Common use of Approval of Plans Clause in Contracts

Approval of Plans. 4.1 No Improvement shall be erected, placed, altered, maintained or permitted to remain on any land subject to these restrictions until plans and specifications showing plot layout, including parking and all exterior elevations, with materials and colors, have been submitted to and approved in writing by Declarant. Said approval shall be in addition to any approvals and/or permits required by the City of Menlo Park or any other legal entity having jurisdiction. Such plans and specifications shall be submitted in writing over the signature of the Owner of Lessee of the Site or his authorized agent. 4.2 Approval shall be based, among other things, on adequacy of Site dimensions, adequacy of structural design, conformity and harmony of external design with neighboring Improvements, effect of location and use of Improvements on neighboring Sites; proper facing of main elevation with respect to nearby streets; and conformity of the plans and specifications to the purpose and general plan and intent of these restrictions. Declarant shall not arbitrarily or unreasonably withhold its approval of such plans and specifications. 4.3 If Declarant fails either to approve or to disapprove such plans and specifications within thirty (30) days after the same have been submitted to it, it shall be conclusively presumed that Declarant has approved said plans and specifications, subject, however, to the restrictions contained in ARTICLE III hereof. 4.4 Notwithstanding anything to the contrary herein contained, after the expiration of one year from the date of issuance of a building permit by municipal or other governmental authority for any Improvement, said Improvement shall, in favor of purchasers and encumbrancers in good faith and for value, be deemed to be in compliance with all provisions of this ARTICLE IV, unless actual notice of such non-compliance or non-completion executed by Declarant shall appear of record in the office of the County Recorder of San Mateo County, California, or unless legal proceedings shall have been instituted to enforce compliance or completion.

Approval of Plans. 4.1 No Improvement 20.2.1. The Concessionaire shall as per the terms hereof submit to the Nodal Officer, appointed by theAuthority, the application containing: a) Complete layout schemes and plans for the Project Site shown clearly (as required for approvalby the local authorities) in conformity with local bye-laws and Master Plan, if any; b) The detailed plans, elevations, area statements, designs & specifications of MLCP Commercial Complex, Project Assetsetc to be constructed on the Project Site shall also conform to the Specification & Standards and provisions as per this Concession Agreement; c) A construction phasing plan for the development of the MLCP and Commercial Complex, Project Assets etc to be constructed on the Project Site and a demolition plan for dismantling the existing structures thereon, if any. Any construction or demolition activity shall only commence after the receipt of approval for the same from the Authority through its Nodal Officer. 20.2.2. All plans/schemes/designs shall be erectedaccompanied by a certificate from a reputed professional architect/consultant and IIT/ NIT (as specified in the DPR) who shall also approve the structural designs of all MLCP and Commercial Complex, placedProject Assets etc to be constructed on the Project Site. 20.2.3. The Concessionaire shall, alteredat its own cost and as often as it may be called upon to do so, maintained or permitted to remain on amend xxxxx any land subject to these restrictions until such plans and specifications showing plot layoutelevations and, including parking if so required, shall produce the same before the Authority and all exterior elevationsshall supply in such details, with materials and colorsas may be called for, have been submitted to and approved in writing by Declarant. Said approval shall be in addition to any approvals and/or permits required by the City of Menlo Park or any other legal entity having jurisdiction. Such plans plans, elevations and specifications shall be submitted in writing over for the signature of the Owner of Lessee of the Site or his authorized agent. 4.2 Approval shall be based, among other things, on adequacy of Site dimensions, adequacy of structural design, conformity and harmony of external design with neighboring Improvements, effect of location and use of Improvements on neighboring Sites; proper facing of main elevation with respect to nearby streets; and conformity of the plans and specifications to the purpose and general plan and intent of these restrictions. Declarant shall not arbitrarily or unreasonably withhold its approval of such plans and specificationsby the Authority. 4.3 If Declarant fails either 20.2.4. It is expressly clarified that the Concessionaire shall not be permitted to approve apply for approvals from municipal/local authorities or to disapprove such plans and specifications within thirty (30) days after the same have been submitted to it, it shall be conclusively presumed that Declarant has approved said plans and specifications, subject, however, commence any work in relation to the restrictions contained Project until it has obtained the approval of the Nodal Officer/ the Authority in ARTICLE III accordance with Article 20.2 hereof, and thereafter the Concessionaire shall not be permitted to make any alterations or additions to itsapproval plans without the prior approval in writing of the Nodal Officer/ the Authority. 4.4 Notwithstanding anything 20.2.5. No work physically shall commence without prior approval of Nodal Officer/ the Authority. The work of MLCP, Project Assets etc to be constructed on the Project Site shall not commence until approval of all concerned municipal/local authorities and Nodal Officer/ the Authority is obtained, except land development, fencing, site clearance, demolition of redundant structures etc. which can be permitted on express request of the Concessionaire. 20.2.6. The Concessionaire shall, as its cost and expense, be responsible for obtaining and maintaining allApplicable Permits which are required by Applicable Law to undertake the Project. 20.2.7. The Concessionaire shall duly submit a certified copy of all approvals/Applicable Permits received by it to the contrary herein contained, after the expiration of one year from the date of issuance of a building permit by municipal or other governmental authority for any Improvement, said Improvement shall, in favor of purchasers and encumbrancers in good faith and for value, be deemed to be in compliance with all provisions of this ARTICLE IV, unless actual notice of such non-compliance or non-completion executed by Declarant shall appear of record in the office of the County Recorder of San Mateo County, California, or unless legal proceedings shall have been instituted to enforce compliance or completionAuthority.

