Design Approval. All facilities, construction, and installation by the Contractor pursuant to the contract shall be subject to the approval of Western. Facilities interconnections shall normally conform to Western’s current “General Requirements for Interconnection,” in effect upon the signing of the contract document providing for each interconnection, copies of which are available from Western. At least ninety (90) days, unless otherwise agreed, prior to the date the Contractor proposes to commence construction or to incur an obligation to purchase facilities to be installed pursuant to the contract, whichever date is the earlier, the Contractor shall submit, for the approval of Western, detailed designs, drawings, and specifications of the facilities the Contractor proposes to purchase, construct, and install. The Contractor assumes all risks for construction commenced or obligations to purchase facilities incurred prior to receipt of approval from Western. Western review and approval of designs and construction work in no way implies that Western is certifying that the designs meet the Contractor’s needs.
Design Approval. A. If Franchisee elects or is required by this Agreement (including, under Section 11.1) to perform construction work or renovations or refurbishment of the Hotel affecting the design, character, or appearance of the Hotel, Franchisee will obtain the prior approval of Franchisor that any such construction work or significant renovations or refurbishment complies with the Standards and the requirements set forth in this Section 6. Before commencing such construction, renovation or refurbishment, Franchisee will engage a qualified registered architect, interior designer, and other qualified consultants and cause them to: (i) adapt the Design Criteria to the Approved Location and to Applicable Law, including the Americans with Disabilities Act and/or other similar state laws, codes, and/or regulations governing public accommodations for persons with disabilities, (ii) prepare complete construction documents, including a site plan and architectural, mechanical, electrical, civil engineering, landscaping and interior design drawings and specifications, and material samples, in each case, based on the Design Criteria (collectively, the “Renovation Drawings”), and (iii) submit the Renovation Drawings to Franchisor to review for compliance with the Design Criteria at least sixty (60) days prior to commencing such construction, renovation or refurbishment. Franchisee will not deviate from the Design Criteria in the Renovation Drawings; provided if, due to unique circumstances disclosed to Franchisor prior to the date the Renovation Drawings are submitted to Franchisor, it is necessary to deviate from the Design Criteria, all deviations from the Design Criteria, including those that are necessary to adapt the Design Criteria to the Approved Location, must be clearly designated in a separate document and submitted to Franchisor along with the Renovation Drawings. Based on the complexity of the design or the Renovation Drawings, or the amount or type of services requested or needed Franchisor may charge Franchisee an amount equal to One Hundred Thirty Dollars ($130) per hour for the additional time spent reviewing the Renovation Drawings and inspecting the Hotel, in addition to Travel Expenses of personnel that inspect the Hotel.
Design Approval. (a) If Franchisee elects or is required by this Agreement (including, pursuant to Section 10) to perform construction work or significant renovations or refurbishment of the Restaurant affecting the design, character, or appearance of the Restaurant, Franchisee will obtain the prior approval of Franchisor that any such construction work or significant renovations or refurbishment complies with the Standards and the requirements set forth in Section 5. Prior to commencing such construction, renovation, or refurbishment, Franchisee will engage a qualified designer and other qualified consultants and cause them to prepare and submit to Franchisor for its review and approval for compliance with the Standards, complete design drawings and specifications based on the Standards. If such drawings and specifications are not approved by Franchisor, Franchisor will provide recommendations to Franchisee related to the Standards that Franchisee must incorporate into such designs and drawings. Once approved, no changes will be made to any design, drawings, and specifications previously approved by Franchisor without Franchisee re-submitting such changes to Franchisor for its review and approval. Each party will act promptly in the preparation, submission, approval, and revision of all of said design drawings and specifications.
Design Approval. PBOT will provide Prosper Portland the right to review and approve the design for the JKO Work in the following circumstances: (a) if there are any material changes to the preliminary engineering plans for the JKO Work that were included in the Master Plan; (b) if PBOT identifies the potential for material Cost-Overruns (as defined in Section 5.3, below) associated with an aspect of the JKO Work; (c) if the width of the right turn lane at XX Xxxxxxx and 9th requires more than a three-foot dedication, and (d) if any of the anticipated Off-Site Improvements is downgraded from a full traffic signal. PBOT will be responsible for coordinating with the Bureau of Development Services (“BDS”) if any of PBOT’s design concepts for the JKO Work, including, e.g., bike lane and signaling, and any related determinations from the City Traffic Engineer, deviate from the Master Plan. If BDS determines that an amendment to the Master Plan or other approval is required, PBOT will either amend the scope of the JKO Work to be consistent with the Master Plan, or work diligently to obtain such amendment or approval, without delay to the schedule for construction set forth in Section 1.3.2, below.
