Common use of Construction Plans Clause in Contracts

Construction Plans. On or before fifteen (15) days after approval of the ------------------ Space Plan by Landlord and Tenant, a licensed architect reasonably acceptable to Landlord (which architect may be the approved space planner if the space planner is a licensed architect), at Tenant's expense, will prepare construction plans and specifications (such construction plans and specifications, when approved by Landlord and Tenant, and all changes and amendments thereto agreed to by Landlord and Tenant in writing, are herein called the "Construction Plans") for all of Tenant's improvements requested pursuant to the Space Plan (all improvements required by the Construction Plans are herein called "Tenant's Improvements"), including color and design schemes, detail and finish drawings for partitions, doors, reflected ceiling, telephone outlets, electrical switches and outlets and Building standard heating, ventilation and air conditioning equipment and controls. Within five (5) business days after construction plans and specifications are delivered to Landlord, Landlord shall approve or disapprove same in writing and if disapproved, Landlord shall provide Tenant's architect specific reasons for disapproval. The foregoing process shall continue until the construction plans and specifications are approved by Landlord; provided that if Landlord fails to respond in any five (5) business day period, Landlord shall be deemed to have approved the last submitted construction plans. Landlord hereby agrees that Landlord shall not be entitled to disapprove construction plans except for the following reasons: (i) the construction plans do not conform to applicable laws, rules and regulations, (ii) the construction plans or specifications will not accommodate Building standard heating, cooling, mechanical, electrical or plumbing improvements, (iii) the construction plans or specifications do not conform to the Space Plan, (iv) the construction required by the construction plans could in Landlord's judgment affect the structural integrity or any structural member of the Building or any part thereof or requires a floor of the Building to be cut through or in Landlord's judgment will adversely affect existing Building standard heating, cooling, mechanical, electrical or plumbing improvements in any part of the Building, (v) the design and/or color of the improvements which can been seen from the Common Areas do not conform to the design and/or color scheme generally found in other parts of the Building, (vi) the work required by the construction plans affects the exterior of the Premises or the Building, or (vii) the construction plans are incomplete or contain material errors or omissions (collectively, "Permitted Objections"). If the construction plans and specifications are not approved in writing by both Tenant and Landlord on or before September 15, 1998 on account of Permitted Objections, Landlord may, at its sole option, terminate the Lease and this Agreement, whereupon shall have no further liability or obligation thereunder or hereunder. If Landlord does not elect to so terminate, then each day after September 15, 1998, that the construction plans are not approved by Tenant shall constitute one (1) day of Tenant Delay. Tenant shall reimburse Landlord for the cost of Landlord's architectural review of the Space Plan and the Construction Plans within thirty (30) days of receipt of an invoice therefor.

Construction Plans. On or before fifteen ten (1510) days after approval of the ------------------ Space Plan Plan, the Design and Color Scheme and the Above Standard Product Specification List by Landlord and Tenant, a licensed architect reasonably acceptable to Landlord (which architect may be the approved Landlord’s space planner if the space planner is a licensed architect), at Tenant's expenseand engineer, will prepare construction plans and specifications (such construction plans and specificationsplans, when approved by Landlord and Tenantapproved, and all changes and amendments thereto agreed to by Landlord and Tenant in writing, are herein called the "“Construction Plans"”) for all of Tenant's improvements ’s Improvements requested pursuant to the Space Plan Plan, the Design and Color Scheme and the Above Standard Product Specification List (all improvements required by the Construction Plans are herein called "called, “Tenant's ’s Improvements"”), including color and design schemes, complete detail and finish drawings for partitions, doors, reflected ceiling, telephone outlets, electrical switches and outlets and Building standard Standard heating, ventilation and air conditioning equipment and controls. The cost of producing the Space Plans and Construction Plans shall not exceed $1.10 per usable square foot. Within five three (53) business days after construction plans and specifications Construction Plans are delivered to LandlordTenant, Landlord Tenant shall approve (which approval shall not be unreasonably withheld) or disapprove same in writing and and, if disapproved, Landlord Tenant shall provide Tenant's architect Landlord and Landlord’s space planner and engineer specific reasons for disapproval. After Tenant’s disapproval, Landlord shall within three (3) business days provide a revised Construction Plan. The foregoing process shall continue until the construction plans and specifications Construction Plans are approved by LandlordTenant; provided that if Landlord Tenant fails to respond in any five three (53) business day period, Landlord Tenant shall be deemed to have approved the last submitted construction plans. Landlord hereby agrees that Landlord shall not be entitled to disapprove construction plans except for the following reasons: (i) the construction plans do not conform to applicable laws, rules and regulations, (ii) the construction plans or specifications will not accommodate Building standard heating, cooling, mechanical, electrical or plumbing improvements, (iii) the construction plans or specifications do not conform to the Space Plan, (iv) the construction required by the construction plans could in Landlord's judgment affect the structural integrity or any structural member of the Building or any part thereof or requires a floor of the Building to be cut through or in Landlord's judgment will adversely affect existing Building standard heating, cooling, mechanical, electrical or plumbing improvements in any part of the Building, (v) the design and/or color of the improvements which can been seen from the Common Areas do not conform to the design and/or color scheme generally found in other parts of the Building, (vi) the work required by the construction plans affects the exterior of the Premises or the Building, or (vii) the construction plans are incomplete or contain material errors or omissions (collectively, "Permitted Objections"). If the construction plans and specifications are not approved in writing by both Tenant and Landlord on or before September 15, 1998 on account of Permitted Objections, Landlord may, at its sole option, terminate the Lease and this Agreement, whereupon shall have no further liability or obligation thereunder or hereunder. If Landlord does not elect to so terminate, then each Each day after September 15, 1998, thereafter that the construction plans Construction Plans are not approved by Tenant shall constitute one (1) day of Tenant Delay or Landlord Delay. Tenant shall reimburse Landlord for the cost of Landlord's architectural review of the Space Plan and the Construction Plans within thirty (30) days of receipt of an invoice therefor.

