Common use of Approved Plans Clause in Contracts

Approved Plans. Subject to and upon the conditions hereinafter set forth, Landlord agrees to construct or cause to be constructed at the Complex, Landlord's Work substantially in accordance with NMPSFA requirements described on Schedule I attached hereto ("NMPSFA Requirements") and the preliminary plans and specifications described on Schedule II attached hereto (the "Preliminary Plans"). School has reviewed and hereby approves the Preliminary Plans. Within ( ) days after the Effective Date, Landlord shall provide School a copy of the final plans and specifications based on the Preliminary Plans ("Final Plans"). School shall have thirty (30) days after receipt of the Final Plans to reasonably approve or disapprove of same by providing written notice thereof to Landlord. If School disapproves of the Final Plans, Landlord shall have ten (10) days after the receipt of the disapproval to agree to cure all objections of School, or Landlord shall provide written notice to School that it elects not to cure some or all of School's objections to the Final Plans. Thereafter, School shall have ten (10) days after the receipt of Landlord's election not to cure all of School's objections to waive the failure to cure and approve the Final Plans, with any modifications Landlord has approved, or to terminate this Lease. If this Lease is terminated pursuant to this Section I, all Prepaid Rent and the Security Deposit shall be returned by Landlord to School, and neither party shall have any further obligations under the terms of this Lease, except as to those matters which specifically survive termination. The Final Plans, as the same may be modified pursuant to this Section I, shall be the "Approved Plans". Landlord shall provide School with an "as built" set of plans for the Landlord's Work within thirty (30) days after the Term Commencement Date.

Approved Plans. Subject to Plans and upon specifications of Xxxxxxxx X. Xxxxx, P.E., P.C., entitled “ Dutchess County Water & Wastewater Authority, Peach Road Extension, Town of Poughkeepsie/Town of Hyde Park, Dutchess County, New York” dated September 20, 2020, last revised August 1, 2023, as approved by Xxxxx X. Xxxxxxx, Treatment Plant Administrator, showing facilities for supplying the conditions hereinafter set forth, Landlord agrees to construct or cause Service Area including the facilities to be constructed at theat the Complexdownstream of the Delivery Point including meter, Landlord's Work substantially in accordance with NMPSFA requirements described on Schedule I attached hereto ("NMPSFA Requirements") appurtenant structures, and connecting pipelines; said plans , that were approved by the Water Plant Administrator, and the preliminary Town of Poughkeepsie Water Department, and the Dutchess County Department of Community and Behavioral Health.. The Approved Plans shall be appended toas an Addendum to this Agreement, whereby they shall be made a part hereof and incorporated herein by reference. Delivery Point: The location within the Town of Poughkeepsie (the “Town”) at the terminus of where the existing Town 8” water main owed by the Town located on the northerly sidein the right of way of Peach Road near the boundary of the Town and the Town of Hyde Park, abutting 00 Xxxxx Xxxx. which shall houseThe Buyer shall construct the valves, meters, pipespipes, and other appurtenant structures, as describedshown on in the Approved Plans, to make a connection to the Delivery Point. the shall be used to connect the water main connected to a water line to be constructed by the Authority to provide water to the customers of the Peach Road Water System. Drawings, plans and specifications described on Schedule II attached hereto (for the "Preliminary Plans"). School has reviewed and hereby approves the Preliminary Plans. Within ( ) days after the Effective Date, Landlord shall provide School a copy of the final plans and specifications based on the Preliminary Plans ("Final Plans"). School shall have thirty (30) days after receipt of the Final Plans to reasonably approve or disapprove of same by providing written notice thereof to Landlord. If School disapproves of the Final Plans, Landlord shall have ten (10) days after the receipt of the disapproval to agree to cure all objections of School, or Landlord shall provide written notice to School that it elects not to cure some or all of School's objections to the Final Plans. Thereafter, School shall have ten (10) days after the receipt of Landlord's election not to cure all of School's objections to waive the failure to cure and approve the Final Plans, with any modifications Landlord has approved, or to terminate this Lease. If this Lease is terminated pursuant to this Section I, all Prepaid Rent and the Security Deposit Delivery Point shall be returned provided by Landlord the Authority to SchoolXxxxx X. Xxxxxxx, Treatment Plant Administrator, for approval, and neither party shall have any further obligations under the terms of this Lease, except as to those matters which specifically survive termination. The Final Plans, as the same may be modified pursuant to this Section Ionce approved, shall be deemed the "Approved Plans". Landlord The Approved Plans shall provide School with be appended to an "as built" set of plans for the Landlord's Work within thirty (30) days after the Term Commencement DateAddendum to this Agreement, whereby they shall be made a part hereof and incorporated herein by reference.

