Common use of Approval by Landlord Clause in Contracts

Approval by Landlord. Tenant's Plans and any revisions thereof shall be subject to Landlord's approval, which approval or disapproval (i) shall not be unreasonably withheld, provided however, that Landlord may disapprove Tenant's Plans in its sole discretion if they (a) adversely affect the structural integrity of the Building, (b) adversely affect the Building Systems (as defined in Section 1.03 of the Lease), the Common Areas or any other tenant space (whether or not currently occupied), (c) fail to fully comply with Laws, (d) affect the exterior appearance of the Building, (e) involve any installation on the roof, or otherwise affect the roof, roof membrane or any warranties regarding either, (f) provide for improvements which require removal of any portion of the slab, except that Landlord will allow Tenant to install freezers and coolers in a portion of the Premises, remove the existing slab where the freezers and coolers will be located, and install related plumbing, wiring, subsurface protection, support and new slab, but the plans and specifications therefor shall be subject to Landlord's approval, in its sole discretion; and (ii) shall not be delayed beyond ten (10) business days with respect to initial submissions and major change orders (those which impact Building Systems or any item listed in above in this B(i)(a)-(f)) and beyond five (5) business days with respect to required revisions and other change orders. If Landlord disapproves of any of Tenant's Plans, Landlord shall advise Tenant of what Landlord disapproves in reasonable detail. After being so advised by Landlord, Tenant shall submit a redesign, incorporating the revisions required by Landlord, for Landlord's approval. The approval procedure shall be repeated as necessary until Tenant's Plans are ultimately approved. Approval by Landlord shall not be deemed to be a representation or warranty by Landlord with respect to the safety, adequacy, correctness, efficiency or compliance with Laws of Tenant's Plans. Tenant shall be fully and solely responsible for the safety, adequacy, correctness and efficiency of Tenant's Plans and for the compliance of Tenant's Plans with any and all Laws.

Approval by Landlord. Tenant's ’s Plans and any revisions thereof shall be subject to Landlord's ’s approval, which approval or disapproval (i) shall not be unreasonably withheldwithheld or delayed. If Landlord disapproves Tenant’s Plans or any portion thereof, provided however, Landlord shall promptly notify Tenant thereof and of the revisions that Landlord may disapprove Tenant's Plans reasonably requires in its sole discretion if they (a) adversely affect the structural integrity of the Building, (b) adversely affect the Building Systems (order to obtain Landlord’s approval. As promptly as defined in Section 1.03 of the Lease), the Common Areas or any other tenant space (whether or not currently occupied), (c) fail to fully comply with Laws, (d) affect the exterior appearance of the Building, (e) involve any installation on the roof, or otherwise affect the roof, roof membrane or any warranties regarding either, (f) provide for improvements which require removal of any portion of the slab, except that Landlord will allow Tenant to install freezers and coolers in a portion of the Premises, remove the existing slab where the freezers and coolers will be located, and install related plumbing, wiring, subsurface protection, support and new slabreasonably possible thereafter, but the plans and specifications therefor shall be subject to Landlord's approval, in its sole discretion; and (ii) shall not be delayed beyond no event later than ten (10) business days with respect to initial submissions and major change orders (those which impact Building Systems or any item listed in above in this B(i)(a)-(f)) and beyond five (5) business days with respect to required revisions and other change orders. If Landlord disapproves of any of Tenant's Plans, Landlord shall advise Tenant of what Landlord disapproves in reasonable detail. After being so advised by after Landlord’s notice, Tenant shall submit a redesign, to Landlord plans and specifications incorporating the revisions required by Landlord. Said revisions shall be subject to Landlord’s approval, for which shall not be unreasonably withheld; if Landlord disapproves revised Tenant’s Plans, Landlord shall notify Tenant thereof and of the further revisions Landlord reasonably requires in order to obtain Landlord's ’s approval. The approval procedure foregoing process shall be repeated until Landlord finally approves all of Tenant’s Plans required for the Tenant Improvements of the Premises, so that Landlord and Tenant have an agreed upon set of final plans and specifications. The final plans and specifications approved by Landlord shall be referred to as necessary until Tenant's Plans are ultimately approved. the “Final Plans.” Approval by Landlord shall not be deemed to be a representation or warranty by Landlord with respect as to the safety, adequacy, correctness, efficiency adequacy or compliance with Laws correctness of Tenant's Plansthe design of the Tenant Improvements. Tenant shall be fully and solely responsible for the safety, adequacy, correctness and efficiency of Tenant's Plans and for the compliance of Tenant's Plans with any and all Laws.INITIAL / LANDLORD TENANT

