Common use of Approval of Plans and Specifications Clause in Contracts

Approval of Plans and Specifications. Within seven (7) Business Days after the District’s receipt of any initial (or resubmitted, if applicable) set of Plans and Specifications for each Design Phase of the Tenant Improvements (the “Response Period”), the District shall notify Landlord of the District’s approval thereof or the reasons why such approval was withheld or is not granted (with any denial specifying the District’s reasons in reasonable detail). Landlord shall cause Project Architect to make any revisions necessary to address the District’s comments on each Design Phase’s Plans and Specifications, and resubmit the same for the District’s approval. The revisions and resubmissions shall continue until District gives its final approval, or is deemed to have given final approval (as provided in Section 7 below) of each Design Phase’s Plans and Specifications. Following the District’s approval or deemed approval of the Plans and Specifications for XX 000000000x0 the final Design Phase, Landlord shall cause the Project Architect to submit complete and unified Plans and Specifications for all Design Phases of the Tenant Improvements which incorporate the revised and approved Plans and Specifications for each Design Phase (the “Complete Plans and Specifications”), and Landlord shall deliver to the District therewith the then current budget based on such Complete Plans and Specifications. Within five (5) Business Days after Landlord’s delivery to the District of the Complete Plans and Specifications (the “Final Response Period”), the District shall notify Landlord of the District’s approval thereof or the reasons why such approval was withheld or is not granted (with any denial specifying the District’s reasons in reasonable detail). Landlord shall cause Project Architect to make any revisions necessary to address the District’s comments on each Design Phase’s Plans and Specifications or the Complete Plans and Specifications (as applicable), and resubmit the same for the District’s approval. The revisions and resubmissions shall continue until the District gives its final approval, or is deemed to have given final approval (as provided in Section 7 below) of each Design Phase’s Plans and Specifications or of the Complete Plans and Specifications. The process of revising, resubmitting and reviewing the resubmission shall be as provided above in this Section 6. Such final approved (or deemed approved) Complete Plans and Specifications shall be the “Final Plans and Specifications”. The District will not unreasonably withhold, condition or delay its approval of any aspects of any Design Phase’s Plans and Specifications (or of the Complete Plans and Specifications) for the Tenant Improvements which are consistent with, and in accordance with, the District Requirements and shall not disapprove any aspects of any Design Phase’s Plans and Specifications that do not reflect a material change from the Plans and Specifications for the immediately preceding Design Phases that the District had approved or which had been deemed approved (it being agreed that additional detail provided in subsequent plans shall not constitute a change).

Approval of Plans and Specifications. Within seven (7a) Business Days after In the District’s event that Carrier has obtained plans for the construction of the Tower Facilities ("Plans") and specifications for the construction of (the "Specifications") the Tower Facilities, Carrier shall deliver to Tower Company the Plans and Specifications for the Tower Facilities within five (5) days of the complete execution of the Assignment. In the event that Tower Company does not approve the Plans and Specifications or modifies the Plans and Specifications, Tower Company shall deliver detailed written objections to the Plans and Specifications within ten (10) days of the receipt of the Plans and Specifications or Tower Company shall prepare and deliver to Carrier for approval by Carrier three (3) copies of any initial (or resubmitted, if applicable) set of modifications to the Plans and Specifications. Any modifications to the Plans and Specifications for each Design Phase Tower Facility shall be delivered to Carrier within thirty (30) days of the Tenant Improvements (the “Response Period”), the District shall notify Landlord of the District’s approval thereof or the reasons why such approval was withheld or is not granted (with any denial specifying the District’s reasons in reasonable detail). Landlord shall cause Project Architect to make any revisions necessary to address the District’s comments on each Design Phase’s Plans and Specifications, and resubmit the same for the District’s approval. The revisions and resubmissions shall continue until District gives its final approval, or is deemed to have given final approval (as provided in Section 7 below) of each Design Phase’s Plans and Specifications. Following the District’s approval or deemed approval delivery of the Plans and Specifications for XX 000000000x0 to Tower Company. If no objection or modified Plans and Specifications are delivered to Carrier within the final Design Phaseabove-referenced time periods, Landlord the Plans and Specifications shall cause be deemed approved. Within ten (10) days after receipt of the Project Architect modified Plans and Specifications, Carrier shall approve such modified Plans and Specification or deliver to submit complete Tower Company detailed written objections thereto. If Carrier fails to either affirmatively approve or disapprove the modifications to the Plans and unified Specifications proposed by Tower Company within the ten (10) day period, Carrier shall be deemed to have effectively approved the Plans and Specifications. (b) In the event that Carrier has not obtained Plans and Specifications for all Design Phases of the Tenant Improvements which