Common use of Leasehold Improvement Plans Clause in Contracts

Leasehold Improvement Plans. On or before April 6, 1998 (extended by one (1) day for each day of Deadline Extension), Tenant will cause its architect to prepare and deliver to Landlord preliminary plans and specifications for the Original Leasehold Improvements (the "ORIGINAL LEASEHOLD IMPROVEMENTS PLANS"). While these preliminary plans and specifications are not required to be permit-ready, they must show sufficient detail concerning all aspects of the Original Leasehold Improvements Plans so that making them permit-ready is only a matter of incorporating technical details. Each day following April 6, 1998 (extended by one (1) day for each day of Deadline Extension), until Tenant delivers the preliminary Original Leasehold Improvements Plans will be a day of Plan Approval Delay. Within five (5) business days after receipt of the preliminary Leasehold Improvement Plans, Landlord will either approve the same in writing or notify Tenant in writing of Landlord's objections to the preliminary Original Leasehold Improvements Plans and how the preliminary Original Leasehold Improvements Plans must be changed in order to make them acceptable to Landlord. Landlord can only object to the preliminary Original Leasehold Improvements Plans on the grounds that they would adversely affect the structural integrity of the Original Base Building or materially modify any portion of the Core Building Systems and cannot object in any subsequent review to any matter not raised in a preceding review, unless the item objected to was not included in any of the previous versions of the Original Leasehold Improvements Plans or such item was so included, but has been affected by a subsequent change to the Original Leasehold Improvements Plans. However, under all circumstances, Tenant has the right to select the following items as they apply to the Original Leasehold Improvements, but only as long as such items are available to comply with the schedule of construction of the Original Building: exterior brick, glass, and metal frames; restroom finishes (including, without limitation, ceramic tile and toilet partitions); lobby finishes; elevator cab finishes; landscaping; and common area interior finishes, doors and hardware. If Landlord fails to respond in the manner set forth above within five (5) business days after the date Tenant delivers the preliminary Original Leasehold Improvements Plans to Landlord or objects to the preliminary Original Leasehold Improvements Plans on any grounds other than those set forth in this SECTION 3.3, then Landlord will be conclusively deemed to have approved the preliminary Original Leasehold Improvements Plans. Within five (5) business days after Tenant's receipt of Landlord's notice of objections (if such objections meet the requirements set forth above), Tenant will cause its architect to prepare revised Original Leasehold Improvements Plans according to such notice and submit the revised Original Leasehold Improvements Plans to Landlord. Upon submittal to Landlord of the revised Original Leasehold Improvements Plans, and upon submittal of any further revisions, the procedures described above will be repeated until Landlord and Tenant have reached agreement. Once they have reached agreement, Tenant must promptly prepare permit-ready Original Leasehold Improvements Plans to Landlord for Landlord's approval. The only grounds upon which Landlord can object to such permit-ready Original Leasehold Improvements Plans is that they materially differ from the final approved Original Leasehold Improvements Plans. Landlord's failure to respond to Tenant's submissions within five (5) business days after Tenant delivers such permit-ready Original Leasehold Improvements Plans to Landlord constitutes Landlord's approval of such permit-ready Original Leasehold Improvements Plans. The permit-ready Original Leasehold Improvements Plans, as finally approved, are referred to in this Lease as the "APPROVED LEASEHOLD IMPROVEMENTS PLANS." Each day following April 20, 1998 (extended by one (1) day for each day of Deadline Extension), that the Approved Original Leasehold Improvements Plans have not been approved by Landlord and Tenant for any reason other than Landlord's failure to perform or respond as required by this SECTION 3.3 shall constitute a Plan Approval Delay. Each day that Landlord does not perform or respond as required by this SECTION 3.3 will constitute a day of Deadline Extension.