Approval of Plans. 4.1 No Improvement shall be erected, placed, altered, maintained or permitted to remain on any land subject to these restrictions until plans and specifications showing plot layout, including parking and all exterior elevations, with materials and colors, have been submitted to and approved in writing by Declarant. Said approval shall be in addition to any approvals and/or permits required by the City of Menlo Park or any other legal entity having jurisdiction. Such plans and specifications shall be submitted in writing over the signature of the Owner of Lessee of the Site or his authorized agent. 4.2 Approval shall be based, among other things, on adequacy of Site dimensions, adequacy of structural design, conformity and harmony of external design with neighboring Improvements, effect of location and use of Improvements on neighboring Sites; proper facing of main elevation with respect to nearby streets; and conformity of the plans and specifications to the purpose and general plan and intent of these restrictions. Declarant shall not arbitrarily or unreasonably withhold its approval of such plans and specificationsspecifications . 4.3 If Declarant fails either to approve or to disapprove such plans and specifications within thirty (30) days after the same have been submitted to it, it shall be conclusively presumed that Declarant has approved said plans and specifications, subject, however, to the restrictions contained in ARTICLE III hereof. 4.4 Notwithstanding anything to the contrary herein contained, after the expiration of one year from the date of issuance of a building permit by municipal or other governmental authority for any Improvement, said Improvement shall, in favor of purchasers and encumbrancers in good faith and for value, be deemed to be in compliance with all provisions of this ARTICLE IV, unless actual notice of such non-compliance or non-completion executed by Declarant shall appear of record in the office _____ of the County Recorder of San Mateo County, California, or unless legal proceedings shall have been instituted to enforce compliance or completion.

Approval of Plans. 4.1 No Improvement Prior to commencing any work on the Site in connection with the construction of Facilities (whether initial installation or a subsequent material alteration), Licensee shall be erectedobtain Licensor's approval of (a) Licensee's plans for all site and construction work, placedincluding access and laydown, alteredand any alterations, maintained modifications or permitted to remain impacts on any land subject to these restrictions until plans and specifications showing plot layout, including parking and all exterior elevations, with materials and colors, have been submitted to and approved in writing by Declarant. Said approval shall be in addition to any approvals and/or permits required by the City of Menlo Park or any other legal entity having jurisdiction. Such plans and specifications shall be submitted in writing over the signature of the Owner of Lessee of structure existing on the Site or his authorized agent. 4.2 Approval the Premises, (b) the precise location of the Facilities at the Site, (c) the precise location of any utility connections to the Facilities at the Site and through the Premises. If Licensee proposes to install any portion of the Facilities on an existing structure, Licensor may require Licensee to submit a structural engineering analysis, prepared by a registered professional engineer, for Licensor's review and approval. Licensee may propose solutions to any structural problems identified in its analysis, which solutions Licensee is willing to implement at its cost; however, Licensor shall be basedunder no obligation to accept any such proposed solution. Licensor reserves the right to determine, among other thingsthrough its own analysis and operational requirements, that a particular structure requires replacement or modification as a condition to use by Licensee, in case Licensee shall have the option of (a) paying for the cost (in whole or in part, as may be agreed to by Licensor) of such replacement or modification, or (b) selecting another Site. Nothing herein shall require Licensor to make any modifications to its structures to accommodate Licensee, where such modification would impose additional costs or operational constraints on adequacy Licensee's operations. Licensor in its discretion may require that a representative of Site dimensions, adequacy of structural design, conformity and harmony of external design with neighboring Improvements, effect of location and use of Improvements on neighboring Sites; proper facing of main elevation with respect to nearby streets; and conformity Licensor be present during the construction of the plans and specifications to Facility, or that such representative make periodic inspections of the purpose and general plan and intent progress of these restrictionsthe construction work. Declarant Licensor shall not arbitrarily or unreasonably withhold or delay its approval consent to Licensee's plans; however, depending on the Licensor's own operational needs at the particular Premises and the Site, Licensor may impose reasonable requirements in order to ensure electrical system reliability and to minimize or avoid potential adverse effect on Licensor's Business, which Licensee acknowledges are a matter of public health and safety. Any alterations or modifications to a structure existing on the Site must be designed to Licensor's satisfaction by a licensed engineer at Licensee's sole cost and expense. Licensor, in its discretion, may require independent engineering review of Licensee's alterations or modifications, and such plans and specifications. 4.3 If Declarant fails either to approve or to disapprove such plans and specifications within thirty (30) days after the same have been submitted to it, it independent review shall be conclusively presumed that Declarant has approved said plans and specifications, subject, however, to the restrictions contained in ARTICLE III hereofat Licensee's cost. 4.4 Notwithstanding anything to the contrary herein contained, after the expiration of one year from the date of issuance of a building permit by municipal or other governmental authority for any Improvement, said Improvement shall, in favor of purchasers and encumbrancers in good faith and for value, be deemed to be in compliance with all provisions of this ARTICLE IV, unless actual notice of such non-compliance or non-completion executed by Declarant shall appear of record in the office of the County Recorder of San Mateo County, California, or unless legal proceedings shall have been instituted to enforce compliance or completion.

