Preliminary Plans and Specifications. Within 75 days of the commencement of work on the Land for the construction of the Building, Tenant shall prepare and deliver to Landlord for approval a copy of preliminary plans and specifications ("Preliminary Plans") for the Tenant Improvements to the Premises. "Tenant Improvements" consist of those items set forth in Exhibit C, which are in addition to the base building improvements to be constructed by Landlord as set forth in Exhibit G of this Lease. Within fifteen (15) days after receipt of the Preliminary Plans, Landlord shall approve in writing the Preliminary Plans, such approval not to be reasonably withheld, or deliver to Tenant its specific objections to the Preliminary Plans, together with its proposed solution to each objection. If Landlord fails to either approve or disapprove the Preliminary Plans within such period, Landlord shall be deemed to have approved the Preliminary Plans. If the parties are unable to resolve Landlord's objections to the Preliminary Plans within fourteen (14) days after Tenant has received notice of Landlord's objections, Tenant and Landlord agree to submit Landlord's objections to the Preliminary Plans to an accredited design review or architectural firm mutually acceptable to Landlord and Tenant (the "Design Arbitrator"). The Design Arbitrator shall mediate and resolve the objections to the Preliminary Plans within thirty (30) days after the selection of the Design Arbitrator by Landlord and Tenant. Landlord and Tenant shall pay equally all costs and fees associated with the use of the Design Arbitrator.
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Samples: Lease (Inveresk Research Group Inc), Lease (Clintrials Research Inc)
Preliminary Plans and Specifications. Within 75 days of the commencement of work on the Land for the construction of the Building, Tenant and/or Tenant's Representatives shall prepare and deliver furnish to Landlord for approval a copy of preliminary working architectural and engineering plans and specifications ("Preliminary PlansPlans and Specifications") for the Tenant Improvements Improvements. The Preliminary Plans and Specifications shall be in sufficient detail to show power and plumbing requirements, regular and special HVAC needs, telephone and electrical outlets, lighting, lighting fixtures and related power, and all other building improvements. All plans, drawings, specifications and other details describing the Work which have been, or are hereafter, furnished by or on behalf of Tenant shall be subject to Landlord's reasonable approval or disapproval, which shall be provided within five (5) business days after Landlord receives the Preliminary Plans and Specifications and, if disapproved, Landlord shall return the Preliminary Plans and Specifications to Tenant, who shall make all necessary revisions within ten (10) days after Tenant's receipt thereof. This procedure shall be repeated until Landlord approves the Preliminary Plans and Specifications. The approved Preliminary Plans and Specifications, as modified, shall be deemed the "Final Preliminary Plans and Specifications". Notwithstanding the foregoing, Landlord hereby consents to the following minimum items comprising the scope of work, the specifics of which will be included in the Preliminary Plans and Specifications and subject to Landlord's reasonable approval, as set forth herein, provided that in giving such approval Landlord shall not require any material deviation in the following described scope of work: Demolition Minimum demolition is required. The 1st floor Electrical Room, freight elevator and stairwell will be removed. New stairwell will be added in the northwest corner of the building. Site Work In order to accommodate new mechanical and electrical equipment, the following site work will be required. o Pour concrete pad and install fencing for new air- cooled condensing units. o Excavate an area of approximately 60' x 100' in the rear of the building in order to accommodate a new block wall and concrete pad. o Construct block wall approximately 14' high for new diesel engine generators, switchgear and SCE electrical equipment. o Construct block wall building with roof for new UPS, switchgear and batteries. This room will also be climate controlled for optimum life. Structural To accommodate new mechanical fan coil unit, it will be necessary to construct two equipment platforms inside of the building at approximately 16' high. Equipment platform will be 40' wide by approximately 220' long and be installed running parallel to the north side of the building and parallel to the south side of the building. Each equipment platform will accommodate approximately 5 or 6 mechanical fan coil units. Interior Construction In the northwest corner of the building Tenant will construct interior offices and the Network Operations Center (NOC), NODE (Fiber Room), MIS Room and Conference Rooms. Level 5 Bullet Resistant walls, doors and windows will protect the Customer Lobby. Interior construction to total approximately 10,000 to 12,000 square feet. Raised Access Floor Approximately 60,000 square