Common use of Space Plan Clause in Contracts

Space Plan. Tenant and Architect shall prepare and deliver to Landlord with a request for its approval (in at least ten-point type in all capital letters specifying this Section 3), which approval shall not be unreasonably withheld or delayed, the proposed space plan for the Premises. Notwithstanding the preceding sentence, Landlord may withhold its consent, in its sole discretion, to any element of the proposed space plan which would materially and adversely affect the systems of the Building, including without limitation, the HVAC, plumbing and fire protection systems, the Building’s equipment, the structural integrity of the Building, and/or the exterior appearance of the Building. Landlord shall notify Tenant of its approval or disapproval (with reasons for such disapproval specified) of the proposed space plan within five (5) Business Days after receipt thereof. If Landlord disapproves the proposed space plan, this process shall be repeated until Landlord’s approval is obtained (except the 5-Business Day period shall be reduced to three (3) Business Days); provided, however, that Tenant shall only make such changes to the proposed space plan which address the reasons Landlord specified for its disapproval of the proposed space plan. The approved space plan is hereinafter referred to as the “Final Space Plan.” Upon ▇▇▇▇▇▇’s written request at the time the Final Working Drawings are submitted to Landlord, Landlord shall, at the time of Landlord’s approval of the Final Space Plan, designate in writing by written notice to Tenant, which, if any, of the Tenant Improvements will need to be removed at the expiration or termination of the Lease Term.

Space Plan. Tenant and Architect Landlord’s designated space planner, at Tenant’s expense which shall be deducted from the Finish Allowance shall prepare and deliver to Landlord with Tenant a request for its approval (in at least ten-point type in all capital letters specifying this Section 3), which approval shall not be unreasonably withheld or delayed, the proposed space plan for the Premises showing, regardless of the quantities of such items, the location of all partitions and doors and the lay-out of the Premises. Notwithstanding the preceding sentenceTenant will at all times cooperate with Landlord’s space planner, Landlord may withhold its consentfurnishing all reasonable information and material concerning Tenant’s organization, in its sole discretionstaffing, to any element of the proposed space plan which would materially and adversely affect the systems of the Buildinggrowth expectations, including physical facility needs (including, without limitation, needs arising by reason of the HVACDisability Acts), plumbing and fire protection systems, the Building’s equipment, inventory, etc., necessary for the structural integrity space planner to efficiently and expeditiously arrive at an acceptable layout of the Building, and/or Premises. Tenant will approve or disapprove in writing the exterior appearance of the Building. Landlord shall notify Tenant of its approval or disapproval (with reasons for such disapproval specified) of the proposed space plan within five three (53) Business Days business days after receipt thereoffrom Landlord and, if disapproved, Tenant shall provide Landlord and Landlord’s space planner with specific reasons for disapproval. After Tenant’s disapproval, Landlord shall, within three (3) business days, provide a revised space plan. If Landlord disapproves Tenant fails to approve or disapprove the proposed space plan on or before the end of such three (3) business day period, Tenant shall be deemed to have approved the last submitted space plan, this . The foregoing process shall be repeated until Landlord’s approval is obtained Tenant has approved (except which shall include deemed approval) the 5-Business Day period shall be reduced to three (3) Business Days); provided, however, that Tenant shall only make such changes to the proposed space plan which address the reasons Landlord specified for its disapproval of the proposed (such space plan. The , when approved space plan by Landlord and Tenant, is hereinafter herein referred to as the “Final Space Plan”).” Upon ▇▇▇▇▇▇’s written request at the time the Final Working Drawings are submitted to Landlord, Landlord shall, at the time of Landlord’s approval of the Final Space Plan, designate in writing by written notice to Tenant, which, if any, of the Tenant Improvements will need to be removed at the expiration or termination of the Lease Term.

Space Plan. Tenant and Architect Landlord's designated space planner, at Tenant's expense, shall prepare and deliver to Landlord with Tenant a request for its approval (in at least ten-point type in all capital letters specifying this Section 3), which approval shall not be unreasonably withheld or delayed, the proposed space plan for the Premises. Notwithstanding Premises (including the preceding sentenceExpansion Space) showing, Landlord may withhold its consent, in its sole discretion, to any element regardless of the proposed space plan which would materially quantities of such items, the location of all partitions and adversely affect doors and the systems lay-out of the BuildingPremises (including the Expansion Space). Tenant will at all times cooperate with Landlord's space planner, including furnishing all reasonable information and material concerning Tenant's organization, staffing, growth expectations, physical facility needs (including, without limitation, needs arising by reason of the HVACDisability Acts), plumbing and fire protection systems, the Building’s equipment, inventory, etc., necessary for the structural integrity space planner to efficiently and expeditiously arrive at an acceptable lay-out of the Building, and/or Premises (including the exterior appearance of Expansion Space). Tenant will approve or disapprove in writing the Building. Landlord shall notify Tenant of its approval or disapproval (with reasons for such disapproval specified) of the proposed space plan within five three (53) Business Days business days after receipt thereoffrom Landlord and if disapproved, Tenant shall provide Landlord and Landlord's space planner with specific reasons for disapproval. If Landlord disapproves Tenant fails to approve or disapprove the proposed space plan on or before the end of such three (3) business day period, Tenant shall be deemed to have approved the last submitted space plan, this . The foregoing process shall be repeated until Landlord’s approval is obtained Tenant has approved (except which shall include deemed approval) the 5-Business Day period shall be reduced to three (3) Business Days); provided, however, that Tenant shall only make such changes to the proposed space plan which address the reasons Landlord specified for its disapproval of the proposed (such space plan. The , when approved space plan by Landlord and Tenant, is hereinafter herein referred to as the “Final "Space Plan").” Upon ▇▇▇▇▇▇’s written request at the time the Final Working Drawings are submitted to Landlord, Landlord shall, at the time of Landlord’s approval of the Final Space Plan, designate in writing by written notice to Tenant, which, if any, of the Tenant Improvements will need to be removed at the expiration or termination of the Lease Term.