Approval of Plans. 4.1 No Improvement shall be erected, placed, altered, maintained or permitted to remain on any land subject to these restrictions until plans and specifications showing plot layout, including parking and all exterior elevations, with materials and colors, have been submitted to and approved in writing by Declarant. Said approval shall be in addition to any approvals and/or permits required by the City of Menlo Park or any other legal entity having jurisdiction. Such plans and specifications shall be submitted in writing over the signature of the Owner of Lessee of the Site or his authorized agent. 4.2 Approval shall be based, among other things, on adequacy of Site dimensions, adequacy of structural design, conformity and harmony of external design with neighboring Improvements, effect of location and use of Improvements on neighboring Sites; proper facing of main elevation with respect to nearby streets; and conformity of the plans and specifications to the purpose and general plan and intent of these restrictions. Declarant shall not arbitrarily or unreasonably withhold its approval of such plans and specifications. 4.3 If Declarant fails either to approve or to disapprove such plans and specifications within thirty (30) days after the same have been submitted to it, it shall be conclusively presumed that Declarant has approved said plans and specifications, subject, however, to the restrictions contained in ARTICLE III hereof. 4.4 Notwithstanding anything to the contrary herein contained, after the expiration of one year from the date of issuance of a building permit by municipal or other governmental authority for any Improvement, said Improvement shall, in favor of purchasers and encumbrancers in good faith and for value, be deemed to be in compliance with all provisions of this ARTICLE IV, unless actual notice of such non-compliance noncompliance or non-completion executed by Declarant shall appear of record in the office of the County Recorder of San Mateo County, California, or unless legal proceedings shall have been instituted to enforce compliance or completion.

Approval of Plans. 4.1 No Improvement shall be erectedSUBCONTRACTING APPROVAL OF PLANS 5.1. In respect of all Plans required for the completion of the works envisaged by this Contract, placed, altered, maintained or permitted to remain on any land subject to these restrictions until plans and specifications showing plot layout, including parking and all exterior elevations, with materials and colors, have been submitted to and approved in writing by Declarant. Said approval shall be in addition to any approvals and/or permits required by the City of Menlo Park or any other legal entity having jurisdiction. Such plans and specifications same shall be submitted to the Purchaser in writing over four copies as soon as possible following their production. The Purchaser shall, within fourteen (14) Calendar Days after receipt thereof, return to the signature Builder one copy of such Plans with the Owner Purchaser's approval or the Purchaser's remarks and amendments (if any) written thereon. The approval of Lessee plans by the Purchaser shall not relieve the Builder of the Site or his authorized agentany of its obligations under this contract. 4.2 Approval 5.2. In the event that the Purchaser shall be based, among other things, on adequacy of Site dimensions, adequacy of structural design, conformity and harmony of external design with neighboring Improvements, effect of location and use of Improvements on neighboring Sites; proper facing of main elevation with respect fail to nearby streets; and conformity of return the plans and specifications Plans to the purpose and general plan and intent of these restrictions. Declarant Builder within the time limit as herein above provided, such Plans shall not arbitrarily or unreasonably withhold its approval of such plans and specifications. 4.3 If Declarant fails either to approve or to disapprove such plans and specifications within thirty (30) days after the same have been submitted to it, it shall be conclusively presumed that Declarant has approved said plans and specifications, subject, however, to the restrictions contained in ARTICLE III hereof. 4.4 Notwithstanding anything to the contrary herein contained, after the expiration of one year from the date of issuance of a building permit by municipal or other governmental authority for any Improvement, said Improvement shall, in favor of purchasers and encumbrancers in good faith and for value, be deemed to be have been approved without comment. 5.3. The Builder shall take due note of the Purchaser's remarks and amendments (if any) on Plans submitted pursuant to this Clause and, if such remarks or amendments are not of such a nature or extent as to constitute modifications of the Specifications within the meaning of Clause 7 hereof, then the Builder shall commence or continue construction of the Vessel in compliance accordance with the corrected or amended Plans. If such remarks or amendments are not clearly specified or detailed, the Builder shall in all cases seek clarification of the same from the Purchaser before implementing the same. 5.4. Copies of all correspondence to and the Classification Society and the regulatory authorities referred to in the Specifications, together with all provisions of this ARTICLE IVPlans approved by the Classification Society, unless actual notice of such non-compliance or non-completion executed shall be furnished to the Purchaser by Declarant shall appear of record the Builder as soon as practicable upon dispatch and receipt. SUBCONTRACTING 5.5. Save as regards those works delegated to those Subcontractors defined in the office Makers' List, the Builder shall not, without the Purchaser's prior approval in writing, subcontract any part of the County Recorder works contemplated by this Contract which exceed in value US $100,000 or its equivalent in local currency. Where such approval has been given, the Builder shall nevertheless remain fully responsible for the performance of San Mateo County, California, or unless legal proceedings shall have been instituted to enforce compliance or completionthe same as if it had personally undertaken such works.

