Common use of Landlord Consent; Procedure Clause in Contracts

Landlord Consent; Procedure. Tenant shall not make or permit to be made any Alterations without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditional or delayed. Landlord shall not unreasonably withhold or delay its consent to the proposed Alterations, provided that by way of example and without limitation, it shall be reasonable for Landlord to withhold its consent to any proposed Alteration that (i) would adversely affect the structural portions of the Building or Building Systems, or (ii) require work to be performed in portions of the Building outside the Premises in order to comply with Applicable Laws (unless Tenant agrees to pay for such work), or (iii) would materially adversely affect the cooling of the Premises. Landlord may not disapprove of an Alteration solely because it is reflects an Incompatible Use. Landlord shall grant or withhold its approval of any Alterations within ten (10) business days from receipt of Tenant’s request accompanied by all documentation reasonably necessary to evaluate the proposed Alterations, provided that Landlord must notify Tenant of any additional information Landlord deems reasonably necessary to evaluate the proposed Alterations within five (5) business days after receipt of Tenant’s submittal, or the information submitted by Tenant shall be deemed sufficient. If Landlord fails to respond to Tenant’s request within such ten (10)-business day period, Tenant may provide a second request for approval to Landlord, and if Landlord fails to respond within five (5) business days after receipt of Tenant’s second request, then Landlord’s approval shall be deemed given (but the Alternations must nonetheless comply with all the requirements of this Section 10, with exception of the Landlord-consent requirement). If Landlord reasonably disapproves of proposed Alterations, or requests additional information regarding such Alterations, Tenant shall revise the plans and specifications for those Alterations reasonably disapproved by Landlord and resubmit such plans to Landlord or otherwise provide such additional information to Landlord. Landlord shall, within five (5) business days after receipt of Tenant’s revised plans and specifications for proposed Alterations, approve or reasonably disapprove such Alterations, and if reasonably disapproved, Landlord shall advise Tenant of any additional changes which may be required to obtain Landlord’s approval. If Landlord fails to respond within such five (5)-business day period, then such revised plans and specifications shall be deemed approved. This process shall continue until Landlord has approved (or been deemed to have approved) the applicable Alterations or Tenant has withdrawn its request for Landlord’s approval. Notwithstanding the preceding, Landlord may not subsequently disapprove of proposed Alterations or any portion thereof that it has previously approved. No review or approval by Landlord of such plans and specifications shall be deemed to create any liability of any kind on the part of Landlord or to constitute a representation on the part of Landlord or any professional consulted by Landlord in connection with such review and approval, that such plans and specifications are correct or accurate, or comply with Applicable Laws.

Landlord Consent; Procedure. Tenant shall not make or permit to be made any Alterations without Landlord’s prior written consent, which consent shall not as to only any Major Alterations may be unreasonably withheld, conditional given or delayedwithheld in Landlord’s sole discretion. Landlord shall not unreasonably withhold or delay its consent agrees to the proposed Alterations, provided that by way of example and without limitation, it shall be reasonable for Landlord to withhold its consent respond to any proposed Alteration that (i) would adversely affect the structural portions of the Building or Building Systems, or (ii) require work to be performed in portions of the Building outside the Premises in order to comply with Applicable Laws (unless written request by Tenant agrees to pay for such work), or (iii) would materially adversely affect the cooling of the Premises. Landlord may not disapprove of an Alteration solely because it is reflects an Incompatible Use. Landlord shall grant or withhold its approval of any Alterations tendered to Landlord in accordance with the terms and conditions of this Lease which approval is required hereunder within ten (10) business days from receipt after delivery of Tenant’s written request accompanied by all documentation reasonably necessary (provided, however, of such Alterations are structural in nature, such time period shall be increased to evaluate fifteen (15) business days); Landlord’s response shall be in writing and, if Landlord withholds its consent, Landlord shall specify in reasonable detail in Landlord’s notice of disapproval, the proposed Alterations, provided that basis for such disapproval. If Landlord must fails to notify Tenant of any additional information Landlord’s approval or disapproval within such ten (10) business day period (or fifteen (15) business day period, as the case may be), Tenant shall have the right to provide Landlord deems reasonably necessary with a second written request for approval (a “Second Request”) that specifically identifies the applicable Plans and contains the following statement in bold and capital letters: “THIS IS A SECOND REQUEST FOR APPROVAL PURSUANT TO THE PROVISIONS OF SECTION 10.1 OF THE LEASE. IF LANDLORD FAILS TO RESPOND WITHIN FIVE (5) BUSINESS DAYS AFTER RECEIPT OF THIS NOTICE, THEN LANDLORD SHALL BE DEEMED TO HAVE APPROVED THE ALTERATIONS DESCRIBED HEREIN.” If Landlord fails to evaluate the proposed Alterations respond to such Second Request within five (5) business days after receipt of Tenant’s submittalby Landlord, or the information submitted by Tenant work in question (other than structural Alterations) shall be deemed sufficientapproved by