Common use of Approval of Tenant’s Plans Clause in Contracts

Approval of Tenant’s Plans. Landlord acknowledges and agrees that in addition to the Office Improvements, Tenant will be constructing certain other improvements to the warehouse portion of the Premises (the “Warehouse Improvements”, the Office Improvements and the Warehouse Improvements are sometimes hereinafter referred to collectively as the “Tenant Improvements”). Prior to commencing any Tenant Improvements work at the Premises, Tenant shall provide Landlord with working plans for the Tenant Improvements (the “Plans”). The Plans shall be subject to the reasonable approval of Landlord, which approval Landlord will not unreasonably withhold or delay. Landlord shall have five (5) business days from receipt of the Plans to review and approve the Plans or state any objections in writing. The failure of the Landlord to respond within the five (5) business day period shall be deemed approval of the Plans. Any objections made by Landlord shall be reasonable in nature and stated in sufficient detail so as to allow the necessary modifications by Tenant. If necessary, the Plans, as modified by the Tenant shall be re-submitted to Landlord within five (5) business days after Tenant’s receipt of the Plans with Landlord’s objections. Upon Landlord’s receipt of the Plans as modified, Landlord shall have three (3) business days within which to return the Plans to Tenant with any new objections, which shall be reasonable in nature and stated in sufficient details so as to allow the necessary modifications by the Tenant. The Plans, as modified by the Tenant, shall be re-submitted to Landlord within five (5) business days after Tenant’s receipt of the Plans with Landlord’s latest objections. This process shall be repeated until the Plans have been finally approved by Landlord and Tenant; provided, however that Landlord and Tenant agree to work together in a commercially reasonable manner so as to finally approve the Plans by no later than December 31, 2007. Any changes to the Plans shall be subject to the reasonable approval of Landlord, which approval Landlord will not unreasonably withhold or delay. Landlord’s approval of the changes may be based upon whether the changes: (i) affect or are not consistent with the base structural components or systems of the Building, (ii) are visible from outside the Premises, (iii) affect safety, (iv) have or could have the effect of increasing Operating Expenses, or (v) in Landlord’s reasonable judgment, are not consistent with quality and character of the Park. Landlord and Tenant shall follow the same process as provided in this Section 2 for approval of any changes to the Plans until the change to the Plans has been finally approved by Landlord.

Approval of Tenant’s Plans. Landlord acknowledges and agrees that in addition to the Office Improvements, Tenant will be constructing certain other improvements to the warehouse portion of the Premises (the “Warehouse Improvements”, the Office Improvements and the Warehouse Improvements are sometimes hereinafter referred to collectively as the “Tenant Improvements”). Prior to commencing any Tenant Improvements work at the Premises, Tenant shall provide Landlord with working plans for the Tenant Improvements (the “Plans”). The Tenant’s Plans shall be subject to Landlord’s prior written approval and subject to any required approvals of the reasonable approval City of LandlordAustin, which approval Texas (the “City”). All costs incurred in obtaining any required approvals from the City shall be paid by Tenant, except for any additional costs incurred by reason of failure of the Shell Improvements to comply with law or conform to Exhibit B-1. The final plans and specifications approved by Landlord and the City are referred to in this Exhibit B as the “Final Plans”. Notwithstanding any provision herein to the contrary, Landlord agrees that: (a) Landlord will not unreasonably withhold withhold, delay or delay. Landlord shall have five (5) business days from receipt of the Plans to review and approve the Plans or state any objections in writing. The failure of the Landlord to respond within the five (5) business day period shall be deemed condition Landlord’s approval of the Plans. Any objections made by Landlord shall be reasonable in nature and stated in sufficient detail so as to allow the necessary modifications by Tenant. If necessary, the Plans, as modified by the Tenant shall be re-submitted to Landlord within five (5) business days after Tenant’s receipt of the Plans with Landlord’s objections. Upon Landlord’s receipt of the Plans as modifiedPlans; and (b) Landlord shall, Landlord shall have within three (3) business days within after Landlord’s receipt of the Tenant’s Plans, provide Tenant with: (i) a written approval of Tenant’s Plans; (ii) a written conditional approval of Tenant’s Plans, which specifically lists all of the conditions to return Landlord’s approval and which specifically describes all actions which must be taken on the part of Tenant to satisfy such conditions; or (iii) a written denial of the requested approval of Tenant’s Plans which specifically lists Landlord’s reasons for such denial and which specifically describes any actions which must be taken by Tenant in order to obtain Landlord’s approval of Tenant’s Plans. If Landlord fails to deliver a written response to Tenant with any new objections, which shall be reasonable in nature and stated in sufficient details so as to allow the necessary modifications by the Tenant. The Plans, as modified by the Tenant, shall be re-submitted to Landlord within five three (53) business days after TenantLandlord’s receipt of the Plans with LandlordTenant’s latest objections. This process shall be repeated until the Plans have been finally approved by Landlord and Tenant; providedPlans, however that Landlord and Tenant agree to work together in a commercially reasonable manner so as to finally approve the Plans by no later than December 31, 2007. Any changes to the Plans shall be subject to the reasonable approval of Landlord, which approval then Landlord will not unreasonably withhold or delay. Landlordbe deemed to have approved the Tenant’s approval of the changes may be based upon whether the changes: (i) affect or are not consistent with the base structural components or systems of the Building, (ii) are visible from outside the Premises, (iii) affect safety, (iv) have or could have the effect of increasing Operating Expenses, or (v) in Landlord’s reasonable judgment, are not consistent with quality and character of the Park. Landlord and Tenant shall follow the same process as provided in this Section 2 for approval of any changes to the Plans until the change to the Plans has been finally approved by LandlordPlans.

