Common use of Final Plans Clause in Contracts

Final Plans. Upon mutual approval of the Space Plan, Tenant shall cause to be prepared such plans, drawings, and specifications (collectively, the “Plans”) as may be necessary to obtain a building permit for construction of the Extension Improvements. Upon completion thereof, the Plans shall be submitted to Landlord for approval. Landlord shall notify Tenant, in writing, within five (5) business days following receipt by Landlord of the Plans if Landlord approves the Plans or disapproves of any portion thereof. Such disapproval shall be communicated with sufficient specificity to enable Tenant to revise the Plans in a manner acceptable to Landlord. If Landlord objects to any portion of the Plans, Tenant shall cause the same to be revised, and shall resubmit the revised Plans to Landlord for approval. Landlord shall have two (2) days to approve or disapprove of the revised Plans. The foregoing process shall continue until the Plans are approved by Landlord; provided, however, that each time Landlord disapproves of any portion of the Plans, Landlord’s subsequent comments shall be limited solely to the revisions to, or any new elements of, the Plans. If Landlord fails to approve or respond to Tenant’s initial request for approval of the Plans or to Tenants’ revisions to the Plans within the respective five (5) business day or two (2) day periods provided above, then Tenant may, within five (5) business days following the expiration of such five (5) business day or two (2) day period described above, provide to Landlord a second written request (the “Second Request”) stating in large, bold and capped font the following: “THIS IS TENANT’S SECOND REQUEST TO LANDLORD. LANDLORD FAILED TO TIMELY APPROVE OR RESPOND TO TENANT’S FIRST REQUEST FOR APPROVAL OF THE PLANS [or TENANT’S REVISIONS TO THE PLANS] IN ACCORDANCE WITH SECTION 1 OF EXHIBIT C-2 OF THE SECOND AMENDMENT TO LEASE. IF LANDLORD FAILS TO RESPOND TO THIS SECOND REQUEST FOR APPROVAL OF THE PLANS [OR TENANT’S REVISIONS TO THE PLANS] WITHIN FIVE (5) BUSINESS DAYS OF LANDLORD’S RECEIPT OF THIS SECOND REQUEST, TENANT’S PLANS [OR TENANT’S REVISIONS TO THE PLANS] SHALL BE DEEMED APPROVED BY LANDLORD.” If (a) Tenant’s Second Request strictly complies with the terms of this Section 1.2, and (b) Landlord fails to notify Tenant within five (5) business days of Landlord’s receipt of such Second Request, then the Plans, or the revisions thereto, as applicable, shall be deemed approved by Landlord. 1 - Exhibit “C-2” 13016-007 Fastly Second Amendment

Final Plans. Upon mutual Within twelve (12) days after approval by Tenant of the Space Planpreliminary budget for the Tenant Improvements, Tenant shall cause Architect to be prepared such commence preparing complete plans, drawingsspecifications and working drawings which incorporate and are consistent with the approved Preliminary Plans and preliminary budget, and specifications which show in detail the intended design, construction and finishing of all portions of the Tenant Improvements described in the Preliminary Plans (collectively, the “"Final Plans”"). Tenant shall cause Architect to deliver the Final Plans to Landlord, for Landlord's review and approval. Within five (5) as may be necessary to obtain a building permit for construction days after Landlord's receipt of the Extension ImprovementsFinal Plans, Landlord shall either approve or disapprove the Final Plans. Upon completion thereofIf Landlord disapproves the Final Plans, then Landlord shall state in reasonable detail the Plans changes which Landlord requires to be made thereto. Tenant shall be submitted submit to Landlord for approval. Landlord shall notify Tenant, in writing, revised Final Plans within five (5) business days following after Tenant's receipt by Landlord of Landlord's disapproval notice. Following Landlord's receipt of the revised Final Plans if from Tenant, Landlord