Common use of Approval of Tenant Improvement Plans Clause in Contracts

Approval of Tenant Improvement Plans. Within seven (7) days after receipt of a full and complete set of the Tenant Improvement Plans from Tenant, Landlord will either approve or disapprove the Tenant Improvement Plans; provided, Landlord’s approval shall not be unreasonably withheld, conditioned or delayed. If Landlord disapproves of any element of the Tenant Improvement Plans, then Landlord will notify Tenant in writing of any required changes thereto, and Tenant will use commercially reasonable efforts to promptly incorporate Landlord’s proposed changes into the Tenant Improvement Plans and redeliver it, as revised, to Landlord. If (i) Tenant notifies Landlord that Tenant cannot, after using commercially reasonable efforts, incorporate some or all of Landlord’s requested changes to the Tenant Improvement Plans, or (ii) Tenant incompletely or inaccurately incorporates the changes into the Tenant Improvement Plans, then Landlord and Tenant and their respective contractors, engineers, and/or architects shall meet and work in good faith to attempt to reach a resolution and agreement on the necessary changes to be incorporated into the Tenant Improvement Plans. Landlord’s approval of the Tenant Improvement Plans shall not be deemed a warranty by Landlord that the Tenant Improvement Plans comply with applicable law or are correctly engineered. Landlord and Tenant will attempt to agree on any and all final changes to be incorporated into the Tenant Improvement Plans within five (5) days of Landlord’s receipt of the revised Tenant Improvement Plans or notice from Tenant that Tenant cannot, after using commercially reasonable efforts, incorporate some or all of Landlord’s requested changes. Once Landlord and Tenant have approved the Tenant Improvement Plans, Landlord and Tenant will execute a Certificate of Approval in the form attached hereto as Exhibit “C” and thereafter no changes may be made to the Landlord Improvement Plans, except as may be required by applicable law. Once final Tenant Improvement Plans have been prepared and completed, Tenant will deliver to Landlord, at Landlord’s expense, two (2) full and complete sets of reproducible drawings, plans and specifications, documents, construction standards, and any other information and materials related to the Tenant Improvement Plans.

Approval of Tenant Improvement Plans. Landlord will contribute $.15 per rentable square foot toward Tenant’s space planning costs, which contribution is not deducted from the Tenant Improvement Allowance. Within seven (7) days after receipt of a full and complete set of the Tenant Improvement Plans from Tenant, Landlord will either approve or disapprove the Tenant Improvement Plans; provided, Landlord’s approval shall not be unreasonably withheld, conditioned or delayed. If Landlord disapproves of any element of the Tenant Improvement Plans, then Landlord will notify Tenant in writing of any required changes thereto, and Tenant will use commercially reasonable efforts to promptly incorporate Landlord’s proposed changes into the Tenant Improvement Plans and redeliver it, as revised, to Landlord. If the (i) Tenant notifies Landlord that Tenant cannot, after using commercially reasonable efforts, incorporate some or all of Landlord’s requested changes to the Tenant Improvement Plans, or (ii) Tenant incompletely or inaccurately incorporates the changes into the Tenant Improvement Plans, then Landlord and Tenant and their respective contractors, engineers, and/or architects shall meet and work in good faith to attempt to reach a resolution and agreement on the necessary changes to be incorporated into the Tenant Improvement Plans. Landlord’s approval of the Tenant Improvement Plans shall not be deemed a warranty by Landlord that the Tenant Improvement Plans comply with applicable law or are correctly engineered. Landlord and Tenant will attempt to agree on any and all final changes to be incorporated into the Tenant Improvement Plans within five (5) days of Landlord’s receipt of the revised Tenant Improvement Plans or notice from Tenant that Tenant cannot, after using commercially reasonable efforts, incorporate some or all of Landlord’s requested changes. Once Landlord and Tenant have approved the Tenant Improvement Plans, Landlord and Tenant will execute a Certificate of Approval in the form attached hereto as Exhibit “C” and thereafter no changes may be made to the Landlord Tenant Improvement Plans, except as may be required by applicable law. Once final Tenant Improvement Plans have been prepared and completed, Tenant will deliver to Landlord, at Landlord’s expense, two (2) full and complete sets of reproducible drawings, plans and specifications, documents, construction standards, and any other information and materials related to the Tenant Improvement Plans.

