Common use of Approval of Plans Clause in Contracts

Approval of Plans. All Tenant Improvements shall be completed pursuant to working plans and specifications prepared by a duly registered architect employed by Tenant, at Tenant's sole expense. Any deficiency in design or construction shall be Tenant's sole responsibility, regardless of whether such plans and specifications were previously approved by Landlord. Approval by Landlord of any of Tenant's drawings, plans, and specifications prepared in connection with any Tenant Improvements within the Premises shall not constitute a representation or warranty by Landlord as to the adequacy or sufficiency of such drawings, plans, and specifications, or the improvements to which they relate, for any use, purpose, or condition. Any such approval by Landlord shall merely be the consent of Landlord as required pursuant to this subparagraph. Landlord has made no representations as to the condition of the Premises, or the Building, or the need for Tenant to remodel, repair, or decorate. Prior to commencing the Tenant Improvements, Tenant shall submit plans and specifications for such Tenant Improvements to Landlord or its agent, for Landlord's written approval, which approval shall not unreasonably be withheld, and for which Landlord shall approve or disapprove within ten days of submission of said documents by Tenant to Landlord. Landlord's approval of said plans and specifications may be contingent upon the removal of any or all of the Tenant Improvements from the Premises, and restoration of the Premises to the condition existing prior to completion of the Tenant Improvements upon the expiration or earlier termination of the Lease. All Tenant Improvements to be performed and completed by Tenant shall be performed in strict accordance with the approved plans and specifications. Without Landlord's prior written consent, no Tenant Improvements shall be constructed, nor shall there be any deviation from the approved plans and specifications, for such Tenant Improvements. Unless designated to be removed as discussed in the Lease, and excluding Tenant's trade fixtures, all Tenant Improvements (whether temporary or permanent in character, and including, but not limited to, all HVAC equipment and all other equipment that is in any manner connected to the Building's plumbing system) made in or upon the Premises, either by Landlord or Tenant, shall become Landlord's property at the end of the Lease, and shall remain on the Premises, without compensation to Tenant.

Approval of Plans. All Within ten (10) days after execution of this Lease by both parties hereto, Landlord shall prepare and submit to Tenant Improvements shall be completed pursuant to working plans and specifications prepared by a duly registered architect employed by Tenant, at for Tenant's sole expense. Any deficiency in design or construction shall be Tenant's sole responsibility, regardless of whether such plans and specifications were previously approved by Landlord. Approval by Landlord of any of Tenant's drawings, approval preliminary plans, specifications and specifications prepared in connection with any Tenant Improvements within the Premises shall not constitute a representation or warranty by Landlord as to the adequacy or sufficiency of such drawings, plans, and specifications, or the improvements to which they relate, working drawings for any use, purpose, or condition. Any such approval by Landlord shall merely be the consent of Landlord as required pursuant to this subparagraph. Landlord has made no representations as to the condition of the Premises, or the Building, or the need for Tenant to remodel, repair, or decorate. Prior to commencing the Tenant Improvements, Tenant shall submit plans and specifications for such Tenant Improvements to Landlord or its agent, for Landlord's written approval, which approval shall not unreasonably be withheld, and for which Landlord shall approve or disapprove within ten days of submission of said documents by Tenant to Landlord. Landlord's approval of said plans and specifications may be contingent upon the removal of any or all of the Tenant Improvements from which Tenant desires Landlord to construct on the Premises, and restoration Tenant's approval shall not be unreasonably withheld. At such time as Tenant has approved the preliminary plans, specifications and working drawings, Landlord shall proceed with the preparation of the final plans, specifications and working drawings and shall deliver the same to Tenant for Tenant's approval, which shall not be unreasonably withheld, and which shall be based solely upon whether such final plans are consistent with the preliminary plans. Landlord shall concurrently deliver to Tenant the final plans, specifications and working drawings for the Building Shell to Tenant for its review (but not approval). If Landlord and Tenant agree on such plans, they shall indicate their approval thereof by initialing and dating the same and shall become a part hereof. Landlord shall submit such final plans, specifications and working drawings to all appropriate governmental agencies for approval. Landlord shall notify Tenant of any changes required by any governmental agencies, and Tenant shall have seven (7) days thereafter to indicate its approval thereof. All such changes required by governmental agencies shall be deemed acceptable to Tenant unless Tenant's use of the Premises is materially impaired thereby. The final plans, specifications and working drawings as approved, and all change orders specifically permitted pursuant to Subparagraph (c) below, shall be referred to herein as the "Approved Plans." Following governmental approval of the Approved -------------- Plans, Landlord shall promptly deliver to Tenant a copy of the Approved Plans. Notwithstanding anything to the condition existing prior to completion of the Tenant Improvements upon the expiration contrary contained herein or earlier termination of the Lease. All Tenant Improvements to be performed and completed by Tenant shall be performed in strict accordance with the approved plans and specifications. Without Landlord's prior written consent, no Tenant Improvements shall be constructed, nor shall there be any deviation from the approved plans and specifications, for such Tenant Improvements. Unless designated to be removed as discussed in the Lease, and excluding Tenant's trade fixturesin the event the parties, all Tenant Improvements despite their good faith efforts, are unable to agree upon Approved Plans within thirty (whether temporary or permanent in character30) days of the date of this Lease, and including, but not limited to, all HVAC equipment and all other equipment that is in any manner connected then either party may terminate this Lease by written notice to the Building's plumbing system) made in other, at which point the parties shall have no further rights or upon obligations under the Premises, either by Landlord or Tenant, shall become Landlord's property at the end of the Lease, and shall remain on the Premises, without compensation Lease other than pursuant to Tenantthose provisions which expressly survive termination thereof.

