Common use of Tenant’s Plan Approval Clause in Contracts

Tenant’s Plan Approval. Concurrently with, or within thirty (30) calendar days following the execution of this First Amendment, Tenant shall cause detailed plans and specifications (the “Plans”) to be prepared and delivered to Landlord; which Plans shall reflect the work to be performed within the Expansion Space by Tenant in order to suitably prepare the Expansion Space for Tenant’s use (the “Tenant’s Work”). Landlord shall, within ten (10) calendar days following its receipt of the Plans, either approve such Plans or provide Tenant with the reasons that Landlord is withholding such consent. If Landlord does not approve the Plans, Tenant shall immediately cause the Plans to be revised, consistent with Landlord’s comments, and then resubmit the Plans to Landlord for review within ten (10) calendar days of Landlord’s notice to Tenant of said non-approval of Tenant’s Plans. No work shall be undertaken by Tenant until the Plans have been finally approved by Landlord, Performance of the Tenant’s Work shall strictly conform to the approved Plans and any deviation will require Landlord’s prior approval. Any delays caused by Tenant with respect to submittal, revision, or approval of Plans pursuant to this paragraph shall not postpone the Expansion Space Rent Commencement Date. In the event that Tenant’s Plans have not been mutually approved within forty (40) days following the Expansion Space Lease Commencement Date, Landlord may, at Landlord’s option, terminate this First Amendment, regain possession of the Expansion Space, and Tenant shall reimburse Landlord for Landlord’s costs in preparing the Expansion Space for Tenant’s occupancy.

Tenant’s Plan Approval. Concurrently with, or within thirty (30) calendar days following the execution of this First Amendment, Tenant shall cause detailed plans and specifications (the “Plans”"PLANS") to be prepared and delivered to Landlord; which . The Plans shall reflect the work to be performed within the Expansion Space Premises by Tenant in order to suitably prepare the Expansion Space Premises for Tenant’s 's use (the “Tenant’s Work”"TENANT'S WORK"). Landlord shall, within ten seven (107) calendar days (which shall be deemed a reasonable amount of time) following its receipt of the Plans, either approve such Plans or provide Tenant with the reasons that Landlord is withholding such consentapproval. Landlord shall not unreasonably withhold or delay its approval. If Landlord does not approve the Plans, Tenant shall immediately cause the Plans to be revised, consistent with Landlord’s 's comments, and then resubmit the Plans to Landlord for review. On such subsequent review, Xxxxxxxx's review shall be limited to those aspects of the Plans revised or added in response to Xxxxxxxx's prior review. Tenant shall undertake no work until Xxxxxxxx has finally approved the Plans. If the parties do not agree on the Plans within thirty (30) days after the Plans are submitted to Landlord, the approval, conditional approval or disapproval of the Plans shall be determined in the following manner: Landlord and Tenant shall each appoint one (1) arbitrator who shall by profession be a qualified licensed architect specializing in industrial buildings in Southern California who shall have been active in such profession over the ten (10) calendar year period ending on the expiration of such thirty (30) day period. Each arbitrator shall be appointed within fifteen (15) days after the expiration of Landlord’s notice such thirty (30) day period. If within thirty (30) days after the arbitrators are appointed, the arbitrators are unable to Tenant agree upon whether the Plans should be approved, then the two (2) arbitrators so appointed shall, within fifteen (15) days after expiration of said non-approval of Tenant’s Plans. No work thirty (30) day period, agree upon and appoint a third arbitrator who shall be undertaken by Tenant until qualified under the Plans have been finally approved by Landlord, Performance same criteria set forth hereinabove for qualification of the Tenant’s Work initial two (2) arbitrators and who shall strictly conform to the approved Plans and any deviation will require Landlord’s prior approval. Any delays caused by Tenant with respect to submittalrender a decision, revision, or approval of Plans pursuant to this paragraph shall not postpone the Expansion Space Rent Commencement Date. In the event that Tenant’s Plans have not been mutually approved within forty fifteen (4015) days following his or her appointment, regarding whether the Expansion Space Lease Commencement DatePlans should be approved, Landlord may, at Landlord’s option, terminate this First Amendment, regain possession conditionally approved or disapproved. The decision of the Expansion Spacethird arbitrator shall be binding upon Landlord and Tenant. If the two (2) arbitrators fail to agree upon and appoint a third arbitrator, the matter shall be decided forthwith by the American Arbitration Association pursuant to its Commercial Arbitration Rules. The cost of the arbitration shall be paid equally by Landlord and Tenant. The arbitrators shall consider only the following factors in determining whether or not to approve the Plans: whether the alterations, additions or improvements contemplated by the Plans will: (w) adversely affect or adversely impact the structural integrity of the Building, including but not limited to the roof of the Building, (x) void or limit the roof warranty currently existing for the Building, (y) adversely affect or adversely impact the watertightness of the Building, including but not limited to the roof of the Building or (z) violate the CC&Rs or any governmental laws, ordinances or regulations. Notwithstanding the foregoing, the arbitrators shall nonetheless approve the Plans if the arbitrators determine that Tenant has adequately addressed in the Plans all of the criteria set forth in (w), (x), (y) and (z) above. It is contemplated that Tenant will make alterations, additions and improvements to the Premises in order to address environment and safety aspects and requirements in connection with Tenant's use of the Premises, including, without limitation, laboratory exhaust hoods and other exhaust ventilation and equipment requiring roof penetration, alterations to the Premises and facilities within the Premises to address fire code compliance, life safety concerns, product process containment and such other alterations to the Premises as are required by applicable codes and regulations and/or deemed necessary or appropriate in the judgment of professionals employed or retained by Tenant for the purpose of determining appropriate facility design for employee safety and compliance with applicable laws and regulations. Tenant shall have the right to make such alterations, either as part of Tenant's Work or as an alteration, addition or improvement pursuant to Section 6.1, and Landlord shall not disapprove such alteration, addition or improvement, provided such alterations comply with, or Tenant shall reimburse Landlord for Landlord’s costs has adequately addressed, the criteria set forth in preparing the Expansion Space for Tenant’s occupancyclauses (w), (x), (y) and (z) above.

