Common use of Restoration Approvals Clause in Contracts

Restoration Approvals. Prior to commencing any Restoration above the Threshold Amount, Tenant shall submit completed final drawings and plans and specifications in CADD format for the Restoration prepared by an Architect which comply with all Applicable Laws and, to the extent possible given the amount of damage and destruction to the Project, materially conform to the original Plans and Specifications approved by the FCRHA for the Initial Construction Work or with any changes mutually agreed to by Tenant and the FCRHA, acting in their reasonable discretion (the “Restoration Plans and Specifications”). The FCRHA shall review the proposed Restoration Plans and Specifications to determine whether they do so materially comply. If the FCRHA determines that they do so comply, the FCRHA shall so notify Tenant in writing. If the FCRHA reasonably determines that the Restoration Plans and Specifications do not materially comply with the first sentence of this Section (and any changes agreed to by the parties), the FCRHA shall so notify Tenant, specifying in writing in what respects they do not so comply. In such latter event, Tenant and the FCRHA shall reasonably cooperate with one another in addressing the comments of the FCRHA. Tenant shall revise the proposed Restoration Plans and Specifications to reflect the agreed upon changes and shall then resubmit the Restoration Plans and Specifications to the FCRHA for review. The initial review by the FCRHA shall be carried out within twenty (20) Business Days of the date of submission of the Restoration Plans and Specifications; and the FCRHA’s review of revisions to the Restoration Plans and Specifications shall be carried out within twenty (20) Business Days of the date of submission of the revised Restoration Plans and Specifications. If the FCRHA has not notified Tenant of its determination within twenty (20) Business Days following the FCRHA’s receipt of the Restoration Plans and Specifications or the revised Restoration Plans and Specifications, as the case may be, within such twenty (20) Business Day period, then Tenant shall have the right to give to the FCRHA a second notice stating (in bold, capital letters) “IF THE FCRHA SHALL FAIL TO RESPOND TO TENANT WITHIN FIVE (5) BUSINESS DAYS AFTER THE FCRHA’S RECEIPT OF THIS NOTICE, THE FCRHA’S CONSENT TO THE RESTORATION PLANS AND SPECIFICATIONS SHALL BE DEEMED GIVEN IN ACCORDANCE WITH SECTION 8.02 OF THE LEASE” and if the FCRHA has not notified Tenant of the FCRHA’s approval or disapproval of the Restoration Plans and Specifications or the revised Restoration Plans and Specifications, as the case may be, within such five (5) Business Day period following the FCRHA’s receipt of such second notice, then such Restoration Plans and Specifications or the revised Restoration Plans and Specifications, as the case may be, shall be deemed approved by the FCRHA (but such deemed approval shall be solely in the FCRHA’s proprietary capacity and not in its governmental or regulatory capacity) and no such approval hereunder shall in any manner be deemed to affect, limit or obligate the FCRHA in its governmental or regulatory capacity or the County of Fairfax, Virginia, or any other Governmental Authority (including, without limitation, the Department of Planning and Zoning) in its regulatory or governmental capacity.

Restoration Approvals. Prior to commencing any Restoration above the Threshold AmountRestoration, Tenant shall submit completed final drawings and plans and specifications (which may be in CADD format the form of field marked copies of the original plans and specifications) for the Restoration (the “Restoration Plans and Specifications”) prepared by an Architect which comply with all Applicable Laws andwhich, to the extent possible given the amount of damage and destruction to the Project, materially conform to the original Plans and Specifications approved by the FCRHA Landlord for the Initial Construction Work or with any changes as mutually agreed to by Tenant and the FCRHALandlord, acting in their its reasonable discretion (the “Restoration Plans and Specifications”)discretion. The FCRHA Landlord shall review the proposed Restoration Plans and Specifications to determine whether they do so materially comply. If the FCRHA Landlord determines that they do so comply, the FCRHA Landlord shall so notify Tenant in writing. If the FCRHA Landlord reasonably determines that the Restoration Plans and Specifications Specifications, as so revised, do not materially comply with the first sentence of this Section 8.02 (and any changes agreed to by the parties), the FCRHA Landlord shall so notify Tenant, specifying in writing in what respects they do not so comply. In such latter event, Tenant and the FCRHA Landlord shall reasonably cooperate with one another in addressing the comments of the FCRHALandlord. Tenant shall revise the proposed Restoration Plans and Specifications to reflect the agreed upon changes and shall then resubmit the Restoration Plans and Specifications to the FCRHA Landlord for review. The initial review by the FCRHA Landlord shall be carried out within twenty (20) Business Days of the date of submission of the Restoration Plans and Specifications; and the FCRHALandlord’s review of revisions to the Restoration Plans and Specifications shall be carried out within twenty fifteen (2015) Business Days of the date of submission of the revised Restoration Plans and