Construction Plans. On or before fifteen seven (157) business days after approval of both the ------------------ Space Plan Design and Color Scheme and the Above Standard Product Specification List by Landlord and Tenant, a licensed architect reasonably acceptable to Landlord (which architect may be the approved Landlord’s space planner if the space planner is a licensed architect), at Tenant's expense, and engineer will meet to prepare construction plans and specifications (such construction plans and specificationsplans, when approved by Landlord and Tenantapproved, and all changes and amendments thereto agreed to by Landlord and Tenant in writing, are herein called the "“Construction Plans"”) for all of Tenant's the improvements requested pursuant to the Expansion Premises (individually and collectively, the “Expansion Improvements”) described in the Space Plan (all improvements required by Plan, the Construction Plans are herein called "Tenant's Improvements")Design and Color Scheme and the Above Standard Product Specification List, including color and design schemes, complete detail and finish drawings for partitions, doors, reflected ceiling, telephone outlets, electrical switches and outlets and Building standard Standard heating, ventilation and air conditioning equipment and controls. Within five (5) business days after construction plans and specifications the Construction Plans are delivered to LandlordTenant, Landlord Tenant shall approve (which approval shall not be unreasonably withheld) or disapprove same in writing and and, if disapproved, Landlord Tenant shall provide Tenant's architect Landlord and Landlord’s space planner and engineer specific reasons for disapproval. If Tenant disapproves of any aspect of the Construction Plans, Landlord shall cause Landlord’s space planner and engineer to revise the applicable portions of the Construction Plans to address Tenants objections, and shall deliver such revised documentation to Tenant. The foregoing process shall continue until the construction plans and specifications Construction Plans are approved by LandlordTenant; provided that if Landlord Tenant fails to respond in any five (5) business day period, Landlord Tenant shall be deemed to have approved the last submitted construction plans. Landlord hereby agrees that Landlord shall not be entitled to disapprove construction plans except for the following reasons: (i) the construction plans do not conform to applicable laws, rules and regulations, (ii) the construction plans or specifications will not accommodate Building standard heating, cooling, mechanical, electrical or plumbing improvements, (iii) the construction plans or specifications do not conform to the Space Plan, (iv) the construction required by the construction plans could in Landlord's judgment affect the structural integrity or any structural member of the Building or any part thereof or requires a floor of the Building to be cut through or in Landlord's judgment will adversely affect existing Building standard heating, cooling, mechanical, electrical or plumbing improvements in any part of the Building, (v) the design and/or color of the improvements which can been seen from the Common Areas do not conform to the design and/or color scheme generally found in other parts of the Building, (vi) the work required by the construction plans affects the exterior of the Premises or the Building, or (vii) the construction plans are incomplete or contain material errors or omissions (collectively, "Permitted Objections"). If the construction plans and specifications are not approved in writing by both Tenant and Landlord on or before September 15, 1998 on account of Permitted Objections, Landlord may, at its sole option, terminate the Lease and this Agreement, whereupon shall have no further liability or obligation thereunder or hereunder. If Landlord does not elect to so terminate, then each Each day after September 15, 1998, thereafter that the construction plans Construction Plans are not approved by Tenant shall constitute one (1) day of Tenant Delay. Tenant The Expansion Improvements shall reimburse Landlord for the cost not include any of Landlord's architectural review of the Space Plan Tenant’s trade fixtures, equipment, furniture, furnishings, telephone and the Construction Plans within thirty (30) days of receipt of an invoice therefordate equipment or other personal property.

Construction Plans. On or before fifteen Within forty-five (1545) days after written approval (or deemed approval) of the ------------------ Space Plan by Landlord and Tenant, a licensed architect and MEP engineer selected by Tenant and reasonably acceptable to Landlord (which architect may be the approved space planner if the space planner is a licensed architect)Landlord, at Tenant's expense’s expense (subject to reimbursement through the Finish Allowance), will prepare construction plans and specifications (such construction plans and specificationsplans, when approved in writing (or deemed approved) by Landlord and Tenant, and all changes and amendments thereto agreed to by Landlord and Tenant in writing, are herein called the "“Construction Plans"”) for all of Tenant's ’s improvements requested pursuant to the Space Plan (all improvements required by the Construction Plans are herein called "“Tenant's ’s Improvements"”), including color and design schemes, complete detail and finish drawings for partitions, doors, reflected ceiling, telephone outlets, electrical switches and outlets and Building standard heating, ventilation and air conditioning equipment and controls. Within five (5) business days after construction plans and specifications are delivered to Landlord, Landlord shall approve (which approval shall not be unreasonably withheld) or disapprove same in writing and if disapproved, Landlord shall provide Tenant and Tenant's ’s architect specific reasons for disapproval. If Landlord disapproves of the submitted construction plans, Tenant shall cause Tenant’s architect to revise the construction plans to incorporate Landlord’s comments and re- submit the revised construction plans to Landlord within five (5) business days after Landlord’s notice of disapproval. Within three (3) business days after the revised construction plans are delivered to Landlord, Landlord shall approve (which approval shall not be unreasonably withheld) or disapprove same in writing and if disapproved, Landlord shall provide Tenant and Tenant’s architect specific reasons for disapproval. The foregoing process shall continue until the construction plans and specifications are approved by Landlord; provided that if Landlord fails to respond in any the five (5) or any three (3) business day period, as applicable, Landlord shall be deemed to have approved the last submitted construction plans. If the construction plans are not approved in writing (or deemed approved) by