Approval of Plans. All Within ten days after execution of this Lease by both parties hereto, Tenant shall prepare and submit to Landlord preliminary plans, specifications and working drawings for the Tenant Improvements shall be completed pursuant which Tenant desires Landlord to working plans and specifications prepared by a duly registered architect employed by Tenant, at Tenant's sole expense. Any deficiency in design or construction shall be Tenant's sole responsibility, regardless of whether such plans and specifications were previously approved by Landlord. Approval by Landlord of any of Tenant's drawings, plans, and specifications prepared in connection with any Tenant Improvements within the Premises shall not constitute a representation or warranty by Landlord as to the adequacy or sufficiency of such drawings, plans, and specifications, or the improvements to which they relate, for any use, purpose, or condition. Any such approval by Landlord shall merely be the consent of Landlord as required pursuant to this subparagraph. Landlord has made no representations as to the condition of Construct on the Premises, or . Tenant shall select the Building, or architect and engineers required for the need for Tenant to remodel, repair, or decorate. Prior to commencing design of the Tenant Improvements, which selection shall be subject to the reasonable approval of Landlord, As soon as the final plans, specifications and working drawings are completed, Tenant shall deliver the same to Landlord for its approval, which shall not be unreasonably withheld, and which shall be based solely upon whether such final plans are consistent with the preliminary plans. In all events, the parties shall use their best efforts to reach agreement so that such plans may be submitted for governmental approval within seven (7) days from submission of such plans to Landlord for its approval. If Landlord and Tenant agree on such plans, they shall indicate their approval thereof by initialing and dating the same and a copy of the final Tenant Improvements plans shall be attached hereto as Exhibit "B" and shall become a part hereof. Tenant shall submit plans such final plans, specifications and specifications working drawings to all appropriate governmental agencies for such Tenant Improvements to Landlord or approval. Concurrently with its agent, for Landlord's written approval, which approval shall not unreasonably be withheld, and for which Landlord shall approve or disapprove within ten days of submission of said documents by final plans to governmental agencies, Tenant to Landlord. Landlord's approval of said plans and specifications may be contingent upon shall obtain a bid for the removal of any or all construction of the Tenant Improvements from the Premises, and restoration of the Premises to the condition existing prior to completion of the Tenant Improvements upon the expiration or earlier termination of the Lease. All Tenant Improvements to be performed and completed improvements contemplated by Tenant shall be performed in strict accordance with the approved such final plans and specifications. Without Landlord's prior written consentImmediately following receipt of such bid, no Tenant Improvements shall deliver a copy to Landlord for its review and approval. Such bid shall be constructed, nor deemed approved by Tenant if Tenant does not object thereto within ten (10) days thereafter. Tenant shall there be notify Landlord of any deviation from the approved plans and specifications, for such Tenant Improvements. Unless designated to be removed as discussed in the Leasechanges required by any governmental agencies, and excluding Landlord shall have seven (7) days thereafter to indicate its approval thereof. All such changes required by governmental agencies shall be deemed acceptable to Landlord unless Tenant's trade fixturesuse of the Premises is materially impaired or modified thereby. The final plans, all Tenant Improvements (whether temporary or permanent in characterspecifications and working drawings as approved, and including, but not limited to, all HVAC equipment and all other equipment that is in any manner connected change orders specifically permitted pursuant to the Building's plumbing systemSubparagraph (c) made in or upon the Premises, either by Landlord or Tenantbelow, shall become Landlord's property at be referred to herein as the end of the Lease, and shall remain on the Premises, without compensation to Tenant"Approved Plans".

Approval of Plans. All Landlord shall have 12 15 days after receipt of the Plans from Tenant Improvements within which to review and approve them. If Landlord fails to notify 13 Tenant in writing within such 15-day period of Landlord's disapproval of the Plans, the Plans shall be completed pursuant deemed approved. 14 If Landlord notifies Tenant of Landlord's disapproval of the Plans within such 15-day period, then Landlord shall advise 15 Tenant of the reasons for the disapproval and the items that must be modified, whereupon Landlord and Tenant shall meet 16 and confer so as to working modify the plans to be acceptable to both Landlord and specifications prepared Tenant. If for any reason Landlord and Tenant 17 are unable to agree upon the Plans within 60 days of this date, then upon written notice issued by a duly registered architect employed either party to the 18 other at any time thereafter and prior to the approval of the Plans by both Landlord and Tenant, at Tenant's sole expensethis Lease shall terminate 19 without further liability to either party. Any deficiency in design or construction shall be Tenant's sole responsibility, regardless Upon approval of whether such plans and specifications were previously approved by Landlord. Approval the Plans by Landlord of any of and Tenant's drawings, plansLandlord promptly shall 20 submit the Plans to the Agency and all other necessary governmental authorities and shall proceed diligently to 21 obtain all requisite governmental approvals. If modifica-tions are 22 required to obtain such governmental approvals, and specifications prepared in connection with any Tenant Improvements within the Premises shall not constitute a representation or warranty by Landlord as 22 if such modifications are acceptable to the adequacy or sufficiency of such drawings, plans, and specifications, or the improvements to which they relate, for any use, purpose, or condition. Any such approval by Landlord shall merely be the consent of Landlord as required pursuant to this subparagraph. Landlord has made no representations as to the condition of the Premises, or the Building, or the need for Tenant to remodel, repair, or decorate. Prior to commencing the Tenant ImprovementsTenant, Tenant