incorporate the revised and approved Tower Facility, Tower Company shall have Plans and Specifications for each Design Phase the Tower Facility prepared, designed and delivered to Carrier fourteen (the “Complete Plans and Specifications”), and Landlord shall deliver 14) business days prior to the District therewith date that the then current budget based on such Complete Plans Tower Company and SpecificationsCarrier have agreed that the building permits and Pre-Development Information must be delivered to the Carrier in Attachment VI. Within five (5) Business Days after Landlord’s delivery to the District business days of receipt of the Complete Plans and Specifications (Specifications, Carrier shall approve the “Final Response Period”), the District shall notify Landlord of the District’s approval thereof or the reasons why such approval was withheld or is not granted (with any denial specifying the District’s reasons in reasonable detail). Landlord shall cause Project Architect to make any revisions necessary to address the District’s comments on each Design Phase’s Plans and Specifications or the Complete Plans and Specifications (as applicable), and resubmit the same for the District’s approvaldeliver to Tower Company detailed objections thereto. The revisions and resubmissions shall continue until the District gives its final approval, If Carrier does not affirmatively approve or is deemed to have given final approval (as provided in Section 7 below) of each Design Phase’s Plans and Specifications or of the Complete Plans and Specifications. The process of revising, resubmitting and reviewing the resubmission shall be as provided above in this Section 6. Such final approved (or deemed approved) Complete Plans and Specifications shall be the “Final Plans and Specifications”. The District will not unreasonably withhold, condition or delay its approval of any aspects of any Design Phase’s Plans and Specifications (or of the Complete Plans and Specifications) for the Tenant Improvements which are consistent with, and in accordance with, the District Requirements and shall not disapprove any aspects of any Design Phase’s Plans and Specifications that do not reflect a material change from the Plans and Specifications for within such five (5) business day period, Carrier shall be deemed to have approved the immediately preceding Design Phases Plans and Specifications. (c) Notwithstanding the foregoing, in the event that any federal, state or local governmental body, requires Tower Company or Carrier to modify the Plans and Specifications to obtain a Governmental Approval, Carrier or Tower Company may modify the Plans and Specifications provided that the District had approved other party approves such modification, such approval not to be unreasonably withheld, delayed or which had been deemed approved (it being agreed that additional detail provided in subsequent plans shall not constitute a change)conditioned.

Approval of Plans and Specifications. Within seven (7a) Business Days after In the District’s event that Carrier has obtained Plans and Specifications for the construction the Tower Facilities, Carrier shall deliver to Tower Company the Plans and Specifications for the Tower Facilities within five (5) days of the complete execution of the Assignment. In the event that Tower Company does not approve the Plans and Specifications Tower Company shall deliver detailed written objections to the Plans and Specifications within five (5) business days of the receipt of the Plans and Specification. If Tower Company modifies the Plans and Specifications Tower Company shall prepare and deliver to Carrier for approval by Carrier three copies of any initial (or resubmitted, if applicable) set of modifications to the Plans and Specifications. Any modifications to the Plans and Specifications for each Design Phase Tower Facility shall be delivered to Carrier within ten (10) business days of the Tenant Improvements (the “Response Period”), the District shall notify Landlord of the District’s approval thereof or the reasons why such approval was withheld or is not granted (with any denial specifying the District’s reasons in reasonable detail). Landlord shall cause Project Architect to make any revisions necessary to address the District’s comments on each Design Phase’s Plans and Specifications, and resubmit the same for the District’s approval. The revisions and resubmissions shall continue until District gives its final approval, or is deemed to have given final approval (as provided in Section 7 below) of each Design Phase’s Plans and Specifications. Following the District’s approval or deemed approval delivery of the Plans and Specifications for XX 000000000x0 the final Design Phase, Landlord shall cause the Project Architect to submit complete and unified Tower Company. If no objection or modified Plans and Specifications for all Design Phases of are delivered to Carrier within the Tenant Improvements which incorporate above-referenced time periods, the revised and approved Plans and Specifications for each Design Phase (the “Complete Plans and Specifications”), and Landlord shall deliver to the District therewith the then current budget based on such Complete Plans and Specificationsbe deemed approved. Within five (5) Business Days business days after Landlord’s delivery receipt of the modified Plans and Specifications, Carrier shall approve such modified Plans and Specification or deliver to Tower Company detailed written objections thereto. If Carrier fails to either affirmatively approve or disapprove the modifications to the District of the Complete Plans and Specifications proposed by Tower Company within the five (the “Final Response Period”)5) day period, the District Carrier shall notify Landlord of the District’s approval thereof or the reasons why such approval was withheld or is not granted (with any denial specifying the District’s