Common use of Construction Plans Clause in Contracts

Construction Plans. Tenant shall cause to be prepared the Construction Plans for the Tenant Improvements that are consistent with and are logical evolutions of the Space Plan and the building standards. The Construction Plans shall be delivered to Landlord for approval, which approval shall not be unreasonably withheld, conditioned or delayed. Landlord shall respond to the Construction Plans within ten (10) business days of its receipt thereof. Within a reasonable period of time after receipt of Landlord's response (not to exceed thirty (30) days), Tenant shall respond to any objections of Landlord to the Construction Plans and shall resubmit appropriately revised Construction Plans prepared by Tenant's Architect, and such resubmitted Construction Plans shall clearly indicate which portions of the Construction Plans are revised and which portions of the Construction Plans remain unchanged from the previously submitted Construction Plans. This process shall be repeated until the Construction Plans have been completed by Tenant and approved in writing by Landlord. (The Construction Plans for all of the improvements to be constructed in the Premises, as approved in writing by Landlord, as revised by Tenant from time to time with Landlord's written approval in accordance with the following provisions of this Section 3.1, are hereinafter called the "Final Plans"). Tenant shall cause Tenant's Contractor to (A) obtain Landlord's prior written approval (which Landlord shall not unreasonably withhold or delay) of all subcontractors to be utilized in the performance of any construction work affecting the Building's life safety, mechanical or electrical systems, (B) obtain all necessary governmental permits and approvals in connection with the Tenant Improvements (including demolition, if applicable) shown on the Final Plans (and Landlord shall have no responsibility whatsoever in connection with obtaining the same), (C) furnish to Landlord, prior to the commencement of any construction in the Premises, certificates evidencing comprehensive public liability insurance with limits per occurrence of not less than Two Million Dollars ($2,000,000.00) and property damage insurance with limits per occurrence of not less than One Million Dollars ($1,000,000.00), covering Tenant's Contractor's and subcontractors' operations in the Premises and the Building (including any liability arising out of work involving Hazardous Materials) and builders' risk insurance providing coverage in an amount equal to the full value of the Tenant Improvements upon completion thereof, and with respect to all such insurance naming Landlord as an additional insured, and upon Landlord's request also naming any or all of the mortgagees as additional insureds, (D) perform the construction work in a good and workmanlike manner using materials of a quality that is at least equal to the quality designated by Landlord as the minimum standard for the Building, and (E) perform the construction work in accordance with applicable Laws and in such manner as to minimize disturbance of other tenants and occupants of the Building and, with respect to any work the sound levels or other effects of which would unreasonably disturb other tenants or occupants of the Building, perform such work during other than normal business hours. Landlord shall have no responsibility for furnishing any security services in or about the Building or the Premises to safeguard Tenant's construction of the Tenant Improvements or materials in connection therewith, and Tenant shall have full responsibility for any loss or damage thereof; provided that any security actions taken by Tenant, its agents or contractors, with respect to such Tenant Improvements or materials shall be consistent with and shall not interfere in any respect with any reasonable security requirements established by Landlord for the Building.

Construction Plans. Tenant (a) Generally. Before commencing construction of the Minimum Improvements or any portion thereof, Developer shall cause submit to be prepared the EDA Construction Plans for such Phase or portion thereof. The City’s chief building official, City Assessor and the Tenant Improvements that are consistent with and are logical evolutions Executive Director of the Space Plan EDA will review and approve all Construction Plans on behalf of the building standardsEDA, and for the purposes of this Section the term “EDA” means those named officials. The Construction Plans shall provide for the construction of the Minimum Improvements (or relevant portion thereof) and shall be delivered in conformity with this Agreement and all applicable State and local laws and regulations. The EDA will approve the Construction Plans in writing or by issuance of a permit if: (i) the Construction Plans conform to Landlord all terms and conditions of this Agreement, (ii) the Construction Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations, including without limitation the Housing Assistance Policy; (iii) the Construction Plans are adequate to provide for approvalconstruction of the subject Phase or relevant portion thereof); and (iv) there is no uncured Event of Default. No approval by the EDA shall relieve the Developer of the obligation to comply with the terms of this Agreement, which applicable federal, state and local laws, ordinances, rules and regulations, or to construct the Minimum Improvements in accordance therewith. No approval by the EDA shall constitute a waiver of an Event of Default, or waiver of any State or City building or other code requirements that may apply. As soon as feasible, but not later than 20 days after receipt of complete Construction Plans and permit applications for the subject Phase, the EDA will either approve the Construction Plans in writing or deliver to Developer an initial review letter describing any comments or changes requested by EDA staff; provided, however that if the EDA staff provide neither a review letter describing any comments or requested changes nor written approval of the Construction Plans within such 20 day period, the applicable Construction Plans will be deemed approved by the EDA. If the EDA provides comments or changes to the Construction Plans for a Phase, then, thereafter, the parties shall negotiate in good faith regarding final approval of such Construction Plans. The EDA’s approval shall not be unreasonably withheld, conditioned or delayed. Landlord Said approval shall respond to constitute a conclusive determination that the Construction Plans within ten (10and the subject Phase to be constructed in accordance with said plans) business days of its receipt thereof. Within a reasonable period of time after receipt of Landlord's response (not to exceed thirty (30) days), Tenant shall respond to any objections of Landlord comply to the Construction Plans EDA’s satisfaction with the provisions of this Agreement relating thereto but any approvals by the EDA hereunder will not constitute approval by any City officials regarding any City requirement related to construction of the Minimum Improvements. Developer hereby waives any and shall resubmit appropriately revised Construction Plans prepared by Tenant's Architect, all claims and such resubmitted Construction Plans shall clearly indicate which portions causes of action whatsoever resulting from the review of the Construction Plans are revised and which portions by the EDA and/or any changes requested by the EDA in connection with approving the Construction Plans, except for any failure by EDA to perform its obligations under this Section. Neither the EDA, the City, nor any employee or official of the EDA or City shall be responsible in any manner whatsoever for any defect in the Construction Plans remain unchanged from or in any work done pursuant to the previously submitted Construction Plans. This process shall be repeated until , including changes requested by the Construction Plans have been completed by Tenant and approved in writing by Landlord. (The Construction Plans for all of the improvements to be constructed in the Premises, as approved in writing by Landlord, as revised by Tenant from time to time with Landlord's written approval in accordance with the following provisions of this Section 3.1, are hereinafter called the "Final Plans"). Tenant shall cause Tenant's Contractor to (A) obtain Landlord's prior written approval (which Landlord shall not unreasonably withhold or delay) of all subcontractors to be utilized in the performance of any construction work affecting the Building's life safety, mechanical or electrical systems, (B) obtain all necessary governmental permits and approvals in connection with the Tenant Improvements (including demolition, if applicable) shown on the Final Plans (and Landlord shall have no responsibility whatsoever in connection with obtaining the same), (C) furnish to Landlord, prior to the commencement of any construction in the Premises, certificates evidencing comprehensive public liability insurance with limits per occurrence of not less than Two Million Dollars ($2,000,000.00) and property damage insurance with limits per occurrence of not less than One Million Dollars ($1,000,000.00), covering Tenant's Contractor's and subcontractors' operations in the Premises and the Building (including any liability arising out of work involving Hazardous Materials) and builders' risk insurance providing coverage in an amount equal to the full value of the Tenant Improvements upon completion thereof, and with respect to all such insurance naming Landlord as an additional insured, and upon Landlord's request also naming any or all of the mortgagees as additional insureds, (D) perform the construction work in a good and workmanlike manner using materials of a quality that is at least equal to the quality designated by Landlord as the minimum standard for the Building, and (E) perform the construction work in accordance with applicable Laws and in such manner as to minimize disturbance of other tenants and occupants of the Building and, with respect to any work the sound levels or other effects of which would unreasonably disturb other tenants or occupants of the Building, perform such work during other than normal business hours. Landlord shall have no responsibility for furnishing any security services in or about the Building or the Premises to safeguard Tenant's construction of the Tenant Improvements or materials in connection therewith, and Tenant shall have full responsibility for any loss or damage thereof; provided that any security actions taken by Tenant, its agents or contractors, with respect to such Tenant Improvements or materials shall be consistent with and shall not interfere in any respect with any reasonable security requirements established by Landlord for the BuildingEDA.