approves shall have the Plans or disapproves of any portion thereof. Such disapproval shall be communicated with sufficient specificity right to enable Tenant to revise the Plans in a manner acceptable to Landlord. If Landlord objects to any portion of the Plans, Tenant shall cause the same to be revised, review and shall resubmit approve the revised Final Plans pursuant to Landlord for approvalthis Paragraph 2.2.3. Landlord shall have two (2) days to approve give Tenant written notice of its approval or disapprove disapproval of the revised Plans. The foregoing process shall continue until the Final Plans are approved by Landlord; provided, however, that each time Landlord disapproves of any portion of the Plans, Landlord’s subsequent comments shall be limited solely to the revisions to, or any new elements of, the Plans. If Landlord fails to approve or respond to Tenant’s initial request for approval of the Plans or to Tenants’ revisions to the Plans within the respective five (5) business day or two (2) day periods provided above, then Tenant may, within five (5) business days following after the expiration date of Landlord's receipt thereof. If Landlord disapproves the revised Final Plans, then Landlord and Tenant shall continue to follow the procedures set forth in this Paragraph 2.2.3 until either (x) Landlord and Tenant approve such five Final Plans in accordance with this Paragraph 2.2.3, or (5y) business day the date that is thirty (30) days after submittal of the initial Final Plans, whichever shall first occur. If Landlord and Tenant do not mutually agree upon the Final Plans on or two (2) day period described before such date, then Landlord may in its sole discretion terminate this Lease upon written notice to Tenant. If Landlord neither approves nor disapproves the Final Plans within the applicable time periods provided above, provide to Landlord a second written request (the “Second Request”) stating in large, bold and capped font the following: “THIS IS TENANT’S SECOND REQUEST TO LANDLORD. LANDLORD FAILED TO TIMELY APPROVE OR RESPOND TO TENANT’S FIRST REQUEST FOR APPROVAL OF THE PLANS [or TENANT’S REVISIONS TO THE PLANS] IN ACCORDANCE WITH SECTION 1 OF EXHIBIT C-2 OF THE SECOND AMENDMENT TO LEASE. IF LANDLORD FAILS TO RESPOND TO THIS SECOND REQUEST FOR APPROVAL OF THE PLANS [OR TENANT’S REVISIONS TO THE PLANS] WITHIN FIVE (5) BUSINESS DAYS OF LANDLORD’S RECEIPT OF THIS SECOND REQUEST, TENANT’S PLANS [OR TENANT’S REVISIONS TO THE PLANS] SHALL BE DEEMED APPROVED BY LANDLORD.” If (a) Tenant’s Second Request strictly complies with the terms of this Section 1.2, and (b) Landlord fails to notify Tenant within five (5) business days of Landlord’s receipt of such Second Request, then the Plans, or the revisions thereto, as applicable, shall be deemed approved by Landlord. 1 - Exhibit “C-2” 13016-007 Fastly Second Amendmentto have disapproved the Final Plans as submitted.

Final Plans. Upon mutual approval of Tenant shall cause the Architect to prepare final working drawings, which shall be consistent with the Space Plan, compatible with the design, construction and equipment of the Building, comply with all Applicable Laws, capable of logical measurement and construction, and contain all such information as may be required for obtaining all permits and other governmental approvals for the construction of the Tenant Improvements (the "Working Drawings"). Within thirty (30) days after approval of the Effective Date, Tenant shall submit two copies of the Working Drawings to Landlord for its review and approval in its reasonable discretion. Within ten (10) days after receipt of the Working Drawings, Landlord shall notify Tenant in writing that (i) Landlord approves of such Working Drawings, or (ii) Landlord disapproves of such Working Drawings, the basis for disapproval and the changes requested by Landlord. Tenant shall cause the Working Drawings to be prepared such