Common use of Approval and Completion Clause in Contracts

Approval and Completion. Upon any dispute regarding the design of the Tenant Improvements, which is not settled within 10 business days after notice of such dispute is delivered by one party to the other, Tenant may make the final decision regarding the design of the Tenant Improvements, provided (i) Tenant acts reasonably and such final decision is either consistent with or a compromise between Landlord’s and Tenant’s positions with respect to such dispute, (ii) that all costs and expenses resulting from any such decision by Tenant shall be payable by Tenant to the extent such costs are in excess of Landlord’s budgeted cost for such item as such item is reflected on the Space Plan, and (iii) Tenant’s decision will not affect the base Building, structural components of the Building or any Building systems. In connection with any increase of the Landlord’s budgeted costs, Landlord shall provide Tenant with the amount of the specific line item increase together with backup information reasonably required to support Landlord’s budgeted costs for the applicable line item and the applicable line item increase but, for the avoidance of any doubt, in no event shall Landlord be required to provide Tenant with its budget. Any changes to the TI Construction Drawings requested by Tenant following Landlord’s and Tenant’s approval of same requested by Tenant shall be processed as provided in Section 4 hereof.

Appears in 3 contracts

Sources: Lease Agreement (Avidity Biosciences, Inc.), Lease Agreement (Avidity Biosciences, Inc.), Lease Agreement (Avidity Biosciences, Inc.)