Construction Plans. Tenant (a) The parties agree and understand that the Minimum Improvements will be constructed under a so-called "design-build" strategy. Before commencement of construction of each component the Minimum Improvements for which a municipal permit is issued, the Developer shall cause submit to be prepared the Authority Construction Plans for the Tenant Improvements that are consistent with and are logical evolutions of the Space Plan and the building standardssuch component. The Construction Plans shall provide for the construction of the relevant component of the Minimum Improvements and shall be delivered in substantial conformity with the Redevelopment Plan, this Agreement, and all applicable State and local laws and regulations. The Authority will approve the Construction Plans in writing if; (i) the Construction Plans conform to Landlord the terms and conditions of this Agreement; (ii) the Construction Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations; (iii) the Construction Plans are adequate to provide for construction of the Minimum Improvements; and (iv) no Event of Default has occurred. No approval by the Authority shall relieve the Developer of the obligation to comply with the terms of this Agreement or of the Redevelopment Plan, applicable federal, state and local laws, ordinances, rules and regulations, or to construct the Minimum Improvements in accordance therewith. No approval by the Authority shall constitute a waiver of an Event of Default. If approval of the Construction Plans is requested by the Developer in writing at the time of submission, such Construction Plans shall be deemed approved unless rejected in writing by the Authority, in whole or in part. Such rejections shall set forth in detail the reasons therefore, and shall be made within 30 days after the date of their receipt by the Authority. If the Authority rejects any Construction Plans in whole or in part, the Developer shall submit new or corrected Construction Plans within 30 days after written notification to the Developer of the rejection. The provisions of this Section relating to approval, which rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by the Authority. The Authority's approval shall not be unreasonably withheld, conditioned or delayed. Landlord Said approval shall respond to constitute a conclusive determination that the Construction Plans (and Minimum Improvements, if constructed in accordance with said plans) comply to the Authority's satisfaction with the provisions of this Agreement relating thereto. (b) If, prior to issuance of the Certificate of Completion, the Developer desires to make any material change in the Construction Plans after their approval by the Authority which would substantially alter the scope of the work contemplated thereby or decrease the value of the Minimum Improvements (including land) below $6,200,000, the Developer shall submit the proposed change to the Authority for its approval. If the Construction Plans, as modified by the proposed change, conform to the requirements of this section 4.2 of this Agreement with respect to such previously approved Construction Plans, the Authority shall approve the proposed change and notify the Developer in writing of its approval. Such change in the Construction Plans shall, in any event, be deemed approved by the Authority unless rejected, in whole or in part, by written notice by the Authority to the Developer, setting forth in detail the reasons therefor. Such rejection shall be made within ten (10) business days of its receipt thereof. Within a reasonable period of time after receipt of Landlordthe notice of such change. The Authority's response (not to exceed thirty (30) days), Tenant shall respond to approval of any objections of Landlord to such change in the Construction Plans and shall resubmit appropriately revised Construction Plans prepared by Tenant's Architect, and such resubmitted Construction Plans shall clearly indicate which portions of the Construction Plans are revised and which portions of the Construction Plans remain unchanged from the previously submitted Construction Plans. This process shall will not be repeated until the Construction Plans have been completed by Tenant and approved in writing by Landlord. (The Construction Plans for all of the improvements to be constructed in the Premises, as approved in writing by Landlord, as revised by Tenant from time to time with Landlord's written approval in accordance with the following provisions of this Section 3.1, are hereinafter called the "Final Plans"). Tenant shall cause Tenant's Contractor to (A) obtain Landlord's prior written approval (which Landlord shall not unreasonably withhold or delay) of all subcontractors to be utilized in the performance of any construction work affecting the Building's life safety, mechanical or electrical systems, (B) obtain all necessary governmental permits and approvals in connection with the Tenant Improvements (including demolition, if applicable) shown on the Final Plans (and Landlord shall have no responsibility whatsoever in connection with obtaining the same), (C) furnish to Landlord, prior to the commencement of any construction in the Premises, certificates evidencing comprehensive public liability insurance with limits per occurrence of not less than Two Million Dollars ($2,000,000.00) and property damage insurance with limits per occurrence of not less than One Million Dollars ($1,000,000.00), covering Tenant's Contractor's and subcontractors' operations in the Premises and the Building (including any liability arising out of work involving Hazardous Materials) and builders' risk insurance providing coverage in an amount equal to the full value of the Tenant Improvements upon completion thereof, and with respect to all such insurance naming Landlord as an additional insured, and upon Landlord's request also naming any or all of the mortgagees as additional insureds, (D) perform the construction work in a good and workmanlike manner using materials of a quality that is at least equal to the quality designated by Landlord as the minimum standard for the Building, and (E) perform the construction work in accordance with applicable Laws and in such manner as to minimize disturbance of other tenants and occupants of the Building and, with respect to any work the sound levels or other effects of which would unreasonably disturb other tenants or occupants of the Building, perform such work during other than normal business hours. Landlord shall have no responsibility for furnishing any security services in or about the Building or the Premises to safeguard Tenant's construction of the Tenant Improvements or materials in connection therewith, and Tenant shall have full responsibility for any loss or damage thereof; provided that any security actions taken by Tenant, its agents or contractors, with respect to such Tenant Improvements or materials shall be consistent with and shall not interfere in any respect with any reasonable security requirements established by Landlord for the Buildingwithheld.

