Common use of CERTIFICATION REVIEW Clause in Contracts

CERTIFICATION REVIEW. 5.1. Following receipt of Your Application, GBCI will initiate its review, which includes review of the Application and all accompanying documentation You submit therewith, and administration of Your Project to determine if it is eligible for WELL Certification (and if so, the appropriate level of WELL Certification to be conferred) and/or review of the results of an on-site performance assessment and performance testing (with such performance testing and performance review and assessment collectively referred to as “WELL Performance Verification” or “Performance Verification”). During a review, GBCI may request additional documentation, resubmission of calculations and any other information or factors that GBCI deems relevant. GBCI will strive to meet any review timelines set forth in the Certification Guidebook (each, a “Review Timeline”); however, the Review Timelines are estimates only. The failure of GBCI to meet any Review Timeline will not be considered a breach of this Agreement and You will not be entitled to any remedy, including a refund of any portion of any Fees paid by You under this Agreement as a result of such failure; provided, however, You will be accorded additional time to respond to GBCI commensurate with any delay caused by GBCI’s failure to meet a Review Timeline. 5.2. Subject to the last sentence of Section 5.1, Projects must abide by time frames outlined herein and the Certification Guidebook, or, if applicable, remain current on Your subscription, in order to avoid registration expiring. You are required to initiate Performance Verification under the WELL Building Standard or WELL v2 within five (5) years of registration or while Your subscription is active, whichever is longer, or submit data to GBCI for Performance Verification within ten (10) years of registration under the WELL Community Standard. Moreover, with respect to projects seeking WELL Certification under the WELL Community Standard, You are required to submit documentation for WELL Design & Operations (“WELL D&O”) designation within five (5) years of registration, and You are required to register the minimum number or percentage of health and wellness certified total building count or percentage of total gross building area, as applicable, that is required for Your Project under the WELL Community Standard within two (2) years of registration with the option to seek an extension of that time period from IWBI, as applicable. WELL D&O refers to the designation awarded by IWBI indicating a Project’s progress toward WELL Certification, in accordance with timelines set forth in the Certification Guidebook for WELL v2 or WELL Community Standard, as applicable. 5.3. WELL Certification is valid for three (3) years under the WELL Building Standard and valid for five (5) years for the WELL Community Standard. During the three (3) year time period for certification sought under the WELL Building Standard, annual performance data must be submitted for certain select features that require more frequent reporting, as indicated in the feature requirements or Project Type Requirements, as applicable. Further, in order to maintain certification, Your Project must submit a recertification application no later than the third (3rd) anniversary or fifth (5th) anniversary of the date on which certification was last granted for the Project under the WELL Building Standard or WELL Community Standard, respectively. Filing a recertification application extends the validity of the Project’s prior certification period for an additional six (6) months upon filing, during which time the Project must satisfactorily submit a recertification application to determine that the Project continues to meet the features of the applicable WELL Program. For the Project’s first recertification cycle, You may elect to have the Project reviewed under either the version of WELL Building Standard or WELL Community Standard for which the Project achieved initial certification or any subsequently released version. For all subsequent recertification cycles, the Project will be expected to comply with, and will be reviewed under, the version of the WELL Building Standard or WELL Community Standard (other than pilot versions thereof) that is in place twelve (12) months prior to the expiration of its then-current certification or, if You so choose, You may elect review of your Project under a more recent version of the WELL Building Standard or the WELL Community Standard. Failure to successfully recertify within forty-two (42) months under the WELL Building Standard or sixty-six (66) months under the WELL Community Standard of Your Project’s then-current certification will cause your Project’s certification to expire and your Project will be removed from the WELL Project Directory. Should your Project’s certification expire, you must re-register the Project and submit an initial application under the most recent version of the WELL Building Standard or WELL Community Standard, as applicable. 5.4. You recognize and acknowledge that the WELL Program, while regulated by specific policies and standards, also requires discretion and judgment. The decision whether to grant or deny WELL Certification to a Project will be made in the sole discretion of GBCI based on the sufficiency of the submitted Project Information (defined below), your Project Type, the results of on-site performance testing for WELL Performance Verification and any other information that GBCI deems relevant.

