Common use of Plan Approval Clause in Contracts

Plan Approval. Notwithstanding anything to the contrary set forth in this Lease, Tenant may not construct any Improvements unless and until the Plans (as hereinafter defined) for such Improvements have been approved in writing by Landlord (which approval may not be unreasonably withheld, conditioned or delayed) in accordance with the procedures outlined in this Section 5.3. Notwithstanding anything to the contrary set forth in this Section 5.3 or elsewhere in this Lease, Tenant shall not be required to obtain Landlord’s approval of plans for any indoor exhibits, outdoor exhibits or related amenities. Tenant shall, at Tenant’s own cost and expense, engage a licensed architect and/or engineer reasonably acceptable to Landlord to prepare plans, specifications, elevations, rendered architectural perspectives and working drawings for any proposed Improvements (collectively, the “Plans”) and shall cause a copy of such Plans to be sent to Landlord. Within thirty (30) days after Landlord’s receipt of the Plans, Landlord shall deliver a written notice to Tenant of Landlord’s approval, not to be unreasonably withheld, conditioned or delayed, or any detailed objections Landlord may have to the Plans. If Landlord does not deliver such written notice to Tenant during the aforesaid thirty (30) day period, then the Plans shall be deemed approved without further action by either party. If Tenant submits any corrective amendments to the Plans to Landlord in accordance with objections by Landlord, Landlord shall respond to Tenant in writing of Landlord’s approval or disapproval of such corrective amendments within twenty (20) days. If Landlord does not deliver such written notice to Tenant during the aforesaid twenty (20) day period, then the corrective amendments shall be deemed approved without further action by either party. In no event shall Landlord’s approval of any design or construction document or specification constitute a representation that the matter approved is in compliance with any applicable code, law or regulation. The plans and specifications approved in writing by Landlord are hereinafter referred to as the “Approved Plans”.

Plan Approval. Notwithstanding anything Subject to Landlord's prior written approval, in its ------------- reasonable discretion (which may be in the form of approval of the complete plans if Tenant includes the following items on the plans), Landlord hereby acknowledges Xxxxxx's requests for the following items to be included in the Work, as follows: A. Tenant shall have the ability to locate Tenant's Cooling Equipment on the existing roof support frame previously used for a cooling tower but now vacant, next to the contrary set forth existing Building cooling tower as shown on attached Exhibit A. --------- B. Tenant may be permitted to use the existing, abandoned hot water piping paths presently located in this Leasethe piping closet to run new piping and electrical conduits to the roof. C. Subject to Subpart G below, Tenant may not construct any Improvements unless be permitted to install additional breakers on the Building's generator protected power to support Tenant's Cooling Equipment. D. Tenant may be permitted to make reasonable modifications to the Building to run electrical conduits to support the Tenant's Cooling Equipment electrical system. E. Tenant may be permitted to install drains and until make reasonable modifications to the Plans (as hereinafter defined) for such Improvements have been approved Building's sewer piping in writing by order to discard wastewater associated with Tenant's Cooling Equipment into the Building's sewage system. F. Tenant may be permitted to use a crane, a helicopter, or other reasonable means to install Tenant's Cooling Equipment in the Roof Space. G. Notwithstanding anything entered in the lease to the contrary, only if Landlord approves, in its discretion (which Landlord approval may not will be unreasonably withheldexpressly conditioned upon receiving the consent of U.S. West, conditioned or delayed) in accordance with Inc., the procedures outlined in this Section 5.3. Notwithstanding anything to the contrary set forth in this Section 5.3 or elsewhere in this LeaseBuilding's primary tenant), Tenant shall not be required to obtain Landlord’s approval of plans may load permitting, draw generator protected power for any indoor exhibits, outdoor exhibits Tenant's Cooling Equipment from the Building electrical facilities located on the 14th or related amenities. Tenant shall, at Tenant’s own cost and expense, engage a licensed architect and/or engineer reasonably acceptable to Landlord to prepare plans, specifications, elevations, rendered architectural perspectives and working drawings for any proposed Improvements (collectively, the “Plans”) and shall cause a copy of such Plans to be sent to Landlord. Within thirty (30) days after Landlord’s receipt of the Plans, Landlord shall deliver a written notice to Tenant of Landlord’s approval, not to be unreasonably withheld, conditioned or delayed, or any detailed