Specifications. If the FCRHA Landlord has not notified Tenant of its determination within twenty (20) Business Days following the FCRHA’s receipt of applicable period, Landlord shall be deemed to have approved the Restoration Plans and Specifications or the revised Restoration Plans and Specificationsdetermined that they materially comply with this Section 8.02, as the case may be, within such twenty (20) Business Day period, then with any changes mutually agreed to by Tenant shall have the right to give to the FCRHA a second notice stating (in bold, capital letters) “IF THE FCRHA SHALL FAIL TO RESPOND TO TENANT WITHIN FIVE (5) BUSINESS DAYS AFTER THE FCRHA’S RECEIPT OF THIS NOTICE, THE FCRHA’S CONSENT TO THE RESTORATION PLANS AND SPECIFICATIONS SHALL BE DEEMED GIVEN IN ACCORDANCE WITH SECTION 8.02 OF THE LEASE” and if the FCRHA has not notified Tenant of the FCRHA’s approval or disapproval of the Restoration Plans and Specifications or the revised Restoration Plans and Specifications, as the case may be, within such five (5) Business Day period following the FCRHA’s receipt of such second notice, then such Restoration Plans and Specifications or the revised Restoration Plans and Specifications, as the case may be, shall be deemed approved by the FCRHA (but such deemed approval shall be solely in the FCRHA’s proprietary capacity and not in its governmental or regulatory capacity) and no such approval hereunder shall in any manner be deemed to affect, limit or obligate the FCRHA in its governmental or regulatory capacity or the County of Fairfax, Virginia, or any other Governmental Authority (including, without limitation, the Department of Planning and Zoning) in its regulatory or governmental capacityLandlord.

Restoration Approvals. Prior to commencing any Restoration above the Threshold AmountRestoration, Tenant shall submit completed final drawings and plans and specifications (which may be in CADD format the form of field marked copies of the original plans and specifications) for the Restoration prepared by an Architect which comply with the all Applicable Laws and, to the extent possible given the amount of damage and destruction to the Project, materially conform to the original Plans and Specifications approved by the FCRHA Landlord for the Initial Construction Work or with any changes as mutually agreed to by Tenant and the FCRHALandlord, acting in their reasonable discretion (the “Restoration Plans and Specifications”). The FCRHA Specifications”).‌ Landlord shall review the proposed Restoration Plans and Specifications to determine whether they do so materially comply. If the FCRHA Landlord determines that they do so comply, the FCRHA Landlord shall so notify Tenant in writing. If the FCRHA Landlord reasonably determines that the Restoration Plans and Specifications Specifications, as so revised, do not materially comply with the first sentence of this Section (and any changes agreed to by the parties), the FCRHA Landlord shall so notify Tenant, specifying in writing in what respects they do not so comply. In such latter event, Tenant and the FCRHA Landlord shall reasonably cooperate with one another in addressing the comments of the FCRHALandlord. Tenant shall revise the proposed Restoration Plans and Specifications to reflect the agreed upon changes and shall then resubmit the Restoration Plans and Specifications to the FCRHA Landlord for review. The initial review by the FCRHA Landlord shall be carried out within twenty (20) Business Days of the date of submission of the Restoration Plans and Specifications; and the FCRHALandlord’s review of revisions to the Restoration Plans and Specifications shall be carried out within twenty (20) Business Days of the date of submission of the revised Restoration Plans and Specifications. If the FCRHA Landlord has not notified Tenant of its determination within twenty (20) Business Days following the FCRHA’s receipt of applicable period, Landlord shall be deemed to have approved the Restoration Plans and Specifications or the revised Restoration Plans and Specificationsdetermined that they materially comply with this Section, as the case may be, within such twenty (20) Business Day period, then with any changes mutually agreed to by Tenant shall have the right to give to the FCRHA a second notice stating (in bold, capital letters) “IF THE FCRHA SHALL FAIL TO RESPOND TO TENANT WITHIN FIVE (5) BUSINESS DAYS AFTER THE FCRHA’S RECEIPT OF THIS NOTICE, THE FCRHA’S CONSENT TO THE RESTORATION PLANS AND SPECIFICATIONS SHALL BE DEEMED GIVEN IN ACCORDANCE WITH SECTION 8.02 OF THE LEASE” and if the FCRHA has not notified Tenant of the FCRHA’s approval or disapproval of the Restoration Plans and Specifications or the revised Restoration Plans and Specifications, as the case may be, within such five (5) Business Day period following the FCRHA’s receipt of such second notice, then such Restoration Plans and Specifications or the revised Restoration Plans and Specifications, as the case may be, shall be deemed approved by the FCRHA (but such deemed approval shall be solely in the FCRHA’s proprietary capacity and not in its governmental or regulatory capacity) and no such approval hereunder shall in any manner be deemed to affect, limit or obligate the FCRHA in its governmental or regulatory capacity or the County of Fairfax, Virginia, or any other Governmental Authority (including, without limitation, the Department of Planning and Zoning) in its regulatory or governmental capacityLandlord.

