Common use of Construction Plans Clause in Contracts

Construction Plans. On or before ten (10) days after approval of the Space Plan, the Design and Color Scheme and the Above Standard Product Specification List by Landlord and Tenant, Landlord’s space planner and engineer, will prepare construction plans (such construction plans, when approved, 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, the Design and Color Scheme and the Above Standard Product Specification List (all improvements required by the Construction Plans are herein called, “Tenant’s Improvements”), including 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. The cost of producing the Space Plans and Construction Plans shall not exceed $1.10 per usable square foot. Within three (3) business days after Construction Plans are delivered to Tenant, Tenant shall approve (which approval shall not be unreasonably withheld) or disapprove same in writing and, if disapproved, Tenant shall provide 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 are approved by Tenant; provided that if Tenant fails to respond in any three (3) business day period, Tenant shall be deemed to have approved the last submitted construction plans. Each day thereafter that the Construction Plans are not approved by Tenant shall constitute one (1) day of Tenant Delay or Landlord Delay.

Construction Plans. On or before ten seven (107) business days after approval of the Space Plan, both the Design and Color Scheme and the Above Standard Product Specification List by Landlord and Tenant, Landlord’s space planner and engineer, engineer will meet to prepare construction plans (such construction plans, when approved, 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 the improvements to the Expansion Premises (individually and collectively, the “Expansion Improvements”) described in the Space Plan, the Design and Color Scheme and the Above Standard Product Specification List (all improvements required by the Construction Plans are herein called, “Tenant’s Improvements”)List, including 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. The cost of producing the Space Plans and Construction Plans shall not exceed $1.10 per usable square foot. Within three five (35) business days after the Construction Plans are delivered to Tenant, Tenant shall approve (which approval shall not be unreasonably withheld) or disapprove same in writing and, if disapproved, Tenant shall provide Landlord and Landlord’s space planner and engineer specific reasons for disapproval. After Tenant’s disapprovalIf Tenant disapproves of any aspect of the Construction Plans, Landlord shall within three (3) business days provide a 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 Construction Plandocumentation to Tenant. The foregoing process shall continue until the Construction Plans are approved by Tenant; provided that if Tenant fails to respond in any three five (35) business day period, Tenant shall be deemed to have approved the last submitted construction plans. Each day thereafter that the Construction Plans are not approved by Tenant shall constitute one (1) day of Tenant Delay Delay. The Expansion Improvements shall not include any of Tenant’s trade fixtures, equipment, furniture, furnishings, telephone and date equipment or Landlord Delayother personal property.

Construction Plans. On or before ten (10) days after approval of the Space Plan, the Design and Color Scheme and the Above Standard Product Specification List by Landlord and Tenant, Landlord’s space planner and engineer, , will prepare construction plans (such construction plans, when approved, 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, the Design and Color Scheme and the Above Standard Product Specification List (all improvements required by the Construction Plans are herein called, [****] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. “Tenant’s Improvements”), including 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. The cost of producing the Space Plans and Construction Plans shall not exceed $1.10 per usable square foot. Within three (3) business days after Construction Plans are delivered to Tenant, Tenant shall approve (which approval shall not be unreasonably withheld) or disapprove same in writing and, if disapproved, Tenant shall provide 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 are approved by Tenant; provided that if Tenant fails to respond in any three (3) business day period, Tenant shall be deemed to have approved the last submitted construction plans. Each day thereafter that the Construction Plans are not approved by Tenant shall constitute one (1) day of Tenant Delay or Landlord Delay.