Construction Plans. Tenant (a) Before the EDA makes any disbursements of Loan proceeds under Article III, the Association shall cause to be prepared submit the Construction Plans for to the Tenant Improvements that are consistent with and are logical evolutions City Building Official, who shall review such plans on behalf of the Space Plan and the building standardsEDA. The Construction Plans shall provide for the construction of the Housing Improvements and shall be delivered in conformity with this Agreement, and all applicable State and local laws and regulations. The City Building Official will approve the Construction Plans in writing if: (i) the Construction Plans conform to Landlord the terms and conditions of this Agreement; (ii) the Construction Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations; (iii) the Construction Plans are adequate to provide for construction of the Housing Improvements; and (iv) no Event of Default has occurred. No approval by the City Building Official shall relieve the Association of the obligation to comply with the terms of this Agreement, applicable federal, state and local laws, ordinances, rules and regulations, or to construct the Housing Improvements in accordance therewith. No approval by the City Building Official shall constitute a waiver of an Event of Default. If approval of the Construction Plans is requested by the Association in writing at the time of submission, such Construction Plans shall be deemed approved unless rejected in writing by the City Building Official, in whole or in part. Such rejections shall set forth in detail the reasons therefore, and shall be made within 30 days after the date of their receipt by the City Building Official. If the City Building Official rejects any Construction Plans in whole or in part, the Association shall submit new or corrected Construction Plans within 30 days after written notification to the Association of the rejection. The provisions of this Section relating to approval, which rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by the City Building Official. The City Building Official’s approval shall not be unreasonably withheld, conditioned or delayed. Landlord Said approval shall respond to constitute a conclusive determination that the Construction Plans within ten (10and the Housing Improvements, constructed in accordance with said plans) business days comply to the City Building Official’s satisfaction with the provisions of its receipt thereof. Within a reasonable period of time after receipt of Landlord's response this Agreement relating thereto. (not b) If the Association desires to exceed thirty (30) days), Tenant shall respond to make any objections of Landlord to material change in the Construction Plans and after their approval by the City Building Official, the Association shall resubmit appropriately revised Construction Plans prepared by Tenant's Architectsubmit the proposed change to the City Building Official for approval. For the purposes of this Section, and such resubmitted Construction Plans shall clearly indicate which portions a “material change” means any change that (i) increases or decreases the total cost of the Construction Plans are revised Housing Improvements by more than $10,000 or (ii) involves any change in construction materials or design that reasonably requires review for compliance with state and which portions of local laws and regulations. If the Construction Plans remain unchanged from the previously submitted Construction Plans. This process shall be repeated until the Construction Plans have been completed by Tenant and approved in writing by Landlord. (The Construction Plans for all of the improvements to be constructed in the Premises, as approved in writing modified by Landlordthe proposed change, as revised by Tenant from time conform to time with Landlord's written approval in accordance with the following provisions requirements of this Section 3.1, are hereinafter called the "Final Plans"). Tenant shall cause Tenant's Contractor to (A) obtain Landlord's prior written approval (which Landlord shall not unreasonably withhold or delay) 4.2 of all subcontractors to be utilized in the performance of any construction work affecting the Building's life safety, mechanical or electrical systems, (B) obtain all necessary governmental permits and approvals in connection with the Tenant Improvements (including demolition, if applicable) shown on the Final Plans (and Landlord shall have no responsibility whatsoever in connection with obtaining the same), (C) furnish to Landlord, prior to the commencement of any construction in the Premises, certificates evidencing comprehensive public liability insurance with limits per occurrence of not less than Two Million Dollars ($2,000,000.00) and property damage insurance with limits per occurrence of not less than One Million Dollars ($1,000,000.00), covering Tenant's Contractor's and subcontractors' operations in the Premises and the Building (including any liability arising out of work involving Hazardous Materials) and builders' risk insurance providing coverage in an amount equal to the full value of the Tenant Improvements upon completion thereof, and with respect to all such insurance naming Landlord as an additional insured, and upon Landlord's request also naming any or all of the mortgagees as additional insureds, (D) perform the construction work in a good and workmanlike manner using materials of a quality that is at least equal to the quality designated by Landlord as the minimum standard for the Building, and (E) perform the construction work in accordance with applicable Laws and in such manner as to minimize disturbance of other tenants and occupants of the Building and, with respect to any work the sound levels or other effects of which would unreasonably disturb other tenants or occupants of the Building, perform such work during other than normal business hours. Landlord shall have no responsibility for furnishing any security services in or about the Building or the Premises to safeguard Tenant's construction of the Tenant Improvements or materials in connection therewith, and Tenant shall have full responsibility for any loss or damage thereof; provided that any security actions taken by Tenant, its agents or contractors, this Agreement with respect to such Tenant Improvements previously approved Construction Plans, the City Building Official shall approve the proposed change and notify the Association in writing of its approval. Such change in the Construction Plans shall, in any event, be deemed approved by the City Building Official unless rejected, in whole or materials in part, by written notice by the City Building Official to the Association, setting forth in detail the reasons therefor. Such rejection shall be consistent with and shall made within 10 days after receipt of the notice of such change. The City Building Official’s approval of any such change in the Construction Plans will not interfere in any respect with any reasonable security requirements established by Landlord for the Buildingbe unreasonably withheld.

Construction Plans. Tenant shall cause to be prepared the Construction Plans for the Tenant Improvements that are consistent with and are logical evolutions (a) Before commencing construction of the Space Plan and Minimum Improvements, the building standardsDeveloper shall submit to the Authority completed Construction Plans. The Construction Plans shall provide for the construction of the Minimum Improvements and shall be delivered in conformity with the Development Program, the TIF Plan, this Agreement, and all applicable State and local laws and regulations. The Authority will approve the Construction Plans in writing if: (i) the Construction Plans conform to Landlord the terms and conditions of this Agreement; (ii) the Construction Plans conform to the Development Program; (iii) the Construction Plans conform to all applicable federal, State and local laws, ordinances, rules and regulations; (iv) the Construction Plans are adequate to provide for construction of the Minimum Improvements; (v) the Construction Plans include exterior front and side walls constructed of clay brick; and (vi) no Event of Default has occurred. No approval by the Authority shall relieve the Developer of the obligation to comply with the terms of this Agreement or of the Development Program, applicable federal, State and local laws, ordinances, rules and regulations, or to construct the Minimum Improvements in accordance therewith. No approval by the Authority shall constitute a waiver of an Event of Default. If approval of the Construction Plans is requested by the Developer in writing at the time of submission, such Construction Plans shall be deemed approved unless rejected in writing by the Authority, in whole or in part. Such rejections shall set forth in detail the reasons therefor, and shall be made within 30 days after the date of their receipt by the Authority. If the Authority rejects any Construction Plans in whole or in part, the Developer shall submit new or corrected Construction Plans within 30 days after written notification to the Developer of the rejection. The provisions of this Section relating to approval, which rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by the Authority. The Authority’s approval shall not be unreasonably withheld, conditioned or delayed. Landlord Said approval shall respond to constitute a conclusive determination that the Construction Plans (and the Minimum Improvements, constructed in accordance with said plans) comply to the Authority’s satisfaction with the provisions of this Agreement relating thereto. (b) If the Developer desires to make any material change in the Construction Plans after their approval by the Authority, the Developer shall submit the proposed change to the Authority for its approval. If the Construction Plans, as modified by the proposed change, conform to the requirements of this Section 4.2 with respect to such previously approved Construction Plans, the Authority shall approve the proposed change and notify the Developer in writing of its approval. Such change in the Construction Plans shall, in any event, be deemed approved by the Authority unless rejected, in whole or in part, by written notice by the Authority to the Developer, setting forth in detail the reasons therefor. Such rejection shall be made within ten (10) business days of its receipt thereof. Within a reasonable period of time after receipt of Landlord's response (not to exceed thirty (30) days), Tenant shall respond to the notice of such change. The Authority’s approval of any objections of Landlord to such change in the Construction Plans and shall resubmit appropriately revised Construction Plans prepared by Tenant's Architect, and such resubmitted Construction Plans shall clearly indicate which portions of the Construction Plans are revised and which portions of the Construction Plans remain unchanged from the previously submitted Construction Plans. This process shall will not be repeated until the Construction Plans have been completed by Tenant and approved in writing by Landlord. (The Construction Plans for all of the improvements to be constructed in the Premises, as approved in writing by Landlord, as revised by Tenant from time to time with Landlord's written approval in accordance with the following provisions of this Section 3.1, are hereinafter called the "Final Plans"). Tenant shall cause Tenant's Contractor to (A) obtain Landlord's prior written approval (which Landlord shall not unreasonably withhold or delay) of all subcontractors to be utilized in the performance of any construction work affecting the Building's life safety, mechanical or electrical systems, (B) obtain all necessary governmental permits and approvals in connection with the Tenant Improvements (including demolition, if applicable) shown on the Final Plans (and Landlord shall have no responsibility whatsoever in connection with obtaining the same), (C) furnish to Landlord, prior to the commencement of any construction in the Premises, certificates evidencing comprehensive public liability insurance with limits per occurrence of not less than Two Million Dollars ($2,000,000.00) and property damage insurance with limits per occurrence of not less than One Million Dollars ($1,000,000.00), covering Tenant's Contractor's and subcontractors' operations in the Premises and the Building (including any liability arising out of work involving Hazardous Materials) and builders' risk insurance providing coverage in an amount equal to the full value of the Tenant Improvements upon completion thereof, and with respect to all such insurance naming Landlord as an additional insured, and upon Landlord's request also naming any or all of the mortgagees as additional insureds, (D) perform the construction work in a good and workmanlike manner using materials of a quality that is at least equal to the quality designated by Landlord as the minimum standard for the Building, and (E) perform the construction work in accordance with applicable Laws and in such manner as to minimize disturbance of other tenants and occupants of the Building and, with respect to any work the sound levels or other effects of which would unreasonably disturb other tenants or occupants of the Building, perform such work during other than normal business hours. Landlord shall have no responsibility for furnishing any security services in or about the Building or the Premises to safeguard Tenant's construction of the Tenant Improvements or materials in connection therewith, and Tenant shall have full responsibility for any loss or damage thereof; provided that any security actions taken by Tenant, its agents or contractors, with respect to such Tenant Improvements or materials shall be consistent with and shall not interfere in any respect with any reasonable security requirements established by Landlord for the Buildingwithheld.