Restoration Approvals. Prior to commencing any Restoration above the Threshold AmountRestoration, Tenant shall submit completed final drawings and plans and specifications (which may be in CADD format the form of field marked copies of the original plans and specifications) for the Restoration prepared by an Architect which comply with the all Applicable Laws and, to the extent possible given the amount of damage and destruction to the Project, materially conform to the original Plans and Specifications approved by the FCRHA Landlord for the Initial Construction Work or with any changes as mutually agreed to by Tenant and the FCRHALandlord, acting in their reasonable discretion (the “Restoration Plans and Specifications”). The FCRHA Landlord shall review the proposed Restoration Plans and Specifications to determine whether they do so materially comply. If the FCRHA Landlord determines that they do so comply, the FCRHA Landlord shall so notify Tenant in writing. If the FCRHA Landlord reasonably determines that the Restoration Plans and Specifications Specifications, as so revised, do not materially comply with the first sentence of this Section (and any changes agreed to by the parties), the FCRHA Landlord shall so notify Tenant, specifying in writing in what respects they do not so comply. In such latter event, Tenant and the FCRHA Landlord shall reasonably cooperate with one another in addressing the comments of the FCRHALandlord. Tenant shall revise the proposed Restoration Plans and Specifications to reflect the agreed upon changes and shall then resubmit the Restoration Plans and Specifications to the FCRHA Landlord for review. The initial review by the FCRHA Landlord shall be carried out within twenty (20) Business Days of the date of submission of the Restoration Plans and Specifications; and the FCRHALandlord’s review of revisions to the Restoration Plans and Specifications shall be carried out within twenty (20) Business Days of the date of submission of the revised Restoration Plans and Specifications. If the FCRHA has not notified Tenant of its determination within twenty (20) Business Days following the FCRHA’s receipt of the Restoration Plans and Specifications or the revised Restoration Plans and Specifications, as the case may be, within such twenty (20) Business Day period, then Tenant shall have the right to give to the FCRHA a second notice stating (in bold, capital letters) “IF THE FCRHA SHALL FAIL TO RESPOND TO TENANT WITHIN FIVE (5) BUSINESS DAYS AFTER THE FCRHA’S RECEIPT OF THIS NOTICE, THE FCRHA’S CONSENT TO THE RESTORATION PLANS AND SPECIFICATIONS SHALL BE DEEMED GIVEN IN ACCORDANCE WITH SECTION 8.02 OF THE LEASE” and if the FCRHA has not notified Tenant of the FCRHA’s approval or disapproval of the Restoration Plans and Specifications or the revised Restoration Plans and Specifications, as the case may be, within such five (5) Business Day period following the FCRHA’s receipt of such second notice, then such Restoration Plans and Specifications or the revised Restoration Plans and Specifications, as the case may be, shall be deemed approved by the FCRHA (but such deemed approval shall be solely in the FCRHA’s proprietary capacity and not in its governmental or regulatory capacity) and no such approval hereunder shall in any manner be deemed to affect, limit or obligate the FCRHA in its governmental or regulatory capacity or the County of Fairfax, Virginia, or any other Governmental Authority (including, without limitation, the Department of Planning and Zoning) in its regulatory or governmental capacity.twenty

Restoration Approvals. Prior to commencing any Restoration above the Threshold AmountRestoration, Tenant shall submit completed final drawings and plans and specifications (which may be in CADD format the form of field marked copies of the original plans and specifications) for the Restoration (the “Restoration Plans and Specifications”) prepared by an Architect which comply with all Applicable Laws andwhich, to the extent possible given the amount of damage and destruction to the Project, materially conform to the original Plans and Specifications approved by the FCRHA Landlord for the Initial Construction Work or with any changes as mutually agreed to by Tenant and the FCRHALandlord, acting in their its reasonable discretion (the “Restoration Plans and Specifications”)discretion. The FCRHA Landlord shall review the proposed Restoration Plans and Specifications to determine whether they do so materially comply. If the FCRHA Landlord determines that they do so comply, the FCRHA Landlord shall so