Common use of Tenant’s Plan Approval Clause in Contracts

Tenant’s Plan Approval. Tenant shall cause detailed plans and specifications (the "PLANS") to be prepared and delivered to Landlord. The Plans shall reflect the work to be performed within the Premises by Tenant to suitably prepare the Premises for Tenant's use (the "TENANT'S WORK"). Landlord shall, within seven (7) 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 approval. Landlord shall not unreasonably withhold or delay its approval. If Landlord does not approve the Plans, Tenant shall cause the Plans to be revised, consistent with Landlord'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) 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 such thirty (30) day period. If within thirty (30) days after the arbitrators are appointed, the arbitrators are unable to agree upon whether the Plans should be approved, then the two (2) arbitrators so appointed shall, within fifteen (15) days after expiration of said thirty (30) day period, agree upon and appoint a third arbitrator who shall be qualified under the same criteria set forth hereinabove for qualification of the initial two (2) arbitrators and who shall render a decision, within fifteen (15) days following his or her appointment, regarding whether the Plans should be approved, conditionally approved or disapproved. The decision of the third 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 has adequately addressed, the criteria set forth in clauses (w), (x), (y) and (z) above.

Tenant’s Plan Approval. Concurrently with, or within forty-five calendar days following the execution of this Lease, Tenant shall cause detailed plans and specifications (the "PLANS"“Plans”) to be prepared and delivered to Landlord. The ; which Plans shall reflect the work to be performed within the Premises by Tenant following completion of the Landlord’s Work in order to suitably prepare the Premises for Tenant's ’s use (the "TENANT'S WORK"“Tenant’s Work”). Landlord shall, within seven (7) ten 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 approval. Landlord shall not unreasonably withhold or delay its approvalconsent. 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 reviewreview within ten calendar days of Landlord’s notice to Tenant of said non-approval of Tenant’s Plans. On such subsequent review, Xxxxxxxx's review No work shall be limited to those aspects 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 revised and any deviation will require Landlord’s prior approval. Any delays caused by Tenant with respect to submittal, revision, or added in response approval of plans pursuant to Xxxxxxxx's prior reviewthis paragraph shall accelerate the Rent Commencement Date accordingly. Tenant shall undertake no work until Xxxxxxxx has finally In the event that Tenant’s Plans have not been mutually 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) 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 such thirty (30) day period. If within thirty (30) days after the arbitrators are appointed, the arbitrators are unable to agree upon whether the Plans should be approved, then the two (2) arbitrators so appointed shall, within fifteen (15) days after expiration of said thirty (30) day period, agree upon and appoint a third arbitrator who shall be qualified under the same criteria set forth hereinabove for qualification of the initial two (2) arbitrators and who shall render a decision, within fifteen (15) 40 days following his or her appointmentthe Lease Commencement Date, regarding whether the Plans should be approvedLandlord may, conditionally approved or disapproved. The decision of the third arbitrator shall be binding upon Landlord and Tenant. If the two (2) arbitrators fail to agree upon and appoint a third arbitratorat Landlord’s option, 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 alterationsterminate this Lease, 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 regain possession of the Premises, including, without limitation, laboratory exhaust hoods and other exhaust ventilation and equipment requiring roof penetration, alterations to Tenant shall reimburse Landlord for Landlord’s costs in preparing 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 has adequately addressed, the criteria set forth in clauses (w), (x), (y) and (z) above’s occupancy.

Tenant’s Plan Approval. Concurrently with, or within thirty (30) calendar days following the execution of this Amendment, Tenant shall cause detailed derailed plans and specifications (the "PLANS"“Plans”) to be prepared and delivered to Landlord. The ; which Plans shall reflect the work to be performed within the Expansion Premises by Tenant following completion of the Landlord’s Work in order to suitably prepare the Expansion Premises for Tenant's ’s use (the "TENANT'S WORK"“Tenant’s Work”). Landlord shall, within seven ten (710) 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 approval. Landlord shall not unreasonably withhold or delay its approvalconsent. 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) year period ending on the expiration calendar days of such thirty (30) day periodLandlord’s notice to Tenant of said non-approval of Tenant’s Plans. Each arbitrator No work shall be appointed within fifteen (15) days after the expiration of such thirty (30) day period. If within thirty (30) days after the arbitrators are appointed, the arbitrators are unable to agree upon whether undertaken by Tenant until the Plans should be approved, then the two (2) arbitrators so appointed shall, within fifteen (15) days after expiration of said thirty (30) day period, agree upon and appoint a third arbitrator who shall be qualified under the same criteria set forth hereinabove for qualification have been finally approved by Landlord. Performance of the initial two 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 accelerate the Lease Commencement Date accordingly. In the event that Tenant’s Plans have not been mutually approved within ten (2) arbitrators and who shall render a decision, within fifteen (1510) days following his or her appointmentthe Delivery Date, regarding whether the Plans should be approvedLandlord may, conditionally approved or disapproved. The decision at Landlord’s option, terminate this Amendment and Lease, regain possession of the third 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 Expansion 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 reimburse Landlord for Landlord’s costs in preparing the right to make such alterations, either as part of Expansion Premises for 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 has adequately addressed, the criteria set forth in clauses (w), (x), (y) and (z) above’s occupancy.