reasons in reasonable detail). Landlord shall cause Project Architect to make any revisions necessary to address the District’s comments on each Design Phase’s Plans and Specifications or the Complete Plans and Specifications (as applicable), and resubmit the same for the District’s approval. The revisions and resubmissions shall continue until the District gives its final approval, or is be deemed to have given final approval (as provided in Section 7 below) of each Design Phase’s Plans and Specifications or of effectively approved the Complete modified Plans and Specifications. The process of revising, resubmitting and reviewing . (b) In the resubmission shall be as provided above in this Section 6. Such final approved (or deemed approved) Complete Plans and Specifications shall be the “Final Plans and Specifications”. The District will event that Carrier has not unreasonably withhold, condition or delay its approval of any aspects of any Design Phase’s Plans and Specifications (or of the Complete Plans and Specifications) for the Tenant Improvements which are consistent with, and in accordance with, the District Requirements and shall not disapprove any aspects of any Design Phase’s Plans and Specifications that do not reflect a material change from the obtained Plans and Specifications for the immediately preceding Design Phases that Tower Facility, Tower Company shall have Plans and Specifications for the District had approved construction of the Tower Facility prepared, designed and delivered to Carrier within fifteen (15) business days of the execution of the Assignment, or in the event there is no Assignment, within fifteen (15) business days of the execution of the Ground Lease with the Ground Lessor, for Carrier's approval, which had been deemed approved (it being agreed that additional detail provided in subsequent plans approval shall not constitute be unreasonably withheld, delayed or conditioned. Within five (5) business days of receipt of the Plans and Specifications, Carrier shall approve the Plans and Specifications or deliver to Tower Company detailed objections thereto. If Carrier does not affirmatively approve or disapprove the Plans and Specifications within such five (5) day period, Carrier shall be deemed to have approved the Plans and Specifications. (c) The grounds for any disapproval by Carrier of Plans and Specifications or modifications thereof submitted by Tower Company shall be limited to failure of the Plans and Specifications to conform to applicable legal requirements or the to the Carrier Specifications. (d) Notwithstanding the foregoing, in the event that any federal, state or local governmental body, requires Tower Company or Carrier to modify the Plans and Specifications to obtain a change)Governmental Approval, Carrier or Tower Company may modify the Plans and Specifications provided the other party approves such modification, such approval not to be unreasonably withheld, delayed or conditioned.

Approval of Plans and Specifications. Within seven (7) Business Days after Borrower shall submit the District’s receipt of any initial (or resubmitted, if applicable) set of Plans and Specifications for each Design Phase to the General Contractor, and the General Contractor shall agree to perform its obligations under the General Construction Contract in a manner consistent with the requirements of the Tenant Improvements Plans and Specifications. Borrower shall obtain from the appropriate Governmental Authorities all required approvals (including, without limitation, all environmental approvals) with respect to the “Response Period”), Plans and Specifications and the District Common Area Renovation Work. Borrower shall notify Landlord of submit to Lender the District’s approval thereof or the reasons why such approval was withheld or is not granted (with any denial specifying the District’s reasons in reasonable detail). Landlord shall cause Project Architect to make any revisions necessary to address the District’s comments on each Design Phase’s Plans and Specifications, the Project Schedule, the Trade Breakdown Schedule and resubmit the same Schedule of Other Project Costs (collectively, the “Construction Items”) for Lender’s approval, as follows: (a) Lender’s approval of the Construction Items shall be in its commercially reasonable discretion, and shall include an analysis and approval of, among other things, (i) the effect of the Common Area Renovation Work on existing parking, (ii) the effect of the Common Area Renovation Work on ingress and egress to the Property and to the Improvements, (iii) the loss, if any, of casino space and any existing retail space in the Improvements as a result of the Common Area Renovation Work, (iv) the effect, if any, of the Common Area Renovation Work on the availability of hotel guest rooms and any leases in the Property, and (v) the compliance of the Common Area Renovation Work with all applicable building, zoning, environmental and other laws, rules, restrictions, orders and regulations of the Governmental Authorities. (b) Lender agrees that as soon as is reasonably practicable but in no event later than thirty (30) days after receipt of the Construction Items from Borrower it will review and notify Borrower of (i) its approval or disapproval of the Construction Items (and if disapproval, the reasons, which shall be described with reasonable specificity, for the District’s approval. The revisions and resubmissions shall continue until District gives its final approvaldisapproval), or (ii) its need for additional information in order to complete its review. (c) In the event that Lender either disapproves the Construction Items or requires additional information in order to complete its review, Lender agrees that as soon as is deemed reasonably practicable but in no event later than fifteen (15) days after receipt of revised Construction Items or the additional