Common use of Design Documents Clause in Contracts

Design Documents. (a) MRP (either directly and/or through Development Manager) shall oversee preparation by the Architect (and any other applicable Design Professionals) of design development documents and construction documents for the Improvements ("Design Documents") within the time frames provided for under the Preliminary Development Schedule and in all events by the Vertical Target Date. The Design Documents shall be sufficient for the Company to apply for sitework-related Development Approvals, for the Construction Contractor to perform all required sitework in accordance therewith, and for the Company to apply for building permits, enter into the Construction Contract without material allowances (unless the Members elect to do so in their discretion), and provide all required construction details for the construction of the Improvements. The Design Documents shall be consistent with the Approved PUD and all applicable Legal Requirements, and shall further be subject to the written approval of MRP and Investor, which approval shall not be unreasonably withheld, conditioned or delayed. MRP may elect, from time to time, to engage in an informal process of providing drawings, design details and/or specifications to Investor on an interim basis, in order to obtain Investor input or approval before having the applicable design professional incorporate the same into a formal submission of the Design Documents to Investor for approval. Investor agrees to cooperate in responding expeditiously to such informal requests for approval, where practicable without extraordinary expense or burden. (b) Within seven (7) Business Days after its receipt of the Design Documents and/or any drawing, component, or element thereof (or modifications thereto), accompanied by a formal written request for approval from MRP (an "Approval Request"), the recipient Member(s) shall communicate its written approval or disapproval thereof to the other Member(s) (such written communication, an "Approval Response"). Failure of Investor to deliver a written disapproval within such seven (7) Business Day period shall be deemed to constitute Investor's approval of the applicable Approval Request, in its entirety. (c) MRP and Investor will confer with regard to each objection raised, discuss and evaluate the alternatives for addressing such objections, and cooperate in a mutual, good faith effort to achieve mutual, final approval of the Design Documents, as applicable, on as expeditious a basis as the parties can reasonably achieve under the circumstances (and, to the extent practicable, within a time frame shorter than the maximum time periods allowed hereunder).

Design Documents. (a) MRP (either directly and/or through Development Manager) shall oversee preparation by the Architect (The Arrowhead Stadium Expansion and any other applicable Design Professionals) of design development documents and construction documents for the Improvements ("Design Documents") within the time frames provided for under the Preliminary Development Schedule and in all events by the Vertical Target Date. The Design Documents shall be sufficient for the Company to apply for sitework-related Development Approvals, for the Construction Contractor to perform all required sitework in accordance therewith, and for the Company to apply for building permits, enter into the Construction Contract without material allowances (unless the Members elect to do so in their discretion), and provide all required construction details for the construction of the Improvements. The Design Documents shall be consistent with the Approved PUD and all applicable Legal Requirements, and shall further be subject Renovation Plan attached as Exhibit B to the written approval A&R Lease and as further modified as set forth on Exhibit A attached hereto, sets forth a conceptual description of MRP certain improvements, renovations, replacements and Investoradditions to be made by Tenant. Said conceptual descriptions shall form the basis for program and schematic designs, plans and specifications to be developed by Tenant and approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed. MRP may elect) (hereinafter “Program and Schematic Designs”) and for final designs, from time to time, to engage in an informal process of providing drawings, design details and/or plans and specifications to Investor on an interim basisbe developed by Tenant and approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed) based upon such Program and Schematic Designs (hereinafter, “Final Designs”). Tenant shall submit the Program and Schematic Designs and the Final Designs to the Landlord’s Representative (as defined below) in accordance with this Agreement for each stage of construction in a logical manner in order to obtain Investor input facilitate the preparation and solicitation of bid packages following the Competitive Bid Process by the General Contractor and/or Tenant, as Tenant determines to be appropriate or approval before having desirable; provided that for purposes of such submittals the applicable design professional incorporate Construction Documents (as defined below) may be organized in packages representing Program and Schematic Designs and Final Designs for each Stage of Construction (each a “Stage of Construction” and collectively the same into a formal submission “Stages of Construction”). Notwithstanding the organization of the Design Documents Project and the design thereof into Stages of Construction, Tenant shall be obligated to Investor for approval. Investor agrees to cooperate construct and complete all Minimum Required Project Elements (Exhibit D) and in responding expeditiously to such informal requests for approval, where practicable without extraordinary expense no event shall