shall submit plans prepare such modifications and specifications the Plans shall be resubmitted 23 by Landlord for governmental approval. If Tenant does not approve the modifications required for governmental approval 24 or such Tenant Improvements approval is not obtained within 90 days of this date, then at any time thereafter and prior to Landlord or its agent, for Landlord's written such approval, which approval by 25 written notice to Landlord, Tenant may terminate this Lease. Tenant shall not unreasonably be withheldwithhold its approval of such 26 modifications, and albeit if the aggregate cost of the modifications required for which Landlord shall governmental approval exceeds 27 $50,000.00, Tenant may approve or disapprove within ten days of submission of said documents by Tenant to Landlordthem in 28 its sole discretion. Landlord's approval of said plans and specifications may be contingent upon the removal of any or all of the Tenant Improvements from the Premises, and restoration of the Premises to the condition existing prior to completion of the Tenant Improvements upon the expiration or earlier termination of the Lease. All Tenant Improvements to be performed and completed by Tenant shall be performed in strict accordance with the approved plans and specifications. Without Landlord's prior written consent, no Tenant Improvements shall be constructed, nor shall there be any deviation from the approved plans and specifications, for such Tenant Improvements. Unless designated to be removed as discussed in the Lease, and excluding Tenant's trade fixtures, all Tenant Improvements (whether temporary or permanent in character, and including, but not limited to, all HVAC equipment and all other equipment that is in any manner connected to the Building's plumbing system) made in or upon the Premises, either by Landlord or Tenant, shall become Landlord's property at the end of the Lease, and shall remain on the Premises, without compensation to Tenant.2.3

Approval of Plans. All Tenant Improvements Landlord shall be completed pursuant cause the Architect and/or Contractor to working plans and specifications prepared deliver the Plans to the required governing authorities having jurisdiction over the Project. Any changes required by a duly registered architect employed by Tenant, at the governing authorities which unduly affect the Tenant's sole expense. Any deficiency in design or construction shall be Tenant's sole responsibility, regardless proposed use of whether such plans and specifications were previously approved by Landlord. Approval by Landlord of any of Tenant's drawings, plans, and specifications prepared in connection with any Tenant Improvements within the Premises shall require Tenant's approval, provided that Tenant shall not constitute unreasonably withhold such consent so long as the changes do not require a representation material or warranty by Landlord as substantial change or modification to the adequacy or sufficiency of such drawingsPlans approved by Tenant. If Tenant's approval is required, plans, and specifications, or the improvements to which they relate, for any use, purpose, or condition. Any such approval by Landlord shall merely be submit such plans reflecting such changes or modifications required by governing authorities (collectively, "MODIFICATIONS") to Tenant and within five (5) business days after Tenant receives the consent of Landlord as required pursuant to this subparagraph. Landlord has made no representations as to the condition of the Premises, or the Building, or the need for Tenant to remodel, repair, or decorate. Prior to commencing the Tenant ImprovementsModifications, Tenant shall submit plans either approve or disapprove the Modifications for reasonable and specifications for substantial or material reasons (each, a "DESIGN PROBLEM"). Landlord shall make such changes as are necessary in order to correct any Design Problem and shall resubmit the corrected Modifications to Tenant. Within five (5) business days after Tenant Improvements to Landlord or its agentreceives the revised Modifications, for Landlord's written approval, which approval shall not unreasonably be withheld, and for which Landlord Tenant shall approve or disapprove the Modifications. This procedure shall be repeated until the Modifications are finally approved by Tenant. In the event that Tenant fails to provide written notice of disapproval within ten the required time period, the Modifications shall be deemed approved. In the event Landlord is required to seek Tenant approval, Landlord shall deliver copies of documents at the address required for notices under the Lease. In the event that Landlord, Tenant, and the governing authorities are unable to agree as to the resolution of a Design Problem or Modification within twenty one (21) days of after the initial submission of said documents such Modification to Tenant by Landlord, then an independent consultant, qualified to make a decision in respect of the particular Design Problem will be mutually agreed upon by the Landlord and the Tenant to Landlordresolve the issue, and such consultant's decision shall be binding upon the parties. Costs of any changes required by the governing authorities shall be at the Landlord's approval of said plans cost, save and specifications may be contingent upon the removal except in respect of any or all additional landscaping costs, in excess of the landscaping allowance referred to herein, in respect of which the Tenant shall be responsible for two-thirds of such costs, it being understood that such contribution shall be subject to the same approval rights of the Tenant Improvements from the Premises, and restoration in respect of the Premises to the condition existing prior to completion of the Tenant Improvements upon the expiration or earlier termination of the Lease. All Tenant Improvements to be performed and completed by Tenant shall be performed Modifications as set out above in strict accordance with the approved plans and specifications. Without Landlord's prior written consent, no Tenant Improvements shall be constructed, nor shall there be any deviation from the approved plans and specifications, for such Tenant Improvements. Unless designated to be removed as discussed in the Lease, and excluding Tenant's trade fixtures, all Tenant Improvements (whether temporary or permanent in character, and including, but not limited to, all HVAC equipment and all other equipment that is in any manner connected to the Building's plumbing system) made in or upon the Premises, either by Landlord or Tenant, shall become Landlord's property at the end of the Lease, and shall remain on the Premises, without compensation to Tenantthis Section 4.