Approval of Plans. 4.1 No Improvement shall be erected, placed, altered, maintained or permitted to remain on any land subject to these restrictions until plans and specifications showing plot layout, including parking and all exterior elevations, with materials and colors, have been submitted to and approved in writing by Declarant. Said approval shall be in addition to any approvals and/or permits required by the City of Menlo Park or any other legal entity having jurisdiction. Such plans and specifications shall be submitted in writing over the signature of the Owner of Lessee of the Site site or his authorized agent. 4.2 Approval shall be based, among other things, on adequacy of Site dimensions, adequacy of structural design, conformity and harmony of external design with neighboring Improvements, effect of location and use of Improvements on neighboring Sites; proper facing of main elevation with respect to nearby streets; and conformity of the plans and specifications to the purpose and general plan and intent of these restrictions. Declarant shall not arbitrarily or unreasonably withhold its approval of such plans and specifications. 4.3 If Declarant fails either to approve or to disapprove such plans and specifications within thirty (30) days after the same have been submitted to it, it shall be conclusively presumed that Declarant has approved said plans and specifications, subject, however, to the restrictions contained in ARTICLE III hereof. 4.4 Notwithstanding anything to the contrary herein contained, after the expiration of one year from the date of issuance of a building permit by municipal or other governmental authority for any Improvement, said Improvement shall, in favor of purchasers and encumbrancers in good faith and for value, be deemed to be in compliance with all provisions of this ARTICLE IV, unless actual notice of such non-compliance or non-completion executed by Declarant shall appear of record in the office of the County Recorder of San Mateo County, California, or unless legal proceedings shall have been instituted to enforce compliance or completion.

Approval of Plans. 4.1 (a) No Improvement construction, reconstruction, remodeling, alteration, or addition or of to any structure, building, fence, wall, drive, or improvement of any nature shall be erectedconstructed without obtaining prior written approval of Developer as to the location, placedplans, altered, maintained or permitted to remain on any land subject to these restrictions until plans and specifications showing plot layouttherefore. As a prerequisite to consideration for approval, including parking and all exterior elevationsprior to the commencement of the contemplated work, with materials and colors, have been submitted to and approved in writing by Declarant. Said approval shall be in addition to any approvals and/or permits required by the City two (2) complete sets of Menlo Park or any other legal entity having jurisdiction. Such building plans and specifications shall be submitted in writing over the signature of the Owner of Lessee of the Site or his authorized agent. 4.2 Approval submitted. Developer shall be based, among other things, on adequacy of Site dimensions, adequacy of structural design, conformity and harmony of external design with neighboring Improvements, effect of location and use of Improvements on neighboring Sites; proper facing of main elevation with respect to nearby streets; and conformity of the plans and specifications to the purpose and general plan and intent of these restrictions. Declarant shall not arbitrarily or unreasonably withhold its approval sole arbiter of such plans and specificationsmay withhold its approval for any reasons, including purely aesthetic reasons. It is expressly acknowledged that construction undertaken by Developer shall be conclusively deemed to comply with the foregoing. Upon giving approval, construction shall be started and prosecuted to completion promptly and in strict conformity with such plans. 4.3 If Declarant (b) At such time as Developer divests itself of all Lots within the development, the right of approval of plans for further construction, reconstruction, remodeling, alterations, and additions shall thereafter vest exclusively in the Association and in its Board of Directors, or such committees of the Association as shall be appointed by its Board of Directors. (c) Developer, the Association and the individual members thereof shall not be liable for any act or omission in performing or purporting to perform the functions delegated thereunder. In the event that Developer or the Association fails either to approve indicate its approval or to disapprove such plans and specifications disapproval within thirty (30) days after the same receipt of the required documents, approval will not be required and the related covenant set out herein shall be deemed to have been submitted fully satisfied. Approval or disapproval by Developer or the Association shall not be deemed to itconstitute any warranty or representation by it including, without limitation, any warranty or representation as to fitness, design or adequacy of the proposed construction or compliance with applicable statutes, codes and regulations. Anything contained in this paragraph 3.2 or elsewhere in this declaration to the contrary notwithstanding, Developer and the Association are hereby authorized and empowered, at their sole