Common use of Landlord Approvals Clause in Contracts

Landlord Approvals. Landlord's approvals of Tenant's Plans shall not be unreasonably withheld or delayed and may be subject to reasonable conditions, but Landlord's approval or disapproval of any Tenant's Plans shall be in Landlord's sole discretion if Tenant's proposed work would (a) require changes to structural components or exterior design of the Building, (b) require material modification to any Building's mechanical system or improvements or installation, or (c) have a negative impact on the value of the Building. Landlord shall, within ten (10) business days following receipt by Landlord of plans from Tenant, review, comment on and return the plans to Tenant, marked "Approved", "Approved as Noted" or "Disapproved as Noted, Revise and Resubmit". If the plans are returned to Tenant marked "Disapproved as Noted, Revise and Resubmit", Tenant shall cause such plans to be revised, taking into account the reasons for Landlord's disapproval, and shall resubmit revised plans to Landlord for review. The same procedure shall be repeated until Landlord fully approves the plans. Landlord shall Tenant agrees and understands that Landlord's review of all plans prepared by Tenant is solely to protect the interests of Landlord in the Building and the Premises, and Landlord shall not be the guarantor of, nor in any way or to any extent responsible for, the correctness or accuracy of any such plans or of the compliance of such plans with applicable regulations, laws, ordinances, codes and rules or of the conformance of such plans with existing conditions in the Building. Tenant shall require that its architects, engineers and contractors verify all existing conditions in the Building, insofar as they are relevant to, or may affect, the design and construction of the Tenant Improvements. Approval by Landlord of the Tenant's Plans prepared by Tenant shall not: (i) imply approval by Landlord as to compliance of such plans with applicable regulations, laws, ordinances, codes and rules; (ii) imply the compatibility of the plans with the Building; or (iii) limit Landlord's right, as a condition and at the time of Landlord's approval, to require changes in portions of the plans which are incompatible with or which, in the reasonable opinion of Landlord, adversely affect the Building structure or the electrical, plumbing, life safety or mechanical systems of the Building or which adversely affect the availability to Landlord of third party warranties. Tenant acknowledges that both the compliance of the Tenant's Plans with all applicable regulations, laws, ordinances, codes and rules and the compatibility of the Tenant's Plans with the Building structure and the mechanical, plumbing, life safety and electrical systems of the Building are the responsibility of Tenant.

Appears in 1 contract

Samples: Lease (Eden Bioscience Corp)