Construction Plans. Tenant  (a) Before commencing construction of the Developer Improvements, the Master Developer shall cause submit to be prepared the City and the Authority Construction Plans for the Tenant Developer Improvements that are consistent conform with and are logical evolutions of the Space Plan and the building standardsDeveloper Improvements Requirements. The Construction Plans shall provide for the construction of the Developer Improvements and shall be delivered in conformity with this Agreement, the Redevelopment Plan and all applicable State and local laws and regulations. The City and the Authority will approve the Construction Plans in writing if (i) the Construction Plans conform to Landlord all terms and conditions of this Agreement; (ii) the Construction Plans conform to the goals and objectives of the Redevelopment Plan; (iii) the Construction Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations; (iv) the Construction Plans are adequate to provide for construction of the Developer Improvements; (v) the Construction Plans do not provide for expenditures in excess of the funds available to the Master Developer for construction of the Developer Improvements; and (vi) no Event of Default has occurred. No approval by the City or the Authority shall relieve the Master Developer of the obligation to comply with the terms of this Agreement, applicable federal, State and local laws, ordinances, rules and regulations, or to construct the Developer Improvements in accordance therewith. No approval by the City or the Authority shall constitute a waiver of an Event of Default. The City and the Authority shall notify the Master Developer of any rejection of the Construction Plans, and set forth in detail the reasons for the rejection, within twenty (20) days after the date the City and the Authority receive final plans from the Master Developer. If the City or the Authority rejects any Construction Plans in whole or in part, the Master Developer shall submit new or corrected Construction Plans within twenty (20) days after written notification to the Master Developer of the rejection. The provisions of this Section relating to approval, which rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by the City and the Authority. The City and the Authority’s approval shall not be unreasonably withheld, conditioned or delayed. Landlord Said approval shall respond to constitute a conclusive determination that the Construction Plans within ten (10and the Developer Improvements, constructed in accordance with said plans) business days comply to the City and the Authority’s satisfaction with the provisions of its receipt thereofthis Agreement relating thereto. Within a reasonable period of time after receipt of Landlord's response The City (not to exceed thirty (30and as applicable, the State and the County) days), Tenant shall respond to any objections of Landlord to approve the Construction Plans and shall resubmit appropriately revised Construction Plans prepared by Tenant's Architect, and such resubmitted Construction Plans shall clearly indicate which portions of pursuant to their customary approval process.  (b) If the Master Developer desires to make any Material Change in the Construction Plans are revised or any component thereof after their approval by the City and which portions of the Authority, the Master Developer shall submit the proposed change to the City and the Authority for its approval. If the Construction Plans remain unchanged from the previously submitted Construction Plans. This process shall be repeated until the Construction Plans have been completed by Tenant and approved in writing by Landlord. (The Construction Plans for all of the improvements to be constructed in the Premises, as approved in writing modified by Landlordthe proposed change, as revised by Tenant from time conform to time with Landlord's written approval in accordance with the following provisions requirements of this Section 3.1, are hereinafter called the "Final Plans"). Tenant shall cause Tenant's Contractor to (A) obtain Landlord's prior written approval (which Landlord shall not unreasonably withhold or delay) of all subcontractors to be utilized in the performance of any construction work affecting the Building's life safety, mechanical or electrical systems, (B) obtain all necessary governmental permits and approvals in connection with the Tenant Improvements (including demolition, if applicable) shown on the Final Plans (and Landlord shall have no responsibility whatsoever in connection with obtaining the same), (C) furnish to Landlord, prior to the commencement of any construction in the Premises, certificates evidencing comprehensive public liability insurance with limits per occurrence of not less than Two Million Dollars ($2,000,000.00) and property damage insurance with limits per occurrence of not less than One Million Dollars ($1,000,000.00), covering Tenant's Contractor's and subcontractors' operations in the Premises and the Building (including any liability arising out of work involving Hazardous Materials) and builders' risk insurance providing coverage in an amount equal to the full value of the Tenant Improvements upon completion thereof, and with respect to all such insurance naming Landlord as an additional insured, and upon Landlord's request also naming any or all of the mortgagees as additional insureds, (D) perform the construction work in a good and workmanlike manner using materials of a quality that is at least equal to the quality designated by Landlord as the minimum standard for the Building, and (E) perform the construction work in accordance with applicable Laws and in such manner as to minimize disturbance of other tenants and occupants of the Building and, with respect to any work the sound levels or other effects of which would unreasonably disturb other tenants or occupants of the Building, perform such work during other than normal business hours. Landlord shall have no responsibility for furnishing any security services in or about the Building or the Premises to safeguard Tenant's construction of the Tenant Improvements or materials in connection therewith, and Tenant shall have full responsibility for any loss or damage thereof; provided that any security actions taken by Tenant, its agents or contractors, 4.2 with respect to such Tenant Improvements or materials previously approved Construction Plans, the City and the Authority shall be consistent with approve the proposed change and notify the Master Developer in writing of its approval. The City and the Authority shall not interfere notify the Master Developer of any rejection of the Construction Plans, and set forth in any respect with any reasonable security requirements established by Landlord detail the reasons for the Building.rejection, within twenty (20) days after the date the City and the Authority receive final plans from the Master Developer. The Authority’s approval of any such change in the Construction Plans will not be unreasonably withheld. 

