Common use of BASIS FOR APPROVAL Clause in Contracts

BASIS FOR APPROVAL. The Committee shall have the right to disapprove an Application submitted to it in the event any part of the Application: (a) is not in accordance with this Declaration, the Sign Plan and any Design Guidelines or other requirements adopted by the Committee; or (b) is incomplete; or (c) is not in compliance with the applicable governmental approvals and regulations for the Center; or (d) is deemed by the Committee to be contrary to the best interests of the Center or the Owners; or (e) any combination of the foregoing. The Committee shall not unreasonably withhold its approval of an Application submitted to it, but may condition its approval on the satisfaction of one or more conditions set forth in writing. In this regard, the Committee may base its approval or disapproval on criteria which may include, but are not limited to, the following: (i) the adequacy of the building locations and dimensions on the Parcel; (ii) the adequacy of the parking to be provided; (iii) conformity and harmony of external design with neighboring structures; (iv) effect of location and proposed use of proposed Improvements on neighboring Parcels and the types of operations and uses thereof; (v) relation of topography, grade and finish ground elevation of the Parcel being improved to that of neighboring Parcels; (vi) proper facing of main elevation with respect to nearby streets and other buildings; (vii) adequacy of screening trash facilities and mechanical, air conditioning or other rooftop installations; (viii) adequacy of landscaping; and (ix) conformity of the Application to the purpose and general plan and intent of this Declaration. No Application shall be approved which does not provide for the underground installation of all utility services. The Committee may condition its approval of an Application on such changes therein as it deems appropriate such as, and without limitation, the approval of such Improvements by a holder of an easement which may be impaired thereby or upon approval of any such Improvements by the appropriate governmental entity. Any Committee approval conditioned upon the approval by a governmental entity shall not imply the Association is enforcing any government codes or regulations, nor shall the failure to make such conditional approval imply that any such governmental entity approval is not required.

BASIS FOR APPROVAL. The Architectural Committee shall have the right to disapprove an any Application submitted to it if the Application is incomplete or otherwise inadequate in the event any part judgment of the ApplicationArchitectural Committee to allow a decision, or if the proposed New Buildings: (ai) is not are not, in accordance conformance with this Declaration, Lease or the Sign Plan and any Design Guidelines or other requirements adopted by the CommitteeStandards Manual; or (bii) is incomplete; or (c) is are not in compliance with the applicable governmental approvals and regulations for the Centerrequirements; or (diii) is are deemed by the Architectural Committee not to be contrary to in the best interests of the Center or the Owners; or (e) any combination of Center. Without limiting the foregoing. The Committee shall not unreasonably withhold its approval of an Application submitted to it, but may condition its approval on the satisfaction of one or more conditions set forth in writing. In this regard, the Architectural Committee may base its approval or disapproval on criteria established by it which may include, include but are not limited to, to the following: (i) the adequacy of the building locations and dimensions on relative to the ParcelParcels within the Land; (ii) the adequacy of the parking to be provided; (iii) conformity and harmony of external design with neighboring structuresstructures and the general character of the Center intended by Landlord; (iv) effect of location and proposed use of proposed Improvements New Buildings on neighboring Parcels and the types of operations and uses thereof; (v) relation of topography, grade and finish ground elevation of on the Parcel being improved Parcels within the Land and relative to that of neighboring Parcels; (vi) proper facing of main elevation with respect to nearby streets and other buildingsstreets; (vii) adequacy of screening of trash facilities and mechanical, air air-conditioning or other rooftop installations; (viii) adequacy of landscaping; and (ix) conformity of the Application to the purpose and general plan and intent of this DeclarationLease and the Design Guidelines. No Application The Architectural Committee may grant or deny approval of Applications submitted to it for any reason in its sole and absolute discretion, and the decision of the Architectural Committee shall be approved which does not provide for the underground installation of all utility servicesfinal. The Architectural Committee may condition its revoke any approval of an if it determines that such approval was induced by or resulted from inaccurate or incomplete information submitted to the Architectural Committee in connection with the Application on such changes therein as it deems appropriate such as, and without limitation, the approval of such Improvements by a holder of an easement which may be impaired thereby or upon approval of any such Improvements by the appropriate governmental entity. Any Committee approval conditioned upon the approval by a governmental entity shall not imply the Association is enforcing any government codes or regulations, nor shall the failure to make such conditional approval imply that any such governmental entity approval is not requiredthereof.