Approval of Plans. All Landlord shall contract with Xxxxxxxx Xxxxxxx Architects Inc. (“Xxxxxxxx Xxxxxxx”), at its cost (not to exceed $2,000.00), to prepare a detailed space plan, (the “Space Plan”) mutually satisfactory to Landlord and Tenant Improvements for the construction of the Tenant Work to be performed within Suite 200 (as that tennis defined in Paragraph 2 of the Fifth Amendment). Landlord and Tenant shall use diligent efforts to cause the Space Plan to be completed pursuant to working prepared and approved no later than thirty (30) days after the Reduction Date. The term “Plans” shall mean the full and detailed architectural and engineering plans and specifications prepared by a duly registered architect employed by Tenantcovering the Tenant Work (including, at Tenant's sole expensewithout limitation, architectural, mechanical and electrical working drawings for the Tenant Work) based upon the approved Space Plan. Any deficiency The term “Approved Plans” shall mean the Plans, as and when approved in design or construction shall be Tenant's sole responsibility, regardless of whether such plans and specifications were previously approved writing by Landlord. Approval by The Plans shall be subject to Landlord’s approval and the approval of all local governmental authorities requiring approval of the Tenant Work and/or the Approved Plans. Landlord shall give its approval or disapproval (giving general reasons in case of any disapproval) of Tenant's drawingsthe Plans within ten (lO) business days after their delivery to Landlord. Landlord agrees not to unreasonably withhold its approval of said Plans; provided, planshowever, and specifications prepared in connection with any Tenant Improvements within the Premises that Landlord shall not constitute a representation or warranty by Landlord be deemed to have acted unreasonably if it withholds its approval of the Plans because, in Landlord’s reasonable opinion: the Tenant Work as shown in the Plans: (1) is likely to adversely affect Building systems, the adequacy or sufficiency structure of such drawings, plans, and specifications, the Building or the improvements to which they relate, for any use, purpose, or condition. Any such approval by Landlord shall merely be the consent of Landlord as required pursuant to this subparagraph. Landlord has made no representations as to the condition safety of the Premises, Building and/or its occupants; (2) might impair Landlord’s ability to furnish services to Tenant or other tenants; (3) would increase the cost of operating the Building; (4) would violate any governmental laws, rules or ordinances (or interpretations thereof); (5) involves hazardous or toxic materials or substances which are not customarily used in the need for Tenant to remodelbuilding trade; (6) would adversely affect the appearance of the Building or might materially adversely affect another tenant’s premises; or (7) is prohibited by any mortgage or trust deed encumbering the Building. The foregoing reasons, repairhowever, or decorate. Prior to commencing the Tenant Improvements, Tenant shall submit plans and specifications for such Tenant Improvements to Landlord or its agent, for Landlord's written approval, which approval shall not unreasonably be withheld, and exclusive of the reasons for which Landlord shall approve or disapprove within ten days of submission of said documents by Tenant to Landlord. Landlord's approval of said plans and specifications may be contingent upon the removal of any or all of the Tenant Improvements from the Premises, and restoration of the Premises to the condition existing prior to completion of the Tenant Improvements upon the expiration or earlier termination of the Lease. All Tenant Improvements to be performed and completed by Tenant shall be performed in strict accordance with the approved plans and specifications. Without Landlord's prior written withhold consent, no Tenant Improvements shall be constructed, nor shall there be any deviation from the approved plans and specifications, for such Tenant Improvements. Unless designated to be removed as discussed in the Lease, and excluding Tenant's trade fixtures, all Tenant Improvements (whether temporary or permanent in character, and including, but not limited to, all HVAC equipment and all other equipment that is in any manner connected to the Building's plumbing system) made in or upon the Premises, either by Landlord or Tenant, shall become Landlord's property at the end of the Lease, and shall remain on the Premises, without compensation to Tenant.

Approval of Plans. All Tenant Improvements No improvement shall be completed pursuant erected, placed, altered, maintained or permitted to working remain on any Site until plans and specifications prepared showing plot layout and all exterior elevations, with materials and EXHIBIT D Covenants, Conditions and Restrictions -------------------------------------- (continued) colors therefore and structural designs, signs and landscaping shall have been submitted to and approved in writing by a duly registered architect employed by Tenant, at Tenant's sole expensethe Architectural Control Committee. Any deficiency in design or construction Such plans and specifications shall be Tenant's sole responsibilitysubmitted in writing over the signature of the Owner of the Site or his authorized agent. Approval shall be based, regardless among other things, on adequacy of whether Site dimensions; adequacy of structural design; effect of location and use of improvements on neighboring Sites; improvement operations, and uses; relation of topography, grade, and finished ground elevation of the Site being improved to that of 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 this Declaration. The Architectural Control Committee shall not arbitrarily or unreasonably withhold its approval of such plans and specifications. If the Architectural Control Committee fails either to approve or disapprove such plans and specifications were previously approved by Landlord. Approval by Landlord of any of Tenant's drawingswithin thirty (30) days after the same have been submitted to it, plans, and specifications prepared in connection with any Tenant Improvements within the Premises shall not constitute a representation or warranty by Landlord as to the adequacy or sufficiency of such drawings, plans, and specifications, or the improvements to which they relate, for any use, purpose, or condition. Any such approval by Landlord shall merely be the consent of Landlord as required pursuant to this subparagraph. Landlord has made no representations as to the condition of the Premises, or the Building, or the need for Tenant to remodel, repair, or decorate. Prior to commencing the Tenant Improvements, Tenant shall submit plans and specifications for such Tenant Improvements to Landlord or its agent, for Landlord's written approval, which approval shall not unreasonably be withheld, and for which Landlord shall approve or disapprove within ten days of submission of said documents by Tenant to Landlord. Landlord's approval of said plans and specifications may be contingent upon the removal of any or all of the Tenant Improvements from the Premises, and restoration of the Premises to the condition existing prior to completion of the Tenant Improvements upon the expiration or earlier termination of the Lease. All Tenant Improvements to be performed and completed by Tenant it shall be performed in strict accordance with conclusively presumed that the Architectural Control Committee has approved plans and specifications. Without Landlord's prior written consent, no Tenant Improvements shall be constructed, nor shall there be any deviation from the approved said plans and specifications, subject, however, to the restrictions contained in Articles II and IV hereof. Neither the Architectural Control Committee nor its successors or assigns shall be liable in damages to anyone submitting plans to them for approval, or to any Owner by reason of mistake in judgment, negligence, or nonfeasance arising out of or in connection with the approval or disapproval or failure to approve any such Tenant Improvementsplans. Unless designated Every person who submits plans to be removed as discussed in the LeaseArchitectural EXHIBIT D Covenants, Conditions and Restrictions -------------------------------------- (continued) Control Committee for approval agrees, by submission of such plans, and excluding Tenant's trade fixturesevery Owner agrees, all Tenant Improvements (whether temporary by acquiring title to a Site, that he will not bring any action or permanent in character, and including, but not limited to, all HVAC equipment and all other equipment that is in suit against the Architectural Control Committee to recover any manner connected to the Building's plumbing system) made in or upon the Premises, either by Landlord or Tenant, shall become Landlord's property at the end of the Lease, and shall remain on the Premises, without compensation to Tenantsuch damages.

