Common use of Preliminary Plan Clause in Contracts

Preliminary Plan. After the Space Plan has been approved by Landlord, Tenant shall cause Tenant’s Architect to prepare and submit for Landlord’s approval preliminary plans showing locations of all proposed improvements, including partitions, cabinetry, equipment, fixtures, telephone and telecommunications facilities, and computer and electronic data facilities and shall specify the location of any proposed structural floor penetrations, the location and extent of floor loading in excess of Building capacity, if any, and the location and description of any special plumbing requirements, any special HVAC requirements, and any special electrical requirements (the “Preliminary Plans”). Landlord may request clarification or more specific drawings for special use items not included in the Preliminary Plans. Landlord shall approve or disapprove the Preliminary Plans by written notice given to Tenant within fifteen (15) Business Days after receipt of the Preliminary Plans. Landlord shall not unreasonably withhold its approval of the Preliminary Plans, provided that, without limiting the generality of the foregoing, Landlord shall be entitled to withhold its consent to the Preliminary Plans for any of the reasons specified in Section 2.2.1 above, or if in Landlord’s good faith judgment, the Preliminary Plans are inconsistent with, or do not conform to, the Approved Space Plan. If Landlord disapproves the Preliminary Plans, Landlord shall return the Preliminary Plans to Tenant with a statement of Landlord’s reasons for disapproval, or specifying any required corrections and/or revisions. Landlord shall approve or disapprove of any revisions to the Preliminary Plans by written notice given to Tenant within five (5) Business Days after receipt of such revisions. This procedure shall be repeated until Landlord approves the Preliminary Plans (as so approved, the “Approved Preliminary Plans”).

Preliminary Plan. After Tenant shall deliver the Space Preliminary Plan has been approved by to Landlord for Landlord’s approval. Within ten (10) Business Days after Tenant delivers the Preliminary Plan to Landlord, Landlord shall advise Tenant of Landlord’s approval or disapproval of the Preliminary Plan (which disapproval shall specify Landlord’s reasonable objections in sufficient detail so that Tenant can make the necessary revisions to satisfy such reasonable objections). If Landlord fails to give its written objections to Tenant within such period, Tenant shall cause Tenant’s Architect deliver to prepare and submit for Landlord an additional notice requesting Landlord’s approval preliminary plans showing locations or objections, which notice must state “SECOND AND FINAL REQUEST” in at least 12 font bold print at the top of all proposed improvements, including partitions, cabinetry, equipment, fixtures, telephone and telecommunications facilities, and computer and electronic data facilities and shall specify the location first page of any proposed structural floor penetrations, the location and extent of floor loading in excess of Building capacity, if any, and the location and description of any special plumbing requirements, any special HVAC requirements, and any special electrical requirements notice. If Landlord fails to give Tenant Landlord’s written objections within three (the “Preliminary Plans”). Landlord may request clarification or more specific drawings for special use items not included in the Preliminary Plans. Landlord shall approve or disapprove the Preliminary Plans by written notice given to Tenant within fifteen (153) Business Days after receipt of the second notice, then Landlord shall be deemed to have approved the plans as then submitted to Landlord. Tenant shall revise the proposed Preliminary PlansPlan to address Landlord’s reasonable objections and deliver the revised Preliminary Plan to Landlord for Landlord’s reasonable approval. In reviewing the resubmitted Preliminary Plan, Landlord may only consider those parts of the Preliminary Plan that address Landlord’s reasonable objections thereto; it being agreed that the other portions of the Preliminary Plan (i.e., those portions that Landlord did not previously object to) will be deemed approved. Within three (3) Business Days after Tenant delivers the revised Preliminary Plan to Landlord, Landlord shall advise Tenant of Landlord’s reasonable approval or disapproval of the revised Preliminary Plan (which disapproval shall specify Landlord’s reasonable objections in sufficient detail so that Tenant can make the necessary revisions to satisfy such reasonable objections). If Landlord fails to give its written objections to Tenant within such period, Tenant shall deliver to Landlord an additional notice requesting Landlord’s approval or objections, which notice must state “SECOND AND FINAL REQUEST” in at least 12 font bold print at the top of the first page of the notice. If Landlord fails to give Tenant Landlord’s written objections within two (2) Business Days after receipt of the second notice, then Landlord shall be deemed to have approved the plans as then submitted to Landlord. Tenant and Landlord shall continue to follow the revision, delivery and notice of objections procedure and schedule set forth above (based upon the aforementioned turnaround and the double notice provisions) until Landlord approves (or is deemed to have approved) the Preliminary Plan. Landlord shall will not unreasonably withhold its approval of the Preliminary Plans, provided that, without limiting the generality of the foregoing, Landlord shall be entitled to withhold its consent to the Preliminary Plans for any of the reasons specified in Section 2.2.1 above, or if in Landlord’s good faith judgment, the Preliminary Plans are inconsistent with, or do not conform to, the Approved Space Plan. If Landlord disapproves the Preliminary Plans, Landlord shall return the Preliminary Plans to Tenant with a statement of Landlord’s reasons for disapproval, or specifying any required corrections and/or revisions. Landlord shall approve or disapprove of any revisions to the Preliminary Plans by written notice given to Tenant within five (5) Business Days after receipt of such revisions. This procedure shall be repeated until Landlord approves the Preliminary Plans (as so approved, the “Approved Preliminary Plans”).