plans, drawings, revised and specifications (collectively, shall submit the “Plans”) as may be necessary to obtain a building permit for construction of the Extension Improvements. Upon completion thereof, the Plans shall be submitted revised Working Drawings to Landlord for approvalits review and approval as provided in this section. If Landlord disapproves of the Working Drawings in any respect, the parties shall notify Tenant, confer and negotiate in writing, good faith to reach written agreement on the Working Drawings within five (5) business days following receipt by thereafter for the first (1st) disapproval and three (3) business days thereafter. Upon such agreement, Tenant shall cause the Working Drawings to be revised and shall submit the revised Working Drawings to Landlord for its review and approval as provided in this section. Landlord shall approve or reasonably disapprove of the Plans if Landlord approves the Plans or disapproves such revised Working Drawings within three (3) business days after delivery of any portion thereof. Such disapproval shall be communicated with sufficient specificity to enable Tenant to revise the Plans in a manner acceptable such Working Drawings to Landlord. If Landlord objects to any portion disapproves the revised Working Drawings, the parties shall again meet and confer in accordance with this paragraph until the parties agree on the Working Drawings. If Landlord disapproves of the Planssecond set of Working Drawings within said three (3) business day time period and such disapproval or failure to agree is not based on a Design Problem, then each day after the end of said three (3) business day time period shall constitute a Landlord Delay and if Tenant is unable to conduct its business in all of the Premises as a result, Tenant shall cause the same be entitled to be revised, and shall resubmit the revised Plans to a partial abatement in rent for each day of such Landlord for approvalDelay. Landlord shall have two (2) days to approve or disapprove of the revised Plans. The foregoing process shall continue until the Plans are approved by Landlord; provided, however, that each time Landlord disapproves of any portion of the Plans, Landlord’s subsequent comments Such abatement in rent shall be limited solely to the revisions to, or any new elements of, square footage of the Plans. If Landlord fails Premises in which Tenant is constructing the Tenant Improvements and is unable to approve or respond to Tenant’s initial request for construct the Tenant Improvements pending approval of such Working Drawings. The Working Drawings approved in writing by the Plans or to Tenants’ revisions to the Plans within the respective five (5) business day or two (2) day periods provided above, then Tenant may, within five (5) business days following the expiration of such five (5) business day or two (2) day period described above, provide to Landlord a second written request (the “Second Request”) stating in large, bold and capped font the following: “THIS IS TENANT’S SECOND REQUEST TO LANDLORD. LANDLORD FAILED TO TIMELY APPROVE OR RESPOND TO TENANT’S FIRST REQUEST FOR APPROVAL OF THE PLANS [or TENANT’S REVISIONS TO THE PLANS] IN ACCORDANCE WITH SECTION 1 OF EXHIBIT C-2 OF THE SECOND AMENDMENT TO LEASE. IF LANDLORD FAILS TO RESPOND TO THIS SECOND REQUEST FOR APPROVAL OF THE PLANS [OR TENANT’S REVISIONS TO THE PLANS] WITHIN FIVE (5) BUSINESS DAYS OF LANDLORD’S RECEIPT OF THIS SECOND REQUEST, TENANT’S PLANS [OR TENANT’S REVISIONS TO THE PLANS] SHALL BE DEEMED APPROVED BY LANDLORD.” If (a) Tenant’s Second Request strictly complies with the terms of this Section 1.2, and (b) Landlord fails to notify Tenant within five (5) business days of Landlord’s receipt of such Second Request, then the Plans, or the revisions thereto, as applicable, parties shall be deemed approved by Landlord. 1 - Exhibit “C-2” 13016-007 Fastly Second Amendmentreferred to as the "Final Plans."