Approval of Plans. All (a) Construction of the Improvements described in Sections 1.05 and 4.03 hereof, the Pro Shop Space, the Public Amenity, and any other improvements to be constructed by Tenant Improvements on or adjacent to the Property, or any modification, replacement, alteration, reconstruction, or addition thereto which materially affects public space of the improvements (e.g., the main lobby, parking, main lobby elevator corridors, loading areas, vehicular access areas and other building space open to the public), the exterior of the buildings, or the first-class quality of the Project shall be in accordance with plans and specifications previously approved by Landlord (the "Plans and Specifications"). No improvement for which Landlord's approval is required shall be constructed on the Property unless the Plans and Specifications therefor have been reviewed and approved by Landlord. Landlord shall be invited to attend design meetings as an observer to allow sufficient familiarity with the drawings to facilitate Landlord's review in accordance with the following schedule: (i) Schematic drawings and preliminary specifications for the Project shall be provided to Landlord for review which review shall be completed pursuant to within ten (10) working plans and specifications prepared by a duly registered architect employed by Tenant, at Tenant's sole expense. Any deficiency in design or construction days after submittal. (ii) Design development drawings for the Project shall be Tenantprovided to Landlord for review which review shall be completed within ten (10) working days after submittal. (iii) Design development and schematic drawings shall conform with the scope of work for such drawings as established by the standards of the American Institute of Architects. (b) Landlord's sole responsibilityapproval shall not be required for any further drawings, regardless plans or specifications for construction of whether such plans the Project or any modification, replacement, alteration, or addition thereto, unless there is a material change in the Plans and specifications were Specifications previously approved by Landlord. Approval Any material changes shall be reviewed by Landlord within ten (10) working days after submittal. A change shall be deemed "material" only if the change results in a reduction in the cost of any of Tenantthe work that exceeds $200,000, such change materially and adversely affects Landlord's drawings, plans, and specifications prepared in connection with any Tenant Improvements within the Premises shall not constitute a representation rights or warranty by Landlord as to the adequacy or sufficiency of such drawings, plans, and specificationsobligations under this Lease, or the improvements to which they relate, quality or value of the Improvements or any part thereof is materially reduced or diminished. (c) Approvals by Landlord under this Section 4.04 shall not be unreasonably withheld or delayed except for any use, purpose, or condition. Any such approval by Landlord shall merely be the consent of Landlord as required pursuant to this subparagraph. Landlord has made no representations as to the condition material change in use of the Premises, or the Building, or the need for Tenant to remodel, repair, or decorate. Prior to commencing the Tenant Improvements, Tenant Approvals shall submit plans and specifications for such Tenant Improvements to Landlord or its agent, for Landlord's written approval, which approval shall not unreasonably be withheld, and for which deemed given unless Landlord shall approve or disapprove within ten days of submission of said documents by notify Tenant to Landlord. Landlord's in writing stating the reasons for withholding such approval of said plans and specifications may be contingent upon the removal of any or all of the Tenant Improvements from the Premises, and restoration of the Premises to the condition existing prior to completion of the Tenant Improvements upon the expiration or earlier termination of the Lease. All Tenant Improvements to be performed and completed by Tenant shall be performed in strict accordance with the approved plans and specifications. Without Landlord's prior written consent, no Tenant Improvements shall be constructed, nor shall there be any deviation from the approved plans and specifications, for such Tenant Improvements. Unless designated to be removed as discussed in the Lease, and excluding Tenant's trade fixtures, all Tenant Improvements (whether temporary or permanent in character, and including, but not limited to, all HVAC equipment and all other equipment that is in any manner connected to the Building's plumbing system) made in or upon the Premises, either by Landlord or Tenant, shall become Landlord's property at the end of the Lease, and shall remain on the Premises, without compensation to Tenant.within

Approval of Plans. All At such time during the initial five (5) ----------------- year term of this Lease that Tenant Improvements elects to perform improvements or modifications to the premises, Tenant shall be completed pursuant prepare and deliver to working Landlord for its approval preliminary plans and specifications prepared of the Tenant Improvements. Xxxxxxxx's approval shall not be unreasonably withheld and Landlord shall grant or withhold such approval within ten (10) days following Landlord's receipt of such preliminary plans and specifications. Within sixty (60) days after Xxxxxxxx's approval, Tenant shall prepare final plans, specifications and working drawings for the Tenant Improvements that are consistent with and are logical evolutions of the preliminary plans and specifications approved by a duly registered architect employed Landlord. As soon as the final plans, specifications and working drawings are completed, Tenant shall deliver the same to Landlord for its approval, which shall not be unreasonably withheld. Landlord shall grant or withhold its approval within ten (10) days of Landlord's receipt of the final plans, specifications and working drawings. In all events, the parties shall use their best efforts to reach agreement so that such plans may be submitted for governmental approval as soon as reasonably practicable. Landlord and Tenant shall indicate their approval thereof by Tenant, at Tenantinitialing and dating the same. Landlord's sole expense. Any deficiency in design or construction shall be Tenant's sole responsibility, regardless approval of whether such plans and specifications were previously approved by Landlord. Approval by Landlord of any of Tenant's drawings, plans, and specifications prepared in connection with any Tenant Improvements within the Premises shall not constitute a any representation or warranty by Landlord as to regarding the sufficiency or adequacy or sufficiency of such drawings, plans, and specifications, or the improvements to which they relate, for any use, purpose, or