Common use of Design Process Clause in Contracts

Design Process. The Building design and pre-construction process (the “Design Process”) shall proceed as set forth in this Clause 4.3. The cumulative time period for the steps set forth in paragraphs (i)-(vi) below, as the same may be extended for dispute resolution between the parties or as otherwise expressly provided herein, shall be hereinafter referred to as the “Design Period.” In the event that Tenant fails to provide written comments during any relevant time period set forth below for any step in the Design Process, and such failure continues for a period of three (3) additional Business Days after receipt of notice thereof from Landlord [notwithstanding anything herein to the contrary, such notice shall be deliverable by email and telephone (which telephonic notice requirement may be satisfied by a voicemail message) to at least one (1) of Tenant's Representatives], Tenant shall be deemed to have approved the relevant Design Documents and Landlord shall nonetheless be authorized to provide Landlord's comments to the Design Firm and to proceed to the next step in the Design Process in the manner set forth herein below. In connection with the foregoing, Tenant shall be entitled to notice and three (3) additional Business Days to provide written comments as set forth in the immediately preceding sentence no more than three (3) times during the Design Process. After the third such occurrence, the above-described deemed approval shall occur upon the passage of the relevant approval/comment date. The parties may, by mutual written agreement, extend the time period for any stage of the Design Process by up to fifteen (15) days. Tenant may, at Tenant's sole cost and expense, hire a third party to conduct an independent review of the Design Documents, or any of them (“Peer Review”), provided that: (1) such independent reviewer enters into a non-disclosure agreement, the form and content of which shall be subject to Landlord's prior written approval, not to be unreasonably withheld, conditioned or delayed; (2) the scope of the independent reviewer's comments shall be limited by the same parameters which are set forth below for the Tenant comments on the Design Document for the relevant period; and (3) the independent reviewer's comments on a Design Document shall be delivered within the time period set forth below for delivery of Tenant comments during the relevant Design Document period. For the avoidance of doubt, the Tenant comment period and any independent reviewer comment period shall run concurrently and not consecutively during each Design Document period set forth in paragraphs (i)-(vi) below. Notwithstanding anything to the contrary set forth in item (3) above and the immediately preceding sentence, but, for avoidance of doubt, subject to the terms and conditions of items (1) and (2) above, provided Tenant issues written notice of its election to do so to Landlord within five (5) Business Days after receipt of the Schematic Design and/or the Design Drawings, Tenant shall be granted an additional five (5) Business Days for Peer Review of the Schematic Design and/or the Design Drawings. In connection therewith, Landlord agrees that sufficient personnel of Landlord and/or one (1) or more Affiliates of Landlord (“Landlord Personnel”) shall be available during such additional five (5) Business Day time period to meet and confer regarding the relevant Design Documents.

Design Process. The Building Landlord and Tenant will diligently work in good faith to plan and design the Project, agree upon a construction schedule for the Project, and develop a construction and development budget for the Project, giving due consideration to such factors as the projects' economic feasibility and financeability. It is understood and agreed that Landlord shall be required to construct only the base building components of the Project (the "LANDLORD'S EXPANSION WORK"), which shall be designed to allow for future multi-tenant standard market flex building occupancy, and otherwise similar in design and pre-construction process quality as the base building components of the Building and the buildings occupied by Tenant located at 32 and 34 East Industrial Road, Branford, Connecticut (which base buil▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇ibit G attached hereto), with any base building component upgrades which are due to change of laws at the “Design Process”) shall proceed as set forth in this Clause 4.3. The cumulative time period for that the steps set forth in paragraphs Expansion Notice is given (i)-(vi) below, as the same may be extended amended through the date that the building permits for dispute resolution between the parties or as otherwise expressly provided herein, shall be hereinafter referred to as the “Design Period.” In the event that Tenant fails to provide written comments during any relevant time period set forth below for any step in the Design Process, and such failure continues for a period work are issued). Within twenty-one (21) days of three (3) additional Business Days after Landlord's receipt of notice thereof from the Building Expansion Notice, Landlord [notwithstanding anything herein to the contrary, such notice shall be deliverable by email and telephone (which telephonic notice requirement may be satisfied by a voicemail message) to at least one (1) of Tenant's Representatives], Tenant shall be deemed meet to have approved review the relevant Design Documents and Landlord shall nonetheless be authorized to provide Landlord's comments to proposed Project (the Design Firm and to proceed to the next step in the Design Process in the manner set forth herein below"INITIAL CONSTRUCTION MEETING"). In connection with the foregoing, Tenant shall be entitled to notice and three (3) additional Business Days to provide written comments as set forth in the immediately preceding sentence no more No later than three (3) times during the Design Process. After the third such occurrence, the above-described deemed approval shall occur upon the passage of the relevant approval/comment date. The parties may, by mutual written agreement, extend the time period for any stage of the Design Process by up to fifteen (15) days. Tenant maydays following the Initial Construction Meeting Landlord shall retain, at its expense (but subject to reimbursement as a Project expense), an architect for the Project (the "PROJECT ARCHITECT", and together with the other professionals retained by Landlord for the planning and design of the Project, including related site work, the "DESIGN PROFESSIONALS"). Promptly following the Initial Construction Meeting, Landlord shall cause the Project Architect to prepare, at its expense (subject to reimbursement as a Project expense), schematic plans and specifications for the Project (the "SCHEMATIC PLANS"), which Landlord shall submit to Tenant for Tenant's sole cost review and expense, hire a third party to conduct an independent review of the Design Documents, or any of them (“Peer Review”), provided that: (1) such independent reviewer enters into a non-disclosure agreement, the form and content of which shall be subject to Landlord's prior written approval, which approval shall not to be unreasonably withheld, conditioned or delayed; (2) . Tenant shall provide the scope of the independent reviewer's comments shall be limited by the same parameters which are set forth below Design Professionals with any information necessary for the Design Professionals to prepare the Schematic Plans. Tenant comments on shall review and approve, or disapprove by notice in sufficient detail for Landlord to be able to reply, within ten (10) days following the Design Document for the relevant period; and (3) the independent reviewer's comments on a Design Document shall be delivered within the time period set forth below for delivery of Tenant comments during the relevant Design Document period. For the avoidance of doubt, the Tenant comment period and any independent reviewer comment period shall run concurrently and not consecutively during each Design Document period set forth in paragraphs (i)-(vi) below. Notwithstanding anything to the contrary set forth in item (3) above and the immediately preceding sentence, but, for avoidance of doubt, subject to the terms and conditions of items (1) and (2) above, provided Tenant issues written notice of its election to do so to Landlord within five (5) Business Days after receipt submission of the Schematic Design and/or the Design Drawings, Plans. If Tenant shall be granted an additional five (5) Business Days for Peer Review disapproves of the Schematic Design and/or the Design Drawings. In connection therewithPlans, Landlord agrees that sufficient personnel shall have an additional ten (10) days to revise and resubmit such Schematic Plans for Tenant's approval. Landlord shall, within twenty (20) business days after approval of Landlord and/or one the Schematic Plans, provide Tenant with (1a) or more Affiliates an estimated construction and development budget for the Project, (b) an estimated construction schedule for the Project, and (c) an estimate of Landlord (“Landlord Personnel”) shall be available during such additional five (5) Business Day time period to meet and confer regarding the relevant Design DocumentsExpansion Premises Rent.