both Tenant and Landlord on or before May 1, 2010 for any reason whatsoever, then each day after May 1, 2010 that the construction plans are not approved (or deemed approved) by Landlord and Tenant shall constitute one (1) day of Tenant Delay. Landlord hereby agrees that Landlord shall not be entitled to disapprove construction plans except for the following reasons: (i) the construction plans do not conform to applicable laws, rules and regulations, (ii) the construction plans or specifications will not accommodate Building standard heating, cooling, mechanical, electrical or plumbing improvements, (iii) the construction plans or specifications do not conform to the Space Plan, or (iv) the construction required by the construction plans could in Landlord's judgment affect the structural integrity or any structural member of the Building or any part thereof or requires a floor of the Building to be cut through or in Landlord's judgment will adversely affect existing Building standard heating, cooling, mechanical, electrical or plumbing improvements in any part of the Building, (v) the design and/or color of the improvements which can been seen from the Common Areas do not conform to the design and/or color scheme generally found in other parts of the Building, (vi) the work required by the construction plans affects the exterior of the Premises Expansion Space or the Building, or (vii) the construction plans are incomplete or contain material errors or omissions (collectively, "Permitted Objections"). If the construction plans and specifications are not approved in writing by both Tenant and Landlord on or before September 15, 1998 on account of Permitted Objections, Landlord may, at its sole option, terminate the Lease and this Agreement, whereupon shall have no further liability or obligation thereunder or hereunder. If Landlord does not elect to so terminate, then each day after September 15, 1998, that the construction plans are not approved by Tenant shall constitute one (1) day of Tenant Delay. Tenant shall reimburse Landlord for the cost of Landlord's architectural review of the Space Plan and the Construction Plans within thirty (30) days of receipt of an invoice therefor.

Construction Plans. On or before fifteen Within sixty (1560) days after written approval (or deemed approval) of the ------------------ Space Plan by Landlord and Tenant, a licensed architect and MEP engineer selected by Tenant and reasonably acceptable to Landlord (which architect may be the approved space planner if the space planner is a licensed architect)Landlord, at Tenant's expense’s expense (subject to reimbursement through the Finish Allowance), will prepare construction plans and specifications (such construction plans and specificationsplans, when approved in writing (or deemed approved) by Landlord and Tenant, and all changes and amendments thereto agreed to by Landlord and Tenant in writing, are herein called the "“Construction Plans"”) for all of Tenant's ’s improvements requested pursuant to the Space Plan (all improvements required by the Construction Plans are herein called "“Tenant's ’s Improvements"”), including color and design schemes, complete detail and finish drawings for partitions, doors, reflected ceiling, telephone outlets, electrical switches and outlets and Building standard heating, ventilation and air conditioning equipment and controls. Within five (5) business days after construction plans and specifications are delivered to Landlord, Landlord shall approve (which approval shall not be unreasonably withheld) or disapprove same in writing and if disapproved, Landlord shall provide Tenant and Tenant's ’s architect specific reasons for disapproval. If Landlord disapproves of the submitted construction plans, Tenant shall cause Tenant’s architect to revise the construction plans to incorporate Landlord’s comments and re-submit the revised construction plans to Landlord within five (5) business days after Landlord’s notice of disapproval. Within three (3) business days after the revised construction plans are delivered to Landlord, Landlord shall approve (which approval shall not be unreasonably withheld) or disapprove same in writing and if disapproved, Landlord shall provide Tenant and Tenant’s architect specific reasons for disapproval. The foregoing process shall continue until the construction plans and specifications are approved by Landlord; provided that if Landlord fails to respond in any the five (5) or any three (3) business day period, as applicable, Landlord shall be deemed to have approved the last submitted construction plans. If the construction plans are not approved in writing (or deemed approved) by both Tenant and Landlord on or before April 30, 2012 for any reason whatsoever, then each day after April 30, 2012 that the construction plans are not approved (or deemed approved) by Landlord and Tenant shall constitute one (1) day of Tenant Delay. Landlord hereby agrees that Landlord shall not be entitled to disapprove construction plans except for the following reasons: (i) the construction plans do not conform to applicable laws, rules and regulations, (ii) the construction plans or specifications will not accommodate Building standard heating, cooling, mechanical, electrical or plumbing improvements, (iii) the construction plans or specifications do not conform to the Space Plan, or (iv) the construction required by the construction plans could in Landlord's judgment affect the structural integrity or any structural member of the Building or any part thereof or requires a floor of the Building to be cut through or in Landlord's judgment will adversely affect existing Building standard heating, cooling, mechanical, electrical or plumbing improvements in any part of the Building, (v) the design and/or color of the improvements which can been seen from the Common Areas do not conform to the design and/or color scheme generally found in other parts of the Building, (vi) the work required by the construction plans affects the exterior of the Premises Third Expansion Space or the Building, or (vii) the construction plans are incomplete or contain material errors or omissions (collectively, "Permitted Objections"). If the construction plans and specifications are not approved in writing by both Tenant and Landlord on or before September 15, 1998 on account of Permitted Objections, Landlord may, at its sole option, terminate the Lease and this Agreement, whereupon shall have no further liability or obligation thereunder or hereunder. If Landlord does not elect to so terminate, then each day after September 15, 1998, that the construction plans are not approved by Tenant shall constitute one (1) day of Tenant Delay. Tenant shall reimburse Landlord for the cost of Landlord's architectural review of the Space Plan and the Construction Plans within thirty (30) days of receipt of an invoice therefor.