notify Tenant in writing. If the FCRHA Landlord reasonably determines that the Restoration Plans and Specifications Specifications, as so revised, do not materially comply with the first sentence of this Section 8.02 (and any changes agreed to by the parties), the FCRHA Landlord shall so notify Tenant, specifying in writing in what respects they do not so comply. In such latter event, Tenant and the FCRHA Landlord shall reasonably cooperate with one another in addressing the comments of the FCRHALandlord. Tenant shall revise the proposed Restoration Plans and Specifications to reflect the agreed upon changes and shall then resubmit the Restoration Plans and Specifications to the FCRHA Landlord for review. The initial review by the FCRHA Landlord shall be carried out within twenty (20) Business Days of the date of submission of the Restoration Plans and Specifications; and the FCRHALandlord’s review of revisions to the Restoration Plans and Specifications shall be carried out within twenty fifteen (2015) Business Days of the date of submission of the revised Restoration Plans and Specifications. If the FCRHA Landlord has not notified Tenant of its determination within twenty (20) Business Days following the FCRHA’s receipt of applicable period, Landlord shall be deemed to have approved the Restoration Plans and Specifications or the revised Restoration Plans and Specificationsdetermined that they materially comply with this Section 8.02, as the case may be, within such twenty (20) Business Day period, then Tenant shall have the right with any changes mutually agreed to give to the FCRHA a second notice stating (in bold, capital letters) “IF THE FCRHA SHALL FAIL TO RESPOND TO TENANT WITHIN FIVE (5) BUSINESS DAYS AFTER THE FCRHA’S RECEIPT OF THIS NOTICE, THE FCRHA’S CONSENT TO THE RESTORATION PLANS AND SPECIFICATIONS SHALL BE DEEMED GIVEN IN ACCORDANCE WITH SECTION 8.02 OF THE LEASE” by Xxxxxx and if the FCRHA has not notified Tenant of the FCRHA’s approval or disapproval of the Restoration Plans and Specifications or the revised Restoration Plans and Specifications, as the case may be, within such five (5) Business Day period following the FCRHA’s receipt of such second notice, then such Restoration Plans and Specifications or the revised Restoration Plans and Specifications, as the case may be, shall be deemed approved by the FCRHA (but such deemed approval shall be solely in the FCRHA’s proprietary capacity and not in its governmental or regulatory capacity) and no such approval hereunder shall in any manner be deemed to affect, limit or obligate the FCRHA in its governmental or regulatory capacity or the County of Fairfax, Virginia, or any other Governmental Authority (including, without limitation, the Department of Planning and Zoning) in its regulatory or governmental capacityLandlord.

Restoration Approvals. Prior to commencing any Restoration above the Threshold AmountRestoration, Tenant shall Xxxxxx will submit completed final drawings and plans and specifications (which may be in CADD format the form of field marked copies of the original plans and specifications) for the Restoration prepared by an Architect which comply with the all Applicable Laws and, to the extent possible given the amount of damage and destruction to the Project, materially conform to the original Plans and Specifications approved by the FCRHA Landlord for the Initial Construction Work (together with any revisions necessary to address then-applicable requirements of Governmental Authorities) or with any changes as mutually agreed to by Tenant Xxxxxx and the FCRHALandlord, acting in their reasonable discretion (the “Restoration Plans and Specifications”). The FCRHA shall Landlord will review the proposed Restoration Plans and Specifications to determine whether they do so materially comply. If the FCRHA Landlord determines that they do so comply, the FCRHA shall so Landlord will notify Tenant in writing. If the FCRHA Landlord reasonably determines that the Restoration Plans and Specifications Specifications, as revised, do not materially comply with the first sentence of this Section 8.02 (and any changes agreed to by the parties), the FCRHA shall so Landlord will notify Tenant, specifying in writing in what respects they do not so comply. In such latter event, Tenant Xxxxxx and the FCRHA shall Landlord will reasonably cooperate with one another in addressing the comments of the FCRHALandlord. Tenant shall will revise the proposed Restoration Plans and Specifications to reflect the agreed upon changes and shall will then resubmit the Restoration