feet of the 1st floor will be covered by a raised access floor system installed 12" above slab. This accommodates underfloor power cabling, network cabling and fiber. Mechanical To properly cool the Internet Data Center area, Air cooled mechanical systems will be installed distributing air through overhead ductwork throughout the building. Fan coil units will be located on equipment platforms above the T-bar ceiling and below the roof and will be connected to air cooled condensers outside of the building installed on concrete equipment pads. Electrical Existing main services to the building will be upgraded to accommodate tenant requirements. SCE has agreed to bring an upgraded feeder, as well as, a second feeder to the property. For backup power, five (5) 1250KW diesel engine generators will be installed with fuel storage providing a minimum of two (2) days of operation in the event of power outage. Tenant will install metering switchgear, transformers and substations to accommodate installation of sophisticated electrical equipment consisting of switchgear, uninterruptible power supply systems and batteries. Power will be distributed throughout the Internet Data Center via portable power distribution units located within the Internet Data Center on the access floor. Underfloor power cables will be used to distribute power to each customer co-location space. Fire Protection Tenant will install a fire alarm and detection system providing early warning of smoke or fire. Fire alarms systems will be integrated into a dry type pre- action sprinkler system providing discharge only in the event of a fire. Security and Sophisticated security and monitoring systems will be installed to monitor and Monitoring control operation and access of the Internet Data Center. Elevator To accommodate the 2nd Floor office space, Tenant will install a people rated elevator providing access from the existing Lobby in the southwest corner of the building to the second floor. Shipping/ Receiving Dock To remain as is. Parking Approximately 30 to 40 parking spaces will be eliminated on the East End of the building to accommodate installation of diesel engine generators, switchgear and UPS systems. Notwithstanding the foregoing or anything to the contrary contained in this Exhibit B or in the Lease, the aforesaid scope of work shall in all events and circumstances be in compliance with all applicable Laws, including without limitation, all applicable requirements of the City of El Segundo, the Uniform Building Code and local ordinances. Without limiting the generality of the foregoing, Tenant hereby acknowledges and agrees that as of the Delivery Date, there will be two hundred thirty- five (235) exclusive parking spaces striped for Tenant's use within the Premises. "The parties hereby further acknowledge and agree that any elimination by Tenant Improvements" consist of those items set forth any parking spaces must be in Exhibit Caccordance with the requirements of all applicable Laws, including without limitation, the requirements of the City of El Segundo with respect thereto. Prior to Tenant applying for or attempting to obtain any variance, conditional use permit or other land use approval pursuant to which the zoning and land use requirements applicable to the Premises will be affected thereby, Tenant shall first obtain Landlord's prior written consent thereto, which are in addition consent shall not be unreasonably withheld or delayed. However, Tenant hereby assumes any and all risk that the governmental and regulatory agencies will not permit parking spaces within the Premises to be eliminated. Upon Landlord's request to be delivered to Tenant at least sixty (60) days prior to the base building improvements to be constructed by Landlord as set forth in Exhibit G expiration or earlier termination of this Lease. Within fifteen (15) days after receipt , Tenant shall cause any such variance, conditional use permit or other land use approval obtained by Tenant with respect to the premises to be removed or discontinued as of the Preliminary Plans, Landlord shall approve in writing the Preliminary Plans, such approval not to be reasonably withheld, or deliver to Tenant its specific objections to the Preliminary Plans, together with its proposed solution to each objection. If Landlord fails to either approve or disapprove the Preliminary Plans within such period, Landlord shall be deemed to have approved the Preliminary Plans. If the parties are unable to resolve Landlord's objections to the Preliminary Plans within fourteen (14) days after Tenant has received notice of Landlord's objections, Tenant and Landlord agree to submit Landlord's objections to the Preliminary Plans to an accredited design review or architectural firm mutually acceptable to Landlord and Tenant (the "Design Arbitrator"). The Design Arbitrator shall mediate and resolve the objections to the Preliminary Plans within thirty (30) days after the selection termination of the Design Arbitrator by Landlord and Tenant. Landlord and Tenant shall pay equally all costs and fees associated with the use of the Design ArbitratorLease.
