Modification of Approved Plans and Specifications. Prior to the Commencement Date, Tenant has submitted and Landlord has approved the Plans and Specifications for the Project. If Tenant desires to modify the Plans and Specifications after they have been approved by Landlord in any way which will materially affect any aspect of the exterior of any Building or result in a change in the height, bulk or setback of any Building, Tenant shall submit the proposed modifications to Landlord. Landlord shall review the proposed changes to determine whether they materially conform to the Plans and Specifications originally approved by Landlord. A modification will be “material” or will “materially affect” the exterior of the Building if the costs associated with such modification exceed: (a) Three Hundred Thousand Dollars ($300,000) on an occurrence basis; or (b) Six Hundred Thousand Dollars ($600,000) in the aggregate in any twelve (12) month period, and in such event, Landlord shall have the review and approval rights set forth herein for each modification over the Six Hundred Thousand Dollars ($600,000) aggregate that costs more than One Hundred Thousand Dollars ($100,000)in any instance. The initial review by Landlord shall be carried out within twenty (20) Business Days of the date of submission of the proposed modifications to the Plans and Specifications. If Landlord determines that they do so conform, Landlord shall so notify Tenant. If Landlord reasonably determines that the Plans and Specifications, as so revised, do not materially conform to the Plans and Specifications originally approved by Landlord, Landlord shall so notify Tenant, specifying in what respects they do not so conform. Tenant shall either (i) withdraw the proposed modifications, in which case construction of the Project shall proceed on the basis of the Plans and Specifications previously approved by Landlord, or (ii) revise the proposed modifications to so conform and resubmit them to Landlord for review. Each review by Landlord after the initial review shall be carried out within ten (10) Business Days of the date of submission of the proposed modifications to the Plans and Specifications. If Landlord has not notified Tenant of its determination within the time period for Landlord’s review as outlined above, Landlord shall be deemed to have determined that they materially conform to the Plans and Specifications previously approved by Landlord. Landlord and Tenant agree that the ten (10) Business Day review period outlined above shall onl...
Modification of Approved Plans and Specifications. If Tenant desires to materially modify the Approved Plans and Specifications, Tenant shall submit the proposed modifications to Landlord for its prior review and approval. Landlord shall review the proposed changes as if such plans were an original submission of Preliminary Plans and Specifications proposed under Section 16.03(b) and (c) hereof, and the provisions thereof governing such a submission shall apply.
Modification of Approved Plans and Specifications. Prior to the Commencement Date, Xxxxxx has submitted and Landlord has approved the Plans and Specifications for the Project. If Tenant desires to modify the Plans and Specifications after they have been approved by Landlord in any way which will materially affect any aspect of the exterior of any Building or result in a change in the height, bulk or setback of any Building, Tenant will submit the proposed modifications to Landlord. Landlord will review the proposed changes to determine whether they materially conform to the Plans and Specifications originally approved by Landlord. A modification will be “material” or will “materially affect” the exterior of the Building if the costs associated with such modification exceed: (a) $300,000.00 on an occurrence basis; or