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Landlord Approvals. Landlord's approvals Landlord shall use good faith, diligent and commercially reasonable efforts to obtain (which obligation includes the timely preparation and submission of Tenant's Plans shall not be unreasonably withheld or delayed all applications and may be fees and the diligent pursuit thereof) all site, development, zoning and building approvals, variances consents, permits and authorizations in final and binding format which are no longer subject to reasonable conditionsappeal (collectively, but Landlord's approval or disapproval of any Tenant's Plans shall be in Landlord's sole discretion if Tenant's proposed work would (athe “Landlord Approvals”) require changes to structural components or exterior design perform and complete the Work within the time frames necessary for the timely completion of the BuildingWork as required by the Project Schedule, including for certainty, obtaining site plan approval and any required zoning variances in final and binding forms which are no longer subject to challenge or appeal (bcollectively, the “Site Permit”) require material modification by June 30, 2015 (the “Permit Termination Date”). If Landlord (1) is unable to any Building's mechanical system or improvements or installation, obtain the Site Permit; (2) does not have sufficient funds available to fund the Work (inclusive of the payment of the Construction Allowance) as and when such payments are due under the Construction Contract; or (c3) have a negative impact on has not commenced and is then diligently proceeding with the value foundation and earth-works components of the Building. Work, each by the Permit Termination Date, then, in each such case Tenant may terminate this Lease by delivering to Landlord shall, within written notice thereof at any time before the earlier of (A) ten (10) business days following receipt by the Permit Termination Date or (B) the date on which Landlord of plans from Tenantobtains the Site Permit, review, comment on obtains sufficient funds and return the plans to Tenant, marked "Approved", "Approved as Noted" or "Disapproved as Noted, Revise and Resubmit". If the plans are returned to Tenant marked "Disapproved as Noted, Revise and Resubmit", Tenant shall cause such plans to be revised, taking into account the reasons for Landlord's disapproval, and shall resubmit revised plans to Landlord for review. The same procedure shall be repeated until Landlord fully approves the plans. Landlord shall Tenant agrees and understands that Landlord's review of all plans prepared by Tenant is solely to protect the interests of Landlord in the Building and the Premises, and Landlord shall not be the guarantor of, nor in any way or to any extent responsible for, the correctness or accuracy of any such plans or of the compliance of such plans with applicable regulations, laws, ordinances, codes and rules or of the conformance of such plans with existing conditions in the Building. Tenant shall require that its architects, engineers and contractors verify all existing conditions in the Building, insofar as they are relevant to, or may affect, the design and commences construction of the earth-works, as aforesaid, as the case may be. Five days prior to the Permit Termination Date, Landlord shall deliver evidence reasonably satisfactory to Tenant Improvements. Approval by Landlord that it has satisfied each of the foregoing conditions. The termination right afforded to Tenant under this Section 2.1 shall be Tenant's Plans prepared by Tenant shall not: ’s sole remedy for Landlord’s failure to timely obtain the Site Permit, obtain sufficient funds to fund the Work (isubject to the joint and several liability of Landlord and Landlord’s Guarantor to fund the Construction Allowance as described in the Lease and the Landlord’s Guarantee) imply approval by Landlord as to compliance of such plans with applicable regulations, laws, ordinances, codes and rules; (ii) imply the compatibility commence construction of the plans with Work as aforesaid, save and except where Landlord is found in a final, non-appealable judgment by a court of competent jurisdiction to have failed to fully discharge its obligations under the Building; or (iii) limit Landlord's right, as a condition and at the time first sentence of Landlord's approval, to require changes in portions this Section 2.1. Time is of the plans which are incompatible with or which, in essence for the reasonable opinion of Landlord, adversely affect the Building structure or the electrical, plumbing, life safety or mechanical systems of the Building or which adversely affect the availability to Landlord of third party warranties. Tenant acknowledges that both the compliance of the Tenant's Plans with all applicable regulations, laws, ordinances, codes and rules and the compatibility of the Tenant's Plans with the Building structure and the mechanical, plumbing, life safety and electrical systems of the Building are the responsibility delivery of Tenant’s termination notice under this Section 2.1; accordingly, if Tenant fails timely to deliver any such notice, Tenant’s right to terminate this Lease under this Section 2.1 shall expire.

Appears in 1 contract

Samples: Lease Agreement (Ciena Corp)

Landlord Approvals. Landlord's approvals of Tenant's Plans Landlord shall not be unreasonably withheld withhold, ------------------ condition or delayed and delay the approval of the Plans (or clarifications thereto) except that Landlord may be subject withhold its approval with regard to reasonable conditions, but Landlord's approval or disapproval of any Tenant's Plans shall be in Landlord's sole discretion if Tenant's proposed work would Tenant Improvements which (a) require changes to structural components or will have an adverse visible impact from the exterior design of the Building, or (b) require material modification to any Building's mechanical system or improvements or installation, or (c) have a negative impact on will adversely affect the value structure of the BuildingBuilding (as a result of heavy loads or otherwise) or the electrical, heating, air conditioning, ventilation, plumbing, fire protection, life safety or other systems or equipment of the Building including the penthouse and the core. As a condition of Landlord's approval of the proposed Tenant Improvements, Landlord shallshall have the right to notify Tenant in writing at the time of such approval that Tenant will be required upon termination or expiration of this Lease to remove any specified Tenant Improvements constructed by the General Contractor or Tenant's contractors if in Landlord's reasonable judgment such Tenant Improvements are not customarily found in Class A office buildings in the Laurel, Maryland submarket and removal of such items would subject Landlord to unreasonable expense. If Tenant fails to remove such Tenant Improvements which were installed subject to such condition, Landlord may do so and Tenant shall pay Landlord the entire cost thereof within ten (10) business days following Business Days after receipt by Landlord of plans from Tenant, review, comment on and return the plans to Tenant, marked "Approved", "Approved as Noted" or "Disapproved as Noted, Revise and Resubmit". If the plans are returned to Tenant marked "Disapproved as Noted, Revise and Resubmit", Tenant shall cause such plans to be revised, taking into account the reasons for Landlord's disapproval, and shall resubmit revised plans to Landlord for review. The same procedure shall be repeated until Landlord fully approves the plans. Landlord shall Tenant agrees and understands that Landlord's review of all plans prepared by Tenant is solely to protect the interests of Landlord in the Building and the Premises, and Landlord shall not be the guarantor of, nor in any way or to any extent responsible for, the correctness or accuracy of any such plans or of the compliance of such plans with applicable regulations, laws, ordinances, codes and rules or of the conformance of such plans with existing conditions in the Building. Tenant shall require that its architects, engineers and contractors verify all existing conditions in the Building, insofar as they are relevant to, or may affect, the design and construction of the Tenant Improvements. Approval by Landlord of the Tenant's Plans prepared by Tenant shall not: (i) imply approval by Landlord as to compliance of such plans with applicable regulations, laws, ordinances, codes and rules; (ii) imply the compatibility of the plans with the Building; or (iii) limit Landlord's right, as a condition and at the time of Landlord's approval, to require changes in portions written demand therefor and this obligation shall survive the termination or expiration of the plans which are incompatible with or which, in the reasonable opinion of Landlord, adversely affect the Building structure or the electrical, plumbing, life safety or mechanical systems of the Building or which adversely affect the availability to Landlord of third party warranties. Tenant acknowledges that both the compliance of the Tenant's Plans with all applicable regulations, laws, ordinances, codes and rules and the compatibility of the Tenant's Plans with the Building structure and the mechanical, plumbing, life safety and electrical systems of the Building are the responsibility of Tenantthis Lease.

