Common use of LANDLORD'S APPROVALS Clause in Contracts

LANDLORD'S APPROVALS. In connection with the performance by Tenant of all of its duties and obligations as set forth in this Agreement, Tenant acknowledges and agrees that it is obligated to secure the prior written approval from Landlord with respect to all matters not previously authorized pursuant to the Development Plan and Budget in accordance with the procedures set forth below. Without limiting the foregoing, Tenant shall submit to Landlord, for Landlord’s review and approval, which approval shall not be unreasonably withheld, such items expressly requiring Landlord’s prior written approval pursuant to this Agreement. Landlord’s prior written approval shall be secured by Tenant in accordance with the following procedures: 4.1 Tenant shall prepare and submit to the Landlord, for Landlord’s review and approval, all matters expressly required to be reviewed and approved by Landlord pursuant to this Agreement, together with any original documents, agreements, instruments, correspondence and other information reasonably required by Landlord to make a determination as to the matters being reviewed and approved “Submission”). All Submissions to be made to Landlord pursuant to this Section 4 shall only be effective if such Submissions are delivered pursuant to the provisions of this Agreement. 4.2 Each Submission shall include a notation on the transmittal letter accompanying such Submission, which states that the matters being delivered to Landlord shall be deemed approved by Landlord, unless Landlord timely delivers its notice of disapproval pursuant to this Section 4. 4.3 Landlord shall have a period of ten (10) calendar days after receipt by Landlord of each Submission in which to review such Submission and deliver to Tenant written notice of either its approval or disapproval with respect to the matters being reviewed or of any additional information reasonably required by Landlord in order to make such a determination. Landlord shall notify Tenant as soon as reasonably practicable in the event Landlord requires such additional information. 4.4 In the event Landlord fails to timely deliver to Tenant written notice of its approval or disapproval of the Submission pursuant to Section 4.3 hereof, the Submission shall be deemed approved. 4.5 In the event Landlord timely approves (or is deemed to have approved) any such Submission, the Landlord and/or the Tenant, as applicable, shall take such actions required to implement such approved matters. 4.6 In the event Landlord disapproves of any of the matters of such Submission (“Disapproved Matters”), Landlord shall advise Tenant in writing of its disapproval and the basis for such disapproval. In such a case, Tenant may take such actions required to satisfy Landlord with respect to the Disapproved Matters and resubmit such matters to Landlord, for Landlord’s review and approval, pursuant to this Section 4.