Tenant’s Plan Approval. Concurrently with, or within thirty (30) calendar days following the execution of this First Second Amendment, Tenant shall cause detailed plans and specifications (the “Plans”) to be prepared and delivered to Landlord; which Plans shall reflect the work to be performed within the Additional Expansion Space by Tenant in order to suitably prepare the Additional Expansion Space for Tenant’s Tenants use (the “Tenant’s Work”). Landlord shall, within ten (10) calendar days following its receipt of the Plans, either approve such Plans or provide Tenant with the reasons that Landlord is withholding such consent. If Landlord does not approve the Plans, Tenant shall immediately cause the Plans to be revised, consistent with Landlord’s comments, and then resubmit the Plans to Landlord for review within ten (10) calendar days of Landlord’s notice to Tenant of said non-approval of Tenant’s Plans. No work shall be undertaken by Tenant until the Plans have been finally approved by Landlord, Performance of the Tenant’s Work shall strictly conform to the approved Plans and any deviation will require Landlord’s prior approval. Any delays caused by Tenant with respect to submittal, revision, or approval of Plans pursuant to this paragraph shall not postpone the Additional Expansion Space Rent Commencement Date. In the event that Tenant’s Plans have not been mutually approved within forty (40) days following the Additional Expansion Space Lease Commencement Date, Landlord may, at Landlord’s option, terminate this First AmendmentSecond Amendment , regain possession of the Additional Expansion Space, and Tenant shall reimburse Landlord for Landlord’s costs in preparing the Additional Expansion Space for Tenant’s occupancy.

Tenant’s Plan Approval. Concurrently with, or within thirty ten calendar days following, the execution of this Second Amendment, Tenant shall cause space plant (30“Space Plans”) calendar to be delivered to Landlord for its approval which Space Plans shall show all partition walls, doors, exists. Landlord shall approve, or disapprove if a Design Problem, as defined below, exists, within three (3) business days of receipt of such space Plans. Within forty-five (45) days following the execution of this First Second Amendment, Tenant shall cause Facility Solutions to prepare detailed plans and specifications (the “PlansPlan”) to be prepared and delivered to Landlord; , which Plans shall reflect the work to be performed within the Expansion Space Premises by Tenant Landlord in order to suitably prepare the Expansion Space Premises for Tenant’s use (the “Tenant2004 Landlord’s Workwork”). , Landlord shall, within ten five (105) calendar business days following its receipt of the Plans, either approve such Plans (consent to which shall not be withhold, conditioned or delayed unless and to the extent a Design Problem exists) or provide Tenant with the reasons that Landlord is withholding such consentconsent because a Design Problem exists. If Landlord does not approve the Plans, Tenant shall immediately cause promptly exists the Plans to be revised, consistent with Landlord’s commentscomments to the extent necessary to eliminate the Design Problem, and then resubmit the Plans to Landlord for review within ten seven (107) calendar business days of Landlord’s notice to Tenant of said non-approval of Tenant’s PlansPlan. No work shall be undertaken by Tenant Landlord until the Plans have been finally approved by Landlord. This, procedure shall be repeated until the Space Plans and the Plans have been approved by Landlord. Performance of the Tenant2004 Landlord’s Work shall strictly conform to the approved approval Plans and any deviation will require Landlordrequired Landlord and Tenant’s prior approval. Any delays caused by Tenant with respect A Design Problem will be deemed to submittal, revision, or approval of exist to the extent that the Plans and the improvements to be constructed pursuant to this paragraph shall the Plans (a) do not postpone the Expansion Space Rent Commencement Date. In the event that Tenant’s Plans have not been mutually approved within forty comply with Laws and Orders (40) days following the Expansion Space Lease Commencement Date, Landlord may, at Landlord’s option, terminate this First Amendment, regain possession as defined in Section 7.1 of the Expansion SpaceLease) (b) could affect the exterior appearance of the Building (c) would unreasonably interfere with any other tenant’s use of their premises for general business office questions, and Tenant shall reimburse Landlord for Landlord’s costs (d) would adversely affect the Base Building Systems (as defined in preparing Section 11.1 of the Expansion Space for Tenant’s occupancyLease) or (e) adversely affect the structural integrity of the Building.