Construction Plans. On or before fifteen Within forty-five (1545) days after written approval (or deemed approval) of the ------------------ Space Plan by Landlord and Tenant, a licensed architect and MEP engineer selected by Tenant and reasonably acceptable to Landlord (which architect may be the approved space planner if the space planner is a licensed architect)Landlord, at Tenant's expense’s expense (subject to reimbursement through the Finish Allowance), will prepare construction plans and specifications (such construction plans and specificationsplans, when approved in writing (or deemed approved) by Landlord and Tenant, and all changes and amendments thereto agreed to by Landlord and Tenant in writing, are herein called the "“Construction Plans"”) for all of Tenant's ’s improvements requested pursuant to the Space Plan (all improvements required by the Construction Plans are herein called "“Tenant's ’s Improvements"”), including color and design schemes, complete detail and finish drawings for partitions, doors, reflected ceiling, telephone outlets, electrical switches and outlets and Building standard heating, ventilation and air conditioning equipment and controls. Within five (5) business days after construction plans and specifications are delivered to Landlord, Landlord shall approve (which approval shall not be unreasonably withheld) or disapprove same in writing and if disapproved, Landlord shall provide Tenant and Tenant's ’s architect specific reasons for disapproval. If Landlord disapproves of the submitted construction plans, Tenant shall cause Tenant’s architect to revise the construction plans to incorporate Landlord’s comments and re-submit the revised construction plans to Landlord within five (5) business days after Landlord’s notice of disapproval. Within three (3) business days after the revised construction plans are delivered to Landlord, Landlord shall approve (which approval shall not be unreasonably withheld) or disapprove same in writing and if disapproved, Landlord shall provide Tenant and Tenant’s architect specific reasons for disapproval. The foregoing process shall continue until the construction plans and specifications are approved by Landlord; provided that if Landlord fails to respond in any the five (5) or any three (3) business day period, as applicable, Landlord shall be deemed to have approved the last submitted construction plans. If the construction plans are not approved in writing (or deemed approved) by both Tenant and Landlord on or before June 24, 2011 for any reason whatsoever, then each day after June 24, 2011 that the construction plans are not approved (or deemed approved) by Landlord and Tenant shall constitute one (1) day of Tenant Delay. Landlord hereby agrees that Landlord shall not be entitled to disapprove construction plans except for the following reasons: (i) the construction plans do not conform to applicable laws, rules and regulations, (ii) the construction plans or specifications will not accommodate Building standard heating, cooling, mechanical, electrical or plumbing improvements, (iii) the construction plans or specifications do not conform to the Space Plan, or (iv) the construction required by the construction plans could in Landlord's judgment affect the structural integrity or any structural member of the Building or any part thereof or requires a floor of the Building to be cut through or in Landlord's judgment will adversely affect existing Building standard heating, cooling, mechanical, electrical or plumbing improvements in any part of the Building, (v) the design and/or color of the improvements which can been seen from the Common Areas do not conform to the design and/or color scheme generally found in other parts of the Building, (vi) the work required by the construction plans affects the exterior of the Premises 260 Expansion Space or the Building, or (vii) the construction plans are incomplete or contain material errors or omissions (collectively, "Permitted Objections"). If the construction plans and specifications are not approved in writing by both Tenant and Landlord on or before September 15, 1998 on account of Permitted Objections, Landlord may, at its sole option, terminate the Lease and this Agreement, whereupon shall have no further liability or obligation thereunder or hereunder. If Landlord does not elect to so terminate, then each day after September 15, 1998, that the construction plans are not approved by Tenant shall constitute one (1) day of Tenant Delay. Tenant shall reimburse Landlord for the cost of Landlord's architectural review of the Space Plan and the Construction Plans within thirty (30) days of receipt of an invoice therefor.

Construction Plans. On or before fifteen (15) days after approval of After Landlord approves the ------------------ Proposed Space Plan by Landlord and Plan, Tenant will cause Tenant, a licensed architect reasonably acceptable ’s Architect to Landlord (which architect may be the approved space planner if the space planner is a licensed architect), at Tenant's expense, will prepare construction fully dimensioned one-quarter inch scale plans and specifications (such construction plans and specifications, when approved by Landlord and Tenant, and all changes and amendments thereto agreed to by Landlord and Tenant in writing, are herein called the "Construction Plans") for all form of Tenant's improvements requested pursuant to the Space Plan (all improvements required by the Construction Plans are herein called "Tenant's Improvements"), including color and design schemes, detail and finish working drawings for partitions, doors, reflected ceiling, telephone outlets, electrical switches and outlets and Building standard heating, ventilation and air conditioning equipment and controls. Within five (5) business days after construction plans and specifications are delivered to Landlord, Landlord shall approve or disapprove same in writing and if disapproved, Landlord shall provide Tenant's architect specific reasons for disapproval. The foregoing process shall continue until the construction plans and specifications are approved by Landlord; provided that if Landlord fails to respond in any five (5) business day period, Landlord shall be deemed to have approved the last submitted construction plans. Landlord hereby agrees that Landlord shall not be entitled to disapprove construction plans except for the following reasons: (i) the construction plans do not conform to applicable laws, rules are based on and regulations, (ii) the construction plans or specifications will not accommodate Building standard heating, cooling, mechanical, electrical or plumbing improvements, (iii) the construction plans or specifications do not conform to consistent with the Space Plan, (ii) are complete and show the full detailed scope of all work to be performed in the Premises, (iii) contain all information and supporting