Landlord. If Landlord fails timely delivers to respond to TenantTenant notice of Landlord’s request within such ten (10)-business day perioddisapproval of any plans, Tenant may provide a second request for approval to Landlord, and if Landlord fails to respond within five (5) business days after receipt of revise Tenant’s second request, then plans to incorporate the changes suggested by Landlord in Landlord’s approval shall be deemed given (but the Alternations must nonetheless comply with all the requirements notice of this Section 10disapproval, with exception of the Landlord-consent requirement). If Landlord reasonably disapproves of proposed Alterations, or requests additional information regarding such Alterations, Tenant shall revise the plans and specifications for those Alterations reasonably disapproved by Landlord and resubmit such plans to Landlord or otherwise provide Landlord; in such additional information to Landlord. Landlord shallevent, within five (5) business days after receipt the scope of Tenant’s revised plans and specifications for proposed Alterations, approve or reasonably disapprove such Alterations, and if reasonably disapproved, Landlord shall advise Tenant of any additional changes which may be required to obtain Landlord’s approval. If Landlord fails to respond within such five (5)-business day period, then such revised plans and specifications shall be deemed approved. This process shall continue until Landlord has approved (or been deemed to have approved) the applicable Alterations or Tenant has withdrawn its request for Landlord’s approval. Notwithstanding the preceding, Landlord may not subsequently disapprove of proposed Alterations or any portion thereof that it has previously approved. No review or approval by Landlord of such plans and specifications shall be deemed limited to create any liability Tenant’s correction of any kind on the part of items in which Landlord or to constitute a representation on the part of Landlord or any professional consulted by Landlord in connection with such review and approval, that such plans and specifications are correct or accurate, or comply with Applicable Laws.had

Landlord Consent; Procedure. Except to the extent set forth herein, Tenant shall not make or permit to be made any Alterations Alterations, without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditional conditioned or delayed. Except in connection with Minor Alterations, Tenant shall submit complete and detailed architectural, mechanical and engineering plans and specifications for the proposed Alterations (to the extent that such plans and specifications would customarily be prepared given the nature of the proposed Alterations) to Landlord at least ten (10) business days prior to the commencement of the work. Landlord shall not unreasonably withhold withhold, condition or delay its consent to the proposed Alterations, provided that by way of example and without limitation, it shall be reasonable for Landlord to withhold its consent to any proposed Alteration that (i) would materially adversely affect the structural portions of the Building or Building Systems, or (ii) require work to be performed in portions of the Building outside the Premises in order to comply with Applicable Laws (unless Tenant agrees to pay for such work), ) or (iii) would materially adversely affect the cooling of the Premises. Landlord may not disapprove of an Alteration solely because it is reflects an Incompatible Use. Landlord shall grant or withhold its approval of any Alterations within ten (10) business days from receipt of Tenant’s request accompanied by all documentation reasonably necessary to evaluate the proposed Alterations, provided that Landlord must notify Tenant of any additional information Landlord deems reasonably necessary to evaluate the proposed Alterations within five eight (5) 8) business days after receipt of Tenant’s submittal, or the information submitted by Tenant shall be deemed sufficient. If Landlord fails to respond to TenantTxxxxx’s request within such ten (10)-business 10) business day period, Tenant may provide a second request for approval to Landlord, and if Landlord fails to respond within five two (52) business days after receipt of Tenant’s second request, then LandlordLxxxxxxx’s approval shall be deemed given (but the Alternations must nonetheless comply with all the requirements of this Section 10, with exception of the Landlord-consent requirement)given. If Landlord reasonably disapproves of proposed Alterations, or requests additional information regarding such Alterations, Tenant shall revise the plans and specifications for those Alterations reasonably disapproved by Landlord and resubmit such plans to Landlord or otherwise provide such additional information to Landlord. Landlord shall, within five (5) business days after receipt of TenantTxxxxx’s revised plans and specifications for proposed Alterations, approve or reasonably disapprove such Alterations, and if reasonably disapproved, Landlord shall advise Tenant of any additional changes which may be required to obtain Landlord’s approval. If Landlord fails to respond within such five (5)-business 5) business day period, then such revised plans and specifications shall be deemed approved. This process shall continue until Landlord has approved (or been deemed to have approved) the applicable Alterations or Tenant has withdrawn its request for Landlord’s approval. Notwithstanding the precedinganything to the contrary contained herein, Landlord may not subsequently disapprove of proposed Alterations or any portion thereof that it has previously approved. No review or approval by Landlord of such plans and specifications shall be deemed to create any liability of any kind on the part of Landlord or to constitute a representation on the part of Landlord or any professional consulted by Landlord in connection with such review and approval, that such plans and specifications are correct or accurate, or comply with Applicable Laws.

