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. 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.

Leasehold Improvement Plans. On (a) Tenant, at Tenant’s expense, will cause the Leasehold Improvement Architect to prepare and provide to Landlord and the Base Building Architect (and, as appropriate, revise) the Leasehold Improvement Plans (full size sheets and in PDF format) in accordance with the relevant time frames set forth in the Construction Schedule and in accordance with all Legal Requirements. (b) In order to maintain the milestone dates in the Construction Schedule on a timely basis in accordance with this Addendum, in no event will the Leasehold Improvement Plans require or before April 6result in a change in the scope, 1998 design, or general quality of the Base Building as reflected in the Issued for Permit Plans. All such Leasehold Improvement Plans that are prepared by the Leasehold Improvement Architect will be submitted to Landlord and Landlord will, by appropriate marking, either approve the same or provide specific reasonable indications of rejections and requested revisions (extended in which event the relevant plans, drawings, specifications or other construction documents will be revised by the Leasehold Improvement Architect and resubmitted to Landlord, and the process repeated, until finally approved in full), and any approval of Landlord will not be unreasonably withheld, delayed, or conditioned. Notwithstanding the generality of the foregoing, in no event will Landlord have any right to reject or request any revision to any Leasehold Improvement Plans unless 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 Issued for Permit Plans, (ii) have an adverse impact on the Base Building Systems, or (iii) have an adverse impact on the exterior appearance of the Base Building. Landlord will approve or provide specific reasonable indications of rejections and requested revisions to any items submitted (or resubmitted) pursuant to this Section no later than ten (10) business days after initial receipt thereof by Landlord, and no later than five (5) business days upon any subsequent review thereafter, until the Leasehold Improvement Plans are approved by Landlord. If Landlord fails to respond within the applicable time period, then Tenant may provide Landlord a written reminder notice with respect thereto. If Landlord fails to respond within three (3) business days after receipt of such reminder notice, then Landlord shall be deemed to have approved the applicable submission. To the extent any delay in the completion of the Leasehold Improvement Plans is caused by any delay in the review of the Leasehold Improvement Plans by Landlord, such delay will not constitute a Tenant Delay. (c) Nothing in this Section shall be deemed to limit Tenant’s right to request changes to the Base Building Plans or the Leasehold Improvement Plans pursuant to the provisions of Sections 3.2 and 3.4 hereof. (d) Upon completion of the 35% completed Leasehold Improvement Plans (herein known as the “Leasehold Design Development Plans”), Tenant shall submit such plans to Landlord. Landlord shall cause the Leasehold Improvement Contractor to prepare and present to the Tenant an estimate (herein known as the “Leasehold Design Development Estimate”) of the costs to construct the work shown in the Leasehold Design Development Plans. Tenant reserves the right to engage separate cost estimating consultants to prepare an independent estimate of the cost of the work shown in the Leasehold Design Development Plans. Should the Tenant’s estimate differ materially from the Leasehold Design Development Estimate, the Tenant and Landlord agree to meet in good faith to reconcile the differences. Landlord hereby agrees to provide Tenant reasonable backup documentation to support the costs presented in the Leasehold Design Development Estimate. (e) Upon completion of 90% completed Leasehold Improvement Plans (herein known as “Leasehold Issued for Permit Plans”), Landlord will solicit subcontractor bids through the Leasehold Improvement Contractor for the construction of the Leasehold Improvements, and any changes thereto. Except for the Major Leasehold Improvement Subcontractor Categories (as hereinafter defined), Landlord shall use commercially reasonable efforts to solicit such subcontractor bids from at least three (3) subcontractors for each subcontract having an aggregate value of $100,000.00 or more. Landlord shall use commercially reasonable efforts to solicit no less than one (1) day subcontractor for each day of Deadline Extension), Tenant will cause its architect to prepare and deliver to Landlord preliminary plans and specifications for the Original following components of the Leasehold Improvements (the "ORIGINAL LEASEHOLD IMPROVEMENTS PLANS")“Major Leasehold Improvement Subcontractor Categories”): HVAC; electrical; life safety; and plumbing/mechanical. While these preliminary plans (Although the parties may attempt to identify other potential bidders, the parties acknowledge that obtaining three (3) bids for the subcontracts having an aggregate value of $100,000.00 or more and specifications are the Major Leasehold Improvement Subcontractor Categories may 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 (1practical.) 