diagrams, schedules, and related data required for the construction of the work, (iv) the construction required by the construction plans could in Landlord's judgment affect the structural integrity or any structural member of the Building or any part thereof or requires a floor of the Building to be cut through or in Landlord's judgment will adversely affect existing Building standard heating, cooling, mechanical, electrical or plumbing improvements in any part of the Buildingcomply with Applicable Law, (v) the design and/or color include a fixture plan and show all partition locations, doors, freestanding workstations, built-ins, cabinets, reception desks, conference room tables, ceiling plans, carpets and floor coverings, plumbing locations, air conditioning distribution system and duct work locations (described in detail in subsection (c) below), lighting plans, telecommunication and computer cabling plans, security systems, finish schedules, location of the improvements which can been seen from the Common Areas do not conform electrical, telephone, and data outlets, and special use areas, if any, that might require modifications to the design and/or color scheme generally found in other parts of the BuildingProject, (vi) the work required by the construction plans affects the exterior include complete sets of the Premises or the Buildingdetailed architectural, or structural (if applicable), mechanical, electrical, and plumbing working drawings, and (vii) are in form and contain instructions and specifications sufficient to obtain a building permit (the construction plans are incomplete “Proposed Construction Plans”). Tenant will deliver the Proposed Construction Plans to Landlord within 15 days after the date that Landlord approves the Proposed Space Plan. Within 10 days after Landlord receives the Proposed Construction Plans, Landlord will notify Tenant whether it approves or contain material errors disapproves the Proposed Construction Plans (a “Construction Plan Notice”); and if Landlord disapproves, Landlord will provide Tenant with its reasons for disapproval and Tenant will cause Tenant’s Architect to revise and redeliver the Proposed Construction Plans to Landlord within 10 days after receipt of a Construction Plan Notice. Landlord will not charge any plan review fees or omissions approval fees other than the Monitoring Fee. This process will be repeated until Landlord approves the Proposed Construction Plans (collectivelyas approved, "Permitted Objections"and including changes modifications agreed to by the parties, referred to as the “Construction Plans”). If Tenant has not submitted Proposed Construction Plans that Landlord is willing to approve within 60 days after the construction plans and specifications are not approved in writing by both Tenant and Landlord on or before September 15, 1998 on account of Permitted ObjectionsEffective Date (the “Construction Plans Termination Date”), Landlord may, at its sole option, may terminate the Lease and this Agreement, whereupon shall have no further liability or obligation thereunder or hereunder. If Landlord does not elect to so terminate, then each day after September 15, 1998, that the construction plans are not approved by Tenant shall constitute one (1) day of Tenant Delay. Tenant shall reimburse Landlord for the cost of Landlord's architectural review of the Space Plan and the Construction Plans within thirty (30) days of receipt of an invoice thereforLease.

Construction Plans. On or before fifteen (15) days after approval of the ------------------ Space Plan by Landlord and Tenant, a licensed architect reasonably acceptable to Landlord (which architect may be the approved space planner if the space planner is a licensed architect), at Tenant's expense, will prepare construction plans and specifications (such construction plans and specifications, when approved by Landlord and Tenant, and all changes and amendments thereto agreed to by Landlord and Tenant in writing, are herein called the "Construction Plans") for all of Tenant's improvements requested pursuant to the Space Plan (all improvements required by the Construction Plans are herein called "Tenant's Improvements"), including color and design schemes, detail and finish drawings for partitions, doors, reflected ceiling, telephone outlets, electrical switches and outlets and Building standard heating, ventilation and air conditioning equipment and controls. Within five (5) business days after construction plans and specifications are delivered to Landlord, Landlord shall approve or disapprove same in writing and if disapproved, Landlord shall provide Tenant's architect specific reasons for disapproval. The foregoing process shall continue until the construction plans and specifications are approved by Landlord; provided that if Landlord fails to respond in any five (5) business day period, Landlord shall be deemed to have approved the last submitted construction plans. Landlord hereby agrees that Landlord shall not be entitled to disapprove construction plans except for the following reasons: (i) the construction plans do not conform to applicable laws, rules and regulations, (ii) the construction plans or specifications will not accommodate Building standard heating, cooling, mechanical, electrical or plumbing improvements, (iii) the construction plans or specifications do not conform to the Space Plan, (iv) the construction required by the construction plans could in Landlord's judgment affect the structural integrity or any structural member of the Building or any part thereof or requires a floor of the Building to be cut through or in Landlord's judgment will adversely affect existing Building standard heating, cooling, mechanical, electrical or plumbing improvements in any part of the Building, (v) the design and/or color of the improvements which can been seen from the Common Areas do not conform to the design and/or color scheme generally found in other parts of the Building, (vi) the work required by the construction plans affects the exterior of the First Floor Expansion Premises or the Building, or (vii) the construction plans are incomplete or contain material errors or omissions (collectively, "Permitted Objections"). If the construction plans and specifications are not approved in writing by both Tenant and Landlord on or before September 15, 1998 on account of Permitted Objections, Landlord may, at its sole option, terminate the Lease and this Agreement, whereupon shall have no further liability or obligation thereunder or hereunder. If Landlord does not elect to so terminate, then each day after September 15, 1998, that the construction plans are not approved by Tenant shall constitute one (1) day of Tenant Delay. Tenant shall reimburse Landlord for the cost of Landlord's architectural review of the Space Plan and the Construction Plans within thirty (30) days of receipt of an invoice therefor.