Final Plans. Upon mutual the later to occur of (i) twelve (12) days after approval by Landlord and Tenant of the Space Planpreliminary budget for the Tenant Improvements, or (ii) September 9, 1996, Tenant shall cause Architect to be prepared such commence preparing complete plans, drawingsspecifications and working drawings which incorporate and are consistent with the approved Preliminary Plans and preliminary budget, and specifications which show in detail the intended design, construction and finishing of all portions of the Tenant Improvements described in the Preliminary Plans (collectively, the “"Final Plans”"). Tenant shall cause Architect to deliver the Final Plans to Landlord, for Landlord's review and approval, no later than September 27, 1996. Within five (5) as may be necessary to obtain a building permit for construction days after Landlord's receipt of the Extension ImprovementsFinal Plans, Landlord shall either approve or disapprove the Final Plans. Upon completion thereofIf Landlord disapproves the Final Plans, then Landlord shall state in reasonable detail the Plans changes which Landlord requires to be made thereto. Tenant shall be submitted submit to Landlord for approval. Landlord shall notify Tenant, in writing, revised Final Plans within five (5) business days following after Tenant's receipt by Landlord of Landlord's disapproval notice. Following Landlord's receipt of the revised Final Plans if from Tenant, Landlord approves shall have the Plans or disapproves of any portion thereof. Such disapproval shall be communicated with sufficient specificity right to enable Tenant to revise the Plans in a manner acceptable to Landlord. If Landlord objects to any portion of the Plans, Tenant shall cause the same to be revised, review and shall resubmit approve the revised Final Plans pursuant to Landlord for approvalthis Paragraph 2.2.3. Landlord shall have two (2) days to approve give Tenant written notice of its approval or disapprove disapproval of the revised Plans. The foregoing process shall continue until the Final Plans are approved by Landlord; provided, however, that each time Landlord disapproves of any portion of the Plans, Landlord’s subsequent comments shall be limited solely to the revisions to, or any new elements of, the Plans. If Landlord fails to approve or respond to Tenant’s initial request for approval of the Plans or to Tenants’ revisions to the Plans within the respective five (5) business day or two (2) day periods provided above, then Tenant may, within five (5) business days following after the expiration date of Landlord's receipt thereof. If Landlord disapproves the revised Final Plans, then Landlord and Tenant shall continue to follow the procedures set forth in this Paragraph 2.2.3 until either (x) Landlord and Tenant approve such five Final Plans in accordance with this Paragraph 2.2.3, or (5y) business day October 4, 1996. If Landlord and Tenant do not mutually agree upon the Final Plans on or two (2) day period described before October 4, 1996, then Landlord may in its sole discretion terminate this Lease upon written notice to Tenant. If Landlord neither approves nor disapproves the Final Plans within the applicable time periods provided above, provide to Landlord a second written request (the “Second Request”) stating in large, bold and capped font the following: “THIS IS TENANT’S SECOND REQUEST TO LANDLORD. LANDLORD FAILED TO TIMELY APPROVE OR RESPOND TO TENANT’S FIRST REQUEST FOR APPROVAL OF THE PLANS [or TENANT’S REVISIONS TO THE PLANS] IN ACCORDANCE WITH SECTION 1 OF EXHIBIT C-2 OF THE SECOND AMENDMENT TO LEASE. IF LANDLORD FAILS TO RESPOND TO THIS SECOND REQUEST FOR APPROVAL OF THE PLANS [OR TENANT’S REVISIONS TO THE PLANS] WITHIN FIVE (5) BUSINESS DAYS OF LANDLORD’S RECEIPT OF THIS SECOND REQUEST, TENANT’S PLANS [OR TENANT’S REVISIONS TO THE PLANS] SHALL BE DEEMED APPROVED BY LANDLORD.” If (a) Tenant’s Second Request strictly complies with the terms of this Section 1.2, and (b) Landlord fails to notify Tenant within five (5) business days of Landlord’s receipt of such Second Request, then the Plans, or the revisions thereto, as applicable, shall be deemed approved by Landlord. 1 - Exhibit “C-2” 13016-007 Fastly Second Amendmentto have disapproved the Final Plans as submitted.