Approved Plans. Subject The City shall have the right to Approve, in its sole discretion, (x) any substantial deviation of the Project from the Approved Plans therefor and upon (y) any Prohibited Project Changes. Notwithstanding any confirmation or Approval provided pursuant to Section 2.2 or this Section 2.3, Developer shall be solely responsible for obtaining all required final, non-appealable Governmental Approvals as more fully set forth in this Article II and in Article III of this Agreement. Any Approval of the conditions hereinafter set forthApproved Plans or any component thereof by the City shall be for its own benefit in its proprietary capacity as the owner of the Land and shall not be deemed to mean, Landlord agrees to construct or cause to be constructed at the Complex, Landlord's Work substantially in accordance with NMPSFA requirements described on Schedule I attached hereto ("NMPSFA Requirements") and the preliminary plans City, in such proprietary capacity, makes no representation, that such Approved Plans comply with all applicable Governmental Approvals and specifications described on Schedule II attached hereto Governmental Requirements. (a) Developer shall submit to the "Preliminary Plans")City Manager, prior to Commencement of Construction, any proposed modification to the Approved Plans for the City Manager’s determination of whether such modifications include any substantial deviation of the Project from the Approved Plans therefor or Prohibited Project Changes. School has reviewed Modifications to the Approved Plans shall be indicated by “ballooning,” highlighting, blacklining or describing such modifications in writing in reasonable detail in an accompanying memorandum. The City shall not be responsible for, and hereby approves shall not be deemed to have Approved, any modification to the Preliminary Plans. Within ( Approved Plans that is not indicated as required by this Section 2.3; provided, however, if, within sixty (60) days after providing its Approval, the Effective DateCity does not raise any objection as a result of Developer’s failure to include indications as required by this Section 2.3, Landlord then the City will be deemed to have waived its right to object to such modifications for failure to include such indications. (b) Within twenty-one (21) days of receipt of any proposed modifications to the Approved Plans, the City Manager shall provide School a copy notify Developer, in writing, that he Approves such modifications, or the basis for any disapproval of any substantial deviation of the final plans and specifications based on Project from the Preliminary Approved Plans therefor or Prohibited Project Change; provided, however, that the City shall not disapprove any material modification necessitated by Governmental Requirements. City’s failure to notify Developer of any disapproval within such twenty-one ("Final Plans"). School 21) day period shall have thirty (30) days after receipt be deemed to constitute the City’s conclusive Approval of the Final proposed modifications to the Approved Plans. The Approved Plans, as amended by such Approved modifications, shall thereafter be the Approved Plans referred to reasonably approve or disapprove of same by providing written notice thereof to Landlord. herein. (c) If School the City disapproves of the Final Plans, Landlord shall have ten (10) days after the receipt of the disapproval to agree to cure all objections of School, or Landlord shall provide written notice to School that it elects not to cure some or all of School's objections to the Final Plans. Thereafter, School shall have ten (10) days after the receipt of Landlord's election not to cure all of School's objections to waive the failure to cure and approve the Final Plans, with any modifications Landlord has approved, or to terminate this Lease. If this Lease is terminated modification pursuant to this Section I2.3, all Prepaid Rent and the Security Deposit shall be returned by Landlord then Developer shall, at its election, either (x) submit City’s disapproval to School, and neither party shall have any further obligations under the terms expedited arbitration pursuant to Section 7.9 of this LeaseAgreement, except as to those matters which specifically survive termination. The Final Plans, as the same may be modified pursuant to this Section I, shall be the "Approved Plans". Landlord shall provide School with an "as built" set of plans for the Landlord's Work or (y) within thirty (30) days after receiving the Term Commencement DateCity’s disapproval notice, submit revised proposed modifications to the Approved Plans for City’s review and Approval as provided in this Section 2.3, provided that the time period for approval or disapproval shall be fifteen (15) days. (d) At any time during the design development phase of the Project, Developer may (but shall not be required to) submit to the City Manager any proposed modifications to the Approved Plans for City’s review and Approval pursuant to this Section 2.3, so as to mitigate or avoid any potential delays to the progress of the Work as a result of disputes regarding the final proposed Approved Plans.