information, as the case may be, it will review and notify Borrower of (i) its approval or disapproval of the revised Construction Items (and if disapproval, the reasons, which shall be described with reasonable specificity, for the disapproval), or (ii) its further need for additional information in order to have given final approval complete its review. (as provided in Section 7 belowd) of each Design Phase’s Each addition or modification to the Plans and Specifications. Following , the District’s approval Project Schedule, the Trade Breakdown Schedule and/or the Schedule of Other Project Costs (i) involving a change order costing more than $50,000 (or deemed $100,000 in the aggregate), (ii) involving the use of materials, furniture, fixtures or equipment which will not be at least equal in quality to the materials, furniture, fixtures and equipment originally specified in or required by Plans and Specifications, as approved by Lender and the Construction Consultant, (iii) affecting any of the payment and performance bonds, or (iv) involving a material change (including, without limitation, any material change in staging plans), shall be subject to the written approval of Lender and Construction Consultant and, to the extent required by law, by the appropriate Governmental Authorities and the surety company, if any, which has issued a payment or performance bond with respect to any contractor, subcontractor or materialman involved in the Common Area Renovation Work. Lender shall approve or disapprove of the proposed addition or modification within thirty (30) days of the receipt in writing of such addition or modification. Borrower shall not commence any work on any stage or phase of the Common Area Renovation Work unless all required permits, certificates, licenses and approvals for the Common Area Renovation Work have been issued or obtained from the appropriate Governmental Authorities (other than those which are not required in order to commence such construction or phase thereof and which can only be obtained following commencement of such construction or phase thereof). Borrower shall perform the construction and equipping under the Common Area Renovation Work in accordance with the Plans and Specifications for XX 000000000x0 Specifications, free and clear of all liens, encumbrances and security instruments (other than the final Design Phase, Landlord shall cause Mortgage and the Project Architect to submit complete and unified other Permitted Encumbrances). The Plans and Specifications for all Design Phases as approved by Lender shall become the property of Lender upon the occurrence of an Event of Default under the Loan Documents and the foreclosure of the Tenant Improvements Property. The Common Area Renovation Work shall be constructed and equipped in compliance with the requirements of the Governmental Authorities acting in and for the locality in which incorporate the revised Property is situated, including the Americans With Disabilities Act. In addition, prior to commencing any portion of the Common Area Renovation Work that might involve the removal or disturbance of any asbestos located at Property, Borrower shall obtain and approved Plans deliver to Lender and Specifications for each Design Phase (the “Complete Plans Construction Consultant, an asbestos survey acceptable to Lender and Specifications”)the Construction Consultant. All work involving the removal or disturbance of any asbestos located at Property shall be performed in accordance with all applicable Legal Requirements. Compliance with the provisions of this paragraph and any other provisions of this Agreement relating to the construction and equipping of the Common Area Renovation Work shall be determined by the Construction Consultant. At all times during the term of the Loan, upon reasonable prior notice and during reasonable business hours, Lender, the Construction Consultant, and Landlord their respective agents and employees, shall deliver have the right of entry and free access to the District therewith Property to inspect the then current budget based on such Complete Plans and Specifications. Within five (5) Business Days after Landlord’s delivery to the District of the Complete Plans and Specifications (the “Final Response Period”), the District shall notify Landlord of the District’s approval thereof or the reasons why such approval was withheld or is not granted (with any denial specifying the District’s reasons in reasonable detail). Landlord shall cause Project Architect to make any revisions necessary to address the District’s comments on each Design Phase’s Plans and Specifications or the Complete Plans and Specifications (as applicable), and resubmit the same for the District’s approval. The revisions and resubmissions shall continue until the District gives its final approval, or is deemed to have given final approval (as provided in Section 7 below) of each Design Phase’s Plans and Specifications or of the Complete Plans and Specifications. The process of revising, resubmitting and reviewing the resubmission shall be as provided above in this Section 6. Such final approved (or deemed approved) Complete Plans and Specifications shall be the “Final Plans and Specifications”. The District will not unreasonably withhold, condition or delay its approval of any aspects of any Design Phase’s Plans and Specifications (or of the Complete Plans and Specifications) for the Tenant Improvements which are consistent with, and in accordance with, the District Requirements and shall not disapprove any aspects of any Design Phase’s Plans and Specifications that do not reflect a material change from the Plans and Specifications for the immediately preceding Design Phases that the District had approved or which had been deemed approved (it being agreed that additional detail provided in subsequent plans shall not constitute a change)Common Area Renovation Work.