Final Plans. Upon mutual Within thirty (30) days after any approval by both Landlord and Tenant of the Space PlanPreliminary Expansion Plans, Tenant the Preliminary Budget and the Preliminary Schedule pursuant to Section 27.3, Landlord shall cause to be prepared such prepared: (i) final plans, drawingsdrawings and specifications for the Expansion Premises (the "Final Expansion Plans") prepared, based on and in substantial accordance with the Preliminary Expansion Plans, and specifications designating any items required to be constructed or installed by Tenant at its own cost and expense (collectively, "Tenant's Work"); (ii) a comprehensive budget for the “Plans”) as may be necessary to obtain a building permit for construction of the Extension Improvements. Upon completion thereofExpansion Premises (the "Expansion Budget"); and (iii)a comprehensive schedule for the Construction of the Expansion Premises (the "Expansion Schedule"; the Final Expansion Plans, the Plans shall be submitted Expansion Budget and the Expansion Schedule being referred to Landlord for approvalherein collectively as the "Expansion Documents"). Landlord shall, within said thirty (30) day period, deliver the Expansion Documents to Tenant for its approval, which approval shall not be unreasonably withheld. Tenant shall notify TenantLandlord, in writing, of Tenant's approval or dixxxxxxval of the Expansion Documents within five thirty (530) business days after Tenant's receipt thereox. Xx Tenant disapproves any of the Expansion Documents,or any modification thereof, Landlord shall cause thesame to be modified in such respects as Landlord deems appropriate and resubmitted to Tenant within fifteen (15)days after receipt of Tenant's notice of disaxxxxxxl. In the event that Tenant,acting reasonably and in good faith, fails to approve all of the Expansion Documents within one hundred eighty (180) days after delivery of the Expansion Notice, then the Expansion Notice shall automatically be deemed withdrawn,and rendered null and void and Tenant shall pay to Landlord as Additional Rent, promptly following receipt demand, an amount equal to all costs and expenses reasonably paid or incurred by Landlord in connection with Tenant's exercise of the Plans if Landlord approves the Plans or disapproves Expansion Option, including, without limitati on, fees of any portion thereof. Such disapproval shall be communicated with sufficient specificity to enable Tenant to revise the Plans architects, engineers and consultants involved in a manner acceptable to Landlord. If Landlord objects to any portion 's review and approval of the Preliminary Expansion Plans, Tenant shall cause preparation of the same to be revisedExpansion Documents,the costs associated with preparing and negotiating the Amendment Terms, and shall resubmit the revised Plans to Landlord for approval. Landlord shall have two (2) days to approve any option or disapprove of the revised Plans. The foregoing process shall continue until the Plans are approved by Landlordsimilar fees; provided, however, that each time Landlord disapproves of any portion of Tenant may later deliver an Expansion Notice if Tenant later desires to attempt to exercise the PlansExpansion Option, Landlord’s subsequent comments shall be limited solely to the revisions to, or any new elements of, the Plans. If Landlord fails to approve or respond to Tenant’s initial request for approval of the Plans or to Tenants’ revisions to the Plans within the respective five (5) business day or two (2) day periods provided above, then Tenant may, within five (5) business days following the expiration of such five (5) business day or two (2) day period described above, provide to Landlord a second written request (the “Second Request”) stating in large, bold and capped font the following: “THIS IS TENANT’S SECOND REQUEST TO LANDLORD. LANDLORD FAILED TO TIMELY APPROVE OR RESPOND TO TENANT’S FIRST REQUEST FOR APPROVAL OF THE PLANS [or TENANT’S REVISIONS TO THE PLANS] IN ACCORDANCE WITH SECTION 1 OF EXHIBIT C-2 OF THE SECOND AMENDMENT TO LEASE. IF LANDLORD FAILS TO RESPOND TO THIS SECOND REQUEST FOR APPROVAL OF THE PLANS [OR TENANT’S REVISIONS TO THE PLANS] WITHIN FIVE (5) BUSINESS DAYS OF LANDLORD’S RECEIPT OF THIS SECOND REQUEST, TENANT’S PLANS [OR TENANT’S REVISIONS TO THE PLANS] SHALL BE DEEMED APPROVED BY LANDLORD.” If (a) Tenant’s Second Request strictly complies with which case the terms and conditions of this Section 1.2shall again apply. The Expansion Documents, and (b) Landlord fails to notify Tenant within five (5) business days of Landlord’s receipt of such Second Request, then the Plans, or the revisions thereto, as applicable, shall be deemed if approved by Landlord. 1 - Exhibit “C-2” 13016-007 Fastly Second AmendmentTenant, will supercede the Preliminary Expansion Plans.

