Engineering Plans. Landlord, at Landlord's sole cost and expense, shall engage Site Design, Inc. (the "Engineers") for the design of the Site Work in compliance with all applicable governmental requirements, which design shall be set forth in the Engineering Plans to be reviewed and approved by Landlord and Tenant. As soon as practicable after execution hereof, Landlord shall prepare or cause to be prepared Engineering Plans for construction of the Site Work, and shall submit the same to Tenant for approval. Tenant shall have a period of twenty (20) days within which to either approve such Engineering Plans or to make comments or changes thereon. If Tenant does not respond to Landlord's submission of Engineering Plans within such twenty (20) day period, Tenant shall be deemed to have approved the same. If Tenant responds by making reasonable comments to the proposed Engineering Plans, Landlord shall revise the Engineering Plans in accordance with Tenant's comments and resubmit them to Tenant for approval within fifteen (15) business days from the date of receipt of written comments from Tenant. Tenant shall have ten (10) days to approve such revised Engineering Plans. If Tenant disapproves the Engineering Plans and Landlord declines to make changes required by Tenant, Tenant may terminate this Lease as a Permitted Termination by giving written notice to Landlord within five (5) business days after receipt of Landlord's written disapproval of such Engineering Plans. If the Lease is terminated as provided hereunder, then Tenant shall promptly reimburse Landlord for the actual costs incurred by Landlord in preparing the Plans and Specifications and the Engineering Plans, Landlord and Tenant shall have no further obligations under the terms of this Lease and Tenant shall continue to lease the Original Premises from Landlord pursuant to the terms and conditions of a Lease dated May 1984, as amended. Once the Engineering Plans have been approved, no changes to or alterations of the Engineering Plans shall be made unless agreed upon by both parties, duly prepared by the Engineers, and executed by both Landlord and Tenant and attached as an additional Exhibit to this Lease. Landlord shall not be responsible or liable in any way for any defects in any Engineering Plans approved by Tenant.
Appears in 2 contracts
Sources: Commercial Lease, Commercial Lease (Palmetto Bancshares Inc)