Design Approval. PBOT will provide Prosper Portland the right to review and approve the design for the NW Park Work in the following circumstances: (a) if there are any material changes to the preliminary engineering plans for the NW Park Work that were included in the Master Plan; or (b) if PBOT identifies the potential for material Cost-Overruns (as defined in Section 5.3, below) associated with any aspect of the NW Park Work. PBOT will be responsible for coordinating with BDS if any of PBOT’s design concepts for the NW Park Work are inconsistent with the Master Plan. If BDS determines that an amendment to the Master Plan or other approval is required, PBOT will work diligently to obtain such amendment or approval.
Design Approval. An application for design approval shall be submitted to the DRC. Submissions for design approval must include all of the requirements as outlined in section 3.8 and Appendix E (Submission Requirements). The DRC will prepare a written review of the design approval submission and issue a requirement for resubmission, recommendation for modification or an approval of the application based on adherence to the Design Guidelines.
Design Approval. HAA and Artist acknowledge that the Artist's Final Design, attached hereto as Exhibit "B," has been reviewed and approved by the Mayor’s Office of Cultural Affairs as the basis for executing this Agreement with the Artist.
Design Approval. A. Xx. Xxxxxx XxXxxxxx has been designated as the person responsible for design direction to Xxxxxx for this project and has the authority for design approval. In the event that the design, as approved by Xx. Xxxxxx XxXxxxxx is rejected by others, and re-design is required, such re-design services shall be compensated as Additional Services.
Design Approval. Purchaser intends to enter into (i) a contract with Xxxxxxxx Xxxxxxx & Associates, Inc. (the “Project Architect”), to design the Initial Phase, and (ii) a contract with Xxxxxxx Xxxxxx Brustlin, Inc. (the “Project Engineer”) to design the infrastructure and site plans for the Initial Phase. Purchaser shall have the right to terminate the engagement of the Project Architect and the Project Engineer and engage a different architect to design the Initial Phase and a different engineer to design the site and infrastructure for the Initial Phase, subject to Seller’s consent, not to be unreasonably withheld. Purchaser and Seller hereby approve the design documents attached hereto as Exhibit J (the “Agreed Design Plans”). In the event that, during the permitting process and prior to Closing, Purchaser desires to make changes to the Agreed Design Plans, Seller shall either approve or disapprove of such proposed changes within ten (10) days of Seller’s receipt of Purchaser’s request therefor, and in the event of any disapproval by Seller, Seller will provide Purchaser with a summary of the reasons for disapproval, provided that Seller shall have no right to disapprove any of Purchaser’s requested changes to the Agreed Design Plans unless the same (a) affect the exterior design of the Building, and (b) are materially inconsistent with the Agreed Design Plans. If necessary, Purchaser will cause the Agreed Design Plans to be modified in accordance with Seller’s reasonable requests in response to Purchaser’s proposed changes thereto, and will resubmit such revised Agreed Design Plans to Seller for its approval. Seller’s approval of Purchaser’s requests for such changes to the Agreed Design Plans shall not be unreasonably withheld or delayed. At the Closing, Seller shall cause the Property Manager and the Majority Lot Owner (as defined in the Park Covenants) to deliver to Purchaser a recordable certificate of compliance with respect to the final plans for the Proposed Project in accordance with the Park Covenants (the “Design Certificate”). Purchaser shall be responsible for paying the fees of the Project Architect, the Project Engineer and the costs of any architectural, engineering, and civil/geotech incurred for the completion of the Agreed Design Plans in accordance with written agreements between Purchaser and each of the Project Architect and the Project Engineer (collectively, the “Design Costs”). Seller shall be responsible for all costs incurred by Seller in con...