Construction Plans. On or before ten fifteen (1015) days after approval of the ------------------ Space Plan, the Design and Color Scheme and the Above Standard Product Specification List Plan by Landlord and Tenant, Landlord’s a licensed architect reasonably acceptable to Landlord (which architect may be the approved space planner and engineerif the space planner is a licensed architect), at Tenant's expense, will prepare construction plans and specifications (such construction plansplans and specifications, when approvedapproved 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 's improvements requested pursuant to the Space Plan, the Design and Color Scheme and the Above Standard Product Specification List Plan (all improvements required by the Construction Plans are herein called, “called "Tenant’s 's Improvements”"), including complete color and design schemes, 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 three five (35) business days after Construction Plans construction plans and specifications are delivered to TenantLandlord, Tenant Landlord shall approve (which approval shall not be unreasonably withheld) or disapprove same in writing and, and if disapproved, Tenant Landlord shall provide Landlord and Landlord’s space planner and engineer Tenant's architect 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 construction plans and specifications are approved by TenantLandlord; provided that if Tenant Landlord fails to respond in any three five (35) business day period, Tenant Landlord shall be deemed to have approved the last submitted construction plans. Each 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 thereafter after September 15, 1998, that the Construction Plans construction plans are not approved by Tenant shall constitute one (1) day of Tenant Delay or Delay. Tenant shall reimburse Landlord Delayfor 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 ten Within four (104) days weeks after approval execution of the Space PlanLease, the Design and Color Scheme and the Above Standard Product Specification List by Landlord and Tenant’s Architect, shall provide Landlord’s space planner and engineerarchitect with sufficient information for Landlord’s architect to complete the Construction Plans, will prepare construction plans (such construction plansincluding Tenant's contemplated electrical loads, when approvedfinishes, and all changes and amendments thereto agreed 1001 3rd Avenue South - Select Comfort Corporation - NNN (2016 v1.1) other items necessary for Landlord’s Architect to by Landlord and Tenant in writing, are herein called complete the “Construction Plans”) for all . Attached to this Exhibit E is the schedule of approval dates as prepared by Tenant’s Improvements requested pursuant to the Space PlanArchitect Landlord’s Architect and Landlord’s engineer will, the Design and Color Scheme and the Above Standard Product Specification List at Tenant’s expense (all improvements required by the after Tenant has approved such costs), prepare an initial set of Construction Plans are herein called, “Tenant’s for the Initial Improvements”), including 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 Prior to the Space Plans and time that the Construction Plans shall not exceed $1.10 per usable square footare 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 three ten (310) business days Working Days after Construction Plans are delivered to Tenant, Tenant shall approve (which approval shall be not be unreasonably withheld) or disapprove same the initial set of Construction Plans in writing and, and if disapproved, Tenant shall provide Landlord and Landlord’s space planner Architect and Landlord’s engineer with 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 be repeated until the Construction Plans are approved by Tenant; provided that if Tenant fails to respond in any three (3) business day period, Tenant shall be deemed to have approved the last submitted construction plans. Each day thereafter that If the Construction Plans are not approved in writing by both Tenant and Landlord on or before a date mutually agreed to by the parties, because of a delay caused by Tenant, then each day after that date until the Constructions Plans are approved by Tenant shall constitute one (1) day of Tenant Delay. 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 each day of Landlord Delays. Landlord agrees that any changes to the Construction Plans, or changes to the specified materials require Tenant’s prior written approval before commencement of work. Landlord Delaywill be responsible for latent defects to the building system.

Construction Plans. On or before ten fifteen (1015) days after approval of the ------------------ Space Plan, the Design and Color Scheme and the Above Standard Product Specification List Plan by Landlord and Tenant, Landlord’s a licensed architect reasonably acceptable to Landlord (which architect may be the approved space planner and engineerif the space planner is a licensed architect), at Tenant's expense, will prepare construction plans and specifications (such construction plansplans and specifications, when approvedapproved 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 's improvements requested pursuant to the Space Plan, the Design and Color Scheme and the Above Standard Product Specification List Plan (all improvements required by the Construction Plans are herein called, “called "Tenant’s 's Improvements”"), including complete color and design schemes, 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 three five (35) business days after Construction Plans construction plans and specifications are delivered to TenantLandlord, Tenant Landlord shall approve (which approval shall not be unreasonably withheld) or disapprove same in writing and, and if disapproved, Tenant Landlord shall provide Landlord and Landlord’s space planner and engineer Tenant's architect 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 construction plans and specifications are approved by TenantLandlord; provided that if Tenant Landlord fails to respond in any three five (35) business day period, Tenant Landlord shall be deemed to have approved the last submitted construction plans. Each day thereafter 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"). Tenant shall reimburse Landlord for the cost of Landlord's architectural review of the Space Plan and the Construction Plans are not approved by Tenant shall constitute one within thirty (130) day days of Tenant Delay or Landlord Delayreceipt of an invoice therefor.