objections Landlord may have to the Plans3rd floor. If Landlord does not deliver such written notice to Tenant during so approve or cannot obtain the aforesaid thirty (30) day periodconsent of U.S. West, Inc., then subject to compliance with all building code requirements and other applicable laws, Tenant may both (i) obtain non-generator protected power from the Plans shall be deemed approved without further action by either party. If Tenant submits any corrective amendments Building electrical system, subject to the Plans requirements of Section 1.3 above and (ii) elect to Landlord in accordance with objections by Landlordinstall, Landlord shall respond as part of its Cooling Equipment, a 50 KVA diesel/natural gas powered generator on the Roof Space so as to Tenant in writing of Landlord’s approval or disapproval of such corrective amendments within twenty provide a generator protected power supply for Tenant's Cooling Equipment (20) days. If Landlord does not deliver such written notice to Tenant during the aforesaid twenty (20) day period, then the corrective amendments shall be deemed approved without further action by either party. In no event shall Landlord’s approval of any design or construction document or specification constitute a representation that the matter approved is in compliance with any applicable code, law or regulation"Generator"). The installation of the Generator will be subject to inclusion in the complete plans submitted for Landlord's review and specifications approved in writing by Landlord are hereinafter referred to approval, as the “Approved Plans”hereinabove provided.

Plan Approval. Notwithstanding anything to the contrary set forth in this LeaseBefore proceeding with any Tenant’s Work, Tenant may not construct any Improvements unless must first obtain Landlord’s written approval of the plans, specifications and until the Plans (as hereinafter defined) working drawings for such Improvements have been approved in writing by Landlord (Tenant’s Work, which approval may Landlord will not be unreasonably withheldwithhold or delay; provided, conditioned or delayed) however, that in accordance with the procedures outlined in this Section 5.3. Notwithstanding anything to the contrary set forth in this Section 5.3 or elsewhere in this Lease, Tenant no event shall not Landlord be required to obtain approve any of the following: (i) any design that negatively impacts the Building systems; (ii) any design that negatively impacts the Building structure; or (iii) any design that negatively impacts the appearance of the Building from the exterior or the the ground floor lobby. Landlord’s approval of plans plans, specifications and/or working drawings for any indoor exhibits, outdoor exhibits or related amenities. Tenant shall, at Tenant’s own cost Work will not create any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with applicable permits, laws, rules and expense, engage a licensed architect and/or engineer reasonably acceptable regulations of governmental agencies or authorities. Landlord shall respond to Landlord to prepare any submission of plans, specifications, elevations, rendered architectural perspectives specifications and working drawings for any proposed Improvements within seven (collectively, the “Plans”7) and shall cause a copy of such Plans to be sent to Landlord. Within thirty (30) business days after following Landlord’s receipt of the Plansthereof. If Landlord fails to respond within such period, Landlord shall deliver a Tenant may give written notice to Tenant of Landlord, setting forth a specific reference to this subsection, that Landlord’s approval, not failure to be unreasonably withheld, conditioned or delayed, or any detailed objections Landlord may have to the Plans. If Landlord does not deliver respond within five (5) business days after receipt of such written notice to Tenant during shall constitute approval, and the aforesaid thirty (30) day periodplans, then the Plans specifications or working drawings shall be deemed approved without further action if Landlord fails to respond with such period. In the event that a representative of Landlord is required by either party. If Tenant submits the City of Irvine, or any corrective amendments of its departments, or any other governmental agency having jurisdiction over construction in the Building to the Plans acknowledge or consent to Landlord in accordance with objections by Landlordany building permit application of Tenant, Landlord shall respond agrees to Tenant in writing cause its representative to do so within five (5) business days following receipt of LandlordTenant’s approval or disapproval of such corrective amendments within twenty (20) dayswritten request therefor. If Landlord does not deliver fails to acknowledge or consent within such period, Tenant may give written notice to Landlord, setting forth a specific reference to this subsection, that Landlord’s failure to respond within three (3) business days after receipt of such written notice shall constitute a delay that may defer the Second Floor Rent