Common use of Where Director Approval Not Required Clause in Contracts

Where Director Approval Not Required. Notwithstanding the foregoing, and notwithstanding anything to the contrary in this Article 5, Lessee shall not be required to seek or obtain the approvals of Director described in this Article 5 (including those set forth in Section 5.3) for Alterations (other than the Renovation Work) where all of the following conditions are satisfied: (i) the total cost of the project is less than One Hundred Thousand Dollars ($100,000), adjusted annually to reflect the increase or decrease in the ENR Index from and after the Effective Date (provided, however, that in no event shall such adjustment result in a reduction of the threshold for Director approval to less than One Hundred Thousand Dollars ($100,000); (ii) none of the proposed construction activity is structural in nature; and (iii) none of the proposed construction, additions, modifications or changes materially affect the exterior of the Improvements or the appearance of the Improvements from the exterior; provided, however, that whenever Lessee makes or constructs or permits any Alterations in or to the Premises, Lessee shall (a) give written notice thereof (including a description of the work to be done and any permits obtained for such work), and (b) furnish a copy of “as-built” plans upon completion of such work to County (to the extent that it is appropriate for plans to be prepared for the subject work).

Where Director Approval Not Required. Notwithstanding the foregoing, and notwithstanding anything to the contrary in this Article 5, Lessee shall not be required to seek or obtain the approvals of Director described in this Article 5 (including those set forth in Section 5.3) for Alterations (other than the Renovation Redevelopment Work) where all of the following conditions are satisfied: (i) the total cost of the project is less than One Hundred Thousand Dollars ($100,000), adjusted annually to reflect the increase or decrease in the ENR Index from and after the Effective Date (provided, however, that in no event shall such adjustment result in a reduction of the threshold for Director approval to less than One Hundred Thousand Dollars ($100,000)); (ii) none of the proposed construction activity is structural in nature; and (iii) none of the proposed construction, additions, modifications or changes materially affect or are visible from the exterior of the Improvements or the appearance of the Improvements from the exteriorPremises; provided, however, that whenever Lessee makes or constructs or permits any Alterations improvements in or to the Premises, Lessee shall (a) give written notice thereof (including a description of the work to be done and any the permits obtained for such work), and (b) furnish a copy of “as-built” plans upon completion of such work to County (to the extent that it is appropriate for plans to be prepared for the subject work)County.

Where Director Approval Not Required. Notwithstanding the foregoing, and notwithstanding anything to the contrary in this Article 5, Lessee Concessionaire shall not be required to seek or obtain the approvals of Director described in this Article 5 (including those set forth in Section 5.3. and 5.14.) for Alterations (other than the Renovation Work) where all of the following conditions are satisfied: (i) the total cost of the project is less than One Hundred Fifty Thousand Dollars ($100,00050,000), adjusted annually to reflect the increase or decrease in the ENR Index from and after the Effective Date (Date; provided, however, that in no event shall such adjustment result in a reduction of the threshold for Director approval to less than One Hundred Fifty Thousand Dollars ($100,00050,000); and provided, further that the cost threshold set forth in this clause (i) shall not be applicable to typical office, restaurant or retail interior leasehold improvements; (ii) none of the proposed construction activity is structural in nature; and (iii) none of the proposed construction, additions, modifications or changes materially affect or are visible from the exterior of the Improvements or the appearance of the Improvements from the exteriorPremises; provided, however, that whenever Lessee Concessionaire makes or constructs or permits any Alterations improvements in or to the Premises, Lessee Concessionaire shall (a) give written notice thereof (including a description of the work to be done and any the permits obtained for such work), and (b) furnish a copy of “as-built” plans upon completion of such work to County (to the extent that it is appropriate for plans to be prepared for the subject work)County.

Where Director Approval Not Required. Notwithstanding the foregoing, and notwithstanding anything to the contrary in this Article 5, Lessee shall not be required to seek or obtain the approvals of Director described in this Article 5 (including those set forth in Section 5.3) for Alterations (other than the Renovation Work) where all of the following conditions are satisfied: (i) the total cost of the project Alterations is less than One Two Hundred Thousand Dollars ($100,000200,000), adjusted annually to reflect the increase or decrease in the ENR Index from and after the Effective Date (Date; provided, however, that in no event shall such adjustment result in a reduction of the threshold for Director approval to less than One Two Hundred Thousand Dollars ($100,000200,000); (ii) none of the proposed construction activity is structural in nature; and (iii) none of the proposed construction, additions, modifications or changes materially affect or are visible from the exterior of the Improvements or the appearance of the Improvements from the exterior; provided, however, that whenever Lessee makes or constructs or permits Premises. In all circumstances where Xxxxxx is entitled to construct any Alterations improvement in or to the PremisesPremises under this Section 5.9, Lessee shall (a) give written notice thereof (including a description of the work to be done and any the permits obtained for such work), and (b) furnish a copy electronic copies of “as-as- built” plans upon completion of such work to County (to the extent that it is appropriate for plans to be prepared for the subject work)County.

Where Director Approval Not Required. Notwithstanding the foregoing, and notwithstanding anything to the contrary in this Article 5, Lessee shall not be required to seek or obtain the approvals of Director described in this Article 5 (including those set forth in Section 5.3) for Alterations (other than the Renovation Work) where all of the following conditions are satisfied: (i) the total cost of the project is less than One Hundred Thousand Dollars ($100,000), adjusted annually to reflect the increase or decrease in the ENR Index from and after the Effective Date (Date; provided, however, that in no event shall such adjustment result in a reduction of the threshold for Director approval to less than One Hundred Thousand Dollars ($100,000); and provided, further that the cost threshold set forth in this clause (i) shall not be applicable to typical office, restaurant or retail interior leasehold improvements; (ii) none of the proposed construction activity is structural in nature; and (iii) none of the proposed construction, additions, modifications or changes materially affect or are visible from the exterior of the Improvements or the appearance of the Improvements from the exteriorPremises; provided, however, that whenever Lessee Xxxxxx makes or constructs or permits any Alterations improvements in or to the Premises, Lessee shall (a) give written notice thereof (including a description of the work to be done and any the permits obtained for such work), and (b) furnish a copy of “as-built” plans upon completion of such work to County (to the extent that it is appropriate for plans to be prepared for the subject work)County.

Where Director Approval Not Required. Notwithstanding the foregoing, and notwithstanding anything to the contrary in this Article 5, Lessee shall not be required to seek or obtain the approvals of Director described in this Article 5 (including those set forth in Section 5.3) for Alterations (other than the Renovation Work) where all of the following conditions are satisfied: (i) the total cost of the project is less than One Hundred Thousand Dollars ($100,000), adjusted annually to reflect the increase or decrease in the ENR Index from and after the Effective Date (Date; provided, however, that in no event shall such adjustment result in a reduction of the threshold for Director approval to less than One Hundred Thousand Dollars ($100,000); and provided, further that the cost threshold set forth in this clause (i) shall not be applicable to typical office, restaurant or retail interior leasehold improvements; (ii) none of the proposed construction activity is structural in nature; and (iii) none of the proposed construction, additions, modifications or changes materially affect or are visible from the exterior of the Improvements or the appearance of the Improvements from the exteriorPremises; provided, however, that whenever Lessee makes or constructs or permits any Alterations improvements in or to the Premises, Lessee shall (a) give written notice thereof (including a description of the work to be done and any the permits obtained for such work), and (b) furnish a copy of “as-built” plans upon completion of such work to County (to the extent that it is appropriate for plans to be prepared for the subject work)County.