Approval of Tenant Improvement Plans. Within seven fourteen (714) days after receipt of a full and complete set of the Tenant Improvement Plans from Tenant, Landlord will either approve or disapprove the Tenant Improvement Plans; provided, Landlord’s approval shall not be unreasonably withheld, conditioned or delayed. If Landlord disapproves of any element of the Tenant Improvement Plans, then Landlord will notify Tenant in writing of any required changes thereto, and Tenant will use commercially reasonable efforts to promptly incorporate Landlord’s proposed changes into the Tenant Improvement Plans and redeliver it, as revised, to Landlord. If (i) Tenant notifies Landlord that Tenant cannot, after using commercially reasonable efforts, incorporate some or all of Landlord’s requested changes to the Tenant Improvement Plans, or (ii) Tenant incompletely or inaccurately incorporates the changes into the Tenant Improvement Plans, then Landlord and Tenant and their respective contractors, engineers, and/or architects shall meet and work in good faith to attempt to reach a resolution and agreement on the necessary changes to be incorporated into the Tenant Improvement Plans. Landlord’s approval of the Tenant Improvement Plans shall not be deemed a warranty by Landlord that the Tenant Improvement Plans comply with applicable law or are correctly engineered. Landlord and Tenant will attempt to agree on any and all final changes to be incorporated into the Tenant Improvement Plans within five (5) days of Landlord’s receipt of the revised Tenant Improvement Plans or notice from Tenant that Tenant cannot, after using commercially reasonable efforts, incorporate some or all of Landlord’s requested changes. If Landlord and Tenant are unable to reach a final resolution and agreement as to the Tenant Improvement Plans within the aforementioned five (5) day negotiation period, then upon notice to the other party, each of Landlord and Tenant will have the right to elect to submit to mediation or binding arbitration the issue of whether the revisions requested by Landlord which Tenant has failed or refused to incorporate are inconsistent with the Landlord’s Improvement Plans, which mediation or arbitration shall be required to be completed within thirty (30) days of the date submitted. If the aforementioned issues are submitted to mediation, then Landlord and Tenant shall be responsible for their own costs and expenses (including attorneys’ fees) and agree to split equally the mediator’s costs and expenses. If the aforementioned issues are submitted to binding arbitration, the party that the arbitrator determines is the prevailing party shall be entitled to reimbursement of all costs and expenses associated with arbitration, including reasonable attorneys’ fees. If the revisions requested by Landlord are found to be consistent with Applicable Laws and the Landlord Improvement Plans, Tenant will promptly modify the Tenant Improvement Plans so as to incorporate all of Landlord’s requested revisions. The mediation or arbitration proceeding will proceed and in the event that the mediator or arbitrator ultimately determines that the revisions requested by Landlord are inconsistent with Applicable Laws or the Landlord Improvement Plans, Tenant will not be required to make such changes. Once Landlord and Tenant have approved the Tenant Improvement Plans, Landlord and Tenant will execute a Certificate of Approval in the form attached hereto as Exhibit “C” and thereafter no changes may be made to the Landlord Tenant Improvement Plans, except as may be required by applicable law. Once final Tenant Improvement Plans have been prepared and completed, Tenant will deliver to Landlord, at LandlordTenant’s expense, two (2) full and complete sets of reproducible drawings, plans and specifications, documents, construction standards, and any other information and materials related to the Tenant Improvement Plans.

Approval of Tenant Improvement Plans. Within seven (7) days after receipt 1.6.1 The design, quality of a full materials and complete set of installations undertaken in the Premises under the Tenant Improvement Plans from Tenantshall be subject to the reasonable prior approval of Landlord and, if applicable, Landlord's lender, and shall conform to and meet all applicable city, county, state and federal building codes and regulations and shall meet or exceed all guidelines, standards and recommendations prepared and issued by all other government authorities having jurisdiction over or other control of, the development and use of laboratory and office space of the type to be constructed within the Premises. 1.6.2 Landlord will either shall review and approve or disapprove the Tenant Improvement Plans in writing within ten (10) business days after Landlord's receipt of such documents from the Architect. Landlord shall be responsible, at its sole expense, for the cost of reviewing such Tenant Improvement Plans; provided, Landlord’s approval shall not be unreasonably withheld, conditioned or delayed. If Landlord disapproves of any element portion of the Tenant Improvement Plans, then Landlord will notify Tenant shall specifically (a) approve those portions which are acceptable to Landlord and (b) disapprove those portions which are not acceptable to Landlord, specifying the reasons for such disapproval and describing in writing of any required changes thereto, detail the change Landlord requests for each item disapproved. 1.6.3 Landlord shall review and Tenant will use commercially reasonable efforts to promptly incorporate Landlord’s proposed changes into approve or disapprove the Tenant Improvement Plans for conformance with provisions contained within this Work Letter and redeliver itthe Lease. Where final Tenant Improvement Plans conflict with this Work Letter or the Lease, as revisedthe provisions of the Landlord-approved Tenant Improvement Plans shall prevail. 1.6.4 Any subsequent changes, to Landlord. If (i) Tenant notifies Landlord that Tenant cannot, after using commercially reasonable efforts, incorporate some modifications or all of Landlord’s requested changes alterations to the Tenant Improvement Plans, or (ii) Tenant incompletely or inaccurately incorporates the changes into the Tenant Improvement Plans, then Landlord and Tenant and their respective contractors, engineers, and/or architects shall meet and work in good faith to attempt to reach a resolution and agreement on the necessary changes to be incorporated into the Tenant Improvement Plans. Plans following Landlord’s 's initial approval of the Tenant Improvement Plans (other than as provided in Section 1.7 below) shall not be deemed a warranty by Landlord that the Tenant Improvement Plans comply with applicable law or are correctly engineered. Landlord and Tenant will attempt to agree on any and all final changes to be incorporated into the Tenant Improvement Plans within five (5) days of Landlord’s receipt of the revised Tenant Improvement Plans or notice from Tenant that Tenant cannot, after using commercially reasonable efforts, incorporate some or all of Landlord’s requested changes. Once Landlord and Tenant have approved the Tenant Improvement Plans, Landlord and Tenant will execute a Certificate of Approval processed in the form attached hereto as Exhibit “C” and thereafter no changes may be made to the Landlord Improvement Plans, except as may be required by applicable law. Once final Tenant Improvement Plans have been prepared and completed, Tenant will deliver to Landlord, at Landlord’s expense, two (2) full and complete sets manner provided in Section 19 of reproducible drawings, plans and specifications, documents, construction standards, and any other information and materials related to the Tenant Improvement Plansthis Work Letter.