Common use of Modification of Approved Plans and Specifications Clause in Contracts

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 only apply to modifications previously reviewed and commented on by Landlord. To the extent Tenant submits new or additional modifications outside the scope of Tenant’s original submission to Landlord or in addition to any changes requested by Landlord as a result of its initial review, Landlord shall have twenty (20) Business Days to review and comment on such new or additional modifications thereto. It is understood and agreed that any consent or approval by Landlord to a modification under this Section 11.04 is a consent or approval by Landlord solely in its proprietary capacity and not in its governmental or regulatory capacity and no such approval hereunder shall in any manner be deemed to affect, limit or obligate the Board of Supervisors of Fairfax County in its governmental or regulatory capacity or the County of Fairfax, Virginia, or its agencies, departments or divisions (including without limitation the Department of Planning and Zoning) thereof with respect to any actions the foregoing may require or be requested to undertake that pertain in any manner to, any approval requests, inspections or other matters involving Governmental Authorities.

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 One Hundred Fifty Thousand Dollars ($300,000150,000) on an occurrence basis; or (b) Six Three Hundred Thousand Dollars ($600,000300,000) 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 Three Hundred Thousand Dollars ($600,000300,000) aggregate that costs more than One Hundred Fifty Thousand Dollars ($100,000)in 50,000) 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 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 only apply to modifications previously reviewed and commented on by Landlord. To the extent Tenant submits new or additional modifications outside the scope of Tenant’s original submission to Landlord or in addition to any changes requested by Landlord as a result of its initial review, Landlord shall have twenty (20) Business Days to review and comment on such new or additional modifications thereto. It is understood and agreed that any consent or approval by Landlord to a modification under this Section 11.04 is a consent or approval by Landlord solely in its proprietary capacity and not in its governmental or regulatory capacity and no such approval hereunder shall in any manner be deemed to affect, limit or obligate the Board of Supervisors of Fairfax County in its governmental or regulatory capacity or the County of Fairfax, Virginia, or its agencies, departments or divisions (including without limitation the Department of Planning and Zoning) thereof with respect to any actions the foregoing may require or be requested to undertake that pertain in any manner to, any approval requests, inspections or other matters involving Governmental Authorities.ten

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 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 only apply to modifications previously reviewed and commented on by Landlord. To the extent Tenant submits new or additional modifications outside the scope of Tenant’s original submission to Landlord or in addition to any changes requested by Landlord as a result of its initial review, Landlord shall have twenty (20) Business Days to review and comment on such new or additional modifications thereto. It is understood and agreed that any consent or approval by Landlord to a modification under this Section 11.04 is a consent or approval by Landlord solely in its proprietary capacity and not in its governmental or regulatory capacity and no such approval hereunder shall in any manner be deemed to affect, limit or obligate the Board of Supervisors of Fairfax County in its governmental or regulatory capacity or the County of Fairfax, Virginia, or its agencies, departments or divisions (including without limitation the Department of Planning and Zoning) thereof with respect to any actions the foregoing may require or be requested to undertake that pertain in any manner to, any approval requests, inspections or other matters involving Governmental Authorities.

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 will submit the proposed modifications to Landlord. Landlord shall 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) Three Hundred Thousand Dollars ($300,000) 300,000.00 on an occurrence basis; or (b) Six Hundred Thousand Dollars ($600,000) 600,000.00 in the aggregate in any twelve (12) -month period, and in such event, Landlord shall will have the review and approval rights set forth herein for each modification over the Six Hundred Thousand Dollars ($600,000) 600,000.00 aggregate that costs more than One Hundred Thousand Dollars ($100,000)in 100,000.00 in any instance. The initial review by Landlord shall will be carried out within twenty (20) 20 Business Days of the date of submission of the proposed modifications to the Plans and Specifications. If Landlord‌ Landlord determines that they do so conform, Landlord shall will 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 will so notify Tenant, specifying in what respects they do not so conform. Tenant shall will either (i) withdraw the proposed modifications, in which case construction of the Project shall will 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 will 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 will 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 will only apply to modifications previously reviewed and commented on by Landlord. To the extent Tenant submits new or additional modifications outside the scope of Tenant’s original submission to Landlord or in addition to any changes requested by Landlord as a result of its initial review, Landlord shall will have twenty (20) 20 Business Days to review and comment on such new or additional modifications thereto. It is understood and agreed that any consent or approval by Landlord to a modification under this Section 11.04 is a consent or approval by Landlord solely in its proprietary capacity and not in its governmental or regulatory capacity Landlord, and no such approval hereunder shall will in any manner be deemed to affect, limit or obligate the Board of Supervisors of Fairfax County in its governmental or regulatory capacity or the County of Fairfax, Virginia, or its agencies, departments or divisions (including without limitation the Department of Planning and ZoningDevelopment) thereof with respect to any actions the foregoing may require or be requested to undertake that pertain in any manner to, any approval requests, inspections or other matters involving Governmental Authorities.

Modification of Approved Plans and Specifications. Prior to the Commencement Date, Tenant 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 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 One Hundred Fifty Thousand Dollars ($300,000150,000) on an occurrence basis; or (b) Six Three Hundred Thousand Dollars ($600,000300,000) 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 Three Hundred Thousand Dollars ($600,000300,000) aggregate that costs more than One Hundred Fifty Thousand Dollars ($100,000)in 50,000) 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 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 only apply to modifications previously reviewed and commented on by Landlord. To the extent Tenant submits new or additional modifications outside the scope of Tenant’s original submission to Landlord or in addition to any changes requested by Landlord as a result of its initial review, Landlord shall have twenty (20) Business Days to review and comment on such new or additional modifications thereto. It is understood and agreed that any consent or approval by Landlord to a modification under this Section 11.04 is a consent or approval by Landlord solely in its proprietary capacity and not in its governmental or regulatory capacity and no such approval hereunder shall in any manner be deemed to affect, limit or obligate the Board of Supervisors of Fairfax County in its governmental or regulatory capacity or the County of Fairfax, Virginia, or its agencies, departments or divisions (including without limitation the Department of Planning and Zoning) thereof with respect to any actions the foregoing may require or be requested to undertake that pertain in any manner to, any approval requests, inspections or other matters involving Governmental Authorities.ten