Construction Plans. Tenant shall cause to be prepared the Construction Plans for the Tenant Improvements that are consistent with and are logical evolutions Before commencement of construction of each Component of the Space Plan and Minimum Improvements, the building standardsDeveloper shall submit to the City Construction Plans. The Construction Plans shall provide for the construction of the relevant improvements and shall be delivered in material conformity with the Development Plan, the PUD, this Agreement, and all applicable State and local laws and regulations. The City Representative will approve the Construction Plans in writing if: (i) the Construction Plans materially conform to Landlord the terms and conditions of this Agreement; (ii) the Construction Plans materially conform to the goals and objectives of the Development Plan and the PUD; (iii) the Construction Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations; (iv) the Construction Plans are adequate to provide for construction of the relevant improvements; and (v) no Event of Default has occurred. Approval may be based upon a review by the City’s Building Official of the Construction Plans and shall be conclusive evidence that Developer has satisfied its obligations under this Section. No approval by the City Representative shall relieve the Developer of the obligation to comply with the terms of this Agreement or of the Development Plan, applicable federal, state and local laws, ordinances, rules and regulations, or to construct the Minimum Improvements in accordance therewith. No approval by the City Representative shall constitute a waiver of an Event of Default. If approval of the Construction Plans is requested by the Developer in writing at the time of submission, such Construction Plans shall be deemed approved unless rejected in writing by the City Representative, in whole or in part. Such rejections shall set forth in detail the reasons therefore, and shall be made within 30 days after the date of their receipt by the City. If the City Representative rejects any Construction Plans in whole or in part, the Developer shall submit new or corrected Construction Plans within 30 days after written notification to the Developer of the rejection. The provisions of this Section relating to approval, which rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by the City. The City Representative’s approval shall not be unreasonably withheld, conditioned delayed or delayedconditioned. Landlord Said approval shall respond to constitute a conclusive determination that the Construction Plans within ten (10) business days of its receipt thereof. Within a reasonable period of time after receipt of Landlord's response (not to exceed thirty (30) days), Tenant shall respond to any objections of Landlord to and the Construction Plans and shall resubmit appropriately revised Construction Plans prepared by Tenant's Architect, and such resubmitted Construction Plans shall clearly indicate which portions of the Construction Plans are revised and which portions of the Construction Plans remain unchanged from the previously submitted Construction Plans. This process shall be repeated until the Construction Plans have been completed by Tenant and approved in writing by Landlord. (The Construction Plans for all of the improvements to be Minimum Improvements constructed in the Premises, as approved in writing by Landlord, as revised by Tenant from time to time with Landlord's written approval in accordance with said plans) comply to the following City’s satisfaction with the provisions of this Section 3.1, are hereinafter called the "Final Plans"). Tenant shall cause Tenant's Contractor to (A) obtain Landlord's prior written approval (which Landlord shall not unreasonably withhold or delay) of all subcontractors to be utilized in the performance of any construction work affecting the Building's life safety, mechanical or electrical systems, (B) obtain all necessary governmental permits and approvals in connection with the Tenant Improvements (including demolition, if applicable) shown on the Final Plans (and Landlord shall have no responsibility whatsoever in connection with obtaining the same), (C) furnish to Landlord, prior to the commencement of any construction in the Premises, certificates evidencing comprehensive public liability insurance with limits per occurrence of not less than Two Million Dollars ($2,000,000.00) and property damage insurance with limits per occurrence of not less than One Million Dollars ($1,000,000.00), covering Tenant's Contractor's and subcontractors' operations in the Premises and the Building (including any liability arising out of work involving Hazardous Materials) and builders' risk insurance providing coverage in an amount equal to the full value of the Tenant Improvements upon completion thereof, and with respect to all such insurance naming Landlord as an additional insured, and upon Landlord's request also naming any or all of the mortgagees as additional insureds, (D) perform the construction work in a good and workmanlike manner using materials of a quality that is at least equal to the quality designated by Landlord as the minimum standard for the Building, and (E) perform the construction work in accordance with applicable Laws and in such manner as to minimize disturbance of other tenants and occupants of the Building and, with respect to any work the sound levels or other effects of which would unreasonably disturb other tenants or occupants of the Building, perform such work during other than normal business hours. Landlord shall have no responsibility for furnishing any security services in or about the Building or the Premises to safeguard Tenant's construction of the Tenant Improvements or materials in connection therewith, and Tenant shall have full responsibility for any loss or damage thereof; provided that any security actions taken by Tenant, its agents or contractors, with respect to such Tenant Improvements or materials shall be consistent with and shall not interfere in any respect with any reasonable security requirements established by Landlord for the BuildingAgreement relating thereto.

Construction Plans. Tenant (a) Before Closing, Developer shall cause submit to be prepared the Authority the Construction Plans. The Authority will approve such Construction Plans in writing if: (i) such Construction Plans conform to the terms and conditions of this Agreement; (ii) such Construction Plans conform to the goals and objectives of the Development Plan between Developer and the City; (iii) such Construction Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations; (iv) such Construction Plans are adequate to provide for construction of the Minimum Improvements; (v) the Construction Plans do not provide for the Tenant Improvements that are consistent with and are logical evolutions expenditures in excess of the Space Plan funds available to Developer for construction of the Minimum Improvements; and (vi) no Event of Default has occurred. No approval by the building standardsAuthority shall relieve Developer of the obligation to comply with the terms of this Agreement or of the Development Plan, applicable federal, state and local laws, ordinances, rules and regulations, or to construct the Minimum Improvements in accordance therewith. The No approval by the Authority shall constitute a waiver of an Event of Default. If approval of the Construction Plans is requested by ▇▇▇▇▇▇▇▇▇ in writing at the time of submission, such Construction Plans shall be delivered deemed approved unless rejected in writing by the Authority, in whole or in part. Such rejections shall set forth in detail the reasons therefore, and shall be made within 30 days after the date of their receipt by the Authority. If the Authority rejects any Construction Plans in whole or in part, Developer shall submit new or corrected Construction Plans within 30 days after written notification to Landlord for Developer of the rejection. The provisions of this Section relating to approval, which rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved or deemed approved by the Authority. The Authority’s approval shall not be unreasonably withheld. Said approval shall constitute a conclusive determination that the Construction Plans (and the Minimum Improvements, constructed in accordance with said plans) comply to the Authority’s satisfaction with the provisions of this Agreement relating thereto, but any approvals by the Authority hereunder will not constitute approval by any City officials regarding any City requirements related to construction of the Minimum Improvements, rather such approvals shall be governed by City ordinances, policies and procedures. Developer hereby waives any and all claims and causes of action whatsoever resulting from the review of the Construction Plans by the Authority and/or any changes in the Construction Plans requested by the Authority. Neither the Authority nor any employee or official of the Authority shall be responsible in any manner whatsoever for any defect in the Construction Plans or in any work done pursuant to the Construction Plans, including changes requested by the Authority. (b) If Developer desires to make any material change in the Construction Plans after their approval by the Authority, Developer shall submit the proposed change to the Authority for its approval. If the Construction Plans, as modified by the proposed change, conform to the requirements of this Section 4.2 of this Agreement with respect to such previously approved Construction Plans, the Authority shall approve the proposed change and notify Developer in writing of its approval. Such change in the Construction Plans shall, in any event, be deemed approved by the Authority unless rejected, in whole or in part, by written notice by the Authority to Developer, setting forth in detail the reasons therefor. Such rejection shall be made within 20 days after receipt of the notice of such change to the Construction Plans. The Authority’s approval of any such change in the Construction Plans will not be unreasonably withheld, conditioned or delayed. Landlord shall respond Nothing in this paragraph will relieve Developer of the obligation to the comply with any City ordinances or procedures regarding changes in Construction Plans within ten (10) business days of its receipt thereof. Within a reasonable period of time after receipt of Landlord's response (not to exceed thirty (30) days), Tenant shall respond to any objections of Landlord to the Construction Plans and shall resubmit appropriately revised Construction Plans prepared by Tenant's ArchitectPlans, and such resubmitted Construction Plans shall clearly indicate which portions of any approvals by the Construction Plans are revised and which portions of the Construction Plans remain unchanged from the previously submitted Construction Plans. This process shall be repeated until the Construction Plans have been completed Authority hereunder will not constitute approval by Tenant and approved in writing by Landlord. (The Construction Plans for all of the improvements any City officials regarding any City requirement related to be constructed in the Premises, as approved in writing by Landlord, as revised by Tenant from time to time with Landlord's written approval in accordance with the following provisions of this Section 3.1, are hereinafter called the "Final Plans"). Tenant shall cause Tenant's Contractor to (A) obtain Landlord's prior written approval (which Landlord shall not unreasonably withhold or delay) of all subcontractors to be utilized in the performance of any construction work affecting the Building's life safety, mechanical or electrical systems, (B) obtain all necessary governmental permits and approvals in connection with the Tenant Improvements (including demolition, if applicable) shown on the Final Plans (and Landlord shall have no responsibility whatsoever in connection with obtaining the same), (C) furnish to Landlord, prior to the commencement of any construction in the Premises, certificates evidencing comprehensive public liability insurance with limits per occurrence of not less than Two Million Dollars ($2,000,000.00) and property damage insurance with limits per occurrence of not less than One Million Dollars ($1,000,000.00), covering Tenant's Contractor's and subcontractors' operations in the Premises and the Building (including any liability arising out of work involving Hazardous Materials) and builders' risk insurance providing coverage in an amount equal to the full value of the Tenant Improvements upon completion thereof, and with respect to all such insurance naming Landlord as an additional insured, and upon Landlord's request also naming any or all of the mortgagees as additional insureds, (D) perform the construction work in a good and workmanlike manner using materials of a quality that is at least equal to the quality designated by Landlord as the minimum standard for the Building, and (E) perform the construction work in accordance with applicable Laws and in such manner as to minimize disturbance of other tenants and occupants of the Building and, with respect to any work the sound levels or other effects of which would unreasonably disturb other tenants or occupants of the Building, perform such work during other than normal business hours. Landlord shall have no responsibility for furnishing any security services in or about the Building or the Premises to safeguard Tenant's construction of the Tenant Improvements or materials in connection therewith, and Tenant shall have full responsibility for any loss or damage thereof; provided that any security actions taken by Tenant, its agents or contractors, with respect to such Tenant Improvements or materials shall be consistent with and shall not interfere in any respect with any reasonable security requirements established by Landlord for the BuildingMinimum Improvements.