there be any reduction in or burden. (b) Within seven (7) Business Days after its receipt of the Design Documents and/or any drawing, component, or element thereof (or modifications thereto), accompanied by a formal written request for approval from MRP (an "Approval Request"), the recipient Member(s) shall communicate its written approval or disapproval thereof material adverse modification to the other Member(s) (such written communication, an "Approval Response"). Failure of Investor to deliver a written disapproval within such seven (7) Business Day period shall be deemed to constitute Investor's approval of the applicable Approval Request, in its entiretyMinimum Required Project Elements except as expressly provided herein. (c) MRP and Investor will confer with regard to each objection raised, discuss and evaluate the alternatives for addressing such objections, and cooperate in a mutual, good faith effort to achieve mutual, final approval of the Design Documents, as applicable, on as expeditious a basis as the parties can reasonably achieve under the circumstances (and, to the extent practicable, within a time frame shorter than the maximum time periods allowed hereunder).

Design Documents. (a) MRP (either directly and/or through Development Manager) shall oversee preparation by Westfield will in the Architect (development and any other applicable Design Professionals) execution of the design development documents and construction documents for the Improvements Project prepare such plans and specifications (in addition to the Plans and Specifications referred to in Schedule II), working drawings and other usual design documents (collectively, the "Design Documentsdesign documents") within as are necessary or desirable to carry out the time frames provided for under the Preliminary Development Schedule development and in all events by the Vertical Target Date. The Design Documents shall be sufficient for the Company to apply for sitework-related Development Approvals, for the Construction Contractor to perform all required sitework in accordance therewith, and for the Company to apply for building permits, enter into the Construction Contract without material allowances (unless the Members elect to do so in their discretion), and provide all required construction details for the construction execution of the ImprovementsProject. The Design Documents Copies of the design documents will be provided to Owner's Representative for Owner's review and reasonable approval as soon as reasonably practicable after their preparation. Owner's approval, however, shall not be consistent required to the extent that the design documents are in every material sense, including quality requirements, in conformity with or a logical evolution from the Approved PUD design intent of the Plans and all applicable Legal RequirementsSpecifications (taking into account Owner's previous requirements for such design documents). In the event that any component of such design documents is inconsistent with or not a logical evolution from the design intent of the Plans and Specifications, and then such component shall further be subject to Owner's reasonable approval. Owner's approval or rejection of any such component of the written approval design documents shall be given in writing by Owner not later than the end of MRP and Investorthe review period reasonably specified by Westfield in its submission of such design documents (the "specified period"), which approval will in no event be less than ten (10) days after Owner's receipt thereof. If within the specified period after the receipt of any design documents Owner's Representative notifies Westfield that it is not practicable for Owner to respond within the specified period and fixes a reasonable period within which Owner's review will be completed, then the review period shall be the period specified by Owner's Representative after receipt by Owner's Representative of copies of the design documents. If Owner has not be unreasonably withheldnotified Westfield of its rejection or acceptance of any of the design documents within the specified period or the reasonable period nominated by Owner's Representative (as the case may be), conditioned or delayed. MRP may elect, from time to time, to engage in an informal process of providing drawings, design details and/or specifications to Investor on an interim basis, in order to obtain Investor input or approval before having then the applicable design professional incorporate the same into a formal submission of the Design Documents to Investor for approval. Investor agrees to cooperate in responding expeditiously to such informal requests for approval, where practicable without extraordinary expense or burden. (b) Within seven (7) Business Days after its receipt of the Design Documents and/or any drawing, component, or element thereof (or modifications thereto), accompanied by a formal written request for approval from MRP (an "Approval Request"), the recipient Member(s) shall communicate its written approval or disapproval thereof to the other Member(s) (such written communication, an "Approval Response"). Failure of Investor to deliver a written disapproval within such seven (7) Business Day period documents shall be deemed to constitute Investor's approval of the applicable Approval Request, in its entiretybe approved by Owner. (c) MRP and Investor will confer with regard to each objection raised, discuss and evaluate the alternatives for addressing such objections, and cooperate in a mutual, good faith effort to achieve mutual, final approval of the Design Documents, as applicable, on as expeditious a basis as the parties can reasonably achieve under the circumstances (and, to the extent practicable, within a time frame shorter than the maximum time periods allowed hereunder).