condition. Any such approval by Landlord shall merely be the consent of Landlord as required pursuant to this subparagraph. Landlord has made no representations as to the condition of the Premises, or the Building, or the need for Tenant to remodel, repair, or decorate. Prior to commencing the Tenant Improvements, Tenant shall submit plans and specifications for any purpose, and Tenant hereby waives any claims against Landlord which are based upon or arise in connection with Xxxxxxxx's approval of such plans and specifications. Tenant Improvements shall submit such final plans, specifications and working drawings to all appropriate governmental agencies for approval. Tenant will notify Landlord or its agentof any changes required by any governmental agencies, for and all such changes shall be subject to Landlord's written reasonable approval, which approval shall not unreasonably be withheldgranted or withheld with ten (10) days of Landlord's receipt of such changes. The final plans, specifications and working drawings as approved, and for which Landlord shall approve or disapprove within ten days of submission of said documents by Tenant all change orders specifically permitted pursuant to Landlord. Landlord's approval of said plans and specifications may be contingent upon the removal of any or all of the Tenant Improvements from the PremisesParagraph 34.2(c) below, and restoration of the Premises to the condition existing prior to completion of the Tenant Improvements upon the expiration or earlier termination of the Lease. All Tenant Improvements to be performed and completed by Tenant shall be performed in strict accordance with referred to herein as the approved plans and specifications. Without Landlord's prior written consent, no Tenant Improvements shall be constructed, nor shall there be any deviation from the approved plans and specifications, for such Tenant Improvements. Unless designated to be removed as discussed in the Lease, and excluding Tenant's trade fixtures, all Tenant Improvements (whether temporary or permanent in character, and including, but not limited to, all HVAC equipment and all other equipment that is in any manner connected to the Building's plumbing system) made in or upon the Premises, either by Landlord or Tenant, shall become Landlord's property at the end of the Lease, and shall remain on the Premises, without compensation to Tenant"Approved Plans."

Approval of Plans. All Tenant Improvements A. APPROVAL REQUIRED No improvement shall be completed pursuant erected, placed, altered, maintained or permitted to working remain on any land subject to this DECLARATION until final plans and specifications prepared showing the plot layout, all exterior elevations with materials and colors therefor, signs and landscaping shall have been submitted to and approved in writing by a duly registered architect employed by Tenant, at Tenant's sole expenseGRANTOR. Any deficiency in design or construction Such final plans and specifications shall be Tenant's sole responsibilitysubmitted in writing in duplicate over the authorized signature of the owner, regardless lessee, licensee or other occupant of whether the site or his authorized agent. Under no circumstances shall the GRANTOR approve metal-clad buildings of any type or design other than "curtain wall", or approve buildings covering more the 55% of the lot area. Changes in approved plans which materially affect building size, placement or external appearance must be similarly submitted to and approved by GRANTOR. B. BASIS FOR APPROVAL Approval shall be based, among other things, on adequacy of site dimensions (a minimum lot size of 20,000 square feet will be required), conformity and harmony of external design with neighboring structures, effect of location and use of proposed improvements on neighboring sites, the nature of improvements on neighboring sites and the types of operations and uses thereof, relation of topography, grade and finish ground elevation of the site being improved to that of neighboring sites, proper facing of main elevation with respect to nearby streets, adequacy of screening of mechanical air conditioning or other roof top installations, and conformity of the plans and specifications to the purpose and general plan and intent of this DECLARATION. No plans will be approved which do not provide for the underground installation of power lines from the lot line to buildings. GRANTOR shall not arbitrarily or unreasonably withhold its approval of such plans and specifications. C. RESULT OF INACTION If GRANTOR fails either to approve or disapprove such plans and specifications were previously within thirty (30) days after the same have been submitted to it, it shall be conclusively presumed that GRANTOR has approved by Landlord. Approval by Landlord of any of Tenant's drawings, plans, and specifications prepared in connection with any Tenant Improvements within the Premises shall not constitute a representation or warranty by Landlord as to the adequacy or sufficiency of such drawings, plans, and specifications, or the improvements to which they relate, for any use, purpose, or condition. Any such approval by Landlord shall merely be the consent of Landlord as required pursuant to this subparagraph. Landlord has made no representations as to the condition of the Premises, or the Building, or the need for Tenant to remodel, repair, or decorate. Prior to commencing the Tenant Improvements, Tenant shall submit plans and specifications for such Tenant Improvements to Landlord or its agent, for Landlord's written approval, which approval shall not unreasonably be withheld, and for which Landlord shall approve or disapprove within ten days of submission of said documents by Tenant to Landlord. Landlord's approval of said plans and specifications may be contingent upon the removal of any or all specifications; provided, however, that if within said thirty (30) day period, GRANTOR gives written notice of the Tenant Improvements from fact that a reasonable additional period is required for the Premises, and restoration approval of the Premises to the condition existing prior to completion of the Tenant Improvements upon the expiration or earlier termination of the Lease. All Tenant Improvements to be performed and completed by Tenant shall be performed in strict accordance with the approved plans and specifications. Without Landlord's prior written consent, no Tenant Improvements shall be constructed, nor shall there be any deviation from the approved such plans and specifications, there shall be no presumption that the same are approved until the expiration of the extended period set forth in said notice. D. PROCEEDING WITH WORK Upon receipt of approval from GRANTOR pursuant to this section the owner or lessee to whom the same is given shall as soon as practicable, satisfy all conditions thereof and diligently proceed with the commencement and completion of all approved