Construction Plans. Tenant shall cause (1) Prior to be prepared the commencement of construction of the Project, the Developer will deliver to the Authority the Construction Plans, Construction Documents and a sworn construction cost statement certified by the Developer and the General Contractor (the “Sworn Construction Cost Statement”) all in form and substance acceptable to the Authority. The Construction Plans for the Tenant Improvements that Project shall be consistent with the Project Plan, this Agreement, and all applicable State and local laws and regulations and the Site Plan and Design Drawings previously submitted to the Authority. The City ’s building official and the Executive Director of the Authority, on behalf of the Authority shall promptly review any Construction Plans upon submission and deliver to the Developer a written statement approving the Construction Plans or a written statement rejecting the Construction Plans and specifying the deficiencies in the Construction Plans. The City’s building official and the Executive Director of the Authority on behalf of the Authority shall approve the Construction Plans if: (i) the Construction Plans substantially conform to the terms and conditions of this Agreement; (ii) the Construction Plans are consistent with the goals and are logical evolutions objectives of the Space Project Plan; (iii) the Construction Plans comply with the Site Plan and Design Drawings; and (iv) the building standards. The Construction Plans do not violate any applicable federal, State or local laws, ordinances, rules or regulations. If the Construction Plans are not approved by the Authority, then the Developer shall be delivered make such changes as the Authority may reasonably require and resubmit the Construction Plans to Landlord the Authority for approval, which approval shall will not be unreasonably withheld, unreasonably conditioned or unreasonably delayed. Landlord shall respond The Authority acknowledges that upon execution of this Agreement the Developer will have submitted Construction Plans sufficient to obtain a grading permit for the Project. (2) The approval of the Construction Plans, or any proposed amendment to the Construction Plans, by the Authority does not constitute a representation or warranty by the Authority that the Construction Plans within ten (10) business days or the Project comply with any applicable building code, health or safety regulation, zoning regulation, environmental law or other law or regulation, or that the Project will meet the qualifications for issuance of its receipt thereofa certificate of occupancy, or that the Project will meet the requirements of the Developer or any other users of the Project. Within a reasonable period Approval of time after receipt of Landlord's response (not to exceed thirty (30) days)the Construction Plans, Tenant shall respond to or any objections of Landlord proposed amendment to the Construction Plans and Plans, by the Authority will not constitute a waiver of an Event of Default. Nothing in this Agreement shall resubmit appropriately revised Construction Plans prepared by Tenant's Architect, and such resubmitted Construction Plans shall clearly indicate which portions be construed to relieve the Developer of its obligations to receive any required approval of the Construction Plans are revised and which portions of the Construction Plans remain unchanged from the previously submitted Construction Plans. This process shall be repeated until the Construction Plans have been completed by Tenant and approved in writing by Landlord. (The Construction Plans for all of the improvements to be constructed in the Premises, as approved in writing by Landlord, as revised by Tenant from time to time with Landlord's written approval in accordance with the following provisions of this Section 3.1, are hereinafter called the "Final Plans"). Tenant shall cause Tenant's Contractor to (A) obtain Landlord's prior written approval (which Landlord shall not unreasonably withhold or delay) of all subcontractors to be utilized in the performance of any construction work affecting the Building's life safety, mechanical or electrical systems, (B) obtain all necessary governmental permits and approvals in connection with the Tenant Improvements (including demolition, if applicable) shown on the Final Plans (and Landlord shall have no responsibility whatsoever in connection with obtaining the same), (C) furnish to Landlord, prior to the commencement of any construction in the Premises, certificates evidencing comprehensive public liability insurance with limits per occurrence of not less than Two Million Dollars ($2,000,000.00) and property damage insurance with limits per occurrence of not less than One Million Dollars ($1,000,000.00), covering Tenant's Contractor's and subcontractors' operations in the Premises and the Building (including any liability arising out of work involving Hazardous Materials) and builders' risk insurance providing coverage in an amount equal to the full value of the Tenant Improvements upon completion thereof, and with respect to all such insurance naming Landlord as an additional insured, and upon Landlord's request also naming any or all of the mortgagees as additional insureds, (D) perform the construction work in a good and workmanlike manner using materials of a quality that is at least equal to the quality designated by Landlord as the minimum standard for the Building, and (E) perform the construction work in accordance with applicable Laws and in such manner as to minimize disturbance of other tenants and occupants of the Building and, with respect to any work the sound levels or other effects of which would unreasonably disturb other tenants or occupants of the Building, perform such work during other than normal business hours. Landlord shall have no responsibility for furnishing any security services in or about the Building or the Premises to safeguard Tenant's construction of the Tenant Improvements or materials in connection therewith, and Tenant shall have full responsibility for any loss or damage thereof; provided that any security actions taken by Tenant, its agents or contractors, with respect to such Tenant Improvements or materials shall be consistent with and shall not interfere in any respect with any reasonable security requirements established by Landlord for the BuildingCity department.