Design Documents. (a) MRP RDC has approved the Schematic Design Documents for those portions of the Improvements constructed pursuant to the original Notice to Proceed issued to Xxxxxx'x Jazz Company. To the extent any Schematic Design Documents have not previously been submitted to RDC, Tenant shall, on or before one (either directly and/or through 1) month after the Execution Date, submit to RDC for review and approval such Schematic Design Documents, if any, as provided in Section 4.3 of this GDA and an initial Working Development Manager) Schedule. If desired by RDC, RDC may schedule and appropriate representatives of Tenant and the various design consultants, including the applicable Architect(s), shall oversee preparation by the Architect (and any other applicable Design Professionals) of design development documents and construction documents attend a meeting for the Improvements ("Design Documents") within review of the time frames provided for under the Preliminary Development Schedule and in all events by the Vertical Target Date. The Schematic Design Documents shall be sufficient for the Company to apply for sitework-related Development Approvalsnot previously approved, for the Construction Contractor to perform all required sitework in accordance therewith, and for the Company to apply for building permits, enter into the Construction Contract without material allowances (unless the Members elect to do so in their discretion), and provide all required construction details for the construction of the Improvements. The Design Documents shall be consistent with the Approved PUD and all applicable Legal Requirements, and shall further be subject to the written approval of MRP and Investor, which approval shall not be unreasonably withheld, conditioned or delayed. MRP may elect, from time to time, to engage in an informal process of providing drawings, design details and/or specifications to Investor on an interim basis, in order to obtain Investor input or approval before having the applicable design professional incorporate the same into a formal submission of the Design Documents to Investor for approval. Investor agrees to cooperate in responding expeditiously to such informal requests for approval, where practicable without extraordinary expense or burdenif any. (b) Within seven RDC has approved the Design Development Documents for those portions of the Improvements constructed pursuant to the original Notice to Proceed issued to Xxxxxx'x Jazz Company. To the extent any Design Development Documents have not previously been submitted to RDC, Tenant shall, on or before three (73) Business Days months after its receipt the Execution Date, submit to RDC for review and approval as provided in Section 4.3 of this GDA such Design Development Documents, if any, and an updated Working Development Schedule. If desired by RDC, RDC may schedule and appropriate representatives of Tenant and the various design consultants, including the applicable architect(s), shall attend a meeting for review of the Design Development Documents and/or any drawingnot previously approved, component, or element thereof (or modifications thereto), accompanied by a formal written request for approval from MRP (an "Approval Request"), the recipient Member(s) shall communicate its written approval or disapproval thereof to the other Member(s) (such written communication, an "Approval Response"). Failure of Investor to deliver a written disapproval within such seven (7) Business Day period shall be deemed to constitute Investor's approval of the applicable Approval Request, in its entiretyif any. (c) MRP RDC has approved the Construction Documents for those portions of the Improvements constructed pursuant to the original Notice to Proceed issued to Xxxxxx'x Jazz Company. To the extent any Construction Documents have not previously been submitted to RDC, Tenant shall, on or before four (4) months after the Execution Date, submit such Construction Documents, if any, to RDC for review and Investor will confer with regard approval as provided in Section 4.3 of this GDA. Tenant may prepare Construction Documents not previously approved in parts for review and approvals. If Tenant submits such Construction Documents in parts, RDC hereby agrees to each objection raisedreceive and review parts of such Construction Documents in lieu of all such documents being submitted at one time. If desired by RDC, discuss and evaluate the alternatives for addressing such objectionsRDC may schedule, and cooperate in appropriate representatives of Tenant and the various design consultants, including the applicable architect(s), shall attend a mutual, good faith effort meeting for review of such Construction Documents. (d) RDC understands that Tenant intends to achieve mutual, final approval phase its submission of Design Documents and RDC agrees that Tenant may do so as long as neither the Design Documents, Site Reactivation Date nor the Completion Dates for the Components or Phases are delayed as applicable, on as expeditious a basis as the parties can reasonably achieve under the circumstances (and, to the extent practicable, within a time frame shorter than the maximum time periods allowed hereunder)result thereof.