and absolute discretion, to make and permit reasonable modifications or deviations from any of the requirements of this Declaration relating to the type, kind, quantity or quality of the building materials to be used in the construction of any building or improvement on any Lot and of the size and location of any such building or improvement when, in their sole and final judgment, such modifications and deviations in such improvements will go in harmony with existing structures and will not materially detract from the aesthetic appearance of the Properties and the improvements as a whole; provided, however, such modifications and deviations must remain within all applicable ordinances and regulations established by Xxxx County Commission. Developer or the Association, as the case may be, may require the submission to it of such documents and items, including as examples, but without limitation, written requests for and description of the variances requested, plans, specifications, plot plans and samples of material(s), as either of them shall deem appropriate, in connection with its consideration of a request for a variance. If Developer or the Association shall approve such request for a variance, it shall evidence such approval, and grant its permission for such variance, only by written instrument, addressed to the Owner of the Lot(s) relative to which such variance has been requested, describing the applicable restrictive covenant(s) and the particular variance requested, expressing its decision to permit the variance, describing (when applicable) the conditions on which the variance has been approved (including as examples, but without limitation, the type of alternate materials to be conclusively presumed that Declarant has permitted, and alternate fence height approved said or specifying the location, plans and specificationsspecifications applicable to an approved outbuilding), subjectand signed by Developer of the Association, however, to as the restrictions contained in ARTICLE III hereof. 4.4 Notwithstanding anything to the contrary herein contained, after the expiration of one year from the date of issuance of case may be. Any request for a building permit by municipal or other governmental authority for any Improvement, said Improvement shall, in favor of purchasers and encumbrancers in good faith and for value, variance shall be deemed to be have been disapproved for the purposed hereof in compliance with all provisions the event of this ARTICLE IV, unless actual either (I) written notice of such non-compliance disapproval from Developer or non-completion executed the Association. (II) failure by Declarant developer or the Association to respond to the request for variance. In the event Developer or the Association or any successor to the authority thereof shall appear of record in not then be functioning, no variances from the office covenants herein contained shall be permitted, it being the intention of the County Recorder Developer that no variances be available except at its discretion or that of San Mateo County, California, or unless legal proceedings the Association. Neither Developer nor the Association shall have been instituted the authority to enforce compliance or completionapprove any variance except as expressly provided in this Declaration.

Approval of Plans. 4.1 No Improvement shall be erected, placed, altered, maintained or permitted to remain on any land subject to these restrictions until plans and specifications showing plot layout, including parking and all exterior elevations, with materials and colors, have been submitted to and approved in writing by Declarant. Said approval shall be in addition to any approvals and/or permits required by the City of Menlo Park or any other legal entity having jurisdiction. Such plans and specifications shall be submitted in writing over the signature of the Owner of Lessee of the Site or his authorized agent. 4.2 Approval shall be based, among other things, on adequacy of Site dimensions, adequacy of structural design, conformity and harmony of external design with neighboring Improvements, effect of location and use of Improvements on neighboring Sites; proper facing of main elevation with respect to nearby streets; and conformity of the plans and specifications to the purpose and general plan and intent of these restrictions. Declarant shall not arbitrarily or unreasonably withhold its approval of such plans and specifications. 4.3 If Declarant fails either to approve or to disapprove such plans and specifications within thirty (30) days after the same have been submitted to it, it shall be conclusively presumed that Declarant has approved said plans and specifications, subject, subject however, to the restrictions contained in ARTICLE III hereof. 4.4 Notwithstanding anything to the contrary herein contained, after the expiration of one year from the date of issuance of a building permit by municipal or other governmental authority for any Improvement, said Improvement shall, in favor of purchasers and encumbrancers in good faith and for value, be deemed to be in compliance with all provisions of this ARTICLE IV, unless actual notice of such non-compliance or non-completion executed by Declarant shall appear of record in the office of the County Recorder of San Mateo County, California, or unless legal proceedings shall have been instituted to enforce compliance or completion.