Approved Plans. Subject Sublessor shall submit to Sublessee any changes to the Space Plans required by any governmental official or body as a condition for the issuance of building and/or occupancy permits. If required for any requisite approval by Prime Lessor and/or its Lender and/or any governmental permit or approval, Sublessor shall prepare, at Sublessor’s sole cost and upon the conditions hereinafter expense, and submit to Sublessee a set forth, Landlord agrees to construct or cause to be constructed at the Complex, Landlord's Work substantially in accordance with NMPSFA requirements described on Schedule I attached hereto ("NMPSFA Requirements") and the preliminary of more detailed plans and specifications described and/or construction drawings, including without limitation, if and to the extent required, a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings in a form which is complete to allow subcontractors to bid on Schedule II attached hereto the work and to obtain all applicable permits (collectively, the "Preliminary Plans"). School has reviewed “Plans and hereby approves Specifications”) for the Preliminary Plans. Within ( ) days after the Effective DateSublessor’s Work, Landlord shall provide School a copy of the final plans and specifications based on the Preliminary Space Plan. Such Plans ("Final Plans")and Specifications will show, without limitation, each of the items described in the Space Plan. School Sublessee shall have thirty five (305) business days after receipt of the Final any such Plans and Specifications in which to reasonably approve or disapprove of same by providing review and to give to Sublessor written notice thereof of Sublessee’s approval of the same or its requested changes to Landlordthe Plans and Specifications. If School disapproves of Sublessee requests any changes to the Final PlansSpace Plan and/or the Plans and Specifications, Landlord Sublessor shall have make those changes which are reasonably requested by Sublessee and shall within ten (10) days after the of Sublessor’s receipt of such request submit the disapproval revised portion of the Space Plan and/or the Plans and Specifications to agree Sublessee for its review and approval. Sublessor shall use reasonable speed and diligence to cure “Substantially Complete” (as hereinafter defined) the Sublessor’s Work in accordance with the Space Plan and any other Plans and Specifications approved by Sublessee (the “Approved Plans”); in first class condition at Sublessor’s sole cost and expense, (including, without limitation, the cost of all objections engineering, permits, licenses and fees of Schoolany governmental authority, the cost of any changes in the base, shell or Landlord shall provide written notice to School that it elects not to cure some core of the Subject Building when such changes are required by the Space Plan and the other Approved Plans or all are otherwise required by law as a result of School's objections the construction of the Sublessor’s Work, the cost of any changes to the Final Plans. Thereafter, School shall have ten (10) days after the receipt of Landlord's election not to cure all of School's objections to waive the failure to cure and approve the Final Plans, with Sublessor’s Work required by applicable building code or any modifications Landlord has approved, or to terminate this Lease. If this Lease is terminated pursuant to this Section I, all Prepaid Rent other Governmental Requirement; and the Security Deposit shall be returned by Landlord to Schoolsales and use taxes and Title 24 fees), and neither party shall have any further obligations under deliver possession of the terms First Phase of this Lease, except as the Subleased Premises to those matters Sublessee in the Required Condition on or before a date which specifically survive termination. The Final Plans, as is twenty-five (25) calendar days following the same may be modified pursuant to this Section I, shall be the "Approved Plans". Landlord shall provide School with an "as built" set of plans for the Landlord's Work within thirty (30) days after the Term Commencement Effective Date.