Design Documents. (a) MRP (either directly and/or through Development Manager) shall oversee preparation by Lessor and Lessee have approved the Architect (and any other applicable Design Professionals) of design development documents and construction documents for the Improvements ("Design Documents") within the time frames provided for under the Preliminary Development Schedule and in all events by the Vertical Target Date. The Design Documents shall be sufficient for the Company to apply for sitework-related Development Approvals, for the Construction Contractor to perform all required sitework in accordance therewith, and for the Company to apply for building permits, enter into the Construction Contract without material allowances (unless the Members elect to do so in their discretion), and provide all required construction details for the construction of the Improvements. The Design Documents shall be consistent with the Approved PUD and all applicable Legal Requirements, and shall further be subject to the written approval of MRP and Investor, which approval shall not be unreasonably withheld, conditioned or delayed. MRP may elect, from time to time, to engage in an informal process of providing drawings, design details and/or specifications to Investor on an interim basis, in order to obtain Investor input or approval before having the applicable design professional incorporate the same into a formal submission of the Design Documents to Investor for approval. Investor agrees to cooperate in responding expeditiously to such informal requests for approval, where practicable without extraordinary expense or burden. (b) Within seven (7) Business Days after its receipt of Lessee may propose to Lessor, at any time before the Actual Substantial Completion Date, one or more changes to the Design Documents and/or any drawingin connection with Lessor’s Work. As promptly as reasonably practicable after the receipt and approval thereof, componentLessor shall provide Lessee with a written estimate of the delay (if any) in the Actual Substantial Completion Date (which delay shall be a Lessee Delay) and the amount of additional Lessor Work Costs that will be paid or incurred by Lessor by reason thereof or, or element thereof (or modifications thereto), accompanied by a formal written request for approval from MRP (an "Approval Request")if such be the case, the recipient Member(samount of Lessor Work Costs that will be saved by reason thereof. If Xxxxxx fails to approve of the revised Design Documents and associated estimate within ten (10) shall communicate its written approval or disapproval thereof to business days after delivery of the other Member(s) (such written communicationsame, an "Approval Response"). Failure of Investor to deliver a written disapproval within such seven (7) Business Day period Lessee shall be deemed to constitute Investor's approval have abandoned its request for such change, and the Improvements shall be constructed in accordance with the then-existing Design Documents. If Lessee approves the revised Design Documents and associated estimate within said ten (10) business day period by signing and returning a copy of Xxxxxx’s estimate, Lessor shall cause the Improvements to be constructed in accordance with the Design Documents as so revised. Unless requested in writing by Xxxxxx to the contrary, Lessor shall continue with construction of the applicable Approval RequestImprovements according to the then-existing Design Documents during the pendency of any proposed change in the Design Documents until such change is approved by Lessor and Lessee as provided above. Lessor shall have the right to determine, in its entiretysole discretion, whether to agree to Xxxxxx’s request to delay or stop construction during the pendency of any proposed change in the Design Documents. Any delay or stoppage in construction requested in writing by Xxxxxx and agreed tp by Lessor shall constitute a Lessee Delay. (c) MRP If Lessee has requested and Investor will confer with regard approves of Lessor’s estimate of the time and cost of a proposed change to each objection raised, discuss and evaluate the alternatives for addressing such objections, and cooperate in a mutual, good faith effort to achieve mutual, final approval of the Design Documents, as applicablethen: (i) Lessee shall be liable and responsible for, on as expeditious and shall pay to Lessor, the total of all additional Lessor Work Costs paid or incurred by Lessor by reason of such change, whether or not such total exceeds Lessor’s estimate; (ii) if such change will result in a basis as savings in Lessor Work Costs, then such savings shall be offset against the parties can reasonably achieve initial installments of Basic Rent and Additional Rent payable under the circumstances (this Lease; and, to the extent practicable, within a time frame shorter than the maximum time periods allowed hereunder).

