permit set of plans TI Construction Drawings for Landlord’s Work to in the Subsequent Premises must be completed by the dates set forth in the list of critical dates attached hereto as Schedule 3 (the “Schedule”)and approved not later than February 15, 2018, in order for the Tenant Improvements Landlord’s Work in the Subsequent Premises to be Substantially Complete by the Subsequent Premises Target Commencement Date (as defined in the Lease). 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 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 Texxxx’x 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 Texxxxout of the TI Fund (as defined in Section 5(d) below), and (iii) Tenant’s decision will not affect the base Building, structural components of the Building or any Building Systems (in which case Landlord shall make the final decision)systems. Any changes to the TI Construction Drawings following Landlord’s and Texxxx’x Tenant’s approval of same requested by Tenant shall be processed as provided in Section 4 hereof.

Approval and Completion. 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, which is not settled within 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 Texxxx’x Xxxxxx’s positions with respect to such dispute, (ii) all costs and expenses resulting from any such decision by Tenant shall be payable by TexxxxXxxxxx, and (iii) Tenant’s decision will not affect the base Building, structural components of the Building or any Building Systems (in which case Landlord shall make the final decision). Any changes to the TI Construction Drawings following Landlord’s and Texxxx’x Xxxxxx’s approval of same requested by Tenant shall be processed as provided in Section 4 hereof.

Approval and Completion. 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 If any dispute regarding the design of the Tenant Improvements, which Improvements is not settled within 10 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 Texxxx’x 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 TexxxxTenant, 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 Building Systems 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 TI Construction Drawings following Landlord’s and Texxxx’x Tenant’s approval of same requested by Tenant shall be processed as provided in Section 4 5 hereof.