Approval of Plans. 4.1 No Improvement shall be erectedSUBCONTRACTING APPROVAL OF PLANS 5.1. In respect of all Plans required for the completion of the works envisaged by this Contract, placed, altered, maintained or permitted to remain on any land subject to these restrictions until plans and specifications showing plot layout, including parking and all exterior elevations, with materials and colors, have been submitted to and approved in writing by Declarant. Said approval shall be in addition to any approvals and/or permits required by the City of Menlo Park or any other legal entity having jurisdiction. Such plans and specifications same shall be submitted to the Purchaser in writing over four copies as soon as possible following their production. The Purchaser shall, within fourteen (14) Calendar Days after receipt thereof, return to the signature Builder one copy of such Plans with the Owner Purchaser's approval or the Purchaser's remarks and amendments (if any) written thereon. The approval of Lessee plans by the Purchaser shall not relieve the Builder of the Site or his authorized agentany of its obligations under this contract. 4.2 Approval 5.2. In the event that the Purchaser shall be based, among other things, on adequacy of Site dimensions, adequacy of structural design, conformity and harmony of external design with neighboring Improvements, effect of location and use of Improvements on neighboring Sites; proper facing of main elevation with respect fail to nearby streets; and conformity of return the plans and specifications Plans to the purpose and general plan and intent of these restrictions. Declarant Builder within the time limit as hereinabove provided, such Plans shall not arbitrarily or unreasonably withhold its approval of such plans and specifications. 4.3 If Declarant fails either to approve or to disapprove such plans and specifications within thirty (30) days after the same have been submitted to it, it shall be conclusively presumed that Declarant has approved said plans and specifications, subject, however, to the restrictions contained in ARTICLE III hereof. 4.4 Notwithstanding anything to the contrary herein contained, after the expiration of one year from the date of issuance of a building permit by municipal or other governmental authority for any Improvement, said Improvement shall, in favor of purchasers and encumbrancers in good faith and for value, be deemed to be have been approved without comment. 5.3. The Builder shall take due note of the Purchaser's remarks and amendments (if any) on Plans submitted pursuant to this Clause and, if such remarks or amendments are not of such a nature or extent as to constitute modifications of the Specifications within the meaning of Clause 7 hereof, then the Builder shall commence or continue construction of the Vessel in compliance accordance with the corrected or amended Plans. If such remarks or amendments are not clearly specified or detailed, the Builder shall in all cases seek clarification of the same from the Purchaser before implementing the same. 5.4. Copies of all correspondence to and from the Classification Society and the regulatory authorities referred to in the Specifications, together with all provisions of this ARTICLE IVPlans approved by the Classification Society, unless actual notice of such non-compliance or non-completion executed shall be furnished to the Purchaser by Declarant shall appear of record the Builder as soon as practicable upon dispatch and receipt. SUBCONTRACTING 5.5. Save as regards those works delegated to those Subcontractors defined in the office Makers' List, the Builder shall not, without the Purchaser's prior approval in writing, subcontract any part of the County Recorder works contemplated by this Contract which exceed in value US $ 100,000 or its equivalent in local currency. Where such approval has been given, the Builder shall nevertheless remain fully responsible for the performance of San Mateo County, California, or unless legal proceedings shall have been instituted to enforce compliance or completionthe same as if it had personally undertaken such works.

Approval of Plans. 4.1 No Improvement Prior to commencing any work on the Site in connection with the construction of Facilities (whether initial installation or a subsequent material alteration), Licensee shall be erectedobtain Licensor's approval of (a) Licensee's plans for all site and construction work, placedincluding access and laydown, alteredand any alterations, maintained modifications or permitted to remain impacts on any land subject to these restrictions until plans and specifications showing plot layout, including parking and all exterior elevations, with materials and colors, have been submitted to and approved in writing by Declarant. Said approval shall be in addition to any approvals and/or permits required by the City of Menlo Park or any other legal entity having jurisdiction. Such plans and specifications shall be submitted in writing over the signature of the Owner of Lessee of structure existing on the Site or his authorized agent. 4.2 Approval the Premises, (b) the precise location of the Facilities at the Site, (c) the precise location of any utility connections to the Facilities at the Site and through the Premises. If Licensee proposes to install any portion of the Facilities on an existing structure, Licensor may require Licensee to submit a structural engineering analysis, prepared by a registered professional engineer, for Licensor's review and approval. Licensee may propose solutions to any structural problems identified in its analysis, which solutions Licensee is willing to implement at its cost; however, Licensor shall be basedunder no obligation to accept any such proposed solution. Licensor reserves the right to determine, among other thingsthrough its own analysis and operational requirements, that a particular structure requires replacement or modification as a condition to use by Licensee, in which case Licensee shall have the option of (a) paying for the cost (in whole or in part, as may be agreed to by Licensor) of such replacement or modification, or (b) selecting another Site. Nothing herein shall require Licensor to make any modifications to its structures to accommodate Licensee, where such modification would impose additional costs or operational constraints on adequacy Licensee's operations. Licensor in its discretion may require that a representative of Site dimensions, adequacy of structural design, conformity and harmony of external design with neighboring Improvements, effect of location and use of Improvements on neighboring Sites; proper facing of main elevation with respect to nearby streets; and conformity Licensor be present during the construction of the plans and specifications to Facility, or that such representative make periodic inspections of the purpose and general plan and intent progress of these restrictionsthe construction work. Declarant Licensor shall not arbitrarily or unreasonably withhold or delay its approval consent to Licensee's plans; however, depending on the Licensor's own operational needs at the particular Premises and the Site, Licensor may impose reasonable requirements in order to ensure electrical system reliability and to minimize or avoid potential adverse effect on Licensor's Business, which Licensee acknowledges are a matter of public health and safety. Any alterations or modifications to a structure existing on the Site must be designed to Licensor's satisfaction by a licensed engineer at Licensee's sole cost and expense. Licensor, in its discretion, may require independent engineering review of Licensee's alterations or modifications, and such plans and specifications. 4.3 If Declarant fails either to approve or to disapprove such plans and specifications within thirty (30) days after the same have been submitted to it, it independent review shall be conclusively presumed that Declarant has approved said plans and specifications, subject, however, to the restrictions contained in ARTICLE III hereofat Licensee's cost. 4.4 Notwithstanding anything to the contrary herein contained, after the expiration of one year from the date of issuance of a building permit by municipal or other governmental authority for any Improvement, said Improvement shall, in favor of purchasers and encumbrancers in good faith and for value, be deemed to be in compliance with all provisions of this ARTICLE IV, unless actual notice of such non-compliance or non-completion executed by Declarant shall appear of record in the office of the County Recorder of San Mateo County, California, or unless legal proceedings shall have been instituted to enforce compliance or completion.