Plans and Specifications to the FCRHA Landlord for review. The initial review by the FCRHA shall Landlord will be carried out within twenty (20) 20 Business Days of the date of submission of the Restoration Plans and Specifications; and the FCRHALandlord’s review of revisions to the Restoration Plans and Specifications shall will be carried out within twenty (20) completed 20 Business Days of after the date of submission of the revised Restoration Plans and Specifications. If the FCRHA Landlord has not notified Tenant of its determination within twenty (20) Business Days following the FCRHA’s receipt of applicable period, Landlord will be deemed to have approved the Restoration Plans and Specifications or the revised Restoration Plans and Specificationsdetermined that they materially comply with this Section 8.02, as the case may be, within such twenty (20) Business Day period, then Tenant shall have the right with any changes mutually agreed to give to the FCRHA a second notice stating (in bold, capital letters) “IF THE FCRHA SHALL FAIL TO RESPOND TO TENANT WITHIN FIVE (5) BUSINESS DAYS AFTER THE FCRHA’S RECEIPT OF THIS NOTICE, THE FCRHA’S CONSENT TO THE RESTORATION PLANS AND SPECIFICATIONS SHALL BE DEEMED GIVEN IN ACCORDANCE WITH SECTION 8.02 OF THE LEASE” by Xxxxxx and if the FCRHA has not notified Tenant of the FCRHA’s approval or disapproval of the Restoration Plans and Specifications or the revised Restoration Plans and Specifications, as the case may be, within such five (5) Business Day period following the FCRHA’s receipt of such second notice, then such Restoration Plans and Specifications or the revised Restoration Plans and Specifications, as the case may be, shall be deemed approved by the FCRHA (but such deemed approval shall be solely in the FCRHA’s proprietary capacity and not in its governmental or regulatory capacity) and no such approval hereunder shall in any manner be deemed to affect, limit or obligate the FCRHA in its governmental or regulatory capacity or the County of Fairfax, Virginia, or any other Governmental Authority (including, without limitation, the Department of Planning and Zoning) in its regulatory or governmental capacityLandlord.

Restoration Approvals. Prior to commencing any Restoration above the Threshold Amount, Tenant shall submit completed final drawings and plans and specifications in CADD format for the Restoration prepared by an Architect which comply with all Applicable Laws and, to the extent possible given the amount of damage and destruction to the Project, materially conform to the original Plans and Specifications approved by the FCRHA for the Initial Construction Work or with any changes mutually agreed to by Tenant and the FCRHA, acting in their reasonable discretion (the “Restoration Plans and Specifications”). The FCRHA shall review the proposed Restoration Plans and Specifications to determine whether they do so materially comply. If the FCRHA determines that they do so comply, the FCRHA shall so notify Tenant in writing. If the FCRHA reasonably determines that the Restoration Plans and Specifications do not materially comply with the first sentence of this Section (and any changes agreed to by the parties), the FCRHA shall so notify Tenant, specifying in writing in what respects they do not so comply. In such latter event, Tenant and the FCRHA shall reasonably cooperate with one another in addressing the comments of the FCRHA. Tenant shall revise the proposed Restoration Plans and Specifications to reflect the agreed upon changes and shall then resubmit the Restoration Plans and Specifications to the FCRHA for review. The initial review by the FCRHA shall be carried out within twenty (20) Business Days of the date of submission of the Restoration Plans and Specifications; and the FCRHA’s review of revisions to the Restoration Plans and Specifications shall be carried out within twenty (20) Business Days of the date of submission of the revised Restoration Plans and Specifications. If the FCRHA has not notified Tenant of its determination within twenty (20) Business Days following the FCRHA’s receipt of the Restoration Plans and Specifications or the revised Restoration Plans and Specifications, as the case may be, within such twenty (20) Business Day period, then Tenant shall have the right to give to the FCRHA a second notice stating (in bold, capital letters) “IF THE FCRHA SHALL FAIL TO RESPOND TO TENANT WITHIN FIVE (5) BUSINESS DAYS AFTER THE FCRHA’S RECEIPT OF THIS NOTICE, THE FCRHA’S CONSENT TO THE RESTORATION PLANS AND SPECIFICATIONS SHALL BE DEEMED GIVEN IN ACCORDANCE