Approval of Tenant’s Plans. Landlord acknowledges and agrees that in addition to the Office Improvements, Tenant will be constructing certain other improvements to the warehouse portion of the Premises (the “Warehouse Improvements”, the Office Improvements and the Warehouse Improvements are sometimes hereinafter referred to collectively as the “Tenant Improvements”). Prior to commencing any Tenant Improvements work at on the PremisesRenovation Improvements, Tenant shall provide Landlord with working plans for the Tenant Renovation Improvements (the “Plans”). The Plans shall be subject to the reasonable approval of Landlord, which approval Landlord will not unreasonably withhold or delay. Landlord shall have five ten (510) business days from receipt of the Plans to review and approve the Plans or state any objections in writing. The failure of the Landlord to respond within the five ten (510) business day period shall be deemed approval of the Plans. Any objections made by Landlord shall be reasonable in nature and stated in sufficient detail so as to allow the necessary modifications by Tenant. If necessary, the Plans, as modified by the Tenant Tenant, shall be re-submitted to Landlord within five (5) business days after Tenant’s receipt of the Plans from Landlord with Landlord’s objections. Upon Landlord’s receipt of the Plans as modified, Landlord shall have three five (35) business days within which to return the Plans to Tenant with any new objections, which shall be reasonable in nature and stated in sufficient details detail so as to allow the necessary modifications by the Tenant. The Plans, as modified by the Tenant, shall be re-submitted to Landlord within five (5) business days after Tenant’s receipt of the Plans with Landlord’s latest objections. This process shall be repeated until the Plans have been finally approved by Landlord and Tenant; provided, however that Landlord and Tenant agree to work together in a commercially reasonable manner so as to finally approve the Plans by no later than December 31, 2007Plans. Any material changes to the Plans as approved by Landlord and Tenant shall be subject to the reasonable approval of Landlord, in Landlord’s sole but reasonable discretion, which approval Landlord will not unreasonably withhold or delay. Landlord’s approval of the changes may be based upon whether the changes: (i) affect or are not consistent with the base structural components or systems of the Building, (ii) are visible from outside the Premises, (iii) affect safety, (iv) have or could have the effect of increasing Operating Expenses, or (v) in Landlord’s reasonable judgment, are not consistent with the quality and character of the Park. Additionally, in the event the improvements reflected in such changes will not, in 4 Landlord’s reasonable judgment, have any intrinsic value after the expiration of the Term of the Lease, Landlord may withhold approval of such changes or may condition approval upon Tenant agreeing to remove any such improvements and restore the Premises to the condition existing prior to installation of such improvements, with all costs of removal, repair, restoration, or alterations to be borne by Tenant. Landlord and Tenant shall follow the same process as provided in this Section 2 subsection b. for approval of any changes to the Plans until the change to the Plans has been finally approved by Landlord.