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Preliminary Plans and Specifications. Within 75 days Promptly after execution of the commencement Lease, Tenant may request that Landlord’s Architect complete a preliminary test fit (“Test Fit”) based upon Tenant’s parameters, the cost of work on the Land for the construction which shall be borne by Tenant, subject to application of an allowance therefor to be provided by Landlord of up to $0.05 per rentable square foot of the BuildingPremises (i.e., $27,818.10 based upon the Premises containing 556,362 rentable square feet). Within ten (10) days after execution of the Lease, Tenant shall retain a licensed and insured architect, which shall be subject to Landlord’s prior reasonable approval (“Tenant’s Architect”) to prepare preliminary working architectural and deliver to Landlord for approval a copy of preliminary engineering plans and specifications ("“Preliminary Plans"Plans and Specifications”) for the Tenant Improvements to Improvements. Landlord acknowledges its approval of the Premises. "following architects for the Tenant Improvements" consist of those items set forth in Exhibit C, which are in addition to the base building improvements to be constructed by Landlord as set forth in Exhibit G of this Lease: ARC TEC. Within fifteen (15) days after receipt of Tenant shall deliver the Preliminary PlansPlans and Specifications to Landlord. The Preliminary Plans and Specifications shall be in sufficient detail to show locations, types and requirements for all heat loads, people loads, floor loads, power and plumbing, regular and special HVAC needs, electrical outlets, lighting, lighting fixtures and related power, and electrical and telephone switches. Landlord shall approve in writing the Preliminary Plans, such approval not to be reasonably withheld, or deliver to Tenant its specific objections to the Preliminary Plans, together with its proposed solution to each objection. If Landlord fails to either approve or disapprove the Preliminary Plans and Specifications (and will not unreasonably condition its approval thereof) within such periodfive (5) business days after Landlord receives the Preliminary Plans and Specifications and, if reasonably disapproved, Landlord shall be deemed to have approved the Preliminary Plans. If the parties are unable to resolve Landlord's objections to return the Preliminary Plans within fourteen (14and Specifications to Tenant with a detailed explanation of the reason(s) days after for disapproval. Representatives of both parties shall promptly make themselves available to discuss and resolve Landlord’s comments or revisions, and such documents shall promptly be revised by Tenant has received notice of Landlord's objectionsto incorporate any agreed upon changes. In the event the parties cannot reach agreement and resolve all disputed matters relating to any such documents, the parties shall promptly meet and confer and negotiate in good faith to reach agreement on any disputed matters, and any delay resulting therefrom shall be a “Tenant and Plan Delay.” This procedure shall be repeated until Landlord agree to submit Landlord's objections to approves the Preliminary Plans to an accredited design review or architectural firm mutually acceptable to Landlord and Tenant (the "Design Arbitrator")Specifications. The Design Arbitrator shall mediate and resolve the objections to the approved Preliminary Plans within thirty (30) days after and Specifications, as modified, shall be deemed the selection of the Design Arbitrator by Landlord “Final Preliminary Plans and Tenant. Landlord and Tenant shall pay equally all costs and fees associated with the use of the Design ArbitratorSpecifications”.
Appears in 1 contract
Samples: Lease Agreement (Linkedin Corp)
Preliminary Plans and Specifications. Within 75 days As soon as reasonably practicable after Chief Real Estate Officer’s approval of the commencement of work on Lessee’s Deliverables pursuant to Subsection 5.4.1 and in accordance with the Land for the construction of the Building, Tenant shall prepare and deliver to Landlord for approval a copy of preliminary plans and specifications ("Preliminary Plans") for the Tenant Improvements to the Premises. "Tenant Improvements" consist of those items deliverables schedule set forth in Exhibit Cthe Construction Schedule, which are in addition Lessee shall submit to Chief Real Estate Officer six (6) sets of preliminary plans, outline specifications and construction cost estimates for the base building improvements to be constructed by Landlord as Redevelopment Work on the Property (collectively, the “Preliminary Plans”). The Preliminary Plans shall conform to, expand upon and reflect a natural evolution from the descriptions and estimates set forth in Exhibit G the Lessee’s Deliverables previously approved by Chief Real Estate Officer and be consistent, in all material respects, with the Lessee’s Deliverables, the Approved Proposal Submittals previously approved by Chief Real Estate Officer, or otherwise include a detailed explanation of this Leasethe reasons for all material deviations from the Approved Proposal Submittals. Within fifteen Lessee shall identify on all documents submitted with the Preliminary Plans to the CREO Office, all Material Modifications and other difference in the scope, size, configuration, arrangement or motif of the designed Improvements from those described in the previously approved Lessee’s Deliverables. The Preliminary Plans shall be of a detail and scope that is typically associated with design development drawings. Chief Real Estate Officer shall have thirty (1530) days after from receipt within which to approve or reasonably disapprove the Preliminary Plans submitted for the Property, provided