Space Plan. On or before April 1, 1999, a space planner engaged by Tenant ---------- and Architect shall approved by Landlord shall, at Tenant's expense, prepare and deliver to Landlord with a request for its approval (in at least ten-point type in all capital letters specifying this Section 3), which approval shall not be unreasonably withheld or delayed, the proposed space plan for the Third Floor Right of First Refusal Premises showing, regardless of the quantities of such items, the location of all partitions and doors and the lay-out of the First Floor Expansion Premises. Notwithstanding Landlord will at all times cooperate with Tenant's space planner (who shall be subject to the preceding sentence, Landlord may withhold its consent, in its sole discretion, reasonable approval of Landlord) to any element efficiently and expeditiously arrive at an acceptable lay-out of the proposed space plan which would materially and adversely affect the systems Third Floor Right of the Building, including without limitation, the HVAC, plumbing and fire protection systems, the Building’s equipment, the structural integrity of the Building, and/or the exterior appearance of the BuildingFirst Refusal Premises. Landlord shall notify Tenant of its approval will approve or disapproval (with reasons for such disapproval specified) of disapprove in writing the proposed space plan within five three (53) Business Days business days after receipt thereoffrom Tenant and if disapproved, Landlord shall provide Tenant's space planner with specific reasons for disapproval. If Landlord disapproves fails to approve or disapprove the proposed space plan on or before the end of such three (3) business day period, Landlord shall be deemed to have approved the last submitted space plan, this . The foregoing process shall be repeated until Landlord’s approval is obtained Landlord has approved (except which shall include deemed approval) the 5-Business Day period shall be reduced to three (3) Business Days); provided, however, that Tenant shall only make such changes to the proposed space plan which address the reasons Landlord specified for its disapproval of the proposed (such space plan. The , when approved space plan by Landlord and Tenant, is hereinafter herein referred to as the “Final "Space Plan").” Upon ▇▇▇▇▇▇’s written request at the time the Final Working Drawings are submitted to Landlord, Landlord shall, at the time of Landlord’s approval of the Final Space Plan, designate in writing by written notice to Tenant, which, if any, of the Tenant Improvements will need to be removed at the expiration or termination of the Lease Term.

Space Plan. Tenant and Architect shall prepare and deliver to Landlord with a request for its approval (in at least ten-point type in all capital letters specifying this Section 3), which approval shall not be unreasonably withheld or delayed, the proposed space plan for the Tenant Improvements, including a layout and designation of all offices, rooms and other partitioning, and equipment to be contained in the Premises. Notwithstanding , together with their intended use (the preceding sentence“Space Plan”), Landlord may withhold its consentand shall deliver four (4) copies of the Space Plan, in its sole discretionsigned by Tenant, to any element Landlord for its approval. The Space Plan shall (a) comply with the drawing format and specifications required by Landlord, (b) be consistent with Landlord’s requirements for avoiding aesthetic, engineering or other conflicts with the design and function of the proposed space plan which would materially and adversely affect the systems balance of the Building, including without limitationBuilding (collectively, the HVAC“Landlord Requirements”), plumbing and fire protection systems, the Building(c) otherwise be subject to Landlord’s equipment, the structural integrity of the Building, and/or the exterior appearance of the Buildingreasonable approval. Landlord shall notify provide Tenant with notice approving or reasonably disapproving the Space Plan within 10 business days after the later of its approval Landlord’s receipt thereof or disapproval (with reasons for such disapproval specified) the mutual execution and delivery of the proposed space plan within five (5) Business Days after receipt thereofthis Agreement. If Landlord disapproves the proposed space planSpace Plan, this process Landlord’s notice of disapproval shall describe with reasonable specificity the basis for such disapproval and Tenant shall revise the Space Plan and resubmit it for Landlord’s approval. Such procedure shall be repeated as necessary until Landlord’s approval is obtained (except Landlord has approved the 5-Business Day period Space Plan. Such approved Space Plan shall be reduced to three (3) Business Days); provided, however, that Tenant shall only make such changes to the proposed space plan which address the reasons Landlord specified for its disapproval of the proposed space plan. The approved space plan is hereinafter referred to herein as the “Final Approved Space Plan.” Upon ▇▇▇▇▇▇’s written request at Landlord and Tenant acknowledge that, as of the time the Final Working Drawings are submitted date of mutual execution and delivery of this Agreement, Tenant has previously delivered to Landlord, and Landlord shallhas approved, at the time of Landlord’s approval of the Final Space PlanPlan dated August 8, designate in writing 2014 prepared by written notice to TenantKemPharm, whichInc., if any, of the Tenant Improvements will need to be removed at the expiration or termination of the Lease Termas required under this Section 2.3.