Construction Plans. On or before fifteen (15) days after Upon Landlord's approval of the ------------------ Space Plan by Landlord and Plan, Tenant, a licensed architect reasonably acceptable to Landlord (which architect may be the approved 's space planner if the space planner is a licensed architect)and engineer, at Tenant's expense, will prepare construction plans and specifications (such construction plans and specificationsplans, when approved by Landlord and Tenantapproved, and all changes and amendments thereto agreed to by Landlord and Tenant in writing, are herein called the "Construction Plans") for all of Tenant's improvements requested pursuant to the Space Plan (all improvements required by the Construction Plans are herein called "Tenant's Improvements"), including color and design schemes, complete detail and finish drawings for partitions, doors, reflected ceiling, telephone outlets, electrical switches and outlets and Building standard heating, ventilation and air conditioning equipment and controls. Tenant shall separately contract with BL&P Engineering or another third party reasonably approved by Landlord, for all mechanical, electrical and plumbing drawings and design to be incorporated in such construction plans. Within five three (53) business days after construction plans and specifications are delivered to Landlord, Landlord shall approve (which approval shall not be unreasonably withheld so long as the plans do not interfere with the Building's systems to provide service to any other Tenant in the Building and the materials utilized in connection with Tenant's Improvements shall be compatible with the design, architectural integrity and character of the Building) or disapprove same in writing and if disapproved, Landlord shall provide Tenant and Tenant's architect space planner and engineer specific reasons for disapproval. The extent to which Landlord shall be able to disprove items in the Construction Plan shall be limited to elements affecting load-bearing or corridor walls, Building systems (mechanical and electrical), items visible from the exterior of the Building and items visible from common or public areas with the BUILDING. The foregoing process shall continue until the construction plans and specifications are approved by Landlord; provided that if Landlord fails to respond in any five three (53) business day period, Landlord shall be deemed to have approved the last submitted construction plans. Landlord hereby agrees that Landlord shall not be entitled to disapprove construction plans except for the following reasons: (i) the construction plans do not conform to applicable laws, rules and regulations, (ii) the construction plans or specifications will not accommodate Building standard heating, cooling, mechanical, electrical or plumbing improvements, (iii) the construction plans or specifications do not conform to the Space Plan, (iv) the construction required by the construction plans could in Landlord's judgment affect the structural integrity or any structural member of the Building or any part thereof or requires a floor of the Building to be cut through or in Landlord's judgment will adversely affect existing Building standard heating, cooling, mechanical, electrical or plumbing improvements in any part of the Building, (v) the design and/or color of the improvements which can been seen from the Common Areas do not conform to the design and/or color scheme generally found in other parts of the Building, (vi) the work required by the construction plans affects the exterior of the Premises or the Building, or (vii) the construction plans are incomplete or contain material errors or omissions (collectively, "Permitted Objections"). If the construction plans and specifications are not approved in writing by both Tenant and Landlord on or before September 15, 1998 on account of Permitted Objections, Landlord may, at its sole option, terminate the Lease and this Agreement, whereupon shall have no further liability or obligation thereunder or hereunder. If Landlord does not elect to so terminate, then each day after September 15, 1998, that the construction plans are not approved by Tenant shall constitute one (1) day of Tenant Delay. Tenant shall reimburse Landlord for the cost of Landlord's architectural review of the Space Plan and the Construction Plans within thirty (30) days of receipt of an invoice therefor.

Construction Plans. On or before fifteen (15) days after approval of the ------------------ Space Plan by Landlord and Tenant, a licensed architect reasonably acceptable to Landlord (which architect may be the approved space planner if the space planner is a licensed architect), at Tenant's expense, will prepare construction plans and specifications (such construction plans and specifications, when approved by Landlord and Tenant, and all changes and amendments thereto agreed to by Landlord and Tenant in writing, are herein called the "Construction Plans") for all of Tenant's improvements requested pursuant to the Space Plan (all improvements required by the Construction Plans are herein called "Tenant's Improvements"), including color and design schemes, detail and finish drawings for partitions, doors, reflected ceiling, telephone outlets, electrical switches and outlets and Building standard heating, ventilation and air conditioning equipment and controls. Within five (5) business days after construction plans and specifications are delivered to Landlord, Landlord shall approve or disapprove same in writing and if disapproved, Landlord shall provide Tenant's architect specific reasons for disapproval. The foregoing process shall continue until the construction plans and specifications are approved by Landlord; provided that if Landlord fails to respond in any five (5) business day period, Landlord shall be deemed to have approved the last submitted construction plans. Landlord hereby agrees that Landlord shall not be entitled to disapprove construction plans except for the following reasons: (i) the construction plans do not conform to applicable laws, rules and regulations, (ii) the construction plans or specifications will not accommodate Building standard heating, cooling, mechanical, electrical or plumbing improvements, (iii) the construction plans or specifications do not conform to the Space Plan, (iv) the construction required by the construction plans could in Landlord's judgment affect the structural integrity or any structural member of the Building or any part thereof or requires a floor of the Building to be cut through or in Landlord's judgment will adversely affect existing Building standard heating, cooling, mechanical, electrical or plumbing improvements in any part of the Building, (v) the design and/or color of the improvements which can been seen from the Common Areas do not conform to the design and/or color scheme generally found in other parts of the Building, (vi) the work required by the construction plans affects the exterior of the Expansion Premises or the Building, or (vii) the construction plans are incomplete or contain material errors or omissions (collectively, "Permitted Objections"). If the construction plans and specifications are not approved in writing by both Tenant and Landlord on or before September 15, 1998 on account of Permitted Objections, Landlord may, at its sole option, terminate the Lease and this Agreement, whereupon shall have no further liability or obligation thereunder or hereunder. If Landlord does not elect to so terminate, then each day after September 15, 1998, that the construction plans are not approved by Tenant shall constitute one (1) day of Tenant Delay. Tenant shall reimburse Landlord for the cost of Landlord's architectural review of the Space Plan and the Construction Plans within thirty (30) days of receipt of an invoice therefor.