Tenant’s Plan Approval. Concurrently with, or within thirty (30) calendar days following the execution of this First Amendment, Tenant shall cause detailed derailed plans and specifications (the “Plans”) to be prepared and delivered to Landlord; which Plans shall reflect the work to be performed within the Expansion Space Premises by Tenant following completion of the Landlord’s Work in order to suitably prepare the Expansion Space Premises for Tenant’s use (the “Tenant’s Work”). Landlord shall, within ten (10) calendar days following its receipt of the Plans, either approve such Plans or provide Tenant with the reasons that Landlord is withholding such consent. If Landlord does not approve the Plans, Tenant shall immediately cause the Plans to be revised, consistent with Landlord’s comments, and then resubmit the Plans to Landlord for review within ten (10) calendar days of Landlord’s notice to Tenant of said non-approval of Tenant’s Plans. No work shall be undertaken by Tenant until the Plans have been finally approved by Landlord, . Performance of the Tenant’s Work shall strictly conform to the approved Plans and any deviation will require Landlord’s prior approval. Any delays caused by Tenant with respect to submittal, revision, or approval of Plans plans pursuant to this paragraph shall not postpone accelerate the Expansion Space Rent Lease Commencement DateDate accordingly. In the event that Tenant’s Plans have not been mutually approved within forty ten (4010) days following the Expansion Space Lease Commencement Delivery Date, Landlord may, at Landlord’s option, terminate this First AmendmentAmendment and Lease, regain possession of the Expansion SpacePremises, and Tenant shall reimburse Landlord for Landlord’s costs in preparing the Expansion Space Premises for Tenant’s occupancy.

Tenant’s Plan Approval. Concurrently with, or within thirty (30) forty-five calendar days following the execution of this First AmendmentLease, Tenant shall cause detailed plans and specifications (the “Plans”) to be prepared and delivered to Landlord; which Plans shall reflect the work to be performed within the Expansion Space Premises by Tenant following completion of the Landlord’s Work in order to suitably prepare the Expansion Space Premises for Tenant’s use (the “Tenant’s Work”). Landlord shall, within ten (10) calendar days following its receipt of the Plans, either approve such Plans or provide Tenant with the reasons that Landlord is withholding such consent. If Landlord does not approve the Plans, Tenant shall immediately cause the Plans to be revised, consistent with Landlord’s comments, and then resubmit the Plans to Landlord for review within ten (10) calendar days of Landlord’s notice to Tenant of said non-approval of Tenant’s Plans. No work shall be undertaken by Tenant until the Plans have been finally approved by Landlord, . Performance of the Tenant’s Work shall strictly conform to the approved Plans and any deviation will require Landlord’s prior approval. Any delays caused by Tenant with respect to submittal, revision, or approval of Plans plans pursuant to this paragraph shall not postpone accelerate the Expansion Space Rent Commencement DateDate accordingly. In the event that Tenant’s Plans have not been mutually approved within forty (40) 40 days following the Expansion Space Lease Commencement Date, Landlord may, at Landlord’s option, terminate this First AmendmentLease, regain possession of the Expansion SpacePremises, and Tenant shall reimburse Landlord for Landlord’s costs in preparing the Expansion Space Premises for Tenant’s occupancy.