Leasehold Improvement Plans. Landlord will cause the Leasehold Improvement Architect to prepare (and, as appropriate, revise) plans, drawings specifications and construction documents for the Leasehold Improvements. In no event will any such plans, drawings, specifications and other construction documents require or result in a change in the scope, design or general quality of the Base Building as reflected in the Review Plans and Specifications and/or the Base Building Plans. On or before April 6August 1, 1998 (extended by one (1) day for each day of Deadline Extension)2001, Tenant will cause its architect to prepare all such plans, drawings, specifications and deliver to Landlord preliminary plans and specifications for the Original Leasehold Improvements (the "ORIGINAL LEASEHOLD IMPROVEMENTS PLANS"). While these preliminary plans and specifications are not required to be permit-ready, they must show sufficient detail concerning all aspects of the Original Leasehold Improvements Plans so that making them permit-ready is only a matter of incorporating technical details. Each day following April 6, 1998 (extended by one (1) day for each day of Deadline Extension), until Tenant delivers the preliminary Original Leasehold Improvements Plans construction documents will be a day of Plan Approval Delay. Within five (5) business days after receipt of the preliminary Leasehold Improvement Planssubmitted to Tenant and Tenant will, Landlord will by appropriate marking, either approve the same or provide specific indications of rejections and requested revisions (in writing which event the relevant plans, drawings, specifications or notify other construction documents will be revised by the Leasehold Improvement Architect and resubmitted to Tenant in writing of on or before 10 Business Days after Landlord's objections receipt of Tenant's specific indications of rejections or requested revisions, and the process repeated, until finally approved in full; provided, however, in no event will this process extend beyond August 26, 2001). Notwithstanding the generality of the foregoing, in no event will Tenant have any right to reject or request any revision to any plans, drawings, specifications or other construction documents for the preliminary Original Leasehold Improvements if the same would (i) require or result in a change in the scope, design or general quality of the Base Building as reflected in the Review Plans and how Specifications and/or the preliminary Original Leasehold Improvements Plans must be changed in order to make them acceptable to Landlord. Landlord can only object to the preliminary Original Leasehold Improvements Plans Building Plans, (ii) have an adverse impact on the grounds that they would adversely affect Base Building Systems, (iii) have an adverse impact on the structural integrity exterior appearance of the Original Base Building or materially modify the Additional Premises, or (iv) have an adverse impact on the appearance or functionality of any portion common areas located on a floor where the Tenant does not lease the entire floor. Tenant will approve or provide specific indications of rejections and requested revisions to any items submitted (or resubmitted) pursuant to this subparagraph (b) no later than 5 Business Days after receipt by Tenant. The failure of Tenant to notify Landlord of approval or disapproval of the Core Building Systems and cannot object in any subsequent review items submitted to any matter not raised in a preceding review, unless the item objected to was not included in any of the previous versions of the Original Leasehold Improvements Plans or such item was so included, but has been affected by a subsequent change to the Original Leasehold Improvements Plans. However, Tenant under all circumstances, Tenant has the right to select the following items as they apply to the Original Leasehold Improvements, but only as long as such items are available to comply with the schedule of construction of the Original Building: exterior brick, glass, and metal frames; restroom finishes this subsection (including, without limitation, ceramic tile and toilet partitions); lobby finishes; elevator cab finishes; landscaping; and common area interior finishes, doors and hardware. If Landlord fails to respond in the manner set forth above b) within five (5) business days after the date Tenant delivers the preliminary Original Leasehold Improvements Plans to Landlord or objects to the preliminary Original Leasehold Improvements Plans on any grounds other than those set forth in this SECTION 3.3, then Landlord will be conclusively deemed to have approved the preliminary Original Leasehold Improvements Plans. Within five (5) business days 5 Business Days after Tenant's receipt of Landlord's notice of objections (if such objections meet the requirements set forth above), Tenant items will cause its architect be deemed to prepare revised Original Leasehold Improvements Plans according to such notice and submit the revised Original Leasehold Improvements Plans to Landlord. Upon submittal to Landlord of the revised Original Leasehold Improvements Plansbe an approval thereof by Tenant, and upon submittal of any further revisionsto the extent appropriate, incorporated in the procedures described above will be repeated until Landlord and Tenant have reached agreement. Once they have reached agreement, Tenant must promptly prepare permit-ready Original Leasehold Improvements Plans to Landlord for Landlord's approval. The only grounds upon which Landlord can object to such permit-ready Original Leasehold Improvements Plans is that they materially differ from the final approved Original Leasehold Improvements Plans. Landlord's failure to respond to Tenant's submissions within five (5) business days after Tenant delivers such permit-ready Original Leasehold Improvements Plans to Landlord constitutes Landlord's approval of such permit-ready Original Leasehold Improvements Plans. The permit-ready Original Leasehold Improvements Plans, as finally approved, are referred to in this Lease as the "APPROVED LEASEHOLD IMPROVEMENTS PLANSWork." Each day following April 20, 1998 (extended by one (1) day for each day of Deadline Extension), that the Approved Original Leasehold Improvements Plans have not been approved by Landlord and Tenant for any reason other than Landlord's failure to perform or respond as required by this SECTION 3.3 shall constitute a Plan Approval Delay. Each day that Landlord does not perform or respond as required by this SECTION 3.3 will constitute a day of Deadline Extension.