that it shall be reasonable for the Chief Real Estate Officer to disapprove said preliminary plans on the grounds that, among other things, they include Material Modifications to Lessee’s Deliverables, Construction Schedule or Construction Budget previously approved by Chief Real Estate Officer in accordance with this Section 5.4, or otherwise do not reflect a natural evolution from the previously approved Lessee’s Deliverables. Chief Real Estate Officer shall have thirty (30) days following receipt of the Preliminary Plans, Landlord shall approve in writing the Preliminary Plans, such approval not to be reasonably withheld, Plans or deliver to Tenant its specific objections any subsequent change to the Preliminary Plans, together with its proposed solution within which to each objection. If Landlord fails to either approve or disapprove the such Preliminary Plans or Material Modification in writing. If Chief Real Estate Officer fails to approve or disapprove such submission within such period, Landlord shall be deemed to have approved the Preliminary Plans. If the parties are unable to resolve Landlord's objections to the Preliminary Plans within fourteen (14) days after Tenant has received notice of Landlord's objections, Tenant and Landlord agree to submit Landlord's objections to the Preliminary Plans to an accredited design review or architectural firm mutually acceptable to Landlord and Tenant (the "Design Arbitrator"). The Design Arbitrator shall mediate and resolve the objections to the Preliminary Plans within thirty (30) days after day period, Lessee shall thereafter deliver a transmittal letter to the selection of CREO Office containing the Design Arbitrator by Landlord and Tenantfollowing text prominently displayed in bold-faced type on the first page: “PURSUANT TO SUBSECTION 5.4.2 OF THE LEASE, YOU HAVE TWENTY (20) DAYS AFTER RECEIPT OF THIS LETTER TO APPROVE OR DISAPPROVE LESSEE’S PRELIMINARY PLANS OR ANY MATERIAL MODIFICATIONS TO THE PRELIMINARY PLANS. Landlord and Tenant shall pay equally all costs and fees associated with the use of the Design ArbitratorYOUR FAILURE TO DISAPPROVE THE SAME IN WRITING WITHIN TWENTY (20) DAYS OF YOUR RECEIPT OF THIS LETTER WILL CONSTITUTE YOUR APPROVAL OF SUCH PRELIMINARY PLANS OR ANY SUBSEQUENT CHANGE TO THE PRELIMINARY PLANS, AS APPLICABLE.”
Appears in 1 contract
Samples: Ground Lease Agreement
Preliminary Plans and Specifications. Within 75 days of the commencement of work on the Land for the construction of the Building, Tenant shall retain a reputable architect ("Architect") to prepare preliminary working architectural and deliver to Landlord for approval a copy of preliminary engineering plans and specifications ("Preliminary PlansPlans and Specifications") for the Tenant Improvements Improvements. The Architect shall be subject to the Premises. "Tenant Improvements" consist prior written approval of those items set forth in Exhibit CLandlord, which are in addition to the base building improvements to be constructed by approval Landlord as set forth in Exhibit G of this Leaseshall not unreasonably withhold. Within fifteen (15) days after receipt Upon completion of the Preliminary PlansPlans and Specifications, Tenant shall deliver the same to Landlord. The Preliminary Plans and Specifications shall show locations of all proposed partitions and doors and shall include a typical office plan which shows electrical and data/communication outlets, fixtures, and reflected ceiling plan. Landlord shall approve in writing the Preliminary Plans, such approval not to be reasonably withheld, or deliver to Tenant its specific objections to the Preliminary Plans, together with its proposed solution to each objection. If Landlord fails to either approve or disapprove the Preliminary Plans and Specifications in writing within such periodten (10) business days after Landlord receives the Preliminary Plans and Specifications, and, if disapproved, Landlord shall be deemed to have approved the Preliminary Plans. If the parties are unable to resolve Landlord's objections to return the Preliminary Plans within fourteen (14) days and Specifications to Tenant with a reasonably specific explanation of the reasons for Landlord's disapproval. Tenant shall make all necessary revisions requested by Landlord after Tenant has received notice Tenant's receipt of Landlord's objections, Tenant and Landlord agree to submit Landlord's objections to disapproval of the Preliminary Plans to an accredited design review and Specifications. Landlord shall approve or architectural firm mutually acceptable to disapprove the revised Preliminary Plans and Specifications in writing within five (5) business days after Landlord receives the revised Preliminary Plans and Tenant (Specifications, and, if reasonably disapproved, Landlord shall return the "Design Arbitrator")revised Preliminary Plans and Specifications with a reasonably specific explanation of the reasons for Landlord's disapproval. The Design Arbitrator revision procedure specified in this paragraph shall mediate and resolve the objections to be repeated until Landlord approves the Preliminary Plans within thirty (30) days after and Specifications. Landlord shall not have the selection right to disapprove any element of the Design Arbitrator by Landlord Preliminary Plans aid Specifications or the Final Plans and Tenant. Landlord and Tenant shall pay equally all costs and fees associated Specifications unless such element would (i) adversely affect the structure of the Building, (ii) adversely affect the Building Systems, (iii) not comply with Laws, (iv) affect the exterior of the Building, or (v) unreasonably interfere with the use of the Design Arbitratornormal and customary business operations typical for general office uses.
Appears in 1 contract
Samples: Sublease (eHealth, Inc.)
Preliminary Plans and Specifications. Within 75 days Following the execution of the commencement of work on the Land for the construction of the BuildingSecond Amendment, Tenant shall retain a licensed and insured architect (“Architect”), approved by Landlord or from a list of architects pre-approved by Landlord, to prepare preliminary working architectural and deliver to Landlord for approval a copy of preliminary engineering plans and specifications ("“Preliminary Plans"Plans and Specifications”) for the Tenant Improvements to the PremisesImprovements. "Tenant Improvements" consist of those items set forth in Exhibit C, which are in addition to the base building improvements to be constructed by Landlord as set forth in Exhibit G of this Lease. Within fifteen (15) days after receipt of shall deliver the Preliminary PlansPlans and Specifications to Landlord. The Preliminary Plans and Specifications shall be in sufficient detail to show locations, types and requirements for all heat loads, people loads, floor loads, power and plumbing, regular and special HVAC needs, telephone communications, telephone and electrical outlets, lighting, lighting fixtures and related power, and electrical and telephone switches. Landlord shall approve in writing the Preliminary Plans, such approval not to be reasonably withheld, or deliver to Tenant its specific objections to the Preliminary Plans, together with its proposed solution to each objection. If Landlord fails to either approve or disapprove the Preliminary Plans and Specifications within such periodten (10) days after Landlord receives the Preliminary Plans and Specifications and, if disapproved, Landlord shall be deemed to have approved the Preliminary Plans. If the parties are unable to resolve Landlord's objections to return the Preliminary Plans and Specifications to Tenant, who shall make all necessary revisions within fourteen ten (1410) days after Tenant’s receipt thereof. Representatives of both parties shall promptly make themselves available to discuss and resolve any such comments or revisions, and such documents shall promptly be revised by Tenant has received notice of Landlord's objectionsto incorporate any agreed upon changes. In the event the parties cannot reach agreement and resolve all disputed matters relating to any such documents, Tenant the parties shall promptly meet and confer and negotiate in good faith to reach agreement on any disputed matters. This procedure shall be repeated until Landlord agree to submit Landlord's objections to approves the Preliminary Plans to an accredited design review or architectural firm mutually acceptable to Landlord and Tenant (the "Design Arbitrator")Specifications. The Design Arbitrator shall mediate and resolve the objections to the approved Preliminary Plans within thirty (30) days after and Specifications, as modified, shall be deemed the selection of the Design Arbitrator by Landlord “Final Preliminary Plans and Tenant. Landlord and Tenant shall pay equally all costs and fees associated with the use of the Design ArbitratorSpecifications”.