Construction Plans. On or before ten Within forty-five (1045) days after written approval (or deemed approval) of the Space Plan, the Design and Color Scheme and the Above Standard Product Specification List Plan by Landlord and Tenant, a licensed architect and MEP engineer selected by Tenant and reasonably acceptable to Landlord, at Tenant’s space planner and engineerexpense (subject to reimbursement through the Finish Allowance), will prepare construction plans (such construction plans, 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 Improvements improvements requested pursuant to the Space Plan, the Design and Color Scheme and the Above Standard Product Specification List Plan (all improvements required by the Construction Plans are herein called, called “Tenant’s Improvements”), including 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 three five (35) business days after Construction Plans construction plans are delivered to TenantLandlord, Tenant Landlord shall approve (which approval shall not be unreasonably withheld) or disapprove same in writing and, and if disapproved, Tenant Landlord shall provide Landlord Tenant and LandlordTenant’s space planner and engineer architect specific reasons for disapproval. After 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, Landlord shall within . 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 a revised Construction PlanTenant and Tenant’s architect specific reasons for disapproval. The foregoing process shall continue until the Construction Plans construction plans are approved by TenantLandlord; provided that if Tenant Landlord fails to respond in the five (5) or any three (3) business day period, Tenant as applicable, Landlord shall be deemed to have approved the last submitted construction plans. Each day thereafter that If the Construction Plans 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 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 Landlord Delayspecifications 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 work required by the construction plans affects the exterior of the 260 Expansion Space or the Building.

Construction Plans. On or before ten After Landlord approves the Proposed Space Plan, Tenant will cause Tenant’s Architect to prepare fully dimensioned one-quarter inch scale plans and specifications in the form of working drawings that (10i) days after approval of are based on and consistent with the Space Plan, (ii) are complete and show the Design full detailed scope of all work to be performed in the Premises, (iii) contain all information and Color Scheme supporting diagrams, schedules, and related data required for the Above Standard Product Specification List by Landlord construction of the work, (iv) comply with Applicable Law, (v) include a fixture plan and Tenantshow all partition locations, Landlord’s space planner and engineerdoors, will prepare construction plans (such construction freestanding workstations, built-ins, cabinets, reception desks, conference room tables, ceiling plans, when 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 electrical, telephone, and data outlets, and special use areas, if any, that might require modifications to the Project, (vi) include complete sets of detailed architectural, 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 “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 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 approval fees other than the Monitoring Fee. This process will be repeated until Landlord approves the Proposed Construction Plans (as approved, and all including changes and amendments thereto modifications agreed to by Landlord and Tenant in writingthe parties, are herein called referred to as the “Construction Plans”) for all of Tenant’s Improvements requested pursuant to the Space Plan, the Design and Color Scheme and the Above Standard Product Specification List (all improvements required by the ). If Tenant has not submitted Proposed Construction Plans are herein called, that Landlord is willing to approve within 60 days after the Effective Date (the “Tenant’s ImprovementsConstruction Plans Termination Date”), including 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. The cost of producing the Space Plans and Construction Plans shall not exceed $1.10 per usable square foot. Within three (3) business days after Construction Plans are delivered to Tenant, Tenant shall approve (which approval shall not be unreasonably withheld) or disapprove same in writing and, if disapproved, Tenant shall provide 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 are approved by Tenant; provided that if Tenant fails to respond in any three (3) business day period, Tenant shall be deemed to have approved the last submitted construction plans. Each day thereafter that the Construction Plans are not approved by Tenant shall constitute one (1) day of Tenant Delay or Landlord Delaymay terminate this Lease.