Construction Plans. Tenant (a) Before commencing construction of the Minimum Improvements, the Redeveloper shall cause submit to be prepared the Authority the Construction Plans for the Tenant Improvements that are consistent with and are logical evolutions of the Space Plan and the building standardsPlans. The Construction Plans shall provide for the construction of the Minimum Improvements and shall be delivered in conformity with this Agreement, the Development Program and all applicable State and local laws and regulations. The Authority will approve the Construction Plans in writing (which approval shall conclusively be deemed given upon issuance by the City of a building permit for the Minimum Improvements) if (i) the Construction Plans conform to Landlord all terms and conditions of this Agreement; (ii) the Construction Plans conform to the goals and objectives of the Development Program; (iii) the Construction Plans conform to all applicable federal, State and local laws, ordinances, rules and regulations; (iv) Construction Plans are adequate to provide for construction of the Minimum Improvements; (v) the Redeveloper certifies that the Redeveloper reasonably anticipates that the Construction Plans do not provide for expenditures in excess of the funds available to the Redeveloper for construction of the Minimum Improvements; and (vi) no Event of Default has occurred and remains outstanding. No approval by the Authority shall relieve the Redeveloper of the obligation to comply with the terms of this Agreement, applicable federal, State, and local laws, ordinances, rules and regulations, or to construct the Minimum Improvements in accordance therewith. No approval by the Authority shall constitute a waiver of an Event of Default. If approval of the Construction Plans is requested by the Redeveloper in writing at the time of submission, such Construction Plans shall be deemed approved unless rejected in writing by the Authority, in whole or in part. Such rejections shall set forth in detail the reasons therefor based upon the criteria set forth in (i) through (vi) above, and shall be made within twenty (20) days after the date of receipt of final plans from the Redeveloper. If the Authority fails to reject any Construction Plans submitted to the Authority within said twenty- (20) day period, the Authority shall be deemed to have approved such plans. If the Authority rejects any Construction Plans in whole or in part, the Redeveloper shall submit new or corrected Construction Plans within twenty (20) days after written notification to the Redeveloper of the rejection. The provisions of this Section relating to approval, which rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by the Authority. The Authority’s approval shall not be unreasonably withheld, conditioned . Said approval shall constitute a conclusive determination that the approved Construction Plans and the Minimum Improvements if constructed pursuant thereto comply to the Authority’s satisfaction with the provisions of this Agreement relating thereto. The Redeveloper hereby waives any and all claims and causes of action whatsoever resulting from the review of the Construction Plans by the Authority and/or any changes in the Construction Plans requested by the Authority. Neither the Authority nor any employee or delayed. Landlord official of the Authority shall respond be responsible in any manner whatsoever for any defect in the Construction Plans or in any work done pursuant to the Construction Plans, including changes requested by the Authority. (b) If the Redeveloper desires to make any material change in the Construction Plans or any component thereof after their approval by the Authority, the Redeveloper shall submit the proposed change to the Authority for its approval. For the purpose of this Section 4.2, the term “material” means changes that increase or decrease construction costs by 10% or more of the total construction costs. If the Construction Plans, as modified by the proposed material change, conform to the requirements of this Section with respect to such previously approved Construction Plans, the Authority shall approve the proposed material change and notify the Redeveloper in writing of its approval. Such material change in the Construction Plans shall, in any event, be deemed approved by the Authority unless rejected, in whole or in part, by written notice by the Authority to the Redeveloper, setting forth in detail the reasons therefor. Such rejection shall be made within ten (10) business days of its receipt thereof. Within a reasonable period of time after receipt of Landlord's response (the notice of such material change. The Authority’s approval of any such material change in the Construction Plans will not to exceed thirty (30) days), Tenant shall respond to be unreasonably withheld. No Authority approval is required for any objections of Landlord change to the Construction Plans and shall resubmit appropriately revised Construction Plans prepared by Tenant's Architect, and such resubmitted Construction Plans shall clearly indicate which portions of the Construction Plans are revised and which portions of the Construction Plans remain unchanged from the previously submitted Construction Plans. This process shall be repeated until the Construction Plans have been completed by Tenant and approved in writing by Landlord. (The Construction Plans for all of the improvements to be constructed in the Premises, as approved in writing by Landlord, as revised by Tenant from time to time with Landlord's written approval in accordance with the following provisions of this Section 3.1, are hereinafter called the "Final Plans"). Tenant shall cause Tenant's Contractor to (A) obtain Landlord's prior written approval (which Landlord shall not unreasonably withhold or delay) of all subcontractors to be utilized in the performance of any construction work affecting the Building's life safety, mechanical or electrical systems, (B) obtain all necessary governmental permits and approvals in connection with the Tenant Improvements (including demolition, if applicable) shown on the Final Plans (and Landlord shall have no responsibility whatsoever in connection with obtaining the same), (C) furnish to Landlord, prior to the commencement of any construction in the Premises, certificates evidencing comprehensive public liability insurance with limits per occurrence of not less than Two Million Dollars ($2,000,000.00) and property damage insurance with limits per occurrence of not less than One Million Dollars ($1,000,000.00), covering Tenant's Contractor's and subcontractors' operations in the Premises and the Building (including any liability arising out of work involving Hazardous Materials) and builders' risk insurance providing coverage in an amount equal to the full value of the Tenant Improvements upon completion thereof, and with respect to all such insurance naming Landlord as an additional insured, and upon Landlord's request also naming any or all of the mortgagees as additional insureds, (D) perform the construction work in a good and workmanlike manner using materials of a quality that is at least equal to the quality designated by Landlord not material as the minimum standard for the Building, and (E) perform the construction work in accordance with applicable Laws and in such manner as to minimize disturbance of other tenants and occupants of the Building and, with respect to any work the sound levels or other effects of which would unreasonably disturb other tenants or occupants of the Building, perform such work during other than normal business hours. Landlord shall have no responsibility for furnishing any security services in or about the Building or the Premises to safeguard Tenant's construction of the Tenant Improvements or materials in connection therewith, and Tenant shall have full responsibility for any loss or damage thereof; provided that any security actions taken by Tenant, its agents or contractors, with respect to such Tenant Improvements or materials shall be consistent with and shall not interfere in any respect with any reasonable security requirements established by Landlord for the Buildingdefined herein.

Construction Plans. Tenant (a) Before commencing construction of the Minimum Improvements, the Develoepr shall cause submit to be prepared the Authority the Construction Plans for the Tenant Improvements that are consistent with and are logical evolutions of the Space Plan and the building standardsPlans. The Construction Plans shall provide for construction of the Minimum Improvements and shall be delivered in conformity with this Agreement, the TIF Plan, and all applicable State and local laws and regulations. The Authority shall approve the Construction Plans in writing (which shall be conclusively be deemed given upon issuance by the City of a building permit for the Minimum Improvements) if, in the reasonable discretion of the Authority: (i) the Construction Plans conform to Landlord the terms and conditions of this Agreement; (ii) the Construction Plans conform to the goals and objectives of the Development District Plan; (iii) the Construction Plans conform to all applicable federal, state and local law, ordinances, rules and regulations; (iv) the Construction Plans are adequate to provide for the construction of the subject Minimum Improvements; (v) the Construction Plans do not provide for expenditures in excess of the funds which will be available to the Developer for the construction of the Minimum Improvements; and (vi) no Event of Default has occurred or is continuing after Developer's timeframe to cure has lapsed as outlined in Section 9.2. No approval by the Authority under this Section 3.2 shall relieve the Developer of the obligation to comply with the terms of this Agreement, applicable federal, state and local laws, ordinances, rules and regulations, or to construct the Minimum Improvements. No approval by the Authority shall constitute a waiver of an Event of Default. If approval of the Construction Plans is requested by the Developer in writing at the time of submission, such Construction Plans shall be deemed approved unless rejected in writing by the Authority, in whole or in part. Such rejections shall set forth in detail the reasons therefor based upon the criteria set forth in (i) through (vi) above, and shall be made within thirty (30) days after the date of receipt of final plans from the Developer. If the Authority fails to reject any Construction Plans submitted to the Authority within said thirty (30) day period, the Authority shall be deemed to have approved such plans. If the Authority rejects any Construction Plans in whole or in part, the Developer shall submit new or corrected Construction Plans within twenty (20) days after written notification to the Developer of the rejection. The provisions of this Section relating to approval, which rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by the Authority. The Authority’s