Approval by Landlord. Tenant shall not make, or cause to be made, any alterations, installations (including floor coverings), decorations (including painting and wall coverings), replacements, additions or improvements, structural or otherwise, (hereinafter collectively referred to as "alterations") in or to the Premises or the Building without the prior written consent of Landlord which consent shall not be unreasonably withheld. Landlord may condition such consent upon Tenant's Plans written agreement to pay the cost of additional utility consumption, if any, and any revisions thereof to restore the Premises and the Building to the condition in which they were found immediately prior to such alteration and upon the requirement that Tenant post a security deposit to secure performance of such agreement. Landlord also may condition such consent upon its prior approval of plans and specifications and contractors and subcontractors with respect to such alterations, and such alterations shall not be commenced until such plans and specifications and contractors and subcontractors have been submitted to and approved by Landlord. Such approval shall not be unreasonably withheld or delayed. Upon such approval, alterations shall be commenced promptly, performed in a good and workmanlike manner in accordance with the approved plan and specifications, and diligently carried forward to completion. Any alterations performed by Tenant shall be subject to Landlord's approval, which inspection and approval after completion to determine whether the same comply with matters approved by Landlord. It is understood and agreed that any alterations performed in or disapproval (i) shall not be unreasonably withheld, provided however, that Landlord may disapprove Tenant's Plans in its sole discretion if they (a) adversely affect to the structural integrity of Premises or the Building, (b) adversely affect the Building Systems (as defined in Section 1.03 other than Landlord's Work, shall be made on behalf of the Lease), the Common Areas or any other tenant space (whether or not currently occupied), (c) fail to fully comply with Laws, (d) affect the exterior appearance of the Building, (e) involve any installation on the roof, or otherwise affect the roof, roof membrane or any warranties regarding either, (f) provide for improvements which require removal of any portion of the slab, except that Landlord will allow Tenant to install freezers and coolers in a portion of the Premises, remove the existing slab where the freezers and coolers will be locatedTenant, and install related plumbingnot on behalf of Landlord, wiring, subsurface protection, support and new slab, but the plans and specifications therefor that Tenant shall be subject to Landlord's approval, in its sole discretion; deemed the "owner" and (ii) shall not be delayed beyond ten (10) business days with respect to initial submissions and major change orders (those which impact Building Systems or any item listed in above in this B(i)(a)-(f)) and beyond five (5) business days with respect to required revisions and other change orders. If Landlord disapproves the "agent" of any of Tenant's Plans, Landlord shall advise Tenant of what Landlord disapproves in reasonable detail. After being so advised by Landlord, Tenant shall submit a redesign, incorporating the revisions required by Landlord, for Landlord's approval. The approval procedure shall be repeated as necessary until Tenant's Plans are ultimately approved. Approval by Landlord shall not be deemed to be a representation or warranty by Landlord with respect to such alterations. If any alteration is performed by Tenant without the safetyprior written consent of Landlord, adequacy, correctness, efficiency Landlord may correct or compliance with Laws of remove same and restore the Premises and the Building to the condition in which they were found immediately prior to such alteration at Tenant's Plans. sole cost and expense, and Tenant shall be fully pay to Landlord as Additional Rent all costs and solely responsible expenses incurred by Landlord for the safety, adequacy, correctness and efficiency of Tenant's Plans and for the compliance of Tenant's Plans with any and all Lawssuch correction or removal.

Approval by Landlord. Tenant's ’s Plans and any revisions thereof shall be subject to Landlord's ’s approval, which approval or disapproval (i) shall not be unreasonably withheld, provided however, that Landlord may disapprove Tenant's Plans in its sole discretion if they (a) adversely affect the structural integrity of the Building, (b) adversely affect the Building Systems (. As promptly as defined in Section 1.03 of the Lease), the Common Areas or any other tenant space (whether or not currently occupied), (c) fail to fully comply with Laws, (d) affect the exterior appearance of the Building, (e) involve any installation on the roof, or otherwise affect the roof, roof membrane or any warranties regarding either, (f) provide for improvements which require removal of any portion of the slab, except that Landlord will allow Tenant to install freezers and coolers in a portion of the Premises, remove the existing slab where the freezers and coolers will be located, and install related plumbing, wiring, subsurface protection, support and new slabreasonably possible, but the plans and specifications therefor shall be subject to Landlord's approval, in its sole discretion; and (ii) shall not be delayed beyond no event later than ten (10) business days with respect to initial submissions and major change orders (those which impact Building Systems after Tenant’s submission of completed Tenant’s Plans, Landlord shall notify Tenant of its approval or any item listed in above in this B(i)(a)-(f)) and beyond five (5) business days with respect to required revisions and other change ordersdisapproval thereof. If Landlord disapproves of Tenant’s Plans, or any of Tenant's Plansportion thereof, Landlord shall advise Tenant notify of what the revisions which Landlord disapproves reasonably requires in reasonable detailorder to obtain Landlord’s approval. After being so advised by As promptly as reasonably possible thereafter, but in no event later than ten (10) days after Landlord’s notice, Tenant shall submit a redesign, to Landlord plans and specifications incorporating the revisions required by Landlord. Said revisions shall be subject to Landlord’s approval, for which shall not be unreasonably withheld or delayed and shall be given within the same period as Landlord's ’s original approval; if Landlord disapproves revised Tenant’s Plans, Landlord shall notify Tenant of the further revisions Landlord reasonably requires in order to obtain Landlord’s approval. The approval procedure foregoing process shall be repeated until Landlord finally approves all of Tenant’s Plans required for the Tenant Improvements of the Premises, so that Landlord and Tenant have an agreed upon a set of final plans and specifications. The final plans and specifications approved by Landlord shall be referred to as necessary until Tenant's Plans are ultimately approved. the “Final Plans.” Approval by Landlord shall not be deemed to be a representation or warranty by Landlord with respect as to the safety, adequacy, correctness, efficiency adequacy or compliance with Laws correctness of Tenant's Plans. the design of the Tenant shall be fully and solely responsible for the safety, adequacy, correctness and efficiency of Tenant's Plans and for the compliance of Tenant's Plans with any and all LawsImprovements.