Construction Plans. On or before ten fifteen (1015) days after approval of the ------------------ Space Plan, the Design and Color Scheme and the Above Standard Product Specification List Plan by Landlord and Tenant, Landlord’s a licensed architect reasonably acceptable to Landlord (which architect may be the approved space planner and engineerif the space planner is a licensed architect), at Tenant's expense, will prepare construction plans and specifications (such construction plansplans and specifications, when approvedapproved 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 's improvements requested pursuant to the Space Plan, the Design and Color Scheme and the Above Standard Product Specification List Plan (all improvements required by the Construction Plans are herein called, “called "Tenant’s 's Improvements”"), including complete color and design schemes, 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 three five (35) business days after Construction Plans construction plans and specifications are delivered to TenantLandlord, Tenant Landlord shall approve (which approval shall not be unreasonably withheld) or disapprove same in writing and, and if disapproved, Tenant Landlord shall provide Landlord and Landlord’s space planner and engineer Tenant's architect 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 construction plans and specifications are approved by TenantLandlord; provided that if Tenant Landlord fails to respond in any three five (35) business day period, Tenant Landlord shall be deemed to have approved the last submitted construction plans. Each day thereafter 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"). Tenant shall reimburse Landlord for the cost of Landlord's architectural review of the Space Plan and the Construction Plans are not approved by Tenant shall constitute one within thirty (130) day days of Tenant Delay or Landlord Delayreceipt of an invoice therefor.

Construction Plans. On or before ten Within forty-five (1045) days after written approval (or deemed approval) of the Space Plan, the Design and Color Scheme and the Above Standard Product Specification List Plan by Landlord and Tenant, a licensed architect and MEP engineer selected by Tenant and reasonably acceptable to Landlord, at Tenant’s space planner and engineerexpense (subject to reimbursement through the Finish Allowance), will prepare construction plans (such construction plans, 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 Improvements improvements requested pursuant to the Space Plan, the Design and Color Scheme and the Above Standard Product Specification List Plan (all improvements required by the Construction Plans are herein called, called “Tenant’s Improvements”), including 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 three five (35) business days after Construction Plans construction plans are delivered to TenantLandlord, Tenant Landlord shall approve (which approval shall not be unreasonably withheld) or disapprove same in writing and, and if disapproved, Tenant Landlord shall provide Landlord Tenant and LandlordTenant’s space planner and engineer architect specific reasons for disapproval. After 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, Landlord shall within . 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 a revised Construction PlanTenant and Tenant’s architect specific reasons for disapproval. The foregoing process shall continue until the Construction Plans construction plans are approved by TenantLandlord; provided that if Tenant Landlord fails to respond in the five (5) or any three (3) business day period, Tenant as applicable, Landlord shall be deemed to have approved the last submitted construction plans. Each day thereafter that If the Construction Plans 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 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 Landlord Delayspecifications 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 work required by the construction plans affects the exterior of the Premises or the Building.