approval shall not be unreasonably withheld, conditioned or delayed. Landlord Said approval shall respond to constitute a conclusive determination that the Construction Plans within ten (10) business days of its receipt thereof. Within a reasonable period of time after receipt of Landlord's response (not to exceed thirty (30) days), Tenant shall respond to any objections of Landlord to the approved Construction Plans and shall resubmit appropriately revised Construction Plans prepared by Tenant's Architect, the Minimum Improvements if constructed pursuant thereto comply to the Authority’s satisfaction with the provisions of this Agreement relating thereto. The Developer hereby waives any and such resubmitted Construction Plans shall clearly indicate which portions all claims and causes of action whatsoever resulting from the review of the Construction Plans are revised and which portions of by the Authority and/or any changes in the Construction Plans remain unchanged from requested by the previously submitted Construction PlansAuthority. This process Neither the Authority nor any employee or official of the Authority shall be repeated until responsible in any manner whatsoever for any defect in the Construction Plans have been completed or in any work done pursuant to the Construction Plans, including changes requested by Tenant and approved the Authority. (b) If the Developer desires to make any Material Change in writing by Landlord. (The any Construction Plans for all of after their approval by the improvements to be constructed in Authority, the Premises, as approved in writing by Landlord, as revised by Tenant from time to time with Landlord's written approval in accordance with Developer shall submit the following provisions of this Section 3.1, are hereinafter called the "Final Plans"). Tenant shall cause Tenant's Contractor to (A) obtain Landlord's prior written approval (which Landlord shall not unreasonably withhold or delay) of all subcontractors to be utilized in the performance of any construction work affecting the Building's life safety, mechanical or electrical systems, (B) obtain all necessary governmental permits and approvals in connection with the Tenant Improvements (including demolition, if applicable) shown on the Final Plans (and Landlord shall have no responsibility whatsoever in connection with obtaining the same), (C) furnish to Landlord, prior proposed change to the commencement of any construction in the Premises, certificates evidencing comprehensive public liability insurance with limits per occurrence of not less than Two Million Dollars ($2,000,000.00) and property damage insurance with limits per occurrence of not less than One Million Dollars ($1,000,000.00), covering Tenant's Contractor's and subcontractors' operations in the Premises and the Building (including any liability arising out of work involving Hazardous Materials) and builders' risk insurance providing coverage in an amount equal to the full value of the Tenant Improvements upon completion thereof, and with respect to all such insurance naming Landlord as an additional insured, and upon Landlord's request also naming any or all of the mortgagees as additional insureds, (D) perform the construction work in a good and workmanlike manner using materials of a quality that is at least equal to the quality designated by Landlord as the minimum standard Authority for the Building, and (E) perform the construction work in accordance with applicable Laws and in such manner as to minimize disturbance of other tenants and occupants of the Building and, with respect to any work the sound levels or other effects of which would unreasonably disturb other tenants or occupants of the Building, perform such work during other than normal business hours. Landlord shall have no responsibility for furnishing any security services in or about the Building or the Premises to safeguard Tenant's construction of the Tenant Improvements or materials in connection therewith, and Tenant shall have full responsibility for any loss or damage thereof; provided that any security actions taken by Tenant, its agents or contractors, with respect to such Tenant Improvements or materials shall be consistent with and shall not interfere in any respect with any reasonable security requirements established by Landlord for the Buildingapproval.

Construction Plans. Tenant S & B Realty agrees to cause, and shall cause ▇▇▇▇ Theatres to be prepared the Construction Plans for the Tenant Improvements that are consistent comply with and are logical evolutions this Section 4.2. (a). Prior to commencing construction of the Space Plan Minimum Improvements, ▇▇▇▇ Theatres shall submit to the EDA and the building standardsS & B Realty completed Construction Plans. The Construction Plans shall provide for the construction of the Minimum Improvements and shall be delivered in conformance with this Agreement and all applicable State and local laws and regulations and shall be submitted to Landlord for the EDA in a digital format. No approval by the EDA shall relieve ▇▇▇▇ Theatres of the obligation to comply with the terms of this Agreement, applicable federal, State and local laws, ordinances, rules and regulations, or to construct the Minimum Improvements in accordance therewith. No approval by the EDA or S & B Realty shall constitute a waiver of an Event of Default or waiver of any State or City building or other code requirements that may apply and no approval by S & B Realty shall constitute a waiver of a Loan Event of Default If approval of the Construction Plans is requested by ▇▇▇▇ Theatres in writing at the time of submission, such Construction Plans shall be deemed approved unless rejected in writing by the EDA, in whole or in part within the time period stated in the next sentence. Such rejections shall set forth in detail the reasons therefor, and shall be made within 30 days after the date of their receipt by the EDA or S & B Realty. If the EDA or S & B Realty rejects any Construction Plans in whole or in part, ▇▇▇▇ Theatres shall submit new or corrected Construction Plans within 10 days after written notification to ▇▇▇▇ Theatres of the rejection. The provisions of this Section relating to approval, which rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by the EDA and S & B Realty The EDA's approval and S & B Realty’s approval shall not be unreasonably withheld. Said approval shall constitute a conclusive determination that the Construction Plans (and the Minimum Improvements, conditioned constructed in accordance with said plans) comply to the EDA's satisfaction and S & B Realty's satisfaction with the provisions of this Agreement relating thereto but any approvals by the EDA hereunder will not constitute approval by any City officials regarding any City requirement related to construction of the Minimum Improvements. ▇▇▇▇ Theatres hereby waives any and all claims and causes of action whatsoever resulting from the review of the Construction Plans by the EDA or delayedS & B Realty and/or any changes in the Construction Plans requested by the EDA or S & B Realty, provided the EDA shall be bound by its approval and S & B Realty by its approval, of the Construction Plans under the preceding paragraph. Landlord Neither the EDA, the City, nor any employee or official of the EDA or City shall respond be responsible in any Manner whatsoever for any defect in the Construction Plans or in any work done pursuant to the Construction Plans within ten (10) business days of its receipt thereof. Within a reasonable period of time after receipt of Landlord's response (not to exceed thirty (30) days), Tenant shall respond to any objections of Landlord to including changes requested by the Construction Plans and shall resubmit appropriately revised Construction Plans prepared by Tenant's Architect, and such resubmitted Construction Plans shall clearly indicate which portions of the Construction Plans are revised and which portions of the Construction Plans remain unchanged from the previously submitted Construction Plans. This process shall be repeated until the Construction Plans have been completed by Tenant and approved in writing by Landlord. (The Construction Plans for all of the improvements to be constructed in the Premises, as approved in writing by Landlord, as revised by Tenant from time to time with Landlord's written approval in accordance with the following provisions of this Section 3.1, are hereinafter called the "Final Plans"). Tenant shall cause Tenant's Contractor to (A) obtain Landlord's prior written approval (which Landlord shall not unreasonably withhold or delay) of all subcontractors to be utilized in the performance of any construction work affecting the Building's life safety, mechanical or electrical systems, (B) obtain all necessary governmental permits and approvals in connection with the Tenant Improvements (including demolition, if applicable) shown on the Final Plans (and Landlord shall have no responsibility whatsoever in connection with obtaining the same), (C) furnish to Landlord, prior to the commencement of any construction in the Premises, certificates evidencing comprehensive public liability insurance with limits per occurrence of not less than Two Million Dollars ($2,000,000.00) and property damage insurance with limits per occurrence of not less than One Million Dollars ($1,000,000.00), covering Tenant's Contractor's and subcontractors' operations in the Premises and the Building (including any liability arising out of work involving Hazardous Materials) and builders' risk insurance providing coverage in an amount equal to the full value of the Tenant Improvements upon completion thereof, and with respect to all such insurance naming Landlord as an additional insured, and upon Landlord's request also naming any or all of the mortgagees as additional insureds, (D) perform the construction work in a good and workmanlike manner using materials of a quality that is at least equal to the quality designated by Landlord as the minimum standard for the Building, and (E) perform the construction work in accordance with applicable Laws and in such manner as to minimize disturbance of other tenants and occupants of the Building and, with respect to any work the sound levels or other effects of which would unreasonably disturb other tenants or occupants of the Building, perform such work during other than normal business hours. Landlord shall have no responsibility for furnishing any security services in or about the Building or the Premises to safeguard Tenant's construction of the Tenant Improvements or materials in connection therewith, and Tenant shall have full responsibility for any loss or damage thereof; provided that any security actions taken by Tenant, its agents or contractors, with respect to such Tenant Improvements or materials shall be consistent with and shall not interfere in any respect with any reasonable security requirements established by Landlord for the BuildingEDA.