WITH SECTION 8.02 OF THE LEASE” and if the FCRHA has not notified Tenant of the FCRHA’s approval or disapproval of the Restoration Plans and Specifications or the revised Restoration Plans and Specifications, as the case may be, within such five (5) Business Day period following the FCRHA’s receipt of such second notice, then such Restoration Plans and Specifications or the revised Restoration Plans and Specifications, as the case may be, shall be deemed approved by the FCRHA (but such deemed approval shall be solely in the FCRHA’s proprietary capacity and not in its governmental or regulatory capacity) and no such approval hereunder shall in any manner be deemed to affect, limit or obligate the FCRHA in its governmental or regulatory capacity or the County of Fairfax, Virginia, or any other Governmental Authority (including, without limitation, the Department of Planning and Zoning) in its regulatory or governmental capacity.SECTION

Restoration Approvals. Prior to commencing any Restoration above the Threshold AmountRestoration, Tenant shall will submit completed final drawings and plans and specifications (which may be in CADD format the form of field marked copies of the original plans and specifications) for the Restoration prepared by an Architect which comply with the all Applicable Laws and, to the extent possible given the amount of damage and destruction to the Project, materially conform to the original Plans and Specifications approved by the FCRHA Landlord for the Initial Construction Work or with any changes as mutually agreed to by Tenant and the FCRHALandlord, acting in their reasonable discretion (the “Restoration Plans and Specifications”). The FCRHA shall Landlord will review the proposed Restoration Plans and Specifications to determine whether they do so materially comply. If the FCRHA Landlord determines that they do so comply, the FCRHA shall so Landlord will notify Tenant in writing. If the FCRHA Landlord reasonably determines that the Restoration Plans and Specifications Specifications, as revised, do not materially comply with the first sentence of this Section (and any changes agreed to by the parties), the FCRHA shall so Landlord will notify Tenant, specifying in writing in what respects they do not so comply. In such latter event, Tenant and the FCRHA shall Landlord will reasonably cooperate with one another in addressing the comments of the FCRHALandlord. Tenant shall will revise the proposed Restoration Plans and Specifications to reflect the agreed upon changes and shall will then resubmit the Restoration Plans and Specifications to the FCRHA Landlord for review. The initial review by the FCRHA shall Landlord will be carried out within twenty (20) 20 Business Days of the date of submission of the Restoration Plans and Specifications; and the FCRHALandlord’s review of revisions to the Restoration Plans and Specifications shall will be carried out within twenty (20) completed 20 Business Days of after the date of submission of the revised Restoration Plans and Specifications. If the FCRHA has not notified Tenant of its determination within twenty (20) Business Days following the FCRHA’s receipt of the Restoration Plans and Specifications or the revised Restoration Plans and Specifications, as the case may be, within such twenty (20) Business Day period, then Tenant shall have the right to give to the FCRHA a second notice stating (in bold, capital letters) “IF THE FCRHA SHALL FAIL TO RESPOND TO TENANT WITHIN FIVE (5) BUSINESS DAYS AFTER THE FCRHA’S RECEIPT OF THIS NOTICE, THE FCRHA’S CONSENT TO THE RESTORATION PLANS AND SPECIFICATIONS SHALL BE DEEMED GIVEN IN ACCORDANCE WITH SECTION 8.02 OF THE LEASE” and if the FCRHA has not notified Tenant of the FCRHA’s approval or disapproval of the Restoration Plans and Specifications or the revised Restoration Plans and Specifications, as the case may be, within such five (5) Business Day period following the FCRHA’s receipt of such second notice, then such Restoration Plans and Specifications or the revised Restoration Plans and Specifications, as the case may be, shall be deemed approved by the FCRHA (but such deemed approval shall be solely in the FCRHA’s proprietary capacity and not in its governmental or regulatory capacity) and no such approval hereunder shall in any manner be deemed to affect, limit or obligate the FCRHA in its governmental or regulatory capacity or the County of Fairfax, Virginia, or any other Governmental Authority (including, without limitation, the Department of Planning and Zoning) in its regulatory or governmental capacity.