Approval of Plans. 4.1 No Improvement shall Any approval by Landlord of or consent by Landlord to any plans, specifications or other items to be erected, placed, altered, maintained or permitted to remain on any land subject to these restrictions until plans and specifications showing plot layout, including parking and all exterior elevations, with materials and colors, have been submitted to and approved in writing and/or reviewed by Declarant. Said approval Landlord pursuant to this Lease shall be in addition to any approvals and/or permits required by the City of Menlo Park or any other legal entity having jurisdiction. Such plans and specifications shall be submitted in writing over the signature of the Owner of Lessee of the Site or his authorized agent. 4.2 Approval shall be based, among other things, on adequacy of Site dimensions, adequacy of structural design, conformity and harmony of external design with neighboring Improvements, effect of location and use of Improvements on neighboring Sites; proper facing of main elevation with respect to nearby streets; and conformity of the plans and specifications to the purpose and general plan and intent of these restrictions. Declarant shall not arbitrarily or unreasonably withhold its approval of such plans and specifications. 4.3 If Declarant fails either to approve or to disapprove such plans and specifications within thirty (30) days after the same have been submitted to it, it shall be conclusively presumed that Declarant has approved said plans and specifications, subject, however, to the restrictions contained in ARTICLE III hereof. 4.4 Notwithstanding anything to the contrary herein contained, after the expiration of one year from the date of issuance of a building permit by municipal or other governmental authority for any Improvement, said Improvement shall, in favor of purchasers and encumbrancers in good faith and for value, be deemed to be in compliance strictly limited to an acknowledgment of approval or consent by Landlord thereto and, whether or not the work is performed by Landlord or by Tenant's contractor, such approval or consent shall not constitute the assumption by landlord of any responsibility for the accuracy, sufficiency or feasibility of any plans, specifications or other such items and shall not imply any acknowledgment, representation or warranty by landlord that the design is safe, feasible, structurally sound or will comply with any legal or governmental requirements, and Tenant shall be responsible for all provisions of this ARTICLE IV, unless actual notice of such non-compliance or non-completion executed by Declarant shall appear of record the same. RESEARCH COURT HEADXXXXXX.XXX EXHIBIT "C" - TENANT ACCEPTANCE AGREEMENT THIS AGREEMENT is an amendment to the Lease Agreement (the "Lease") for space in the office building known as RESEARCH COURT, located at 333 Xxxxxxxx Xxxxx, Xxxxx 000, Xxxxxxxx, Xxxxxxxx Xxxxxx, Xxxxxxx 00000, xxted as of the County Recorder _______ day of San Mateo County_______________1999, Californiaby and between AJ PARTNERS LIMITED PARTNERSHIP, or unless legal proceedings AN ILLINOIS LIMITED PARTNERSHIP, as Landlord, and HEADXXXXXX.XXX, xx Tenant. Pursuant to the provisions of Paragraph 2 of the Lease, Landlord and Tenant hereby mutually agree that: 1. Except for those items shown on the attached "Punch List," which Landlord will remedy within _________ days hereof, Landlord has fully completed the construction work required under the terms of the Lease. 2. Tenant is in possession of, and has accepted the Premises. The Premises are tenantable, the Landlord has no further obligation for construction (except as specified above), and Tenant acknowledges that both the Building and the Premises are satisfactory in all respects except for any latent defects for which Landlord shall be and remain responsible. All conditions of the Lease required of Landlord as of this date have been instituted fulfilled (except as specified above), and there are no defenses or setoffs against the enforcement of the Lease by Landlord. 3. The Commencement Date of the Lease is hereby agreed to enforce compliance or completionbe the ______ day of __________________, 1999.

