Common use of Landlord Approvals Clause in Contracts

Landlord Approvals. Landlord shall not unreasonably withhold, ------------------ condition or delay the approval of the Plans (or clarifications thereto) except that Landlord may withhold its approval with regard to proposed Tenant Improvements which (a) will have an adverse visible impact from the exterior of the Building, or (b) will adversely affect the structure of the Building (as a result of heavy loads or otherwise) or the electrical, heating, air conditioning, ventilation, plumbing, fire protection, life safety or other systems or equipment of the Building including the penthouse and the core. As a condition of Landlord's approval of the proposed Tenant Improvements, Landlord shall have the right to notify Tenant in writing at the time of such approval that Tenant will be required upon termination or expiration of this Lease to remove any specified Tenant Improvements constructed by the General Contractor or Tenant's contractors if in Landlord's reasonable judgment such Tenant Improvements are not customarily found in Class A office buildings in the Laurel, Maryland submarket and removal of such items would subject Landlord to unreasonable expense. If Tenant fails to remove such Tenant Improvements which were installed subject to such condition, Landlord may do so and Tenant shall pay Landlord the entire cost thereof within ten (10) Business Days after receipt of Landlord's written demand therefor and this obligation shall survive the termination or expiration of this Lease.

Appears in 1 contract

Samples: Deed of Lease (Digex Inc/De)

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Landlord Approvals. Landlord Landlord's approvals of Tenant's Plans shall not be unreasonably withholdwithheld or delayed and may be subject to reasonable conditions, ------------------ condition but Landlord's approval or delay the approval disapproval of the any Tenant's Plans (or clarifications thereto) except that Landlord may withhold its approval with regard to shall be in Landlord's sole discretion if Tenant's proposed Tenant Improvements which work would (a) will have an adverse visible impact from the require changes to structural components or exterior design of the Building, or (b) will adversely affect require material modification to any Building's mechanical system or improvements or installation, or (c) have a negative impact on the structure value of the Building (as a result of heavy loads or otherwise) or the electricalBuilding. Landlord shall, heating, air conditioning, ventilation, plumbing, fire protection, life safety or other systems or equipment of the Building including the penthouse and the core. As a condition of Landlord's approval of the proposed Tenant Improvements, Landlord shall have the right to notify Tenant in writing at the time of such approval that Tenant will be required upon termination or expiration of this Lease to remove any specified Tenant Improvements constructed by the General Contractor or Tenant's contractors if in Landlord's reasonable judgment such Tenant Improvements are not customarily found in Class A office buildings in the Laurel, Maryland submarket and removal of such items would subject Landlord to unreasonable expense. If Tenant fails to remove such Tenant Improvements which were installed subject to such condition, Landlord may do so and Tenant shall pay Landlord the entire cost thereof within ten (10) Business Days after business days following receipt by Landlord of plans from Tenant, review, comment on and return the plans to Tenant, marked "Approved", "Approved as Noted" or "Disapproved as Noted, Revise and Resubmit". If the plans are returned to Tenant marked "Disapproved as Noted, Revise and Resubmit", Tenant shall cause such plans to be revised, taking into account the reasons for Landlord's disapproval, and shall resubmit revised plans to Landlord for review. The same procedure shall be repeated until Landlord fully approves the plans. Landlord shall Tenant agrees and understands that Landlord's review of all plans prepared by Tenant is solely to protect the interests of Landlord in the Building and the Premises, and Landlord shall not be the guarantor of, nor in any way or to any extent responsible for, the correctness or accuracy of any such plans or of the compliance of such plans with applicable regulations, laws, ordinances, codes and rules or of the conformance of such plans with existing conditions in the Building. Tenant shall require that its architects, engineers and contractors verify all existing conditions in the Building, insofar as they are relevant to, or may affect, the design and construction of the Tenant Improvements. Approval by Landlord of the Tenant's Plans prepared by Tenant shall not: (i) imply approval by Landlord as to compliance of such plans with applicable regulations, laws, ordinances, codes and rules; (ii) imply the compatibility of the plans with the Building; or (iii) limit Landlord's right, as a condition and at the time of Landlord's written demand therefor approval, to require changes in portions of the plans which are incompatible with or which, in the reasonable opinion of Landlord, adversely affect the Building structure or the electrical, plumbing, life safety or mechanical systems of the Building or which adversely affect the availability to Landlord of third party warranties. Tenant acknowledges that both the compliance of the Tenant's Plans with all applicable regulations, laws, ordinances, codes and this obligation shall survive rules and the termination or expiration compatibility of this Leasethe Tenant's Plans with the Building structure and the mechanical, plumbing, life safety and electrical systems of the Building are the responsibility of Tenant.

