Common use of Design and Color Scheme Clause in Contracts

Design and Color Scheme. Within five (5) days after approval of the Space Plan by Tenant and Landlord, Tenant and its representatives shall meet with Landlord’s space planner and engineer, to arrive at an acceptable design of and color scheme for the Expansion Space (such design and color scheme, when approved by Landlord and Tenant, is herein referred to as the “Design and Color Scheme”) and an acceptable product specification list for all materials, products, finishes and work that Tenant desires to use that are not Building Standard (such product specification list, when approved by Landlord and Tenant, is herein referred to as the “Above Standard Product Specification List”). For purposes hereof, the term “Building Standard” (herein so called) shall mean those certain component elements utilized in the design and construction of improvements in the Building that have been pre-selected by Landlord to ensure uniformity of quality, function and appearance throughout the Building (which elements may include, but are not limited to, ceiling systems, doors, hardware, walls, floor coverings, finishes, window coverings, light fixtures and HVAC components). The Design and Color Scheme shall, in Landlord’s reasonable judgment, (i) conform to the design criteria from time to time established by Landlord for the Building and (ii) be compatible with the design and colors of existing finished space in the Building. The Above Standard Product Specification List shall in all events be acceptable to Landlord and delays in construction of Tenant’s Improvements caused by the specification of a material, product, finish or type of work included in the Above Standard Product Specification List shall constitute Tenant Delay or Landlord Delay. [****] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED.

Design and Color Scheme. Within five (5) days after approval of the Space Plan by Tenant and Landlord, Tenant and its representatives shall meet with Landlord’s space planner and engineer, , to arrive at an acceptable design of and color scheme for the Expansion Space Premises (such design and color scheme, when approved by Landlord and Tenant, is herein referred to as the “Design and Color Scheme”) and an acceptable product specification list for all materials, products, finishes and work that Tenant desires to use that are not Building Standard (such product specification list, when approved by Landlord and Tenant, is herein referred to as the “Above Standard Product Specification List”). For purposes hereof, the term “Building Standard” (herein so called) shall mean those certain component elements utilized in the design and construction of improvements in the Building that have been pre-selected by Landlord to ensure uniformity of quality, function and appearance throughout the Building (which elements may include, but are not limited to, ceiling systems, doors, hardware, walls, floor coverings, finishes, window coverings, light fixtures and HVAC components). The Design and Color Scheme shall, in Landlord’s reasonable judgment, (i) conform to the design criteria from time to time established by Landlord for the Building and (ii) be compatible with the design and colors of existing finished space in the Building. The Above Standard Product Specification List shall in all events be acceptable to Landlord and delays in construction of Tenant’s Improvements caused by the specification of a material, product, finish or type of work included in the Above Standard Product Specification List shall constitute Tenant Delay or Landlord Delay. [****] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED.