Common use of Preliminary Plans Clause in Contracts

Preliminary Plans. Tenant shall cause Architect to deliver preliminary plans (the "Preliminary Plans") for the Tenant Improvements to be performed at the Premises to Landlord after the execution of this Lease. Within five (5) days after Landlord's receipt of the Preliminary Plans, Landlord shall either approve or disapprove the Preliminary Plans. If Landlord disapproves the Preliminary Plans, then Landlord shall state in reasonable detail the changes which Landlord requires to be made thereto. Tenant shall submit to Landlord revised Preliminary Plans within five (5) days after Tenant's receipt of Landlord's disapproval notice. Following Landlord's receipt of the revised Preliminary Plans from Tenant, Landlord shall have the right to review and approve the revised Preliminary Plans pursuant to this Paragraph 2. 2.1. Landlord shall give Tenant written notice of its approval or disapproval of the revised Preliminary Plans within five (5) days after the date of Landlord's receipt thereof. If Landlord disapproves the revised Preliminary Plans, then Landlord and Tenant shall continue to follow the procedures set forth in this Paragraph 2.2.1 until either (x) Landlord and Tenant approve the Preliminary Plans in accordance with this Paragraph 2.2.1, or (y) the date that is thirty ( 30) days after submittal of the initial Preliminary Plans, whichever shall first occur. If Landlord and Tenant do not mutually agree upon the Preliminary Plans within thirty (30) days after the execution of the Lease, then Landlord may in its sole discretion terminate the Lease upon written notice to Tenant. If Landlord neither approves nor disapproves the Preliminary Plans or the revised Preliminary Plans within the applicable time periods provided above, Landlord shall be deemed to have disapproved such Preliminary Plans as submitted.

Preliminary Plans. On or before the Submission Date, Tenant shall cause Architect to deliver preliminary plans (the "Preliminary Plans") will cooperate with Landlord and submit all information necessary for the Tenant Improvements to be performed at the Premises to Landlord after the execution of this Lease. Within five (5) days after Landlord's receipt preparation of the Preliminary PlansPlans ("Design Information"). Each day after the Submission Date until Tenant has provided all Design Information will be a day of Tenant's delay. Promptly after receipt of all Design Information, Landlord shall either approve or disapprove will cause its architect to prepare the Preliminary Plans. If Landlord disapproves Plans based on the Preliminary Plans, then Landlord submitted Design Information and shall state in reasonable detail the changes which Landlord requires submit same to be made theretoTenant for review. Tenant shall submit have 5 business days to review the proposed Preliminary Plans and either approve same or deliver to Landlord a notice containing Tenant's objections to same set forth in reasonable detail. Promptly upon receipt of any objection from tenant, Landlord will cause its architect to prepare the Preliminary Plans based on the submitted Design Information, Landlord will cause its architect to prepare revised Preliminary Plans within five (5) days after Tenant's receipt of Landlord's disapproval notice. Following Landlord's receipt of according to such notice and submit the revised Preliminary Plans from to Tenant, Landlord shall have the right . Upon submittal to review and approve the revised Preliminary Plans pursuant to this Paragraph 2. 2.1. Landlord shall give Tenant written notice of its approval or disapproval of the revised Preliminary Plans within five (5) days after the date of Landlord's receipt thereof. If Landlord disapproves the revised Preliminary Plans, then and upon submittal of any further revisions, the procedures described above will be repeated. Tenant represents to Landlord that Tenant will furnish to Landlord and Tenant shall continue to follow the procedures set forth party preparing the Construction Documents all information necessary such that (following construction of the Leasehold Improvements in this Paragraph 2.2.1 until either accordance with the Construction Documents and, thus, during the term of the Lease as amended) the Leasehold Improvements will be in compliance with the Americans With Disabilities Act of 1990, 42 U.S.C. §§12101-12213 and any state disability or handicapper's acts (collectively "Disability Acts"), as the provisions of such Disability Acts exist on the date upon which the Third Amendment is fully executed by the parties thereto. TENANT SHALL BE RESPONSIBLE FOR AND SHALL INDEMNIFY AND HOLD HARMLESS LANDLORD FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES AND EXPENSES (INCLUDING, WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES AND EXPENSES) INCURRED BY OR ASSERTED AGAINST LANDLORD BY REASON OF OR IN CONNECTION WITH ANY VIOLATION OF THE DISABILITY ACTS (AS THE PROVISIONS OF SUCH DISABILITY ACTS EXIST ON THE DATE UPON WHICH THE THIRD AMENDMENT IS FULLY EXECUTED BY THE PARTIES THERETO) ARISING FROM OR OUT OF (x) information or design and space plans furnished to Landlord by Tenant (or the lack of complete and Tenant approve accurate information so furnished) concerning the Preliminary Plans in accordance with this Paragraph 2.2.1Leasehold Improvements, or (y) the date that is thirty ( 30Tenant's employer-employee obligations. The foregoing indemnity shall not include any claims, liabilities or expenses (including reasonable attorneys' fees and expenses) days after submittal arising out of the initial Preliminary Plansnegligence or gross negligence of Landlord or Landlord's employees, whichever shall first occuragents or contractors. If Without limiting the foregoing, if Landlord and constructs the Leasehold Improvements based on any special requirements or improvements required by Tenant, or upon information furnished by Tenant do not mutually agree upon the Preliminary Plans within thirty (30) days after the execution that later proves to be inaccurate or incomplete resulting in any violation of the LeaseDisability Acts, then Landlord may in its sole discretion terminate the Lease upon written notice to Tenant. If Landlord neither approves nor disapproves the Preliminary Plans or the revised Preliminary Plans within the applicable time periods provided above, Landlord Tenant shall be deemed solely liable to have disapproved correct such Preliminary Plans violations and to bring the improvements into compliance with the Disability Acts as submittedpromptly as is practicable.

Preliminary Plans. On or before the Submission Date, Tenant shall cause Architect to deliver preliminary plans (the "Preliminary Plans") will cooperate with Landlord and submit all information necessary for the Tenant Improvements to be performed at the Premises to Landlord after the execution of this Lease. Within five (5) days after Landlord's receipt preparation of the Preliminary PlansPlans ("Design Information"). Each day after the Submission Date until Tenant has provided all Design Information will be a day of Tenant's delay. Promptly after receipt of all Design Information, Landlord shall either approve or disapprove will cause its architect to prepare the Preliminary Plans. If Landlord disapproves Plans based on the Preliminary Plans, then Landlord submitted Design Information and shall state in reasonable detail the changes which Landlord requires submit same to be made theretoTenant for review. Tenant shall submit have 5 business days to review the proposed Preliminary Plans and either approve same or deliver to Landlord a notice containing Tenant's objections to same set forth in reasonable detail. Each day after said 5 business day period until Tenant either approves the proposed Preliminary or delivers notice of objections will be a day of Tenant's delay. Promptly upon receipt of any objection from tenant, Landlord will cause its architect to prepare the Preliminary Plans based on the submitted Design Information, Landlord will cause its architect to prepare revised Preliminary Plans within five (5) days after Tenant's receipt of Landlord's disapproval notice. Following Landlord's receipt of according to such notice and submit the revised Preliminary Plans from to Tenant, Landlord shall have the right . Upon submittal to review and approve the revised Preliminary Plans pursuant to this Paragraph 2. 2.1. Landlord shall give Tenant written notice of its approval or disapproval of the revised Preliminary Plans within five (5) days after the date of Landlord's receipt thereof. If Landlord disapproves the revised Preliminary Plans, and upon submittal of any further revisions, the procedures described above will be repeated. if the revised Preliminary Plans, or any further revisions, are consistent with the Design information and all requirements identified in Tenant's prior notice(s) of objections, then each day following Landlord's receipt of Tenant's notice of any additional objections until the day on which Landlord receives Tenant's written approval of the Preliminary Plans will be a day of Tenant's delay. Tenant represents to Landlord that Tenant has furnished to Landlord and Tenant shall continue to follow the procedures set forth party preparing the Construction Documents all information necessary such that (following construction of the Leasehold Improvements in this Paragraph 2.2.1 until either accordance with the Construction Documents) Tenant, the Premises and the Leasehold Improvements will be in compliance with the Americans With Disabilities Act of 1990, 42 U.S.C. ss.ss.12101-12213 and any state disability or handicapper's acts (collectively "Disability Acts"). TENANT SHALL BE RESPONSIBLE FOR AND SHALL INDEMNIFY AND HOLD HARMLESS LANDLORD FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES AND EXPENSES (INCLUDING, WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES AND EXPENSES) INCURRED BY OR ASSERTED AGAINST LANDLORD BY REASON OF OR IN CONNECTION WITH ANY VIOLATION OF THE DISABILITY ACTS ARISING FROM OR OUT OF (x) information or design and space plans furnished to Landlord by Tenant (or the lack of complete and Tenant approve accurate information so furnished) concerning the Preliminary Plans in accordance with this Paragraph 2.2.1Leasehold Improvements, (y) Tenant's employer-employee obligations, or (yz) after the date that is thirty ( 30Commencement Date, violations by Tenant and/or the Leasehold Improvements or the Premises not being in compliance with the Disability Acts as the result of changes in regulations or law or interpretations thereof not in effect on the Commencement Date. The foregoing indemnity shall not include any claims, liabilities or expenses (including reasonable attorneys' fees and expenses) days after submittal arising out of the initial Preliminary Plansnegligence or gross negligence of Landlord or Landlord's employees, whichever shall first occuragents or contractors. If Without limiting the foregoing, if Landlord and constructs the Leasehold Improvements based on any special requirements or improvements required by Tenant, or upon information furnished by Tenant do not mutually agree upon the Preliminary Plans within thirty (30) days after the execution that later proves to be inaccurate or incomplete resulting in any violation of the LeaseDisability Acts, then Landlord may in its sole discretion terminate the Lease upon written notice to Tenant. If Landlord neither approves nor disapproves the Preliminary Plans or the revised Preliminary Plans within the applicable time periods provided above, Landlord Tenant shall be deemed solely liable to have disapproved correct such Preliminary Plans violations and to bring the improvements into compliance with the Disability Acts as submittedpromptly as is practicable.

Preliminary Plans. Tenant shall cause Architect to deliver prepare preliminary plans (the "Preliminary Plans") for the Tenant Improvements Tenant's Work to be performed at the Premises. Tenant shall cause Architect to deliver the Preliminary Plans for Tenant's Work at the 8th Floor Premises to Landlord after the execution of this Leaseon or before ______________. Within five (5) 5 days after Landlord's receipt of the Preliminary Plans, Landlord shall either approve or disapprove the Preliminary Plans, which approval shall not be unreasonably withheld. Failure of Landlord to approve or disapprove the Preliminary Plans within such 5-day period shall be deemed to constitute Landlord's approval of the Preliminary Plans. If Landlord disapproves the Preliminary Plans, then Landlord shall state in reasonable detail the changes which Landlord requires to be made thereto. Tenant shall submit to Landlord revised Preliminary Plans within five (5) 5 business days after Tenant's receipt of Landlord's disapproval notice. Following Landlord's receipt of the revised Preliminary Plans from Tenant, Landlord shall have the right to review and approve the revised Preliminary Plans pursuant to this Paragraph 24. 2.1. Landlord shall give Tenant written notice of its approval or disapproval of the revised Preliminary Plans within five (5) 5 days after the date of Landlord's receipt thereof. Failure of Landlord to approve or disapprove the Preliminary Plans within such 5-day period shall be deemed to constitute Landlord's approval of the revised Preliminary Plans. If Landlord disapproves the revised Preliminary Plans, then Landlord and Tenant shall continue to follow the procedures set forth in this Paragraph 2.2.1 4.2.1 until either (x) Landlord and Tenant approve the Preliminary Plans in accordance with this Paragraph 2.2.1, or (y) the date that is thirty ( 30) days after submittal of the initial Preliminary Plans, whichever shall first occur. If Landlord and Tenant do not mutually agree upon the Preliminary Plans within thirty (30) days after the execution of the Lease, then Landlord may in its sole discretion terminate the Lease upon written notice to Tenant. If Landlord neither approves nor disapproves the Preliminary Plans or the revised Preliminary Plans within the applicable time periods provided above, Landlord shall be deemed to have disapproved such Preliminary Plans as submitted4.2.1.

Preliminary Plans. Tenant shall cause Architect to deliver prepare preliminary plans (the "Preliminary Plans"“PRELIMINARY PLANS”) for the Tenant Improvements to be performed at the Premises Premises. Tenant shall cause Architect to deliver the Preliminary Plans to Landlord after the execution of this Leaseon or before February 28, 1997. Within five (5) days after Landlord's ’s receipt of the Preliminary Plans, Landlord shall either approve or disapprove the Preliminary Plans, which approval shall not be unreasonably withheld. Failure of Landlord to approve or disapprove the Preliminary Plans within such five-day period shall be deemed to constitute Landlord’s approval of the Preliminary Plans. If Landlord disapproves the Preliminary Plans, then Landlord shall state in reasonable detail the changes which Landlord requires to be made thereto. Tenant shall submit to Landlord revised Preliminary Plans within five (5) days after Tenant's ’s receipt of Landlord's ’s disapproval notice. Following Landlord's ’s receipt of the revised Preliminary Plans from Tenant, Landlord shall have the right to review and approve the revised Preliminary Plans pursuant to this Paragraph PARAGRAPH 2. 2.1. Landlord shall give Tenant written notice of its approval or disapproval of the revised Preliminary Plans within five (5) days after the date of Landlord's ’s receipt thereof. Failure of Landlord to approve or disapprove the Preliminary Plans within such five-day period shall be deemed to constitute Landlord’s approval of the revised Preliminary Plans. If Landlord disapproves the revised Preliminary Plans, then Landlord and Tenant shall continue to follow the procedures set forth in this Paragraph PARAGRAPH 2.2.1 until either (x) Landlord and Tenant approve the Preliminary Plans in accordance with this Paragraph PARAGRAPH 2.2.1, or (y) the date that is thirty ( 30) days after submittal of the initial Preliminary Plans, whichever shall first occur. If Landlord and Tenant do not mutually agree upon the Preliminary Plans within thirty (30) days after the execution of the Lease, then Landlord may in its sole discretion terminate the Lease upon written notice to Tenant. If Landlord neither approves nor disapproves the Preliminary Plans or the revised Preliminary Plans within the applicable time periods provided above, Landlord shall be deemed to have disapproved such Preliminary Plans as submitted.

Preliminary Plans. Tenant shall cause Architect to deliver prepare ----------------- preliminary plans (the "Preliminary Plans") for the Tenant Improvements to be ----------------- performed at the Premises Premises. Tenant shall cause Architect to deliver the Preliminary Plans to Landlord after the execution of this Leaseon or before October 25 1996. Within five (5) days after Landlord's receipt of the Preliminary Plans, Landlord shall either approve or disapprove the Preliminary Plans, which approval shall not be unreasonably withheld. Failure of Landlord to approve or disapprove the Preliminary Plans within such five-day period shall constitute grounds for the assertion of a Landlord Delay, and Tenant shall have the right to deliver a Delay Notice to Landlord as early as two (2) business days before expiration of such 5-day period. If Landlord disapproves the Preliminary Plans, then Landlord shall state in reasonable detail the changes which Landlord requires to be made thereto. Tenant shall submit to Landlord revised Preliminary Plans within five (5) days after Tenant's receipt of Landlord's disapproval notice. Following Landlord's receipt of the revised Preliminary Plans from Tenant, Landlord shall have the right to review and approve the revised Preliminary Plans pursuant to this Paragraph 2. 2.1. Landlord shall give Tenant written notice of its approval or --------------- disapproval of the revised Preliminary Plans within five (5) days after the date of Landlord's receipt thereof. Failure of Landlord to approve or disapprove the Preliminary Plans within such five-day period shall constitute grounds for the assertion of a Landlord Delay, and Tenant shall have the right to deliver a Delay Notice to Landlord as early as two (2) business days before expiration of such 5-day period. If Landlord disapproves the revised Preliminary Plans, then Landlord and Tenant shall continue to follow the procedures set forth in this Paragraph 2.2.1 until either (x) Landlord and Tenant reasonably approve the Preliminary --------------- Plans in accordance with this Paragraph 2.2.1, or (y) the date that is thirty ( 30) days after submittal of the initial Preliminary Plans, whichever shall first occur. If Landlord and Tenant do not mutually agree upon the Preliminary Plans within thirty (30) days after the execution of the Lease, then Landlord may in its sole discretion terminate the Lease upon written notice to Tenant. If Landlord neither approves nor disapproves the Preliminary Plans or the revised Preliminary Plans within the applicable time periods provided above, Landlord shall be deemed to have disapproved such Preliminary Plans as submitted.---------------

Preliminary Plans. Tenant shall cause Architect Prior to deliver preliminary plans (the "Preliminary Plans") for the Tenant Improvements to be performed at the Premises to Landlord after the execution of this Lease. Within five (5) days after Landlord's receipt commencement of the Preliminary Plansinstallation and construction of the First Amendment Subtenant Improvements, Landlord shall either approve or disapprove the Preliminary Plans. If Landlord disapproves the Preliminary Plans, then Landlord shall state in reasonable detail the changes which Landlord requires to be made thereto. Tenant Subtenant shall submit to Landlord revised Preliminary Plans within five and Sublandlord for their approval the plans and specification for the First Amendment Subtenant Improvements, as well as a list of all contractors whom Subtenant proposes to retain to perform such work (5) days after Tenant's receipt of Landlord's disapproval noticethe “Space Plan”). Following Landlord's receipt of the revised Preliminary Plans from Tenant, Landlord Subtenant shall have the right to review access the First Amendment Expansion Space prior to the First Amendment Expansion Date solely to prepare the Space Plan, allow subcontractors to bid on the work, and approve obtain all permits necessary to perform the revised Preliminary Plans pursuant First Amendment Subtenant Improvements. All of Subtenant’s contractors, subcontractors, engineers, consultants, architects and any other person or party entering into the First Amendment Expansion Space on behalf of Subtenant prior to this Paragraph 2. 2.1. Landlord shall give Tenant written notice of its approval or disapproval of the revised Preliminary Plans within five (5) days after First Amendment Expansion Date for the date of Landlord's receipt thereof. If Landlord disapproves the revised Preliminary Plans, then Landlord and Tenant shall continue to follow the procedures purposes set forth in this Paragraph 2.2.1 until either Section must carry employer’s liability and worker’s compensation insurance covering all of their respective employees, and shall also carry commercial general liability insurance covering personal and bodily injury and property damage. Subtenant shall indemnify, defend, protect and hold Sublandlord harmless (xa) Landlord from and Tenant approve the Preliminary Plans in accordance with this Paragraph 2.2.1against any loss, cost, damage or liability (including attorneys’ fees) of any kind or nature arising out of, by reason of, or resulting from, Subtenant’s entry into the First Amendment Expansion Space prior to the First Amendment Expansion Date, and (yb) in the date that is thirty ( 30) days after submittal event Landlord objects to Subtenant’s entry into the First Amendment Expansion Space prior to the First Amendment Expansion Date, any claims made by Landlord against Sublandlord in connection with such entry by Subtenant and Subtenant shall have no further right to such entry until Landlord provides its Consent to the First Amendment. Subtenant shall coordinate such entry with Sublandlord. For the avoidance of doubt, Subtenant shall not take possession of or have the right to control physical use of the initial Preliminary PlansFirst Amendment Expansion Space until the First Amendment Expansion Date, whichever shall first occur. If Landlord and Tenant do not mutually agree upon unless otherwise agreed by the Preliminary Plans within thirty (30) days after the execution of the Lease, then Landlord may in its sole discretion terminate the Lease upon written notice to Tenant. If Landlord neither approves nor disapproves the Preliminary Plans or the revised Preliminary Plans within the applicable time periods provided above, Landlord shall be deemed to have disapproved such Preliminary Plans as submittedparties.

Preliminary Plans. Tenant has provided Landlord with all information necessary for preparation of the Preliminary Plans (“Design Information”). Promptly after receipt of all Design Information, Landlord will cause its architect to prepare the Preliminary Plans based on the submitted Design Information. Landlord will pay the cost of preparing the initial Preliminary Plans up to the amount of the Test Fit Allowance, which shall cause Architect to deliver preliminary plans (be subtracted from the "Construction Allowance; any additional costs reasonably charged by architect in preparing the Preliminary Plans") for Plans will be included in the Tenant Improvements to be performed at the Premises to Landlord after the execution of this LeaseTotal Cost. Within five (5) business days after Landlord's receipt of the proposed Preliminary Plans, Landlord shall Tenant will either approve the same in writing or disapprove notify Landlord in writing of how the proposed Preliminary Plans are inconsistent with the Design Information and how the Preliminary PlansPlans must be changed in order to overcome Tenant’s objections. If Each day following the 5th business day after the proposed Preliminary Plans are submitted to Tenant until Tenant either approves them or delivers such notice of objections will be a day of Tenant’s delay. Upon receipt of Tenant’s notice of objections, Landlord disapproves the Preliminary Plans, then Landlord shall state in reasonable detail the changes which Landlord requires will cause its architect to be made thereto. Tenant shall submit to Landlord prepare revised Preliminary Plans within five (5) days after Tenant's receipt of Landlord's disapproval notice. Following Landlord's receipt of according to such notice and submit the revised Preliminary Plans from to Tenant, Landlord shall have the right . Upon submittal to review and approve the revised Preliminary Plans pursuant to this Paragraph 2. 2.1. Landlord shall give Tenant written notice of its approval or disapproval of the revised Preliminary Plans within five (5) days after the date of Landlord's receipt thereof. If Landlord disapproves the revised Preliminary Plans, then Landlord and Tenant shall continue to follow upon submittal of any further revisions, the procedures set forth in this Paragraph 2.2.1 until either (x) Landlord and Tenant approve the Preliminary Plans in accordance with this Paragraph 2.2.1, or (y) the date that is thirty ( 30) days after submittal of the initial Preliminary Plans, whichever shall first occurdescribed above will be repeated. If Landlord and Tenant do not mutually agree upon the Preliminary Plans within thirty (30) days after the execution of the Lease, then Landlord may in its sole discretion terminate the Lease upon written notice to Tenant. If Landlord neither approves nor disapproves the Preliminary Plans or the revised Preliminary Plans within the applicable time periods provided above, Landlord shall be deemed to have disapproved such Preliminary Plans as submitted.the

Preliminary Plans. On or before the Submission Date, Tenant shall cause Architect to deliver preliminary plans will cooperate with Landlord and submit all information necessary for preparation of the Preliminary Plans (the "Preliminary PlansDesign Information") for the Tenant Improvements to be performed at the Premises to Landlord ). Each day after the execution Submission Date until Tenant has provided all Design Information will be a day of this LeaseTenant's delay. Promptly after receipt of all Design Information, Landlord will cause its architect to prepare the Preliminary Plans based on the submitted Design Information. Within five (5) 5 business days after Landlord's receipt of the proposed Preliminary Plans, Landlord shall Tenant will either approve the same in writing or disapprove notify Landlord in writing of how the proposed Preliminary Plans are inconsistent with the Design Information and how the Preliminary PlansPlans must be changed in order to overcome Tenant's objections. If Each day following the 5th business day after the proposed Preliminary Plans are submitted to Tenant until Tenant either approves them or delivers such notice of objections will be a day of Tenant's delay. Upon receipt of Tenant's notice of objections, Landlord disapproves the Preliminary Plans, then Landlord shall state in reasonable detail the changes which Landlord requires will cause its architect to be made thereto. Tenant shall submit to Landlord prepare revised Preliminary Plans within five (5) days after Tenant's receipt of Landlord's disapproval notice. Following Landlord's receipt of according to such notice and submit the revised Preliminary Plans from to Tenant, Landlord shall have the right . Upon submittal to review and approve the revised Preliminary Plans pursuant to this Paragraph 2. 2.1. Landlord shall give Tenant written notice of its approval or disapproval of the revised Preliminary Plans within five (5) days after the date of Landlord's receipt thereof. If Landlord disapproves the revised Preliminary Plans, then Landlord and Tenant shall continue to follow upon submittal of any further revisions, the procedures set forth described above will be repeated. If the revised Preliminary Plans, or any further revisions, are consistent with the Design Information and all requirements identified in this Paragraph 2.2.1 Tenant's prior notice(s) of objections, then each day following Landlord's receipt of Tenant's notice of any additional objections until either (x) the day on which Landlord and Tenant approve receives Tenant's approval of the Preliminary Plans in accordance with this Paragraph 2.2.1, or (y) the date that is thirty ( 30) days after submittal will be a day of the initial Preliminary Plans, whichever shall first occur. If Landlord and Tenant do not mutually agree upon the Preliminary Plans within thirty (30) days after the execution of the Lease, then Landlord may in its sole discretion terminate the Lease upon written notice to Tenant. If Landlord neither approves nor disapproves the Preliminary Plans or the revised Preliminary Plans within the applicable time periods provided above, Landlord shall be deemed to have disapproved such Preliminary Plans as submitted's delay.

Preliminary Plans. Tenant shall cause Architect to deliver prepare preliminary plans (the "Preliminary PlansPRELIMINARY PLANS") for the Tenant Improvements to be performed at the Premises Premises. Tenant shall cause Architect to deliver the Preliminary Plans to Landlord after the execution of this Leaseon or before February 28, 1997. Within five (5) days after Landlord's receipt of the Preliminary Plans, Landlord shall either approve or disapprove the Preliminary Plans, which approval shall not be unreasonably withheld. Failure of Landlord to approve or disapprove the Preliminary Plans within such five-day period shall be deemed to constitute Landlord's approval of the Preliminary Plans. If Landlord disapproves the Preliminary Plans, then Landlord shall state in reasonable detail the changes which Landlord requires to be made thereto. Tenant shall submit to Landlord revised Preliminary Plans within five (5) days after Tenant's receipt of Landlord's disapproval notice. Following Landlord's receipt of the revised Preliminary Plans from Tenant, Landlord shall have the right to review and approve the revised Preliminary Plans pursuant to this Paragraph PARAGRAPH 2. 2.1. Landlord shall give Tenant written notice of its approval or disapproval of the revised Preliminary Plans within five (5) days after the date of Landlord's receipt thereof. Failure of Landlord to approve or disapprove the Preliminary Plans within such five-day period shall be deemed to constitute Landlord's approval of the revised Preliminary Plans. If Landlord disapproves the revised Preliminary Plans, then Landlord and Tenant shall continue to follow the procedures set forth in this Paragraph PARAGRAPH 2.2.1 until either (x) Landlord and Tenant approve the Preliminary Plans in accordance with this Paragraph PARAGRAPH 2.2.1, or (y) the date that is thirty ( 30) days after submittal of the initial Preliminary Plans, whichever shall first occur. If Landlord and Tenant do not mutually agree upon the Preliminary Plans within thirty (30) days after the execution of the Lease, then Landlord may in its sole discretion terminate the Lease upon written notice to Tenant. If Landlord neither approves nor disapproves the Preliminary Plans or the revised Preliminary Plans within the applicable time periods provided above, Landlord shall be deemed to have disapproved such Preliminary Plans as submitted.

Preliminary Plans. On or before the Submission Date, Tenant shall cause Architect to deliver preliminary plans will cooperate with Landlord and submit all information necessary for preparation of the Preliminary Plans (the "Preliminary PlansDesign Information") for the Tenant Improvements to be performed at the Premises to Landlord ). Each day after the execution Submission Date until Tenant has provided all Desit7n Information will be a day of this LeaseTenant's delay. Promptly after receipt of all Design Information, Landlord will cause its Architect to prepare the Preliminary Plans based on the submitted Design Information. Within five (5) 5 business days after Landlord's receipt of the proposed Preliminary Plans, Landlord shall Tenant will either approve the same in writing or disapprove notify Landlord in writing, of how the proposed Preliminary Plans are inconsistent with the Design Information and how the Preliminary PlansPlans must be chanced in order to overcome Tenant's objections. If Each day following the 5th business day after the proposed Preliminary Plans are submitted to Tenant until Tenant either approves them or delivers such notice of objections will be a day of Tenant's delay. Upon receipt of Tenant's notice of objections, Landlord disapproves the Preliminary Plans, then Landlord shall state in reasonable detail the changes which Landlord requires will cause its architect to be made thereto. Tenant shall submit to Landlord prepare revised Preliminary Plans within five (5) days after Tenant's receipt of Landlord's disapproval notice. Following Landlord's receipt of according to such notice and submit the revised Preliminary Plans from to Tenant, Landlord shall have the right . Upon submittal to review and approve the revised Preliminary Plans pursuant to this Paragraph 2. 2.1. Landlord shall give Tenant written notice of its approval or disapproval of the revised Preliminary Plans within five (5) days after the date of Landlord's receipt thereof. If Landlord disapproves the revised Preliminary Plans, then Landlord and Tenant shall continue to follow upon submittal of any further revisions, the procedures set forth in this Paragraph 2.2.1 until either (x) Landlord and Tenant approve the Preliminary Plans in accordance with this Paragraph 2.2.1, or (y) the date that is thirty ( 30) days after submittal of the initial Preliminary Plans, whichever shall first occurdescribed above will be repeated. If Landlord and Tenant do not mutually agree upon the Preliminary Plans within thirty (30) days after the execution of the Lease, then Landlord may in its sole discretion terminate the Lease upon written notice to Tenant. If Landlord neither approves nor disapproves the Preliminary Plans or the revised Preliminary Plans within or any further revisions, are consistent with the applicable time periods provided aboveDesign Information and all requirements identified in Tenant's prior notice(s) of objections, then each day following Landlord's receipt of Tenant's notice of any additional objections until the day on which Landlord shall be deemed to have disapproved such receives Tenant's written approval of the Preliminary Plans as submittedwill be a day of Tenant's delay.