Tenant’s Plan Approval. Concurrently with, or within thirty (30) calendar days following the execution of this Second Amendment, Tenant shall cause detailed plans and specifications (the "PLANS"“Plans”) to be prepared and delivered to Landlord. The ; which Plans shall reflect the work to be performed within the Premises Additional Expansion Space by Tenant in order to suitably prepare the Premises Additional Expansion Space for Tenant's Tenants use (the "TENANT'S WORK"“Tenant’s Work”). Landlord shall, within seven ten (710) 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 approval. Landlord shall not unreasonably withhold or delay its approvalconsent. 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) year period ending on the expiration calendar days of such thirty (30) day periodLandlord’s notice to Tenant of said non-approval of Tenant’s Plans. Each arbitrator No work shall be appointed within fifteen (15) days after the expiration of such thirty (30) day period. If within thirty (30) days after the arbitrators are appointed, the arbitrators are unable to agree upon whether undertaken by Tenant until the Plans should be approvedhave been finally approved by Landlord, then the two (2) arbitrators so appointed shall, within fifteen (15) days after expiration of said thirty (30) day period, agree upon and appoint a third arbitrator who shall be qualified under the same criteria set forth hereinabove for qualification Performance of the initial two 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 (2) arbitrators and who shall render a decision, within fifteen (1540) days following his or her appointmentthe Additional Expansion Space Lease Commencement Date, regarding whether the Plans should be approvedLandlord may, conditionally approved or disapproved. The decision at Landlord’s option, terminate this Second Amendment , regain possession of the third arbitrator shall be binding upon Landlord Additional Expansion Space, 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 reimburse Landlord for Landlord’s costs in preparing the right to make such alterations, either as part of Additional Expansion Space for 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 has adequately addressed, the criteria set forth in clauses (w), (x), (y) and (z) above’s occupancy.

Tenant’s Plan Approval. Concurrently with, or within ten calendar days following, the execution of this Second Amendment, Tenant shall cause space plant (“Space Plans”) 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 Second Amendment, Tenant shall cause Facility Solutions to prepare detailed plans and specifications (the "PLANS"“Plan”) to be prepared and delivered to Landlord. The , which Plans shall reflect the work to be performed within the Premises by Tenant Landlord in order to suitably prepare the Premises for Tenant's ’s use (the "TENANT'S WORK"“2004 Landlord’s work”). , Landlord shall, within seven five (75) business days (which shall be deemed a reasonable amount of time) 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 approval. Landlord shall not unreasonably withhold or delay its approvalconsent because a Design Problem exists. If Landlord does not approve the Plans, Tenant shall cause promptly exists the Plans to be revised, consistent with Landlord's comments’s comments to the extent necessary to eliminate the Design Problem, and then resubmit the Plans to Landlord for reviewreview within seven (7) business days of Landlord’s notice to Tenant of said non-approval of Tenant’s Plan. On such subsequent review, Xxxxxxxx's review No work shall be limited to those aspects undertaken by 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 2004 Landlord’s Work shall strictly conform to the approval 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) 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 such thirty (30) day period. If within thirty (30) days after the arbitrators are appointed, the arbitrators are unable to agree upon whether the Plans should be approved, then the two (2) arbitrators so appointed shall, within fifteen (15) days after expiration of said thirty (30) day period, agree upon and appoint a third arbitrator who shall be qualified under the same criteria set forth hereinabove for qualification of the initial two (2) arbitrators and who shall render a decision, within fifteen (15) days following his or her appointment, regarding whether the Plans should be approved, conditionally approved or disapproved. The decision of the third arbitrator shall be binding upon any deviation will required Landlord and Tenant’s prior approval. If A Design Problem will be deemed to exist to the two (2) arbitrators fail extent that the Plans and the improvements to agree upon and appoint a third arbitrator, the matter shall be decided forthwith by the American Arbitration Association constructed pursuant to its Commercial Arbitration Rules. The cost the Plans (a) do not comply with Laws and Orders (as defined in Section 7.1 of the arbitration shall be paid equally by Landlord and Tenant. The arbitrators shall consider only Lease) (b) could affect the following factors exterior appearance of the Building (c) would unreasonably interfere with any other tenant’s use of their premises for general business office questions, (d) would adversely affect the Base Building Systems (as defined in determining whether Section 11.1 of the Lease) or not to approve the Plans: whether the alterations, additions or improvements contemplated by the Plans will: (we) 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 has adequately addressed, the criteria set forth in clauses (w), (x), (y) and (z) above.

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. The ; which Plans shall reflect the work to be performed within the Premises Expansion Space by Tenant in order to suitably prepare the Premises Expansion Space for Tenant's ’s use (the "TENANT'S WORK"“Tenant’s Work”). Landlord shall, within seven ten (710) 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 approval. Landlord shall not unreasonably withhold or delay its approvalconsent. 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) year period ending on the expiration calendar days of such thirty (30) day periodLandlord’s notice to Tenant of said non-approval of Tenant’s Plans. Each arbitrator No work shall be appointed within fifteen (15) days after the expiration of such thirty (30) day period. If within thirty (30) days after the arbitrators are appointed, the arbitrators are unable to agree upon whether undertaken by Tenant until the Plans should be approvedhave been finally approved by Landlord, then the two (2) arbitrators so appointed shall, within fifteen (15) days after expiration of said thirty (30) day period, agree upon and appoint a third arbitrator who shall be qualified under the same criteria set forth hereinabove for qualification Performance of the initial two 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 (2) arbitrators and who shall render a decision, within fifteen (1540) days following his or her appointmentthe Expansion Space Lease Commencement Date, regarding whether the Plans should be approvedLandlord may, conditionally approved or disapproved. The decision at Landlord’s option, terminate this First Amendment, regain possession of the third arbitrator shall be binding upon Landlord Expansion Space, 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 reimburse Landlord for Landlord’s costs in preparing the right to make such alterations, either as part of Expansion Space for 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 has adequately addressed, the criteria set forth in clauses (w), (x), (y) and (z) above’s occupancy.