Appears in 1 contract

Samples: Lease (Eden Bioscience Corp)

Landlord Approvals. Landlord Landlord’s approvals of Tenant’s Plans shall not be unreasonably withholdwithheld or delayed and may be subject to reasonable conditions, ------------------ condition but Landlord’s approval or delay the approval disapproval of the any Tenant’s Plans (or clarifications thereto) except that Landlord may withhold its approval with regard to shall be in Landlord’s sole discretion if Tenant’s proposed Tenant Improvements which work would (a) will have an adverse visible impact from the require changes to structural components or exterior design of the Building, or (b) will adversely affect the structure of the Building (as a result of heavy loads require material modification to any Building’s mechanical system or otherwise) improvements or the electricalinstallation. Landlord shall, heating, air conditioning, ventilation, plumbing, fire protection, life safety or other systems or equipment of the Building including the penthouse and the core. As a condition of Landlord's approval of the proposed Tenant Improvements, Landlord shall have the right to notify Tenant in writing at the time of such approval that Tenant will be required upon termination or expiration of this Lease to remove any specified Tenant Improvements constructed by the General Contractor or Tenant's contractors if in Landlord's reasonable judgment such Tenant Improvements are not customarily found in Class A office buildings in the Laurel, Maryland submarket and removal of such items would subject Landlord to unreasonable expense. If Tenant fails to remove such Tenant Improvements which were installed subject to such condition, Landlord may do so and Tenant shall pay Landlord the entire cost thereof within ten (10) Business Days after following receipt by Landlord of plans from Tenant, review, comment on and return the plans to Tenant, marked “Approved”, “Approved as Noted” or “Disapproved as Noted, Revise and Resubmit”. If the plans are returned to Tenant marked “Disapproved as Noted, Revise and Resubmit”, Tenant shall cause such plans to be revised, taking into account the reasons for Landlord's written ’s disapproval, and shall resubmit revised plans to Landlord for review. The same procedure shall be repeated until Landlord fully approves the plans. Landlord shall be entitled to reimbursement from Tenant on demand therefor for the third-party costs incurred by Landlord in reviewing plans hereunder. Tenant agrees and this obligation understands that Landlord’s review of all plans prepared by Tenant is solely to protect the interests of Landlord in the Building and the Premises, and Landlord shall survive not be the termination guarantor of, nor in any way or expiration to any extent responsible for, the correctness or accuracy of this Lease.any such plans or of the compliance of such plans with applicable regulations, laws, ordinances, codes and rules or of the conformance of such plans with existing conditions in the

Appears in 1 contract

Samples: Nastech Pharmaceutical Co Inc

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Landlord Approvals. Landlord shall not unreasonably withholduse good faith, ------------------ condition or delay diligent and commercially reasonable efforts to obtain (which obligation includes the approval timely preparation and submission of all applications and fees and the diligent pursuit thereof) all site, development, zoning and building approvals, variances consents, permits and authorizations in final and binding format which are no longer subject to appeal (collectively, the “Landlord Approvals”) to perform and complete the Work within the time frames necessary for the timely completion of the Plans Work as required by the Project Schedule, including for certainty, obtaining site plan approval and any required zoning variances in final and binding forms which are no longer subject to challenge or appeal (or clarifications theretocollectively, the “Site Permit”) except that by June 30, 2015 (the “Permit Termination Date”). If Landlord may withhold its approval with regard (1) is unable to proposed Tenant Improvements which obtain the Site Permit; (a2) will does not have an adverse visible impact from sufficient funds available to fund the exterior Work (inclusive of the Building, payment of the Construction Allowance) as and when such payments are due under the Construction Contract; or (b3) will adversely affect has not commenced and is then diligently proceeding with the structure foundation and earth-works components of the Building Work, each by the Permit Termination Date, then, in each such case Tenant may terminate this Lease by delivering to Landlord written notice thereof at any time before the earlier of (as a result of heavy loads A) ten business days following the Permit Termination Date or otherwise(B) or the electricaldate on which Landlord obtains the Site Permit, heating, air conditioning, ventilation, plumbing, fire protection, life safety or other systems or equipment obtains sufficient funds and commences construction of the Building including earth-works, as aforesaid, as the penthouse and case may be. Five days prior to the core. As a condition of Landlord's approval of the proposed Tenant ImprovementsPermit Termination Date, Landlord shall deliver evidence reasonably satisfactory to Tenant that it has satisfied each of the foregoing conditions. The termination right afforded to Tenant under this Section 2.1 shall be Tenant’s sole remedy for Landlord’s failure to timely obtain the Site Permit, obtain sufficient funds to fund the Work (subject to the joint and several liability of Landlord and Landlord’s Guarantor to fund the Construction Allowance as described in the Lease and the Landlord’s Guarantee) and commence construction of the Work as aforesaid, save and except where Landlord is found in a final, non-appealable judgment by a court of competent jurisdiction to have failed to fully discharge its obligations under the first sentence of this Section 2.1. Time is of the essence for the delivery of Tenant’s termination notice under this Section 2.1; accordingly, if Tenant fails timely to deliver any such notice, Tenant’s right to notify Tenant in writing at the time of such approval that Tenant will be required upon termination or expiration of terminate this Lease to remove any specified Tenant Improvements constructed by the General Contractor or Tenant's contractors if in Landlord's reasonable judgment such Tenant Improvements are not customarily found in Class A office buildings in the Laurel, Maryland submarket and removal of such items would subject Landlord to unreasonable expense. If Tenant fails to remove such Tenant Improvements which were installed subject to such condition, Landlord may do so and Tenant under this Section 2.1 shall pay Landlord the entire cost thereof within ten (10) Business Days after receipt of Landlord's written demand therefor and this obligation shall survive the termination or expiration of this Leaseexpire.

Appears in 1 contract

Samples: Lease Agreement (Ciena Corp)

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