Commencement Date under Section 6 below, and the failure of Landlord to Tenant so acknowledge or consent within such three (3) business day period may give rise to such a deferral. The provisions of Paragraphs 20 and 21 of the Lease, including the rent abatement provisions set forth therein, shall apply in respect of any casualty or eminent domain taking involving the Premises, including during the aforesaid twenty (20) day period, then the corrective amendments shall be deemed approved without further action by either partyperiod of performance of Tenant’s Work. In no event shall Landlordthe failure of Tenant to timely obtain a building permit or other required governmental approvals for Tenant’s approval Work result in any deferral in rent commencement or any abatement of any design or construction document or specification constitute a representation that the matter approved is rents and charges payable under the Lease, other than as expressly provided in compliance with any applicable code, law or regulation. The plans and specifications approved in writing by Landlord are hereinafter referred to as the “Approved Plans”Section 6 below.

Plan Approval. Notwithstanding anything (a) In order to assure uniformity and compatibility of the development within Tradition, Buyer acknowledges and agrees that the Property conveyed at Closing pursuant to this Agreement shall only be used for the construction of the Proposed Use unless Buyer shall obtain Seller’s written approval (which will not be unreasonably withheld or delayed) of a different use, all architectural exterior elevations, site plans or material changes to the contrary set forth in this Leaseapproved site plan, Tenant may not construct signage (temporary and/or permanent) utility plans, drainage plans and landscaping plans for any Improvements unless development and/or construction on the Property, whether conceptual, preliminary, proposed or final and until the Plans all material modifications, alterations and additions thereto (as hereinafter defined“Plans”) for such Improvements have been approved in writing by Landlord (must be submitted to Seller and shall be subject to Seller’s written approval, which approval may shall not be unreasonably withheld, conditioned or delayed) in accordance with , and all infrastructure improvements, buffers, lakes, retention areas, conservation areas and/or open space shall additionally require the procedures outlined in this Section 5.3. Notwithstanding anything to the contrary set forth in this Section 5.3 or elsewhere in this Leaseapproval of Seller, Tenant which shall not be required to obtain Landlord’s approval of plans for any indoor exhibits, outdoor exhibits or related amenities. Tenant shall, at Tenant’s own cost and expense, engage a licensed architect and/or engineer reasonably acceptable to Landlord to prepare plans, specifications, elevations, rendered architectural perspectives and working drawings for any proposed Improvements (collectively, the “Plans”) and shall cause a copy of such Plans to be sent to Landlord. Within thirty (30) days after Landlord’s receipt of the Plans, Landlord shall deliver a written notice to Tenant of Landlord’s approval, not to be unreasonably withheld, conditioned or delayed. The approval of such Plans may be based on aesthetic grounds of Seller, provided Seller agrees that it shall not unreasonably withhold, condition or any detailed objections Landlord may have delay its approval to such Plans if such Plans are consistent with Seller’s design guidelines (the Plans“Design Guidelines”). If Landlord does not deliver The Seller agrees that upon delivery of a complete set of Plans which the Buyer desires Seller’s approval on, that it will review and approve or disapprove and set forth the basis for such disapproval within ten (10) days of receipt of such complete set of Plans together with a written notice request of Seller asking for its approval thereof (the end of such 10 day period being the “Plan Approval Date”). In the event that the Seller shall fail to Tenant during approve in writing or disapprove and specify the aforesaid thirty (30) day periodbasis for such disapproval in writing by the Plan Approval Date, then the Plans Seller shall be deemed to have approved without further action such Plans. No construction or installation of any improvements or development of any portion of the Property acquired by either party. If Tenant submits any corrective amendments to the Plans to Landlord Buyer shall be undertaken, except in accordance with objections by Landlord, Landlord shall respond to Tenant in writing of Landlord’s approval or disapproval of such corrective amendments within twenty (20) days. If Landlord does not deliver such written notice to Tenant during the aforesaid twenty (20) day period, then the corrective amendments shall be deemed approved without further action by either party. In no event shall Landlord’s approval of any design or construction document or specification constitute a representation that the matter approved is in compliance with any applicable