Construction Plans. On or before ten Within forty-five (1045) days after written approval (or deemed approval) of the Space Plan, the Design and Color Scheme and the Above Standard Product Specification List Plan by Landlord and Tenant, a licensed architect and MEP engineer selected by Tenant and reasonably acceptable to Landlord, at Tenant’s space planner and engineerexpense (subject to reimbursement through the Finish Allowance), will prepare construction plans (such construction plans, 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 Improvements improvements requested pursuant to the Space Plan, the Design and Color Scheme and the Above Standard Product Specification List Plan (all improvements required by the Construction Plans are herein called, called “Tenant’s Improvements”), including 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 three five (35) business days after Construction Plans construction plans are delivered to TenantLandlord, Tenant Landlord shall approve (which approval shall not be unreasonably withheld) or disapprove same in writing and, and if disapproved, Tenant Landlord shall provide Landlord Tenant and LandlordTenant’s space planner and engineer architect specific reasons for disapproval. After 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, Landlord shall within . 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 a revised Construction PlanTenant and Tenant’s architect specific reasons for disapproval. The foregoing process shall continue until the Construction Plans construction plans are approved by TenantLandlord; provided that if Tenant Landlord fails to respond in the five (5) or any three (3) business day period, Tenant as applicable, Landlord shall be deemed to have approved the last submitted construction plans. Each day thereafter that If the Construction Plans 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 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 Landlord Delayspecifications 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 work required by the construction plans affects the exterior of the Expansion Space or the Building.

Construction Plans. On or before ten (10) days after Upon Landlord's approval of the Space Plan, the Design and Color Scheme and the Above Standard Product Specification List by Landlord and Tenant, Landlord’s 's space planner and engineer, at Tenant's expense, will prepare construction plans (such construction plans, when approved, 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, the Design and Color Scheme and the Above Standard Product Specification List Plan (all improvements required by the Construction Plans are herein called, “called "Tenant’s 's Improvements”"), including 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 Tenant shall separately contract with BL&P Engineering or another third party reasonably approved by Landlord, for all mechanical, electrical and Construction Plans shall not exceed $1.10 per usable square footplumbing drawings and design to be incorporated in such construction plans. Within three (3) business days after Construction Plans construction plans are delivered to TenantLandlord, Tenant Landlord shall approve (which approval shall not be unreasonably withheldwithheld 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, and if disapproved, Tenant Landlord shall provide Landlord Tenant and Landlord’s Tenant's space planner and engineer specific reasons for disapproval. After Tenant’s disapproval, The extent to which Landlord shall within three be able to disprove items in the Construction Plan shall be limited to elements affecting load-bearing or corridor walls, Building systems (3) business days provide a revised Construction Planmechanical 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 construction plans are approved by TenantLandlord; provided that if Tenant Landlord fails to respond in any three (3) business day period, Tenant Landlord shall be deemed to have approved the last submitted construction plans. Each day thereafter that the Construction Plans are not approved by Tenant shall constitute one (1) day of Tenant Delay or Landlord Delay.

Construction Plans. On or before ten fifteen (1015) days after approval of the ------------------ Space Plan, the Design and Color Scheme and the Above Standard Product Specification List Plan by Landlord and Tenant, Landlord’s a licensed architect reasonably acceptable to Landlord (which architect may be the approved space planner and engineerif the space planner is a licensed architect), at Tenant's expense, will prepare construction plans and specifications (such construction plansplans and specifications, when approvedapproved 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 's improvements requested pursuant to the Space Plan, the Design and Color Scheme and the Above Standard Product Specification List Plan (all improvements required by the Construction Plans are herein called, “called "Tenant’s 's Improvements”"), including complete color and design schemes, 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 three five (35) business days after Construction Plans construction plans and specifications are delivered to TenantLandlord, Tenant Landlord shall approve (which approval shall not be unreasonably withheld) or disapprove same in writing and, and if disapproved, Tenant Landlord shall provide Landlord and Landlord’s space planner and engineer Tenant's architect 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 construction plans and specifications are approved by TenantLandlord; provided that if Tenant Landlord fails to respond in any three five (35) business day period, Tenant Landlord shall be deemed to have approved the last submitted construction plans. Each day thereafter 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"). Tenant shall reimburse Landlord for the cost of Landlord's architectural review of the Space Plan and the Construction Plans are not approved by Tenant shall constitute one within thirty (130) day days of Tenant Delay or Landlord Delayreceipt of an invoice therefor.