Final Plans. Upon mutual the earlier to occur of (i) ten (10) ----------- days after approval by Landlord and Tenant of the Space Planpreliminary budget for the Tenant Improvements, or (ii) November 18, 1996, Tenant shall cause Architect to be prepared such commence preparing complete plans, drawingsspecifications and working drawings which incorporate and are consistent with the approved Preliminary Plans and preliminary budget, and specifications which show in detail the intended design, construction and finishing of all portions of the Tenant Improvements described in the Preliminary Plans (collectively, the “"Final Plans”"). Tenant shall cause ----------- Architect to deliver the Final Plans to Landlord, for Landlord's review and approval, no later than December 6, 1996. Within five (5) as may be necessary to obtain a building permit for construction days after Landlord's receipt of the Extension ImprovementsFinal Plans, Landlord shall either approve or disapprove the Final Plans, which approval shall not be unreasonably withheld. Upon completion thereofLandlord's failure to approve or disapprove the Final Plans within such five-day period shall constitute grounds for the assertion of a Landlord Delay, and Tenant shall have the Plans shall be submitted right to deliver a Delay Notice to Landlord for approvalas early as two (2) business days before expiration of such 5-day period. If Landlord disapproves the Final Plans, then Landlord shall notify Tenant, state in writing, reasonable detail the changes which Landlord requires to be made thereto. Tenant shall submit to Landlord revised Final Plans within five (5) business days following after Tenant's receipt by Landlord of Landlord's disapproval notice. Following Landlord's receipt of the revised Final Plans if from Tenant, Landlord approves shall have the Plans or disapproves of any portion thereof. Such disapproval shall be communicated with sufficient specificity right to enable Tenant to revise the Plans in a manner acceptable to Landlord. If Landlord objects to any portion of the Plans, Tenant shall cause the same to be revised, review and shall resubmit approve the revised Final Plans pursuant to Landlord for approvalthis Paragraph 2.2.3. Landlord shall have two (2) days to approve give Tenant --------------- written notice of its approval or disapprove disapproval of the revised Plans. The foregoing process shall continue until the Final Plans are approved by Landlord; provided, however, that each time Landlord disapproves of any portion of the Plans, Landlord’s subsequent comments shall be limited solely to the revisions to, or any new elements of, the Plans. If Landlord fails to approve or respond to Tenant’s initial request for approval of the Plans or to Tenants’ revisions to the Plans within the respective five (5) business day or two (2) day periods provided above, then Tenant may, within five (5) business days following after the expiration date of Landlord's receipt thereof. Landlord's failure to approve or disapprove the Final Plans within such five (5) business five-day or period shall constitute grounds for the assertion of a Landlord Delay, and Tenant shall have the right to deliver a Delay Notice to Landlord as early as two (2) day period described above, provide to Landlord a second written request (the “Second Request”) stating in large, bold and capped font the following: “THIS IS TENANT’S SECOND REQUEST TO LANDLORD. LANDLORD FAILED TO TIMELY APPROVE OR RESPOND TO TENANT’S FIRST REQUEST FOR APPROVAL OF THE PLANS [or TENANT’S REVISIONS TO THE PLANS] IN ACCORDANCE WITH SECTION 1 OF EXHIBIT C-2 OF THE SECOND AMENDMENT TO LEASE. IF LANDLORD FAILS TO RESPOND TO THIS SECOND REQUEST FOR APPROVAL OF THE PLANS [OR TENANT’S REVISIONS TO THE PLANS] WITHIN FIVE (5) BUSINESS DAYS OF LANDLORD’S RECEIPT OF THIS SECOND REQUEST, TENANT’S PLANS [OR TENANT’S REVISIONS TO THE PLANS] SHALL BE DEEMED APPROVED BY LANDLORD.” If (a) Tenant’s Second Request strictly complies with the terms of this Section 1.2, and (b) Landlord fails to notify Tenant within five (5) business days of Landlord’s receipt before expiration of such Second Request5-day period. If Landlord disapproves the revised Final Plans, then Landlord and Tenant shall continue to follow the Plans, or the revisions thereto, as applicable, shall be deemed approved by Landlordprocedures set forth in this Paragraph 2.2.3 until Landlord and Tenant --------------- reasonably approve such Final Plans in accordance with this Paragraph 2.2.3. 1 - Exhibit “C-2” 13016-007 Fastly Second Amendment---------------