Common use of Construction Contract and Architectural/Engineering Agreement Clause in Contracts

Construction Contract and Architectural/Engineering Agreement. (i) The identity of the construction manager(s) or general contractor(s), as the case may be, and the Project Architect, and the contracts under which each is retained in connection with the Paris Facility must be approved by Lessor in writing prior to the commencement of construction, which approval shall not be unreasonably withheld. Any change to the construction manager(s) or general contractor(s), as the case may be, and the Project Architect in connection with the Paris Facility must be approved by Lessor in writing. Lessee will execute the construction management agreement or general contract(s) between Lessee and the construction manager or general contractor(s) covering all work to be done in connection with the Paris Facility. Upon request of Lessor, Lessee will promptly furnish to Lessor executed copies of the construction management, general contracts, and all subcontracts between the construction manager or general contractor(s) and all of their subcontractors and suppliers. Upon request of Lessor, Lessee will promptly furnish to Lessor any amendments or modifications (including change orders) to any of the foregoing. Lessee will not modify or amend or permit to be modified or amended (including by way of change order) any construction management agreement, construction contract or construction subcontract without Lessor’s prior written approval; provided, however, that Lessor’s prior approval need not be obtained with respect to any change order that results from a change in the Plans and Specifications with respect to which Lessor’s consent is not required pursuant to Section 1(g) above. Upon request of Lessor, Lessee will also furnish to Lessor an executed copy of the architectural and/or engineering agreement between Lessee and the Project Architect with respect to the Paris Facility. (ii) Lessee will perform its obligations under the contracts described in subparagraph (i) above, and will use reasonable best efforts to cause each other party to such contracts to perform its obligations under such contracts. (iii) Lessee will enforce or cause to be enforced the prompt performance of the contracts described in subparagraph (i) above and will allow Lessor to take advantage of all rights and benefits of such contracts. In addition, effective upon the expiration or termination of this Lease as to the Paris Facility, Lessee hereby assigns to Lessor all warranties given to Lessee under the contracts described in subparagraph (i) above. Lessee shall deliver such further documents and agreements as may be reasonably requested by Lessor in connection with the assignment of warranties provided for in this Section.

Construction Contract and Architectural/Engineering Agreement. (i) The identity Upon the request of Lessor, if applicable, a list of the construction manager(s) or general contractor(s), as the case may be, and and, if applicable, the Project Architectarchitect and/or engineer, and the contracts under which each is retained in connection with the Paris Facility must an Approved Project shall be approved provided by Lessor in writing prior Lessee to the commencement Lessor. Upon request of constructionLessor, which approval shall not be unreasonably withheld. Any change to the construction manager(s) or general contractor(s)if applicable, as the case may be, and the Project Architect in connection with the Paris Facility must be approved by Lessor in writing. Lessee will execute promptly furnish to Lessor executed copies of the construction management agreement or general contract(s) between Lessee and the construction manager or general contractor(s) covering all work to be done in connection with the Paris Facility. Upon request of Lessor, Lessee will promptly furnish to Lessor Approved Project and executed copies of the construction management, general contracts, and all subcontracts between the construction manager or general contractor(s) and all of their subcontractors and suppliers. Upon request of Lessor, if applicable, Lessee will promptly furnish to Lessor any amendments or modifications (including change orders) to any of the foregoing. Lessee will not modify or amend or permit to be modified or amended (including by way of change order) any construction management agreement, construction contract or construction subcontract without Lessor’s 's prior written approval; provided, however, that Lessor’s 's prior approval need not be obtained with respect to any change order that results from a change in the Plans and Specifications with respect to which Lessor’s 's consent is not required pursuant to Section 1(g) abovethis Amendment. Upon request of Lessor, Lessee will also furnish to Lessor an executed copy of the architectural and/or engineering agreement agreement, if any, between Lessee and the Project Architect architect and/or engineer with respect to the Paris FacilityApproved Project. (ii) Lessee will perform its obligations under the contracts described in subparagraph (i) above, and will use commercially reasonable best efforts to cause each other party to such contracts to perform its obligations under such contracts. (iii) Lessee will enforce or cause to be enforced the prompt performance of the contracts described in subparagraph (i) above and will allow Lessor to take advantage of all rights and benefits of such contracts. In addition, effective upon the expiration or termination of this Lease as to the Paris Facility, Lessee hereby assigns to Lessor all warranties given to Lessee under the contracts described in subparagraph (i) above. Lessee shall deliver such further documents and agreements as may be reasonably requested by Lessor in connection with the assignment of warranties provided for in this Section.

Construction Contract and Architectural/Engineering Agreement. (i) The identity To the extent not previously provided as of the Amended Lease Release Date, upon the request of Lessor, if applicable, a list of the construction manager(s) or general contractor(s), as the case may be, and and, if applicable, the Project Architectarchitect and/or engineer, and the contracts under which each is retained in connection with an Approved Project shall be provided by Lessee to Lessor. To the Paris Facility must be approved by Lessor in writing prior to extent not previously provided as of the commencement Amended Lease Release Date, upon request of constructionLessor, which approval shall not be unreasonably withheld. Any change to the construction manager(s) or general contractor(s)if applicable, as the case may be, and the Project Architect in connection with the Paris Facility must be approved by Lessor in writing. Lessee will execute promptly furnish to Lessor executed copies of the construction management agreement or general contract(s) between Lessee and the construction manager or general contractor(s) covering all work to be done in connection with the Paris Facility. Upon request of Lessor, Lessee will promptly furnish to Lessor Approved Project and executed copies of the construction management, general contracts, and all subcontracts between the construction manager or general contractor(s) and all of their subcontractors and suppliers. Upon request of Lessor, if applicable, Lessee will promptly furnish to Lessor any amendments or modifications (including change orders) to any of the foregoing. Lessee will not modify or amend or permit to be modified or amended (including by way of change order) any construction management agreement, construction contract or construction subcontract without Lessor’s prior written approval; provided, however, that Lessor’s prior approval need not be obtained with respect to any change order that results from a change in the Plans and Specifications with respect to which Lessor’s consent is not required pursuant to Section 1(g) abovethis Exhibit. Upon request of Lessor, Lessee will also furnish to Lessor an executed copy of the architectural and/or engineering agreement agreement, if any, between Lessee and the Project Architect architect and/or engineer with respect to the Paris FacilityApproved Project. (ii) Lessee will perform or, with respect to the Approved Projects which have been completed as of the Amended Lease Release Date, did perform, its obligations under the contracts described in subparagraph (i) above, and will use or, with respect to the Approved Projects which have been completed as of the Amended Lease Release Date, did use, commercially reasonable best efforts to cause each other party to such contracts to perform its obligations under such contracts. (iii) Lessee will or, with respect to the Approved Projects which have been completed as of the Amended Lease Release Date, did, enforce or cause to be enforced the prompt performance of the contracts described in subparagraph (i) above and will will, or with respect to the Approved Projects which have been completed as of the Amended Lease Release Date, did, perform allow Lessor to take advantage of all rights and benefits of such contracts. In addition, effective upon the expiration or termination of this Lease as to the Paris Facility, Lessee hereby assigns to Lessor all warranties given to Lessee under the contracts described in subparagraph (i) above. Lessee shall deliver such further documents and agreements as may be reasonably requested by Lessor in connection with the assignment of warranties provided for in this Section.