Appears in 1 contract
Samples: Lease Agreement (Proofpoint Inc)
Preliminary Plans and Specifications. Within 75 days of the commencement of work on the Land for the construction of the Building, Tenant shall retain a reputable architect (“Architect”) to prepare preliminary working architectural and deliver to Landlord for approval a copy of preliminary engineering plans and specifications ("“Preliminary Plans"Plans and Specifications”) for the Tenant Improvements Improvements. The Architect shall be subject to the Premises. "Tenant Improvements" consist prior written approval of those items set forth in Exhibit CLandlord, which are in addition to the base building improvements to be constructed by approval Landlord as set forth in Exhibit G of this Leaseshall not unreasonably withhold. Within fifteen (15) days after receipt Upon completion of the Preliminary PlansPlans and Specifications, Tenant shall deliver the same to Landlord. The Preliminary Plans and Specifications shall show locations of all proposed partitions and doors and shall include a typical office plan which shows electrical and data/communication outlets, fixtures, and reflected ceiling plan. Landlord shall approve in writing the Preliminary Plans, such approval not to be reasonably withheld, or deliver to Tenant its specific objections to the Preliminary Plans, together with its proposed solution to each objection. If Landlord fails to either approve or disapprove the Preliminary Plans and Specifications in writing within such periodten (10) business days after Landlord receives the Preliminary Plans and Specifications, and, if disapproved, Landlord shall be deemed to have approved the Preliminary Plans. If the parties are unable to resolve Landlord's objections to return the Preliminary Plans within fourteen (14) days and Specifications to Tenant with a reasonably specific explanation of the reasons for Landlord’s disapproval. Tenant shall make all necessary revisions requested by Landlord after Tenant has received notice Tenant’s receipt of Landlord's objections, Tenant and Landlord agree to submit Landlord's objections to ’s disapproval of the Preliminary Plans to an accredited design review and Specifications. Landlord shall approve or architectural firm mutually acceptable to disapprove the revised Preliminary Plans and Specifications in writing within five (5) business days after Landlord receives the revised Preliminary Plans and Tenant (Specifications, and, if reasonably disapproved, Landlord shall return the "Design Arbitrator")revised Preliminary Plans and Specifications with a reasonably specific explanation of the reasons for Landlord’s disapproval. The Design Arbitrator revision procedure specified in this paragraph shall mediate and resolve the objections to be repeated until Landlord approves the Preliminary Plans within thirty (30) days after and Specifications. Landlord shall not have the selection right to disapprove any element of the Design Arbitrator by Landlord Preliminary Plans and Tenant. Landlord Specifications or the Final Plans and Tenant shall pay equally all costs and fees associated Specifications unless such element would (i) adversely affect the structure of the Building, (ii) adversely affect the Building Systems, (iii) not comply with Laws, (iv) affect the exterior of the Building, or (v) unreasonably interfere with the use of the Design Arbitratornormal and customary business operations typical for general office uses.
Appears in 1 contract
Samples: Lease Agreement (eHealth, Inc.)
Preliminary Plans and Specifications. Within 75 days of the commencement of work on the Land for the construction of the Building, Tenant shall retain a ------------------------------------ reputable architect ("Architect") to prepare preliminary working architectural and deliver to Landlord for approval a copy of preliminary engineering plans and specifications ("Preliminary PlansTenant Improvement Plans and Specifications") for the Tenant Improvements Improvements. The Architect shall be subject to the Premises. "Tenant Improvements" consist prior written approval of those items set forth in Exhibit CLandlord, which are in addition to the base building improvements to be constructed by Landlord as set forth in Exhibit G of this Leaseshall not unreasonably withhold. Within fifteen (15) days after receipt of Tenant shall deliver the Preliminary PlansTenant Improvement Plans and Specifications to Landlord. The Preliminary Tenant Improvement Plans and Specifications shall be in sufficient detail to show locations, types and requirements for all heat loads, people loads, floor loads, power and plumbing, regular and special HVAC needs, telephone communications, telephone and electrical outlets, lighting, lighting fixtures and related power, and electrical and telephone switches. Landlord shall approve in writing the Preliminary Plans, such approval not to be reasonably withheld, or deliver to Tenant its specific objections to the Preliminary Plans, together with its proposed solution to each objection. If Landlord fails to either approve or disapprove the Preliminary Tenant Improvement Plans and Specifications within such periodten (10) days after Landlord receives the Preliminary Tenant Improvement Plans and Specifications and, if disapproved, Landlord shall be deemed to have approved return the Preliminary PlansTenant Improvement Plans and Specifications to Tenant, who shall make all necessary revisions within ten (10) days after Tenant's receipt thereof. If This procedure shall be repeated until Landlord approves the parties are unable to resolve Landlord's objections Preliminary Tenant Improvement Plans and Specifications; provided, however, Landlord shall approve or disapprove any Landlord requested revisions to the Preliminary Tenant Improvement Plans and Specifications within fourteen five (145) days after Tenant has received notice of Landlord's objections, Tenant and Landlord agree to submit Landlord's objections to the Preliminary Plans to an accredited design review or architectural firm mutually acceptable to Landlord and Tenant (the "Design Arbitrator"). The Design Arbitrator shall mediate and resolve the objections to the Preliminary Plans within thirty (30) days after the selection receipt of the Design Arbitrator by Landlord and Tenant. Landlord and Tenant shall pay equally all costs and fees associated with the use of the Design Arbitratorsuch revisions.
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