Construction Plans. On or before fifteen (15) days after approval of the ------------------ Space Plan by Landlord and Tenant, a licensed architect reasonably acceptable to Landlord (which architect may be the approved space planner if the space planner is a licensed architect), at Tenant's expense, will prepare construction plans and specifications (such construction plans and specifications, when approved by Landlord and Tenant, and all changes and amendments thereto agreed to by Landlord and Tenant in writing, are herein called the "Construction Plans") for all of Tenant's improvements requested pursuant to the Space Plan (all improvements required by the Construction Plans are herein called "Tenant's Improvements"), including color and design schemes, detail and finish drawings for partitions, doors, reflected ceiling, telephone outlets, electrical switches and outlets and Building standard heating, ventilation and air conditioning equipment and controls. Within five (5) business days after construction plans and specifications are delivered to Landlord, Landlord shall approve or disapprove same in writing and if disapproved, Landlord shall provide Tenant's architect specific reasons for disapproval. The foregoing process shall continue until the construction plans and specifications are approved by Landlord; provided that if Landlord fails to respond in any five (5) business day period, Landlord shall be deemed to have approved the last submitted construction plans. Landlord hereby agrees that Landlord shall not be entitled to disapprove construction plans except for the following reasons: (i) the construction plans do not conform to applicable laws, rules and regulations, (ii) the construction plans or specifications will not accommodate Building standard heating, cooling, mechanical, electrical or plumbing improvements, (iii) the construction plans or specifications do not conform to the Space Plan, (iv) the construction required by the construction plans could in Landlord's judgment affect the structural integrity or any structural member of the Building or any part thereof or requires a floor of the Building to be cut through or in Landlord's judgment will adversely affect existing Building standard heating, cooling, mechanical, electrical or plumbing improvements in any part of the Building, (v) the design and/or color of the improvements which can been seen from the Common Areas do not conform to the design and/or color scheme generally found in other parts of the Building, (vi) the work required by the construction plans affects the exterior of the Third Floor Right of First Refusal Premises or the Building, or (vii) the construction plans are incomplete or contain material errors or omissions (collectively, "Permitted Objections"). If the construction plans and specifications are not approved in writing by both Tenant and Landlord on or before September 15, 1998 on account of Permitted Objections, Landlord may, at its sole option, terminate the Lease and this Agreement, whereupon shall have no further liability or obligation thereunder or hereunder. If Landlord does not elect to so terminate, then each day after September 15, 1998, that the construction plans are not approved by Tenant shall constitute one (1) day of Tenant Delay. Tenant shall reimburse Landlord for the cost of Landlord's architectural review of the Space Plan and the Construction Plans within thirty (30) days of receipt of an invoice therefor.

Construction Plans. On or before fifteen Within forty-five (1545) days after written approval (or deemed approval) of the ------------------ Space Plan by Landlord and Tenant, a licensed architect and MEP engineer selected by Tenant and reasonably acceptable to Landlord (which architect may be the approved space planner if the space planner is a licensed architect)Landlord, at Tenant's expense’s expense (subject to reimbursement through the Finish Allowance), will prepare construction plans and specifications (such construction plans and specificationsplans, when approved in writing (or deemed approved) by Landlord and Tenant, and all changes and amendments thereto agreed to by Landlord and Tenant in writing, are herein called the "“Construction Plans"”) for all of Tenant's ’s improvements requested pursuant to the Space Plan (all improvements required by the Construction Plans are herein called "“Tenant's ’s Improvements"”), including color and design schemes, complete detail and finish drawings for partitions, doors, reflected ceiling, telephone outlets, electrical switches and outlets and Building standard heating, ventilation and air conditioning equipment and controls. Within five (5) business days after construction plans and specifications are delivered to Landlord, Landlord shall approve (which approval shall not be unreasonably withheld) or disapprove same in writing and if disapproved, Landlord shall provide Tenant and Tenant's ’s architect specific reasons for disapproval. If Landlord disapproves of the submitted construction plans, Tenant shall cause Tenant’s architect to revise the construction plans to incorporate Landlord’s comments and re-submit the revised construction plans to Landlord within five (5) business days after Landlord’s notice of disapproval. Within three (3) business days after the revised construction plans are delivered to Landlord, Landlord shall approve (which approval shall not be unreasonably withheld) or disapprove same in writing and if disapproved, Landlord shall provide Tenant and Tenant’s architect specific reasons for disapproval. The foregoing process shall continue until the construction plans and specifications are approved by Landlord; provided that if Landlord fails to respond in any the five (5) or any three (3) business day period, as applicable, Landlord shall be deemed to have approved the last submitted construction plans. If the construction plans are not approved in writing (or deemed approved) by both Tenant and Landlord on or before October 1, 2009 for any reason whatsoever, Landlord may, at its sole option, terminate the Lease and this Exhibit, whereupon Landlord shall have no further liability or obligation thereunder or hereunder. If Landlord does not elect to so terminate, then each day after October 1, 2009 that the construction plans are not approved (or deemed approved) by Landlord and Tenant shall constitute one (1) day of Tenant Delay. Landlord hereby agrees that Landlord shall not be entitled to disapprove construction plans except for the following reasons: (i) the construction plans do not conform to applicable laws, rules and regulations, (ii) the construction plans or specifications will not accommodate Building standard heating, cooling, mechanical, electrical or plumbing improvements, (iii) the construction plans or specifications do not conform to the Space Plan, or (iv) the construction required by the construction plans could in Landlord's judgment affect the structural integrity or any structural member of the Building or any part thereof or requires a floor of the Building to be cut through or in Landlord's judgment will adversely affect existing Building standard heating, cooling, mechanical, electrical or plumbing improvements in any part of the Building, (v) the design and/or color of the improvements which can been seen from the Common Areas do not conform to the design and/or color scheme generally found in other parts of the Building, (vi) the work required by the construction plans affects the exterior of the Premises or the Building, or (vii) the construction plans are incomplete or contain material errors or omissions (collectively, "Permitted Objections"). If the construction plans and specifications are not approved in writing by both Tenant and Landlord on or before September 15, 1998 on account of Permitted Objections, Landlord may, at its sole option, terminate the Lease and this Agreement, whereupon shall have no further liability or obligation thereunder or hereunder. If Landlord does not elect to so terminate, then each day after September 15, 1998, that the construction plans are not approved by Tenant shall constitute one (1) day of Tenant Delay. Tenant shall reimburse Landlord for the cost of Landlord's architectural review of the Space Plan and the Construction Plans within thirty (30) days of receipt of an invoice therefor.