CERTIFICATION REVIEW. 5.1. Following receipt of Your Application, GBCI will initiate its review, which includes review of the Application and all accompanying documentation You submit therewith, and administration of Your Project to determine if it is eligible for WELL Certification (and if so, the appropriate level of WELL Certification to be conferred) and/or review of the results of an on-site performance assessment and performance testing (with such performance testing and performance review and assessment collectively referred to as “WELL Performance Verification” or “Performance Verification”). During a review, GBCI may request additional documentation, resubmission of calculations and any other information or factors that GBCI deems relevant. GBCI will strive to meet any review timelines set forth in the Certification Guidebook (each, a “Review Timeline”); however, the Review Timelines are estimates only. The failure of GBCI to meet any Review Timeline will not be considered a breach of this Agreement and You will not be entitled to any remedy, including a refund of any portion of any Fees paid by You under this Agreement as a result of such failure; provided, however, You will be accorded additional time to respond to GBCI commensurate with any delay caused by GBCI’s failure to meet a Review Timeline. 5.2. Subject to the last sentence of Section 5.1, Projects must abide by time frames outlined herein and the Certification Guidebook, or, if applicable, remain current on Your subscription, in order to avoid registration expiring. You are required to initiate Performance Verification under the WELL Building Standard or WELL v2 within five (5) years of registration or while Your subscription is active, whichever is longer, or submit data to GBCI for Performance Verification within ten (10) years of registration under the WELL Community Standard. Moreover, with respect to projects seeking WELL Certification under the WELL Community Standard, You are required to submit documentation for the WELL Design & Operations (“WELL D&O”) Precertification designation within five (5) years of registration, and You are required to register the minimum number or percentage of health and wellness certified total building count or percentage of total gross building area, as applicable, that is required for Your Project under the WELL Community Standard within two (2) years of registration with the option to seek an extension of that time period from IWBI, as applicable. WELL D&O Precertification refers to the designation awarded by IWBI indicating a Project’s progress toward WELL Certification, in accordance with timelines set forth in the Certification Guidebook for the WELL v2 Building Standard or WELL Community Standard, as applicablerespectively. 5.3. WELL Certification is valid for three (3) years under the WELL Building Standard and valid for five (5) years for the WELL Community Standard. During the three (3) year time period for certification sought under the WELL Building Standard, annual performance data must be submitted for certain select features that require more frequent reporting, as indicated in the feature requirements or Project Type Requirements, as applicable. Further, in order to maintain certification, Your Project must submit a recertification application no later than the third (3rd) anniversary or fifth (5th) anniversary of the date on which certification was last granted for the Project under the WELL Building Standard or WELL Community Standard, respectively. Filing a recertification application extends the validity of the Project’s prior certification period for an additional six (6) months upon filing, during which time the Project must satisfactorily submit a recertification application to determine that the Project continues to meet the features of the applicable WELL Program. For the Project’s first recertification cycle, You may elect to have the Project reviewed under either the version of WELL Building Standard or WELL Community Standard for which the Project achieved initial certification or any subsequently released version. For all subsequent recertification cycles, the Project will be expected to comply with, and will be reviewed under, the version of the WELL Building Standard or WELL Community Standard (other than pilot versions thereof) that is in place twelve (12) months prior to the expiration of its then-current certification or, if You so choose, You may elect review of your Project under a more recent version of the WELL Building Standard or the WELL Community Standard. Failure to successfully recertify within forty-two (42) months under the WELL Building Standard or sixty-six (66) months under the WELL Community Standard of Your Project’s then-current certification will cause your Project’s certification to expire and your Project will be removed from the WELL Project Directory. Should your Project’s certification expire, you must re-register the Project and submit an initial application under the most recent version of the WELL Building Standard or WELL Community Standard, as applicable. The WELL Health-Safety Rating is valid for one year from the time it is achieved, and it is subject to renewal, including payment of applicable fees and submission of a renewal application for GBCI’s review. 5.4. You recognize and acknowledge that the WELL Program, while regulated by specific policies and standards, also requires discretion and judgment. The decision whether to grant or deny WELL Certification to a Project will be made in the sole discretion of GBCI based on the sufficiency of the submitted Project Information (defined below), your Project Type, the results of on-site performance testing for WELL Performance Verification and any other information that GBCI deems relevant.