Appears in 1 contract

Samples: Deed of Lease (Digex Inc/De)

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Landlord Approvals. Landlord's ’s approvals of Tenant's ’s Plans shall not be unreasonably withheld or delayed and may be subject to reasonable conditions, but Landlord's ’s approval or disapproval of any Tenant's ’s Plans shall be in Landlord's ’s sole discretion if Tenant's ’s proposed work would (a) require changes to structural components or exterior design of the Building, or (b) require material modification to any Building's ’s mechanical system or improvements or installation, or (c) have a negative impact on the value of the Building. Landlord shall, within ten (10) business days Business Days following receipt by Landlord of plans from Tenant, review, comment on and return the plans to Tenant, marked "Approved", "Approved as Noted" or "Disapproved as Noted, Revise and Resubmit". If the plans are returned to Tenant marked "Disapproved as Noted, Revise and Resubmit", Tenant shall cause such plans to be revised, taking into account the reasons for Landlord's ’s disapproval, and shall resubmit revised plans to Landlord for review. The same procedure shall be repeated until Landlord fully approves the plans. Landlord shall be entitled to reimbursement from Tenant on demand for the third-party costs incurred by Landlord in reviewing plans hereunder. Tenant agrees and understands that Landlord's ’s review of all plans prepared by Tenant is solely to protect the interests of Landlord in the Building and the Premises, and Landlord shall not be the guarantor of, nor in any way or to any extent responsible for, the correctness or accuracy of any such plans or of the compliance of such plans with applicable regulations, laws, ordinances, codes and rules or of the conformance of such plans with existing conditions in the Building. Tenant shall require that its architects, engineers and contractors verify all existing conditions in the Building, insofar as they are relevant to, or may affect, the design and construction of the Tenant Improvements. Approval by Landlord of the Tenant's Plans prepared by Tenant shall not: (i) imply approval by Landlord as to compliance of such plans with applicable regulations, laws, ordinances, codes and rules; (ii) imply the compatibility of the plans with the Building; or (iii) limit Landlord's right, as a condition and at the time of Landlord's approval, to require changes in portions of the plans which are incompatible with or which, in the reasonable opinion of Landlord, adversely affect the Building structure or the electrical, plumbing, life safety or mechanical systems of the Building or which adversely affect the availability to Landlord of third party warranties. Tenant acknowledges that both the compliance of the Tenant's Plans with all applicable regulations, laws, ordinances, codes and rules and the compatibility of the Tenant's Plans with the Building structure and the mechanical, plumbing, life safety and electrical systems of the Building are the responsibility of Tenant.the

Appears in 1 contract

Samples: Nastech Pharmaceutical Co Inc

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