Design Documents. (a) MRP (either directly and/or through Development Manager) shall oversee preparation by the Architect (and any other applicable Design Professionals) Prior to Tenant’s commencement of design development documents and construction documents for the Improvements ("Design Documents") within the time frames provided for under the Preliminary Development Schedule and in all events by the Vertical Target Date. The Design Documents shall be sufficient for the Company to apply for sitework-related Development Approvals, for the Construction Contractor to perform all required sitework in accordance therewith, and for the Company to apply for building permits, enter into the Construction Contract without material allowances (unless the Members elect to do so in their discretion), and provide all required construction details for the construction of the Tenant Improvements. The , Tenant shall prepare the Design Documents shall be consistent and deliver them to Landlord. Landlord agrees that Tenant, at Tenant’s option, may deliver the Design Documents to Landlord in increments (not to exceed three (3) increments) with respect to one or more components of the Approved PUD and all applicable Legal RequirementsTenant Improvements (e.g., schematic design drawings, use permit design drawings, 50% detailed design drawings), instead of providing the Design Documents for the entire Tenant Improvements at one time, and in such event, Landlord shall further be subject to the written approval of MRP review and Investor, which approval shall not be unreasonably withheld, conditioned approve (or delayed. MRP may elect, from time to time, to engage in an informal process of providing drawings, design details and/or specifications to Investor on an interim basis, in order to obtain Investor input or approval before having the applicable design professional incorporate the same into a formal disapprove) each incremental submission of the Design Documents in accordance with the time periods set forth in this Section 2.2. Within five (5) business days following delivery of the Design Documents, Landlord shall deliver written notice to Investor for approval. Investor agrees to cooperate in responding expeditiously to such informal requests for approval, where practicable without extraordinary expense or burden. (b) Within seven (7) Business Days after its receipt Tenant of either Landlord’s approval of the Design Documents and/or any drawingor Landlord’s reasonable disapproval thereof, component, or element thereof (or modifications thereto), accompanied by a formal written request for approval from MRP (an "Approval Request"), in which event the recipient Member(s) notice shall communicate its written approval or disapproval thereof specify the reasonable changes that must be made to the other Member(s) (such written communication, an "Approval Response")Design Documents as a condition of Landlord’s approval. Failure of Investor Landlord’s failure to deliver a written disapproval approve or disapprove the Design Documents within such seven five (75) Business Day business day period shall be deemed to constitute Investor's approval of the applicable Approval Request, in its entirety. (c) MRP and Investor will confer with regard to each objection raised, discuss and evaluate the alternatives for addressing such objections, and cooperate in a mutual, good faith effort to achieve mutual, final Landlord’s approval of the Design Documents, as applicablesubmitted. Notwithstanding the foregoing, Landlord shall only disapprove the Design Documents if the same (i) will cause an adverse effect on as expeditious the structural integrity of the Building; (ii) is not in compliance with applicable Law, (iii) will cause an adverse effect on the Building’s systems, or (iv) negatively impacts any portion of the Building’s exterior envelope, Common Areas or mechanical, electrical and/or plumbing systems (individually and collectively, a basis as “Design Problem”). If Landlord timely delivers notice of disapproval, Tenant shall deliver a revised set of Design Documents to Landlord which shall incorporate the parties can changes specified in Landlord’s notice of disapproval, and the foregoing submittal and approval process shall be repeated in accordance with the procedures set forth in this Section 2.2 until Landlord reasonably achieve under approves the circumstances (and, to the extent practicable, within a time frame shorter than the maximum time periods allowed hereunder)entire Design Documents.