Approval by Landlord. Tenant's Tenant Plans and any revisions thereof shall be subject to Landlord's prior written approval. Landlord agrees that it will not unreasonably withhold its approval of the Tenant Plans, which approval or disapproval (i) shall not be unreasonably withheldprovided, provided however, that Landlord will have sole and absolute discretion to approve or disapprove any element(s) of the Tenant Plans that will (i) be visible from the exterior of the Demised Premises or Building, or (ii) involve or may disapprove Tenant's Plans in its sole discretion if they affect any structural or exterior element of the Building or any area or element of any Common Facility or delay completion of the Demised Premises or Building, or (aiii) adversely affect increase the structural integrity cost of construction or of insurance or taxes on the Building, or (biv) adversely affect require unusual expense to readapt the Demised Premises or Building Systems (as defined in Section 1.03 to normal use on lease termination or increase the cost of the Lease), the Common Areas construction or any other tenant space (whether of insurance or not currently occupied), (c) fail to fully comply with Laws, (d) affect the exterior appearance of taxes on the Building, (e) involve any installation on the roofunless Tenant first gives assurance reasonably acceptable to Landlord for payment of such Tenant Plans, changes or otherwise affect the roof, roof membrane or any warranties regarding either, (f) provide for improvements which require removal modifications 32 by Landlord will not constitute approval of any portion of delays caused by Tenant or in implementing the slab, except that Landlord will allow Tenant to install freezers and coolers in a portion of the Premises, remove the existing slab where the freezers and coolers will be located, and install related plumbing, wiring, subsurface protection, support and new slab, but the work shown on such plans and specifications therefor shall be subject to Landlord's approval, in its sole discretion; and (ii) shall not be delayed beyond ten (10) business days with respect to initial submissions and major change orders (those which impact Building Systems or any item listed in above in this B(i)(a)-(f)) and beyond five (5) business days with respect to required revisions and other change orders. If Landlord disapproves of any of Tenant's Plans, Landlord shall advise Tenant of what Landlord disapproves in reasonable detail. After being so advised by Landlord, Tenant shall submit a redesign, incorporating the revisions required by Landlord, for Landlord's approval. The approval procedure shall be repeated as necessary until Tenant's Plans are ultimately approved. Approval by Landlord shall not be deemed a waiver of any rights or remedies that may arise as a result of such delays. If Landlord requires any changes pursuant to the preceding paragraph, Tenant shall cause its architect to change the Tenant Plans in accordance with Landlord's reasonable requirements and promptly resubmit them to Landlord, indicating thereon the revision date and listing every change made to the previous submission of the Tenant Plans. These changes and resubmissions shall continue until the Tenant Plans have been approved by Landlord, such approval not to be a representation unreasonably withheld or warranty delayed. Promptly after approval by Landlord with respect of such Tenant Plans, four (4) copies thereof signed by Tenant will be delivered to the safetyLandlord for signature, adequacy, correctness, efficiency or compliance with Laws of Tenant's Plans. Tenant whereupon two (2) fully executed copies shall be fully delivered to Tenant. The Tenant Plans as approved by Landlord shall be final and solely responsible for the safety, adequacy, correctness and efficiency of Tenantshall not be changed by Tenant without Landlord's Plans and for the compliance of Tenant's Plans with any and all Lawsprior approval.