Construction Plans. On or before fifteen Within four (154) days weeks after approval execution of the ------------------ Space Plan Lease, Tenant’s Architect, shall provide Landlord’s architect with sufficient information for Landlord’s architect to complete the Construction Plans, including Tenant's contemplated electrical loads, finishes, and 1001 3rd Avenue South - Select Comfort Corporation - NNN (2016 v1.1) other items necessary for Landlord’s Architect to complete the Construction Plans. Attached to this Exhibit E is the schedule of approval dates as prepared by Landlord Tenant’s Architect Landlord’s Architect and Tenant, a licensed architect reasonably acceptable to Landlord (which architect may be the approved space planner if the space planner is a licensed architect)Landlord’s engineer will, at Tenant's expense’s expense (after Tenant has approved such costs), will prepare construction plans and specifications (such construction plans and specifications, when approved by Landlord and Tenant, and all changes and amendments thereto agreed to by Landlord and Tenant in writing, are herein called the "Construction Plans") for all an initial set of Tenant's improvements requested pursuant to the Space Plan (all improvements required by the Construction Plans are herein called "Tenant's for the Initial Improvements"), including color and design schemes, complete detail and finish drawings for partitions, doors, reflected ceiling, telephone outlets, electrical switches and outlets and Building standard heating, ventilation and air conditioning equipment and controls. Prior to the time that the Construction Plans are completed, (at Schematic Design, with updates at Design Develop and 70% completion of the Construction Documents) Landlord will retain a price estimate contactor to provide pricing information for both Landlord and Tenant, regarding construction of the improvements to the Premises and Common Areas. The parties will select a mutually acceptable price estimate contractor to provide the pricing information. This price estimate contractor will also be allowed the right to submit a proposal in response to the RFP to select a construction contractor to construct the improvements to the Premises and the Common Area. . Within five ten (510) business days Working Days after construction plans and specifications Construction Plans are delivered to LandlordTenant, Landlord Tenant shall approve (which approval shall be not unreasonably withheld) or disapprove same the initial set of Construction Plans in writing and if disapproved, Landlord Tenant shall provide Tenant's architect Landlord and Landlord’s Architect and Landlord’s engineer with specific reasons for disapproval. The foregoing process shall continue be repeated until the construction plans and specifications Construction Plans are approved by Landlord; provided that if Landlord fails to respond in any five (5) business day period, Landlord shall be deemed to have approved the last submitted construction plans. Landlord hereby agrees that Landlord shall not be entitled to disapprove construction plans except for the following reasons: (i) the construction plans do not conform to applicable laws, rules and regulations, (ii) the construction plans or specifications will not accommodate Building standard heating, cooling, mechanical, electrical or plumbing improvements, (iii) the construction plans or specifications do not conform to the Space Plan, (iv) the construction required by the construction plans could in Landlord's judgment affect the structural integrity or any structural member of the Building or any part thereof or requires a floor of the Building to be cut through or in Landlord's judgment will adversely affect existing Building standard heating, cooling, mechanical, electrical or plumbing improvements in any part of the Building, (v) the design and/or color of the improvements which can been seen from the Common Areas do not conform to the design and/or color scheme generally found in other parts of the Building, (vi) the work required by the construction plans affects the exterior of the Premises or the Building, or (vii) the construction plans are incomplete or contain material errors or omissions (collectively, "Permitted Objections")Tenant. If the construction plans and specifications Construction Plans are not approved in writing by both Tenant and Landlord on or before September 15a date mutually agreed to by the parties, 1998 on account because of Permitted Objections, Landlord may, at its sole option, terminate the Lease and this Agreement, whereupon shall have no further liability or obligation thereunder or hereunder. If Landlord does not elect to so terminatea delay caused by Tenant, then each day after September 15, 1998, that date until the construction plans Constructions Plans are not approved by Tenant shall constitute one (1) day of Tenant Delay. Tenant shall reimburse Notwithstanding the foregoing, any delay caused by Landlord in not approving Tenant’s modifications beyond the mutually agreed to date will constitute one (1) day of Landlord Delay delaying the Rent Commencement Date for the cost each day of Landlord's architectural review of the Space Plan and Landlord Delays. Landlord agrees that any changes to the Construction Plans within thirty (30) days Plans, or changes to the specified materials require Tenant’s prior written approval before commencement of receipt of an invoice thereforwork. Landlord will be responsible for latent defects to the building system.