Common use of IMPROVEMENTS AND STRUCTURES Clause in Contracts

IMPROVEMENTS AND STRUCTURES. Except as (a) permitted under Article IV, (b) the construction of a hotel on the Expansion Parcel, (c) any other construction with a cost less than $35,000,000.00, and (d) any maintenance, repair or replacement in the ordinary course of business, Tenant may not construct or permit the construction of any improvements or structures without the prior written consent of Landlord, which shall not unreasonably be withheld, delayed or conditioned. Such consent shall be deemed given if it has not been denied in writing by Landlord within thirty (30) days from Landlord’s receipt of the plans and specifications for such proposed improvements. In the event such additional development is for the purpose of development of sources of revenue or profit centers not related to the operation of the Premises as originally contemplated in this Lease, then such additional development shall not be permitted unless and until Tenant and Landlord have agreed to a fair and reasonable rental arrangement to cover the new revenue sources to be developed. Notwithstanding anything herein contained to the contrary, although Tenant shall not be required to obtain the consent of Landlord to construct a hotel on the Expansion Parcel, Tenant shall be required to submit design development documents (similar in nature and scope to the Design Development Documents and other related documents described in Section 4.03(a) hereof for the Hotel) to the Design Review Committee for approval prior to commencing construction of a hotel upon the Expansion Parcel. Upon its receipt of such documents, the Design Review Committee shall approve or reject the documents submitted in the manner and with the effect set forth in Section 4.03(b) hereof. If the Design Review Committee rejects the aforesaid documents, Tenant may elect to arbitrate such decision in the manner and with the effect set forth in Section 4.04 of this Lease.

IMPROVEMENTS AND STRUCTURES. Except as (a) permitted under Article IV, (b) the construction of a hotel on the Expansion Parcel, (c) any other construction with a cost less than $35,000,000.00, and (d) any maintenance, repair or replacement in the ordinary course of business, Tenant may not construct or permit the construction of any improvements or structures without the prior written consent of Landlord, which shall not unreasonably be withheld, delayed or conditioned. Such consent shall be deemed given if it has not been denied in writing by Landlord within thirty (30) days from Landlord’s 's receipt of the plans and specifications for such proposed improvements. In the event such additional development is for the purpose of development of sources of revenue or profit centers not related to the operation of the Premises as originally contemplated in this Lease, then such additional development shall not be permitted unless and until Tenant and Landlord have agreed to a fair and reasonable rental arrangement to cover the new revenue sources to be developed. Notwithstanding anything herein contained to the contrary, although Tenant shall not be required to obtain the consent of Landlord to construct a hotel on the Expansion Parcel, Tenant shall be required to submit design development documents (similar in nature and scope to the Design Development Documents and other related documents described in Section 4.03(a) hereof for the Hotel) to the Design Review Committee for approval prior to commencing construction of a hotel upon the Expansion Parcel. Upon its receipt of such documents, the Design Review Committee shall approve or reject the documents submitted in the manner and with the effect set forth in Section 4.03(b) hereof. If the Design Review Committee rejects the aforesaid documents, Tenant may elect to arbitrate such decision in the manner and with the effect set forth in Section 4.04 of this Lease.