Space Plan. Tenant and Architect On or before November 7 , 1998 , Landlord's designated space planner, at Tenant's expense, shall prepare and deliver to Landlord with Tenant a request for its approval (in at least ten-point type in all capital letters specifying this Section 3), which approval shall not be unreasonably withheld or delayed, the proposed space plan for the Premises showing, regardless of the quantities of such items, the location of all partitions and doors and the lay-out of the Premises. Notwithstanding the preceding sentenceTenant will at all times cooperate with Landlord's space planner, Landlord may withhold its consentfurnishing all reasonable information and material concerning Tenant's organization, in its sole discretionstaffing, to any element of the proposed space plan which would materially and adversely affect the systems of the Buildinggrowth expectations, including physical facility needs (including, without limitation, needs arising by reason of the HVACDisability Acts), plumbing and fire protection systems, the Building’s equipment, inventory, etc., necessary for the structural integrity space planner to efficiently and expeditiously arrive at an acceptable lay-out of the Building, and/or Premises. Tenant will approve or disapprove in writing the exterior appearance of the Building. Landlord shall notify Tenant of its approval or disapproval (with reasons for such disapproval specified) of the proposed space plan within five (5) Business Days business days after receipt thereoffrom Landlord and if disapproved, Tenant shall provide Landlord and Landlord's space planner with specific reasons for disapproval. If Landlord disapproves Tenant fails to approve or disapprove the proposed space plan on or before the end of such five (5) business day period, Tenant shall be deemed to have approved the last submitted space plan, this . The foregoing process shall be repeated until Landlord’s approval is obtained Tenant has approved (except which shall include deemed approval) the 5-Business Day period shall be reduced to three (3) Business Days); provided, however, that Tenant shall only make such changes to the proposed space plan which address the reasons Landlord specified for its disapproval of the proposed (such space plan. The , when approved space plan by Landlord and Tenant, is hereinafter herein referred to as the “Final "Space Plan").” Upon ▇▇▇▇▇▇’s written request at the time the Final Working Drawings are submitted to Landlord, Landlord shall, at the time of Landlord’s approval of the Final Space Plan, designate in writing by written notice to Tenant, which, if any, of the Tenant Improvements will need to be removed at the expiration or termination of the Lease Term.

Space Plan. Tenant and Architect On or before April 1, 2007, Landlord’s designated space planner, at Tenant’s expense, shall prepare and deliver to Landlord with Tenant a request for its approval (in at least ten-point type in all capital letters specifying this Section 3), which approval shall not be unreasonably withheld or delayed, the proposed space plan for the Premises. Notwithstanding the preceding sentenceFirst Expansion Space showing, Landlord may withhold its consent, in its sole discretion, to any element regardless of the proposed space plan which would materially quantities of such items, the location of all partitions and adversely affect doors and the systems lay-out of the BuildingFirst Expansion Space. Tenant will at all times cooperate with Landlord’s space planner, including furnishing all reasonable information and material concerning Tenant’s organization, staffing, growth expectations, physical facility needs (including, without limitation, needs arising by reason of the HVACDisability Acts), plumbing and fire protection systems, the Building’s equipment, inventory, etc., necessary for the structural integrity space planner to efficiently and expeditiously arrive at an acceptable lay-out of the Building, and/or First Expansion Space. Tenant will approve or disapprove in writing the exterior appearance of the Building. Landlord shall notify Tenant of its approval or disapproval (with reasons for such disapproval specified) of the proposed space plan within five three (53) Business Days after receipt thereoffrom Landlord and if disapproved, Tenant shall provide Landlord and Landlord’s space planner with specific reasons for disapproval. If Landlord disapproves Tenant fails to approve or disapprove the proposed space plan on or before the end of such three (3) Business Day period, Tenant shall be deemed to have approved the last submitted space plan, this . The foregoing process shall be repeated until Landlord’s approval is obtained Tenant has approved (except which shall include deemed approval) the 5-Business Day period shall be reduced to three (3) Business Days); provided, however, that Tenant shall only make such changes to the proposed space plan which address the reasons Landlord specified for its disapproval of the proposed (such space plan. The , when approved space plan by Landlord and Tenant, is hereinafter herein referred to as the “Final Space Plan”).” Upon ▇▇▇▇▇▇’s written request at the time the Final Working Drawings are submitted to Landlord, Landlord shall, at the time of Landlord’s approval of the Final Space Plan, designate in writing by written notice to Tenant, which, if any, of the Tenant Improvements will need to be removed at the expiration or termination of the Lease Term.