Leasehold Improvement Plans. On or before April 6, 1998 (extended by one (1) day for each day of Deadline Extension), Tenant will cause its architect to prepare and deliver to Landlord preliminary plans and specifications for the Original Leasehold Improvements (the "ORIGINAL LEASEHOLD IMPROVEMENTS PLANSOriginal Leasehold Improvements Plans"). While these preliminary plans and specifications are not required to be permit-ready, they must show sufficient detail concerning all aspects of the Original Leasehold Improvements Plans so that making them permit-ready is only a matter of incorporating technical details. Each day following April 6, 1998 (extended by one (1) day for each day of Deadline Extension), until Tenant delivers the preliminary Original Leasehold Improvements Plans will be a day of Plan Approval Delay. Within five (5) business days after receipt of the preliminary Leasehold Improvement Plans, Landlord will either approve the same in writing or notify Tenant in writing of Landlord's objections to the preliminary Original Leasehold Improvements Plans and how the preliminary Original Leasehold Improvements Plans must be changed in order to make them acceptable to Landlord. Landlord can only object to the preliminary Original Leasehold Improvements Plans on the grounds that they would adversely affect the structural integrity of the Original Base Building or materially modify any portion of the Core Building Systems and cannot object in any subsequent review to any matter not raised in a preceding review, unless the item objected to was not included in any of the previous versions of the Original Leasehold Improvements Plans or such item was so included, but has been affected by a subsequent change to the Original Leasehold Improvements Plans. However, under all circumstances, Tenant Xxxxxx has the right to select the following items as they apply to the Original Leasehold Improvements, but only as long as such items are available to comply with the schedule of construction of the Original Building: exterior brick, glass, and metal frames; restroom finishes (including, without limitation, ceramic tile and toilet partitions); lobby finishes; elevator cab finishes; landscaping; and common area interior finishes, doors and hardware. If Landlord fails to respond in the manner set forth above within five (5) business days after the date Tenant delivers the preliminary Original Leasehold Improvements Plans to Landlord or objects to the preliminary Original Leasehold Improvements Plans on any grounds other than those set forth in this SECTION Section 3.3, then Landlord will be conclusively deemed to have approved the preliminary Original Leasehold Improvements Plans. Within five (5) business days after TenantXxxxxx's receipt of Landlord's notice of objections (if such objections meet the requirements set forth above), Tenant will cause its architect to prepare revised Original Leasehold Improvements Plans according to such notice and submit the revised Original Leasehold Improvements Plans to Landlord. Upon submittal to Landlord of the revised Original Leasehold Improvements Plans, and upon submittal of any further revisions, the procedures described above will be repeated until Landlord and Tenant have reached agreement. Once they have reached agreement, Tenant Xxxxxx must promptly prepare permit-ready Original Leasehold Improvements Plans to Landlord for Landlord's approval. The only grounds upon which Landlord can object to such permit-ready Original Leasehold Improvements Plans is that they materially differ from the final approved Original Leasehold Improvements Plans. LandlordXxxxxxxx's failure to respond to TenantXxxxxx's submissions within five (5) business days after Tenant delivers such permit-ready Original Leasehold Improvements Plans to Landlord constitutes Landlord's approval of such permit-ready Original Leasehold Improvements Plans. The permit-ready Original Leasehold Improvements Plans, as finally approved, are referred to in this Lease as the "APPROVED LEASEHOLD IMPROVEMENTS PLANSApproved Leasehold Improvements Plans." Each day following April 20, 1998 (extended by one (1) day for each day of Deadline Extension), that the Approved Original Leasehold Improvements Plans have not been approved by Landlord and Tenant for any reason other than Landlord's failure to perform or respond as required by this SECTION Section 3.3 shall constitute a Plan Approval Delay. Each day that Landlord does not perform or respond as required by this SECTION Section 3.3 will constitute a day of Deadline Extension.