construction, refinishing, alterations and excavations. In all cases work shall be commenced within one year from the date of such approval. If there is a failure to comply BOOK 8565 546 with this paragraph, then the approval given pursuant to this section shall be deemed revoked unless GRANTOR upon request made prior to the expiration of said one year period extends the time for commencing work. E. COMPLETION OF WORK In any event reconstruction, refinishing or alteration of any such improvement shall be completed within two years after the commencement thereof except for so long as such completion is rendered impossible or would result in great hardship due to strikes, fires, national emergencies, natural calamities or other supervening forces beyond the control of the owner, lessee, licensee or occupant or his agents. Failure to comply with this paragraph shall constitute a breach of the SAN TOMAS INDUSTRIAL PARK RESTRICTIONS xxx xubject the defaulting party or parties to all enforcement procedures set forth in this DECLARATION and any other remedies provided by law or in equity. F. ESTOPPEL CERTIFICATE Within thirty (30) days after written demand is delivered to the GRANTOR and upon payment of a reasonable fee (not to exceed $25.00) established by GRANTOR, there shall be recorded an estoppel certificate executed by GRANTOR and certifying that as of the date thereof either (a) all improvements made or other work done on or within a site complies with the SAN TOMAS INDUSTRIAL PARK RESTRICTIONS ox (x) such improvements or work do not so comply in which event the certificate shall identify the non-complying improvements or work and set forth with particularity the cause or causes for such Tenant Improvementsnon-compliance. Unless designated Any lessee, purchaser or encumbrancer in good faith for value shall be entitled to be removed rely on said certificate with respect to the matters set forth therein, such matters being conclusive as discussed in between the Lease, and excluding Tenant's trade fixtures, all Tenant Improvements (whether temporary or permanent in character, and including, but not limited to, all HVAC equipment GRANTOR and all other equipment that is such subsequent parties in interest. G. LIABILITY GRANTOR shall not be liable for any manner connected damage, loss or prejudice suffered or claimed on account of (a) the approval or disapproval of any plans, drawings and specifications whether or not defective; (b) the construction or performance of any work whether or not pursuant to approved plans, drawings and specifications; (c) the development of any property within the SAN TOMAS INDUSTRIAL PARK; or (d) the exxxxxion and filing of an estoppel certificate pursuant to the Building's plumbing system) made preceding paragraph whether or not the facts therein are correct, provided that GRANTOR has acted in or upon the Premises, either by Landlord or Tenant, good faith. H. REVIEW FEE An architectural review fee shall become Landlord's property be paid to GRANTOR at the end of the Lease, such time as plans and shall remain specifications are submitted for approval based on the Premisesfollowing schedule: (a) When the plans submitted are prepared by an architect, without compensation to Tenant.the architectural review fee shall be $100.00; (b) In all other cases the architectural review fee shall be $250.00

Approval of Plans. All Within one hundred twenty (120) days after execution of this Lease by both parties hereto, Tenant Improvements shall be completed pursuant prepare and deliver to working Landlord for its approval preliminary plans and specifications prepared for the Tenant Improvements. Landlord's approval shall not be unreasonably withheld and Landlord shall grant or withhold such approval within ten (10) days following Landlord's receipt of such preliminary plans and specifications. Landlord's failure to respond with such time period shall be deemed approval of such preliminary plans and specifications. The preliminary plans and specifications shall be accompanied by a duly registered architect employed by Tenant, at reasonably detailed written estimate from Tenant's sole expensecontractor(s) indicating the estimated cost of construction of the Tenant Improvements based upon best available information. Any deficiency Tenant acknowledges and agrees that Tenant has advised Landlord that the anticipated cost of the Tenant Improvements is approximately Fifteen Million Dollars ($15,000,000), and that construction of Tenant Improvements in design or construction the Building of such scope is a material consideration for Landlord's execution of this Lease. Therefore, Tenant agrees it shall be Tenant's sole responsibility, regardless of whether reasonable for Landlord to withhold its consent to such plans and specifications were previously if the scope of the Tenant Improvements is less than that anticipated by the parties at the time of execution of this Lease, provided, however, that Tenant shall have the right to construct the full scope of Tenant Improvements in phases, the timing and scope of which shall be determine by Tenant. The estimated cost of the Tenant Improvements for the purposes of this Paragraph 34.2(a) shall not include the cost of the equipment, fixtures and other personal property which Tenant intends to install in the premises, but shall include those items which comprise the Tenant Improvement Costs as set forth in Paragraph 34.1(c) above. Within sixty (60) days after Landlord's approval, Tenant shall prepare final plans, specifications and working drawings for the Tenant Improvements that are consistent with and are logical evolutions of the preliminary plans and specifications approved by Landlord. Approval As soon as the final plans, specifications and working drawings are completed, Tenant shall deliver the same to Landlord for its approval, which shall not be unreasonably withheld and which shall be granted or withheld by Landlord within ten (10) days of Landlord's receipt of the final plans, specifications and working drawings. Landlord's failure to respond within such time period shall be deemed approval of such final plans, specifications and working drawings. In all events, the parties shall use their best efforts to reach agreement so that such plans may be submitted for governmental approval as soon as reasonably practicable. Landlord and Tenant shall indicate their approval thereof by initialing and dating the same and a copy of the final Tenant Improvement plans shall be attached hereto as a supplement to Exhibit "A" and shall become a part hereof. Tenant shall submit such final plans, specifications and working drawings to all appropriate governmental agencies for approval. Tenant will notify Landlord of any of Tenant's drawings, planschanges required by any governmental agencies, and specifications prepared in connection with any Tenant Improvements within all such changes shall be deemed