Restoration Approvals. Prior to commencing any Restoration above the Threshold AmountRestoration, Tenant shall submit completed final drawings and plans and specifications (which may be in CADD format the form of field marked copies of the original plans and specifications) for the Restoration prepared by an Architect which comply with the all Applicable Laws and, to the extent possible given the amount of damage and destruction to the Project, materially conform to the original Plans and Specifications approved by the FCRHA Landlord for the Initial Construction Work or with any changes as mutually agreed to by Tenant and the FCRHALandlord, acting in their reasonable discretion (the “Restoration Plans and Specifications”). The FCRHA Landlord shall review the proposed Restoration Plans and Specifications to determine whether they do so materially comply. If the FCRHA Landlord determines that they do so comply, the FCRHA Landlord shall so notify Tenant in writing. If the FCRHA Landlord reasonably determines that the Restoration Plans and Specifications Specifications, as so revised, do not materially comply with the first sentence of this Section (and any changes agreed to by the parties), the FCRHA Landlord shall so notify Tenant, specifying in writing in what respects they do not so comply. In such latter event, Tenant and the FCRHA Landlord shall reasonably cooperate with one another in addressing the comments of the FCRHALandlord. Tenant shall revise the proposed Restoration Plans and Specifications to reflect the agreed upon changes and shall then resubmit the Restoration Plans and Specifications to the FCRHA Landlord for review. The initial review by the FCRHA Landlord shall be carried out within twenty (20) Business Days of the date of submission of the Restoration Plans and Specifications; and the FCRHALandlord’s review of revisions to the Restoration Plans and Specifications shall be carried out within twenty (20) Business Days of the date of submission of the revised Restoration Plans and Specifications. If the FCRHA Landlord has not notified Tenant of its determination within twenty (20) Business Days following the FCRHA’s receipt of applicable period, Landlord shall be deemed to have approved the Restoration Plans and Specifications or the revised Restoration Plans and Specificationsdetermined that they materially comply with this Section, as the case may be, within such twenty (20) Business Day period, then with any changes mutually agreed to by Tenant shall have the right to give to the FCRHA a second notice stating (in bold, capital letters) “IF THE FCRHA SHALL FAIL TO RESPOND TO TENANT WITHIN FIVE (5) BUSINESS DAYS AFTER THE FCRHA’S RECEIPT OF THIS NOTICE, THE FCRHA’S CONSENT TO THE RESTORATION PLANS AND SPECIFICATIONS SHALL BE DEEMED GIVEN IN ACCORDANCE WITH SECTION 8.02 OF THE LEASE” and if the FCRHA has not notified Tenant of the FCRHA’s approval or disapproval of the Restoration Plans and Specifications or the revised Restoration Plans and Specifications, as the case may be, within such five (5) Business Day period following the FCRHA’s receipt of such second notice, then such Restoration Plans and Specifications or the revised Restoration Plans and Specifications, as the case may be, shall be deemed approved by the FCRHA (but such deemed approval shall be solely in the FCRHA’s proprietary capacity and not in its governmental or regulatory capacity) and no such approval hereunder shall in any manner be deemed to affect, limit or obligate the FCRHA in its governmental or regulatory capacity or the County of Fairfax, Virginia, or any other Governmental Authority (including, without limitation, the Department of Planning and Zoning) in its regulatory or governmental capacityLandlord.

Restoration Approvals. Prior to commencing any Restoration above the Threshold AmountRestoration, Tenant shall submit completed final drawings and plans and specifications (which may be in CADD format the form of field marked copies of the original plans and specifications) for the Restoration (the “Restoration Plans and Specifications”) prepared by an Architect which comply with all Applicable Laws either: (a) the Deed Restrictions and, to the extent possible given the amount of damage and destruction to the Project, materially conform to the original Plans and Specifications approved by the FCRHA Landlord for the Initial Construction Work or with any changes as mutually agreed to by Tenant and the FCRHALandlord, acting in their its reasonable discretion discretion; or (b) the “terms for the Limited Restoration Plans set forth in Section 8.01(c) above; if Landlord exercises its rights and Specifications”)the conditions precedent are satisfied thereunder; as applicable. The FCRHA Landlord shall review the proposed Restoration Plans and Specifications to determine whether they do so materially comply. If the FCRHA Landlord determines that they do so comply, the FCRHA Landlord shall so notify Tenant in writing. If the FCRHA Landlord reasonably determines that the Restoration Plans and Specifications Specifications, as so revised, do not materially comply with the first sentence of this Section (and any changes agreed to by the parties), the FCRHA Landlord shall so notify Tenant, specifying in writing in what respects they do not so comply. In such latter event, Tenant and the FCRHA Landlord shall reasonably cooperate with one another in addressing the comments of the FCRHALandlord. Tenant shall revise the proposed Restoration Plans and Specifications to reflect the agreed upon changes and shall then resubmit the Restoration Plans and Specifications to the FCRHA Landlord for review. The initial review by the FCRHA Landlord shall be carried out within twenty (20) Business Days of the date of