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 Landlord’s receipt of all of the bids for each of the Major Leasehold Improvement Subcontractor Categories or for the subcontracts having an aggregate value of $100,000.00 or more, if more than one (1) bidder was used for any Major Leasehold Improvement Subcontractor Category or the subcontracts having an aggregate value of $100,000.00 or more, the lowest qualified, responsive bid for each such Major Leasehold Improvement Subcontractor Category or for the subcontracts having an aggregate value of $100,000.00 or more, will be utilized by Landlord to prepare and present to Tenant, in accordance with the Construction Schedule, a proposed budget for the Leasehold Improvement Costs (the “Proposed Leasehold Improvement Budget”). In any event, promptly after receipt of the preliminary bids, Landlord and Tenant will establish the Landlord’s hard costs related to the Leasehold Improvement PlansCosts, which will be equal to the sum of the following: (a) the lump sum price or guaranteed maximum price set forth in each bid actually selected for purposes hereof after adjustment through the value engineering process; (b) the costs to be incurred by the Leasehold Improvement Contractor in performing the Leasehold Improvement Work; (c) a fixed fee to the Leasehold Improvement Contractor of no more than five (5%) percent of the total cost of the Leasehold Improvement Work; (d) a contingency of not more that two (2%) of the total cost of the Leasehold Improvement Work (the “Hard-Costs Leasehold Improvement Contingency”); and (e) General Conditions including a fee to the Leasehold Improvement Contractor for pre-construction services. Landlord will either approve give to Tenant, the same in writing or notify Tenant in writing of Landlord's objections to the preliminary Original Leasehold Improvements Plans Improvement Architect 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 Tenant’s Consultant five (5) business calendar days’ prior written notice of any pre-bid and post-bid conferences with the Leasehold Improvement Contractor and will permit Tenant, the Leasehold Improvement Architect and Tenant’s Consultant to attend such meetings. The bidding process for the Major Leasehold Improvement Subcontractor Categories and the calculations and determinations for the Proposed Leasehold Improvement Budget shall be conducted on an “open book” basis, with Tenant having access to all pertinent materials in connection therewith and the ability to participate in the entire process. Landlord shall not unreasonably withhold or delay providing to Tenant’s Consultant such line item information, including backup data, as may be requested by Tenant’s Consultant. Tenant shall notify Landlord, in writing, of any delay by Landlord in providing to Tenant’s Consultant such line item information. (f) Upon Landlord presenting the Proposed Leasehold Improvement Budget to Tenant pursuant to subsection (e) above, Landlord and Tenant shall use good faith efforts to mutually agree upon a final, approved budget for the Leasehold Improvement Costs (the “Leasehold Improvement Budget”). The Leasehold Improvement Budget shall include line items for the Hard-Costs Leasehold Improvement Contingency and other contingencies for the permitting process approved by Tenant (collectively, the “Leasehold Improvement Contingency”). The Leasehold Improvement Budget together with the Base Building Budget are herein referred to as the “Project Budget”. (g) Should the costs presented in the Proposed Leasehold Improvement Budget differ materially from the Leasehold Design Development Estimate, Tenant and Landlord agree to meet in good faith to reconcile the differences. Landlord hereby agrees to provide Tenant reasonable backup documentation to support the costs presented in the Leasehold Improvement Costs. (h) Even if the General Contractor and the Leasehold Improvement Contractor are the same, the Construction Contract and the Leasehold Improvement Contract shall be separate contracts. (i) Tenant agrees to pay to Landlord all Leasehold Improvement Costs in accordance with the Leasehold Improvement Budget. During the progress of the Leasehold Improvement Work, Landlord shall