CERTIFICATION REVIEW. 5.1. Following receipt of Your Application, GBCI will initiate its review, which includes review of the Application and all accompanying documentation You submit therewith, and administration of Your Project to determine if it is eligible for WELL Certification (and if so, the appropriate level of WELL Certification to be conferred) and/or review of the results of an on-site performance assessment and performance testing (with such performance testing and performance review and assessment collectively referred to as “WELL Performance Verification” or “Performance Verification”). During a review, GBCI may request additional documentation, resubmission of calculations and any other information or factors that GBCI deems relevant. GBCI will strive to meet any review timelines set forth in the Certification Guidebook (each, a “Review Timeline”); however, the Review Timelines are estimates only. The failure of GBCI to meet any Review Timeline will not be considered a breach of this Agreement and You will not be entitled to any remedy, including a refund of any portion of any Fees paid by You under this Agreement as a result of such failure; provided, however, You will be accorded additional time to respond to GBCI commensurate with any delay caused by GBCI’s failure to meet a Review Timeline. 5.2. Subject to the last sentence of Section 5.1, Projects must abide by time frames outlined herein and the Certification Guidebook, or, if applicable, remain current on Your subscription, in order to avoid registration expiring. You are required to initiate Performance Verification under the WELL Building Standard or WELL v2 within five (5) years of registration or while Your subscription is active, whichever is longer, or submit data to GBCI for Performance Verification within ten (10) years of registration under the WELL Community Standard. Moreover, with respect to projects seeking WELL Certification under the WELL Community Standard, You are required to submit documentation for WELL Design & Operations (“WELL D&O”) designation within five (5) years of registration, and You are required to register the minimum number or percentage of health and wellness certified total building count or percentage of total gross building area, as applicable, that is required for Your Project under the WELL Community Standard within two (2) years of registration with the option to seek an extension of that time period from IWBI, as applicable. WELL Precertification and WELL D&O refers refer to the designation awarded by IWBI indicating a Project’s progress toward WELL Certification, in accordance with timelines set forth in the Certification Guidebook for the WELL v2 Building Standard or WELL Community Standard, as applicablerespectively. 5.3. WELL Certification is valid for three (3) years under the WELL Building Standard and valid for five (5) years for the WELL Community Standard. During the three (3) year time period for certification sought under the WELL Building Standard, annual performance data must be submitted for certain select features that require more frequent reporting, as indicated in the feature requirements or Project Type Requirements, as applicable. Further, in order to maintain certification, Your Project must submit a recertification application no later than the third (3rd) anniversary or fifth (5th) anniversary of the date on which certification was last granted for the Project under the WELL Building Standard or WELL Community Standard, respectively. Filing a recertification application extends the validity of the Project’s prior certification period for an additional six (6) months upon filing, during which time the Project must satisfactorily submit a recertification application to determine that the Project continues to meet the features of the applicable WELL Program. For the Project’s first recertification cycle, You may elect to have the Project reviewed under either the version of WELL Building Standard or WELL Community Standard for which the Project achieved initial certification or any subsequently released version. For all subsequent recertification cycles, the Project will be expected to comply with, and will be reviewed under, the version of the WELL Building Standard or WELL Community Standard (other than pilot versions thereof) that is in place twelve (12) months prior to the expiration of its then-current certification or, if You so choose, You may elect review of your Project under a more recent version of the WELL Building Standard or the WELL Community Standard. Failure to successfully recertify within forty-two (42) months under the WELL Building Standard or sixty-six (66) months under the WELL Community Standard of Your Project’s then-current certification will cause your Project’s certification to expire and your Project will be removed from the WELL Project Directory. Should your Project’s certification expire, you must re-register the Project and submit an initial application under the most recent version of the WELL Building Standard or WELL Community Standard, as applicable. 5.4. You recognize and acknowledge that the WELL Program, while regulated by specific policies and standards, also requires discretion and judgment. The decision whether to grant or deny WELL Certification to a Project will be made in the sole discretion of GBCI based on the sufficiency of the submitted Project Information (defined below), your Project Type, the results of on-site performance testing for WELL Performance Verification and any other information that GBCI deems relevant.