code, law or regulation. The plans complete and specifications final Plans which have been approved in writing by Landlord are hereinafter Seller, if required, as set forth above (which Plans, if approved by Seller, referred to as the “Approved Plans”). Notwithstanding anything to the contrary contained herein, Seller acknowledges and agrees that Seller shall not (a) have any approval rights with respect to interior portions of the improvements, and Seller only have approval rights with respect to exterior components of improvements and/or landscaping located on the Property, and (b) discriminatorily be more restrictive or burdensome approval standards or conditions on the Property than it does with respect to any other similar properties within Tradition. (b) Buyer shall submit to Seller, and Seller shall have the right to approve, any and all material modifications to the Plans (made either before or after any Closing). Seller shall also have the right to review and approve any and all material modifications to the Plans required by any applicable governmental agency, including, without limitation, St. Lucie County, Florida. (c) Buyer shall perform all construction and development of any work to be performed by or through Buyer substantially in accordance with the Approved Plans. (d) The provisions of this Paragraph 16 shall be a covenant running with the Property acquired by Buyer which is conveyed at Closing pursuant to this Agreement and shall survive such Closing.

Plan Approval. Notwithstanding anything to the contrary set forth in this the Master Lease, Tenant may not construct the following provisions shall apply to Subtenant's Work: 34. 2.1 The final plans for both phases of Subtenant's Work and any Improvements unless changes thereto shall be submitted by Subtenant to Sublandlord and until the Plans (as hereinafter defined) Master Landlord for such Improvements have been approved their written approval before Subtenant shall commence any portion of Subtenant's Work. Any reasonable, out-of-pocket costs incurred by Sublandlord in writing by Landlord (which approval may not be unreasonably withheld, conditioned or delayed) in accordance connection with the procedures outlined review of Subtenant's plans and/or the supervision of Subtenant's Work, including any costs imposed by Master Landlord on Sublandlord in this Section 5.3. Notwithstanding anything connection with Master Landlord's review of such plans and/or supervision of Subtenant's Work pursuant to the contrary terms of the Master Lease, shall be reimbursed by Subtenant to Sublandlord within ten (10) days of written demand. Prior to commencing the work set forth in this Section 5.3 therein, or elsewhere in this Leasewithin five (5) days of Sublandlord's request, Tenant whichever shall occur first, Subtenant shall deliver to Sublandlord a copy of Master Landlord's approval of Subtenant's final plans and any changes thereto. Sublandlord shall not unreasonably withhold its consent to Subtenant's plans and shall describe with particularity any objection, and the reasons therefor, which Sublandlord may have. Sublandlord shall be required to obtain Landlord’s approval respond within ten (10) days of receipt of any request from Subtenant for Sublandlord's consent to any such final plans provided that Subtenant sets forth such ten (10) day response period in its request for any indoor exhibitssuch consent. Upon completion of Subtenant's Work, outdoor exhibits or related amenities. Tenant shall, at Tenant’s own cost and expense, engage a licensed architect and/or engineer reasonably acceptable Subtenant shall deliver to Landlord to prepare plans, specifications, elevations, rendered architectural perspectives and working Sublandlord final "as-built" drawings for any proposed Improvements (collectively, the “Plans”) and shall cause a copy of such Plans to be sent to Landlord. Within thirty (30) days after Landlord’s receipt of the Plans, Landlord shall deliver a written notice to Tenant of Landlord’s approval, not to be unreasonably withheld, conditioned or delayed, or any detailed objections Landlord may have to the Plans. If Landlord does not deliver such written notice to Tenant during the aforesaid thirty (30) day period, then the Plans shall be deemed approved without further action by either party. If Tenant submits any corrective amendments to the Plans to Landlord in accordance with objections by Landlord, Landlord shall respond to Tenant in writing of Landlord’s approval or disapproval of such corrective amendments within twenty (20) days. If Landlord does not deliver such written notice to Tenant during the aforesaid twenty (20) day period, then the corrective amendments shall be deemed approved without further action by either party. In no event shall Landlord’s approval of any design or construction document or specification constitute a representation that the matter approved is in compliance with any applicable code, law or regulation. The plans and specifications approved in writing by Landlord are hereinafter referred to as the “Approved Plans”work.