submit an invoice, on a monthly basis, requesting payment for the Leasehold Improvement Work (a “Payment Request”). For a properly submitted and undisputed Payment Request, Tenant agrees to pay Landlord the sums set forth in such Payment Request within thirty (30) days of receipt thereof from Landlord of the Payment Request. Interest at the Prime Rate shall apply to any late payments, commencing upon the 31st day from the date Landlord submits an applicable Payment Request until the date of payment therefor. In the event of a bona fide dispute regarding payment, Landlord shall not stop or permit to be stopped the Work during the pendency of such dispute, provided that, within thirty seven (37) days after the date Payment Request (the “Payment Dispute Deadline”) (a) all undisputed amounts have been paid by Tenant delivers the preliminary Original Leasehold Improvements Plans to Landlord or objects for payment to the preliminary Original Leasehold Improvements Plans on any grounds other than those Improvement Contractor, and (b) all disputed amounts have been placed in escrow by Tenant, in an interest-bearing account, during the pendency of that dispute, all pursuant to terms acceptable to both parties. Immediately thereafter, the parties shall follow the dispute resolution procedure set forth in Article IX of this SECTION 3.3Addendum in good faith. If the Tenant fails to (i) pay the undisputed amounts set forth in a Payment Request, (ii) deposit disputed amounts set forth in a Payment Request in escrow, or (iii) commence and continue to follow the dispute-resolution procedures in good faith, by the Payment Dispute Deadline, then the Landlord may stop or permit to be stopped the Work until payment of the amount owing has been received and/or the disputed amount is placed in escrow pursuant to an escrow agreement acceptable to Tenant and Landlord, in which event the time from the 31st day from the date Landlord submits an applicable Payment Request until the date of payment shall be a Tenant Delay and the reasonable costs of shut-down, delay and start-up, plus interest as provided for herein, shall be the responsibility of Tenant (“Tenant’s Payment Delay Cost”). Any Leasehold Improvement Costs that exceed the Leasehold Improvement Budget shall be borne solely by Landlord, without any liability on the part of Tenant, unless previously approved in writing by Tenant or the Tenant’s Designated Representative. Landlord shall be permitted to use any line item in the budget where there is a surplus to cover any deficit in another line item. Tenant shall have no obligation to pay to Landlord any Leasehold Improvement Costs pursuant to any Payment Request unless and until Landlord provides Tenant with a detailed statement of Leasehold Improvement Costs (which may be set forth in the Payment Request) together with copies of all invoices, back-up information, certifications from the Leasehold Improvement Contractor on AIA Form G702, lien waivers and releases for the previous payment request and other documentation reasonably requested by Tenant in support of the Payment Request submitted by Landlord. In addition, Tenant shall have the right to inspect the Work to verify the Work for which payment is requested has been properly completed. It is understood and agreed that a certification from the Leasehold Improvement Architect is not part of the Payment Request; provided however, Tenant may have the Leasehold Improvement Architect review Payment Requests as part of Tenant’s review thereof. (j) Tenant will be solely responsible for the effects, impacts, compliance with Legal Requirements, and consequences of the design of any Leasehold Improvements, including any structural failure or failure of materials or damages to property or injury to persons relating to any defect or shortcoming in such design. To the extent that Landlord reviews any design for the Leasehold Improvements will in no manner or respect constitute a verification, confirmation, or validation of the propriety, compliance with Legal Requirements, safety, or function of any such design, which will be the sole responsibility of Tenant. Provided, however, Landlord will be conclusively deemed to have approved promptly notify Tenant of any defects or problems in the preliminary Original Leasehold Improvement Plans and the construction of the Leasehold Improvements Plans. Within five (5) business days after Tenant's receipt of Landlord's notice of objections (if such objections meet to 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 extent that Landlord does not perform or respond as required by this SECTION 3.3 will constitute a day of Deadline Extensionhas actual knowledge thereof.

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.