Approval of Plans. 4.1 (a) No Improvement construction, reconstruction, remodeling, alteration, or addition of or to any structure, building, fence, wall, drive, or improvement of any nature shall be erectedconstructed without obtaining prior written approval of a confidential Architectural Committee composed of three (3) members as to the location, placedplans, alteredand specifications therefore. Prior to the Transfer of Control, maintained the Developer shall appoint the members of the Architectural Committee, and subsequent to the Transfer of Control the members of such Committee shall be appointed by the Board of Directors of the Association. As a prerequisite to consideration for approval, and prior to the commencement of the contemplated work, a Lot Owner shall submit to the Developer, or permitted the Association's managing agent, as the case may be, such plans, specifications, and other information concerning the proposed improvement as the Architectural Committee may require from time to remain on any land subject time as a condition for its review and approval thereof accompanied with such fee as the Association may require, and the Developer or such managing agent shall submit the same to these restrictions until the Architectural Committee for approval. All plans of proposed residences to be constructed in The Peninsula shall conform to the standards set forth in subparagraph (b) below, and the Architectural Committee shall be the sole arbiter of such plans and specifications showing plot layoutmay withhold its approval for any reason, including parking purely aesthetic reasons. Upon approval being given, construction shall be started and all exterior elevationsprosecuted to completion promptly and in' strict conformity with such plans, with materials and colors, have been submitted to and approved in writing by Declarant. Said otherwise the approval shall be in addition to any approvals and/or permits required void. A reasonable fee may be charged by the City of Menlo Park or any other legal entity having jurisdiction. Such plans Association 10 defray its costs incurred in considering and specifications shall be submitted in writing over the signature of the Owner of Lessee of the Site or his authorized agent. 4.2 Approval shall be based, among other things, on adequacy of Site dimensions, adequacy of structural design, conformity and harmony of external design with neighboring Improvements, effect of location and use of Improvements on neighboring Sites; proper facing of main elevation with respect to nearby streets; and conformity of the plans and specifications to the purpose and general plan and intent of these restrictions. Declarant shall not arbitrarily or unreasonably withhold its approval of acting upon such proposed plans and specifications. 4.3 If Declarant (b) Residences to be constructed within The Peninsula shall be sufficiently compatible with existing architectural styles that predominate in the development to assure a pleasing overall appearance and maintain its image as a high quality, single family, residential neighborhood. Existing structures will be considered but do not, as such, constitute precedent nor assure approval. (c) Developer, the Architectural Committee, the Association and the individual members thereof shall not be liable for any act or omission in performing or purporting to perform the functions delegated hereunder. In the event that Developer or the Association fails either to approve indicate its approval or to disapprove such plans and specifications disapproval within thirty (30) days after alter the same receipt of the required documents, approval will not be required and the related covenants set out herein shall be deemed to have been submitted fully satisfied. Approval or disapproval by Developer or the Association shall not be deemed 'to itconstitute any warranty or representation by it including, it shall without limitation, any warranty or representation as to fitness, design or adequacy of the proposed construction or compliance with applicable statutes, codes and regulations. Anything contained in this paragraph 3.2, or elsewhere in this Declaration to the contrary notwithstanding, Developer and the Association are hereby authorized and empowered, at their sole and absolute discretion, to make and permit reasonable modifications or deviations from any of the requirements of this Declaration relating to the type, kind, quantity or quality of the building materials to be conclusively presumed that Declarant has approved said plans used in the construction of any building or improvement on any Lot and specificationsof the size and location of any such building or improvement when, subjectin their sole and final judgment, such modifications and deviations in such improvements will he in harmony with existing structures and will not materially detract from the aesthetic appearance of the Properties and the improvements as a whole; provided, however, such modifications and deviations must remain within all applicable ordinances and regulations established by the Davidson County Planning Commission. Book 9564 pc 700 Developer or the Association, as the case may be, may require the submission to it of such documents and items, including as examples, but without limitation, written requests for and description of the variances requested, plans, specifications, plot plans and samples of material(s), as either of them shall deem appropriate, in connection with its consideration of a request for a variance. If Developer or the Association shall approve such request for a variance it shall evidence such approval, and grant its permission for such variance, only by written instrument, addressed to the restrictions contained in ARTICLE III hereof. 4.4 Notwithstanding anything Owner of the Lot(s) relative to which such variance has been requested, describing the contrary herein containedapplicable restrictive covenant(s) and the particular variance requested, after expressing its decision to permit the expiration variance, describing (when applicable) the conditions on which the variance has been approved (including as examples, but without limitation, the type of one year from alternate materials to be permitted, and alternate fence height approved or specifying the date of issuance of location, plans and specifications applicable to an approved outbuilding) and signed by Developer or the Association) as the case may be. Any request for a building permit by municipal or other governmental authority for any Improvement, said Improvement shall, in favor of purchasers and encumbrancers in good faith and for value, variance shall be deemed to be have been disapproved for the purposes hereof in compliance with all provisions the event of this ARTICLE IV, unless actual either (i) written notice of such non-compliance disapproval from Developer or non-completion executed the Association or (ii) failure by Declarant Developer or the Association to respond to the request for variance. In the event Developer or the Association or any successor to the authority thereof shall appear not then be functioning, no variances from the covenants herein contained shall be permitted, it being the intention of record in the office Developer that no variances be available except at its discretion or that of the County Recorder of San Mateo County, California, or unless legal proceedings Association. Neither Developer nor the Association shall have been instituted the authority to enforce compliance or completionapprove any variance except as expressly provided in this Declaration.