acceptable to Landlord unless the Premises shall not constitute a representation exterior, structural portions or warranty by Landlord as to the adequacy or sufficiency of such drawings, plans, and specifications, or the improvements to which they relate, for any use, purpose, or condition. Any such approval by Landlord shall merely be the consent of Landlord as required pursuant to this subparagraph. Landlord has made no representations as to the condition operating systems of the PremisesBuilding are substantially affected by such changes, or the Building, or the need for Tenant in which event such changes shall be subject to remodel, repair, or decorate. Prior to commencing the Tenant Improvements, Tenant shall submit plans and specifications for such Tenant Improvements to Landlord or its agent, for Landlord's written reasonable approval, which approval shall not unreasonably be withheld, and for which Landlord shall approve granted or disapprove within withheld with ten (10) days of submission Landlord's receipt of said documents by Tenant to Landlordsuch changes. Landlord's failure to respond within such period shall be deemed approval of said plans such changes. The final plans, specifications and specifications may be contingent upon the removal of any or all of the Tenant Improvements from the Premisesworking drawings as approved, and restoration of the Premises all change orders specifically permitted pursuant to the condition existing prior to completion of the Tenant Improvements upon the expiration or earlier termination of the Lease. All Tenant Improvements to be performed and completed by Tenant Paragraph 34.2(c) below, shall be performed in strict accordance with referred to herein as the approved plans and specifications. Without Landlord's prior written consent, no Tenant Improvements shall be constructed, nor shall there be any deviation from the approved plans and specifications, for such Tenant Improvements. Unless designated to be removed as discussed in the Lease, and excluding Tenant's trade fixtures, all Tenant Improvements (whether temporary or permanent in character, and including, but not limited to, all HVAC equipment and all other equipment that is in any manner connected to the Building's plumbing system) made in or upon the Premises, either by Landlord or Tenant, shall become Landlord's property at the end of the Lease, and shall remain on the Premises, without compensation to Tenant"Approved Plans."

Approval of Plans. All Tenant Improvements Nothing shall be completed pursuant done by the Tenant in furtherance of any portion of the Work unless and until the Landlord's Representative has approved all of the Plans associated with that portion of the Work. Landlord's Representative will not unreasonably withhold condition or delay its approval of the preliminary Plans or the construction Plans. If Landlord's Representative does not approve or respond with comments to working plans any submission by Tenant of the preliminary Plans or construction Plans or any revisions thereof within seven (7) business days after receiving the same, Landlord's Representative will be deemed to have approved such preliminary Plans or construction Plans as submitted by Tenant. Any disapproval or conditional approval by Landlord's Representative of any proposed preliminary Plans or construction Plans will be accompanied by written reasons for such disapproval or conditional approval. In the event either Party provides written notice of objection to the preliminary Plans or the construction Plans, then Landlord, Tenant, their Representatives and specifications prepared the Architect shall cooperate as necessary to reach agreement regarding any outstanding changes. The Architect shall prepare a revised draft of the preliminary Plans or the construction Plans, as the case may be, as soon as reasonably possible and submit a revised draft thereof to Landlord's Representative and Tenant's Representative for approval. The same procedures and deadlines for review and approval by Landlord's Representative and Tenant's Representative shall apply to the revised draft. After approval by Landlord's Representative of the construction Plans, Tenant's Representative shall submit the drawings to the appropriate governmental authority for plan review and issuance of a duly registered architect employed building permit and any other applicable governmental approvals. All permit and processing fees shall be paid by Tenant, subject to reimbursement from the Tenant Improvement Allowances. Landlord will provide at Tenant's sole expense. Any deficiency in design or construction shall be Tenant's sole responsibility, regardless of whether such plans and specifications were previously approved by Landlord. Approval by Landlord of any of Tenant's drawings, plans, and specifications prepared in connection with any Tenant Improvements within the Premises shall not constitute a representation or warranty by Landlord as to the adequacy or sufficiency of such drawings, plans, and specifications, or the improvements to which they relate, for any use, purpose, or condition. Any such approval by Landlord shall merely be the consent of Landlord as required pursuant to this subparagraph. Landlord has made no representations as to the condition of the Premises, or the Building, or the need for Tenant to remodel, repair, or decorate. Prior to commencing the Tenant Improvements, Tenant shall submit plans and specifications for such Tenant Improvements to Landlord or its agent, for Landlord's written approval, which approval shall not unreasonably be withheld, and for which Landlord shall approve or disapprove within ten days of submission of said documents expense all assistance reasonably requested by Tenant to Landlord. Landlord's approval of said plans obtain proper permits and specifications may be contingent upon the removal of any or all of the Tenant Improvements from the Premises, and restoration of the Premises to the condition existing prior to completion of the Tenant Improvements upon the expiration or earlier termination of the Lease. All Tenant Improvements to be performed and completed by Tenant shall be performed in strict accordance with the approved plans and specifications. Without Landlord's prior written consent, no Tenant Improvements shall be constructed, nor shall there be any deviation from the approved plans and specifications, for such Tenant Improvements. Unless designated to be removed as discussed in the Lease, and excluding Tenant's trade fixtures, all Tenant Improvements (whether temporary or permanent in character, and including, but not limited to, all HVAC equipment and all other equipment that is in any manner connected to the Building's plumbing system) made in or upon the Premises, either by Landlord or Tenant, shall become Landlord's property at the end of the Lease, and shall remain on the Premises, without compensation to Tenantapprovals.