Landlord Consent; Procedure. Tenant shall not make or permit to be made any Major Alterations without Landlord’s 's prior written consent, which consent shall not be unreasonably withheld, conditional conditioned or delayed. If Landlord shall has not unreasonably withhold or delay its consent responded to the proposed Alterations, provided that by way of example and without limitation, it shall be reasonable Tenant's request for Landlord to withhold its consent to any proposed Alteration that (i) would adversely affect the structural portions of the Building or Building Systems, or (ii) require work to be performed in portions of the Building outside the Premises in order to comply with Applicable Laws (unless Tenant agrees to pay for such work), or (iii) would materially adversely affect the cooling of the Premises. Landlord may not disapprove of an Alteration solely because it is reflects an Incompatible Use. Landlord shall grant or withhold its approval of any proposed Major Alterations within ten thirty (1030) business days from after receipt of Tenant’s request accompanied by all documentation reasonably necessary to evaluate 's request, Tenant may give Landlord a second notice requesting approval. The second notice must specifically reference this Section 10.1 and prominently state in capital or bold letters that the proposed Alterations, provided that Major Alterations previously submitted by Tenant shall be deemed approved unless Landlord must notify Tenant of any additional information Landlord deems reasonably necessary to evaluate the proposed Alterations objects thereto within five (5) business days after receipt of Tenant’s submittal, or the information submitted by Tenant shall be deemed sufficientsuch second notice. If Landlord fails to respond to Tenant’s request within such ten (10)-business day period, Tenant may provide a second request for approval to Landlord, and if Landlord fails to respond within five (5) business days after receipt of Tenant’s such second requestnotice, then Landlord’s approval Landlord shall be deemed given (but the Alternations must nonetheless comply with all the requirements of this Section 10, with exception to have approved of the Landlord-consent requirement)proposed Major Alterations. If Landlord reasonably disapproves of any proposed Major Alterations, such disapproval shall state with reasonable particularity the reasons for such disapproval. Further, upon Tenant's written request expressly referring to this Section 10.1, Landlord shall advise Tenant at the time of Landlord's approval of any Major Alterations, or requests additional information regarding within ten (10) business days after such written request by Tenant with respect to Minor Alterations, whether Landlord will require the removal of the applicable Alterations and restoration of the Premises to its previous condition at the expiration or earlier termination of this Lease. If Landlord fails to respond to such written request by Tenant shall revise seeking to confirm Tenant's removal obligation, Tenant may give Landlord a second notice inquiring about Tenant's removal obligation. The second notice must specifically reference this Section 10.1 and prominently state in capital or bold letters that Tenant will not be obligated to remove the plans Major Alterations or Minor Alterations described in Tenant's earlier notice and specifications for those Alterations reasonably disapproved by restore the Premises to its previous condition unless Landlord and resubmit notifies Tenant of such plans to Landlord or otherwise provide such additional information to Landlord. Landlord shall, removal requirement within five (5) business days after receipt of Tenant’s revised plans and specifications for proposed Alterations, approve or reasonably disapprove such Alterations, and if reasonably disapproved, Landlord shall advise Tenant of any additional changes which may be required to obtain Landlord’s approvalsecond notice. If Landlord fails to respond within such five (5)-business day period5) business days after receipt of such second notice, then such revised plans and specifications Tenant shall be deemed approved. This process shall continue until Landlord has approved (or been deemed have no obligation to have approved) remove the applicable Alterations or Tenant has withdrawn and restore the Premises to its request for Landlord’s approval. Notwithstanding the preceding, Landlord may not subsequently disapprove of proposed Alterations or any portion thereof that it has previously approved. No review or approval by Landlord of such plans and specifications shall be deemed to create any liability of any kind on the part of Landlord or to constitute a representation on the part of Landlord or any professional consulted by Landlord in connection with such review and approval, that such plans and specifications are correct or accurate, or comply with Applicable Lawsprevious condition.