Approved Plans. Subject to and upon the conditions hereinafter set forth, Landlord agrees to construct or cause to be constructed at on the ComplexLand, Landlord's Work substantially in accordance with NMPSFA requirements described on Schedule I attached hereto ("NMPSFA Requirements") and the preliminary plans and specifications described on Schedule II attached hereto (the "Preliminary Plans"). School has reviewed and hereby approves the Preliminary Plans. Within ( ) days after the Effective Date, Landlord shall provide School a copy of the final plans and specifications based on the Preliminary Plans ("Final Plans"). School shall have thirty (30) days after receipt of the Final Plans to reasonably approve or disapprove of same by providing written notice thereof to Landlord. If School disapproves of the Final Plans, Landlord shall have ten (10) days after the receipt of the disapproval to agree to cure all objections of School, or Landlord shall provide written notice to School that it elects not to cure some or all of School's objections to the Final Plans. Thereafter, School shall have ten (10) days after the receipt of Landlord's election not to cure all of School's objections to waive the failure to cure and approve the Final Plans, with any modifications Landlord has approved, or to terminate this Lease. If this Lease is terminated pursuant to this Section I, all Prepaid Rent and the Security Deposit shall be returned by Landlord to School, and neither party shall have any further obligations under the terms of this Lease, except as to those matters which specifically survive termination. The Final Plans, as the same may be modified pursuant to this Section I, shall be the "Approved Plans". Landlord shall provide School with an "as built" set of plans for the Landlord's Work within thirty (30) days after the Term Commencement Date.

Approved Plans. Subject Landlord shall approve or reasonably disapprove by written notice to and upon the conditions hereinafter set forth, Landlord agrees to construct or cause to be constructed at the Complex, Xxxxxx (with a detailed description of Landlord's Work substantially in accordance with NMPSFA requirements described on Schedule I attached hereto reasons for such disapproval) of any draft of the Construction Drawings within three ("NMPSFA Requirements"3) business days after Xxxxxxxx's receipt thereof. Xxxxxxxx's failure to approve or reasonably disapprove any draft of the Construction Drawings by written notice to Tenant within said three (3) business day period shall be deemed to constitute Landlord's approval thereof. If Landlord so notifies Tenant of its disapproval 00000/00000 Xxxxxxx Xxxxxx [Structural GenomiX, Inc.] of any draft of the Construction Drawings, Tenant shall cause the Architect to revise the Construction Drawings and to resubmit the preliminary plans and specifications described on Schedule II attached hereto Construction Drawings for Landlord's approval. This process shall continue until the Construction Drawings have been approved or are deemed to have been approved by Landlord. The final Construction Drawings shall be approved by Landlord (the "Preliminary APPROVED PLANS") prior to the commencement of construction of the Tenant Work by Xxxxxx. After approval by Landlord of the final Approved Plans"). School has reviewed , which consent may not be unreasonably withheld or delayed, Tenant shall submit the same and hereby approves the Preliminary Plans. Within ( ) days after the Effective Date, Landlord shall provide School acquire all applicable permits and shall deliver a copy of the final plans and specifications based on the Preliminary Plans ("Final Plans"). School shall have thirty (30) days after receipt of the Final Plans to reasonably approve or disapprove of same by providing written notice thereof all permits to Landlord. If School disapproves of Tenant hereby agrees that neither Landlord nor Xxxxxxxx's consultants shall be responsible for obtaining any permit regarding the Final PlansTenant Work and that obtaining the same shall be Tenant's responsibility; provided, however, that Landlord shall have ten (10) days after cooperate with Tenant in executing permit applications and performing other ministerial acts reasonably necessary to enable Tenant to obtain any such permit. No material, substantive changes, modifications or alterations in the receipt of Approved Plans may be made without the disapproval to agree to cure all objections of School, or Landlord shall provide prior written notice to School that it elects not to cure some or all of School's objections to the Final Plans. Thereafter, School shall have ten (10) days after the receipt consent of Landlord's election , which consent may not be unreasonably withheld or delayed. The failure of Tenant to cure acquire all of School's objections to waive the failure to cure and approve the Final Plans, with permits that are required by any modifications Landlord has approved, or to terminate this Lease. If this Lease is terminated pursuant to this Section I, all Prepaid Rent and the Security Deposit governmental agency shall be returned by Landlord to School, and neither party shall have any further obligations under the terms a default of this Lease, except as to those matters which specifically survive termination. The Final Plans, as the same may be modified pursuant to this Section I, shall be the "Approved Plans". Landlord shall provide School with an "as built" set of plans for the Landlord's Work within thirty (30) days after the Term Commencement DateTenant hereunder.