Approval of Plans and Specifications. Within seven (7a) Business Days after In the District’s event that Tritel has obtained plans for the construction of ("Plans") and specifications for the construction of (the "Specifications") the Tower Facilities, Tritel shall deliver to SpectraSite the Plans and Specifications for the Tower Facilities within five (5) days of the complete execution of the Assignment. In the event that SpectraSite does not approve the Plans and Specifications or modifies the Plans and Specifications, SpectraSite shall deliver detailed written objections to the Plans and Specifications within five (5) days of the receipt of the Plans and Specifications or SpectraSite shall prepare and deliver to Tritel approval by Tritel three copies of any initial (or resubmitted, if applicable) set of modifications to the Plans and Specifications. Any modifications to the Plans and Specifications for each Design Phase Tower Facility shall be delivered to Tritel within ten (10) days of the Tenant Improvements (the “Response Period”), the District shall notify Landlord of the District’s approval thereof or the reasons why such approval was withheld or is not granted (with any denial specifying the District’s reasons in reasonable detail). Landlord shall cause Project Architect to make any revisions necessary to address the District’s comments on each Design Phase’s Plans and Specifications, and resubmit the same for the District’s approval. The revisions and resubmissions shall continue until District gives its final approval, or is deemed to have given final approval (as provided in Section 7 below) of each Design Phase’s Plans and Specifications. Following the District’s approval or deemed approval delivery of the Plans and Specifications for XX 000000000x0 the final Design Phase, Landlord shall cause the Project Architect to submit complete and unified SpectraSite. If no objection or modified Plans and Specifications for all Design Phases of are delivered to Tritel within the Tenant Improvements which incorporate above-referenced time periods, the revised and approved Plans and Specifications for each Design Phase (the “Complete Plans and Specifications”), and Landlord shall deliver to the District therewith the then current budget based on such Complete Plans and Specificationsbe deemed approved. Within five (5) Business Days business days after Landlord’s delivery to the District receipt of the Complete modified Plans and Specifications (the “Final Response Period”)Specifications, the District Tritel shall notify Landlord of the District’s approval thereof or the reasons why approve such approval was withheld or is not granted (with any denial specifying the District’s reasons in reasonable detail). Landlord shall cause Project Architect to make any revisions necessary to address the District’s comments on each Design Phase’s modified Plans and Specifications or deliver to SpectraSite detailed written objections thereto. If Tritel fails to either affirmatively approve or disapprove the Complete modifications to the Plans and Specifications proposed by SpectraSite within the five (as applicable)5) day period, and resubmit the same for the District’s approval. The revisions and resubmissions Tritel shall continue until the District gives its final approval, or is be deemed to have given final approval (as provided in Section 7 below) of each Design Phase’s Plans and Specifications or of effectively approved the Complete Plans and Specifications. The process of revising, resubmitting and reviewing . (b) In the resubmission shall be as provided above in this Section 6. Such final approved (or deemed approved) Complete Plans and Specifications shall be the “Final Plans and Specifications”. The District will event that Tritel has not unreasonably withhold, condition or delay its approval of any aspects of any Design Phase’s Plans and Specifications (or of the Complete Plans and Specifications) for the Tenant Improvements which are consistent with, and in accordance with, the District Requirements and shall not disapprove any aspects of any Design Phase’s Plans and Specifications that do not reflect a material change from the obtained Plans and Specifications for the immediately preceding Design Phases Tower Facility, SpectraSite shall have Plans and Specifications for the Tower Facility prepared, designed and delivered to Tritel within fifteen (15) days of the execution of the Assignment, or in the event there is no Assignment, within fifteen (15) days of the execution of the Prime Lease with the Prime Lessor, for Tritel's approval, which approval shall not be unreasonably withheld, delayed or conditioned. Within five (5) days of receipt of the Plans and Specifications, Tritel shall approve the Plans and Specifications or deliver to SpectraSite detailed objections thereto. If Tritel does not affirmatively approve or disapprove the Plans and Specifications within such five (5) day period, Tritel shall be deemed to have approved the Plans and Specifications. (c) Notwithstanding the foregoing, in the event that any federal, state or local governmental body, requires SpectraSite or Tritel to modify the Plans and Specifications to obtain a Governmental Approval, Tritel or SpectraSite may modify the Plans and Specifications provided that the District had approved other party approves such modification, such approval not to be unreasonably withheld, delayed or which had been deemed approved (it being agreed that additional detail provided in subsequent plans shall not constitute a change)conditioned.