Plan Approval. Notwithstanding anything Tenant has selected, and Landlord has approved and will contract with, RSP Architects (“Architect”) to prepare design and construction drawings for the improvements to the contrary set forth in this LeaseExpansion Premises (the “Initial Tenant Improvements”). The terms and conditions of the agreement with the Architect shall be subject to Tenant’s approval, Tenant may not construct any Improvements unless and until the Plans (as hereinafter defined) for such Improvements have been approved in writing by Landlord (which approval may shall not be unreasonably withheld, conditioned or delayed) in accordance with the procedures outlined in this Section 5.3. Notwithstanding anything to the contrary set forth in this Section 5.3 or elsewhere in this Lease, Tenant shall not be required to obtain Landlord’s approval of plans for any indoor exhibitsapprove or disapprove the design drawings in writing, outdoor exhibits or related amenities. Tenant shalland if disapproved, at revised drawings addressing Tenant’s own cost and expense, engage a licensed architect and/or engineer reasonably acceptable to Landlord to prepare plans, specifications, elevations, rendered architectural perspectives and working drawings for any proposed Improvements (collectively, the “Plans”) and shall cause a copy of such Plans to objections will be sent to Landlord. Within thirty (30) days after Landlord’s receipt of the Plans, Landlord shall deliver a written notice resubmitted to Tenant of Landlord’s for approval, which approval shall not to be unreasonably withheld, conditioned or delayed, or any detailed objections Landlord may have to conditioned. Based on the Plans. If Landlord does not deliver such written notice to approved design drawings for the Initial Tenant during the aforesaid thirty (30) day period, then the Plans shall be deemed approved without further action by either party. If Tenant submits any corrective amendments to the Plans to Landlord in accordance with objections by LandlordImprovements, Landlord shall respond promptly cause Architect (and, if applicable, appropriate electrical and mechanical engineers) to prepare final construction drawings (“Construction Drawings”) for the Initial Tenant Improvements. Landlord shall submit such Construction Drawings to Tenant for its review, and Tenant shall approve or disapprove in writing of Landlordwriting, and if disapproved, revised Construction Drawings addressing Tenant’s approval or disapproval of such corrective amendments within twenty (20) days. If Landlord does not deliver such written notice objections will be resubmitted to Tenant during the aforesaid twenty (20) day period, then the corrective amendments shall be deemed approved without further action by either partyfor approval. In no event shall LandlordTenant’s approval of any design the Construction Drawings shall not be unreasonably withheld, delayed, or construction document or specification constitute a representation that the matter approved is in compliance with any applicable code, law or regulationconditioned. The plans and specifications approved in writing by Landlord are hereinafter referred to as the term “Approved Plans”” shall mean the Construction Drawings acceptable to Landlord and approved by Tenant as provided above. Tenant shall review and approve (or disapprove with specific objections) all plans and drawings submitted to Tenant within 5 business days of Tenant’s receipt thereof.