submission of the Restoration Plans and Specifications; and the FCRHALandlord’s review of revisions to the Restoration Plans and Specifications shall be carried out within twenty (20) Business Days of the date of submission of the revised Restoration Plans and Specifications. If the FCRHA has not notified Tenant of its determination within twenty (20) Business Days following the FCRHA’s receipt of the Restoration Plans and Specifications or the revised Restoration Plans and Specifications, as the case may be, within such twenty (20) Business Day period, then Tenant shall have the right to give to the FCRHA a second notice stating (in bold, capital letters) “IF THE FCRHA SHALL FAIL TO RESPOND TO TENANT WITHIN FIVE (5) BUSINESS DAYS AFTER THE FCRHA’S RECEIPT OF THIS NOTICE, THE FCRHA’S CONSENT TO THE RESTORATION PLANS AND SPECIFICATIONS SHALL BE DEEMED GIVEN IN ACCORDANCE WITH SECTION 8.02 OF THE LEASE” and if the FCRHA has not notified Tenant of the FCRHA’s approval or disapproval of the Restoration Plans and Specifications or the revised Restoration Plans and Specifications, as the case may be, within such five (5) Business Day period following the FCRHA’s receipt of such second notice, then such Restoration Plans and Specifications or the revised Restoration Plans and Specifications, as the case may be, shall be deemed approved by the FCRHA (but such deemed approval shall be solely in the FCRHA’s proprietary capacity and not in its governmental or regulatory capacity) and no such approval hereunder shall in any manner be deemed to affect, limit or obligate the FCRHA in its governmental or regulatory capacity or the County of Fairfax, Virginia, or any other Governmental Authority (including, without limitation, the Department of Planning and Zoning) in its regulatory or governmental capacity.fifteen

Restoration Approvals. Prior to commencing any Restoration above the Threshold AmountRestoration, Tenant shall will submit completed final drawings and plans and specifications (which may be in CADD format the form of field marked copies of the original plans and specifications) for the Restoration prepared by an Architect which comply with the all Applicable Laws and, to the extent possible given the amount of damage and destruction to the Project, materially conform to the original Plans and Specifications approved by the FCRHA Landlord for the Initial Construction Work (together with any revisions necessary to address then-applicable requirements of Governmental Authorities) or with any changes as mutually agreed to by Tenant Xxxxxx and the FCRHALandlord, acting in their reasonable discretion (the “Restoration Plans and Specifications”). The FCRHA shall Landlord will review the proposed Restoration Plans and Specifications to determine whether they do so materially comply. If the FCRHA Landlord determines that they do so comply, the FCRHA shall so Landlord will notify Tenant in writing. If the FCRHA Landlord reasonably determines that the Restoration Plans and Specifications Specifications, as revised, do not materially comply with the first sentence of this Section 8.02 (and any changes agreed to by the parties), the FCRHA shall so Landlord will notify Tenant, specifying in writing in what respects they do not so comply. In such latter event, Tenant Xxxxxx and the FCRHA shall Landlord will reasonably cooperate with one another in addressing the comments of the FCRHALandlord. Tenant shall will revise the proposed Restoration Plans and Specifications to reflect the agreed upon changes and shall will then resubmit the Restoration Plans and Specifications to the FCRHA Landlord for review. The initial review by the FCRHA shall Landlord will be carried out within twenty (20) 20 Business Days of the date of submission of the Restoration Plans and Specifications; and the FCRHALandlord’s review of revisions to the Restoration Plans and Specifications shall will be carried out within twenty (20) completed 20 Business Days of after the date of submission of the revised Restoration Plans and Specifications. If the FCRHA Landlord has not notified Tenant of its determination within twenty (20) Business Days following the FCRHA’s receipt of applicable period, Landlord will be deemed to have approved the Restoration Plans and Specifications or the revised Restoration Plans and Specificationsdetermined that they materially comply with this Section 8.02, as the case may be, within such twenty (20) Business Day period, then Tenant shall have the right with any changes mutually agreed to give to the FCRHA a second notice stating (in bold, capital letters) “IF THE FCRHA SHALL FAIL TO RESPOND TO TENANT WITHIN FIVE (5) BUSINESS DAYS AFTER THE FCRHA’S RECEIPT OF THIS NOTICE, THE FCRHA’S CONSENT TO THE RESTORATION PLANS AND SPECIFICATIONS SHALL BE DEEMED GIVEN IN ACCORDANCE WITH SECTION 8.02 OF THE LEASE” by Xxxxxx and if the FCRHA has not notified Tenant of the FCRHA’s approval or disapproval of the Restoration Plans and Specifications or the revised Restoration Plans and Specifications, as the case may be, within such five (5) Business Day period following the FCRHA’s receipt of such second notice, then such Restoration Plans and Specifications or the revised Restoration Plans and Specifications, as the case may be, shall be deemed approved by the FCRHA (but such deemed approval shall be solely in the FCRHA’s proprietary capacity and not in its governmental or regulatory capacity) and no such approval hereunder shall in any manner be deemed to affect, limit or obligate the FCRHA in its governmental or regulatory capacity or the County of Fairfax, Virginia, or any other Governmental Authority (including, without limitation, the Department of Planning and Zoning) in its regulatory or governmental capacityLandlord.