Common use of Planning Process Clause in Contracts

Planning Process. Tenant shall, not later than the outside dates set forth in Schedule 4 to this Exhibit B. subject to delays due to Landlord Delay, submit to Landlord for Landlord's approval an initial set of plans ("Initial Plans"), progress plans from time to time ("Interim Plans") and a full set of construction drawings (as the same may thereafter be modified by any Change Orders approved by Landlord and Tenant, the "Final Plans") for Tenant's Work (collectively, the "Plans"). The Final Plans shall contain at least the information required by, and shall conform to the requirements of, Schedule 5 and shall be coordinated with the design of Landlord's Work to the Premises. Landlord shall not unreasonably withhold or delay its approval of the Initial Plans, the Interim Plans, or the Final Plans, however, Landlord's determination of matters relating to aesthetic issues relating to alterations or changes which are visible outside the Premises shall be in Landlord's sole discretion. Landlord agrees to respond to any Initial Plans, Interim Plans or Final Plans within fifteen (15) business days of receipt thereof. Landlord shall respond with reasonable promptness to Tenant's reasonable requests for advice in connection with the preparation of the Plans within a reasonable time after their submission. Landlord shall reasonably cooperate with Tenant's diligent preparation of and delivery to Landlord of ftilly coordinated documents required under Schedule 5 to this Exhibit B and shall use reasonable efforts to cause Landlord's engineers to respond and cooperate with Tenant with reasonable promptness in the preparation of and delivery to Landlord of the Plans, in accordance with the time periods provided for in the Tenant Plans and Other Action Dates attached hereto as Schedule 4. If Landlord disapproves of any Plans, such disapproval shall state in reasonable detail Landlord's objections and conditions, and Tenant shall have the Plans revised by its architect to incorporate all reasonable objections and conditions presented by Landlord and shall resubmit such Plans to Landlord. Landlord shall respond to such revised Plans within five (5) business days (or ten (10) business days in the case of a major redesign) of receipt thereof. Such process shall be followed until the Final Plans shall have been approved by the Landlord without objection or condition. Tenant shall use reasonable speed and diligence to complete the Plans within the time frames set forth in the Tenant Plans and Other Action Dates attached hereto as Schedule 4. Landlord’s review and approval of any such plans and specifications and consent to perform work described therein shall not be deemed an agreement by Landlord that such plans, specifications and work conform with applicable Legal Requirements and/or Insurance Requirements nor deemed a waiver of Tenant’s obligations under this Lease with respect to applicable Legal Requirements and Insurance Requirements nor impose any liability or obligation upon Landlord with respect to the completeness, design sufficiency or compliance of such plans, specifications and work with applicable Legal Requirements and Insurance Requirements nor give right to any other parties. Further, Tenant acknowledges that Tenant is acting for its own benefit and account, and that Tenant shall not be acting as Landlord’s agent in performing any work in the Premises, accordingly, to the fullest extent permitted under applicable Legal Requirements, no contractor, subcontractor or supplier shall have a right to lien Landlord’s interest in the Property in connection with any such work. No deviation from the Tenant’s Plans shall be made by Tenant except by written change order approved by Landlord in accordance with the standards set forth in this Section 2.0(C) for Landlord’s approval of Tenant’s Plans.

Planning Process. Tenant shallWhere the Site has been selected by the Relevant Participant notwithstanding advice by hubco that there is a there is a significant risk of any Planning Appeal, Planning Call-In or Planning Proceeding and, other than as a result of breach of this Agreement by hubco or any hubco Party or failure to comply with the Planning Act by hubco or any hubco Party, there is a significant risk of any Planning Appeal, Planning Call-In or Planning Proceeding, it may be appropriate to increase the relevant element of the Project Development Fee specified in Proforma [2]. [mechanical aspects to be developed where relevant by Preferred Tenderer's Final Tender Submission26] Part 6 - APPROVAL PROCESS FOR NEW PROJECTS The purpose of this Schedule Part 6 (Approval Process for New Projects) is to set out how hubco and the Participants will work together to agree which New Projects will be taken forward and approved for development by ▇▇▇▇▇ and on what basis. It sets out a two‑stage approval process for New Projects. The provisions of paragraphs 3 to 6 of this Schedule Part 6 shall apply in relation to Qualifying Projects whether or not later than the outside dates set forth period of ten (10) years from the Commencement Date has expired. The Parties may agree to utilise this process (amended as appropriate) in Schedule 4 respect of other Project Services under Clause 9.3 but are not obliged to this Exhibit B. subject do so. hubco will, as an integral part of its overall service delivery in relation to delays due the development and approval of New Projects and without entitlement to Landlord Delayspecific or additional payment: work with the Participants and relevant Community Planning Partnerships to develop local delivery plans which will then form the basis of the updated TDP; and work with the Participants to review the applicability of the TDP to the provision of Community Services in the Territory and to decide which New Projects to proceed with, submit so that Participants can make informed decisions as to Landlord for Landlord's which projects may become New Projects. hubco will, as an integral part of its overall service delivery in relation to the development and approval an initial set of New Projects and without entitlement to specific or additional payment, work with the Participants and other members of the TPB (and, where relevant, with the Community Planning Partnerships) to: identify, analyse and discuss the Participants' collective and individual accommodation requirements; assist in the development of local delivery plans ("Initial Plans")and review their applicability to the provision of Community Services in the Territory; develop further the TDP, progress plans in particular to further refine the proposals contained in the TDP; prioritise New Projects on a basis consistent with the decisions from time to time of the TPB under Clause 14.2; identify and appraise available options for meeting the Participants' accommodation requirements and thereby recommend ("Interim Plans"on the basis of best available value for money) which New Projects to progress; advise how best to bundle accommodation requirements within a New Project to ensure that the New Project is Affordable, offers value for money and provides a full set solution with an appropriate level of construction drawings (as flexibility; take into consideration the same may thereafter be modified by any Change Orders approved by Landlord and Tenant, the "Final Plans") for Tenant's Work (collectively, the "Plans"). The Final Plans shall contain at least the information required by, and shall conform views of relevant stakeholders in relation to the TDP and actual or potential New Projects; develop the Participants' requirements ofin relation to New Projects which, Schedule 5 and shall in due course, during the Stage 2 Approval process set out at paragraph 5, will be coordinated with developed further to enable it to form the design of Landlord's Work to basis for the Premises. Landlord shall not unreasonably withhold or delay its approval agreement of the Initial Plans, relevant Project Agreement; analyse and discuss the Interim Plans, or range of potential funding options for New Projects including the Final Plans, however, Landlord's determination feasibility of matters relating to aesthetic issues relating to alterations or changes which are visible outside the Premises shall be in Landlord's sole discretion. Landlord agrees to respond to any Initial Plans, Interim Plans or Final Plans within fifteen (15) business days of receipt thereof. Landlord shall respond with reasonable promptness to Tenant's reasonable requests for advice in connection with the preparation of the Plans within third party funding such as sponsorship when considering and developing a reasonable time after their submission. Landlord shall reasonably cooperate with Tenant's diligent preparation of and delivery to Landlord of ftilly coordinated documents required under Schedule 5 to this Exhibit B and shall use reasonable efforts to cause Landlord's engineers to respond and cooperate with Tenant with reasonable promptness New Project; assist in the preparation of outline business cases and delivery obtaining all necessary approvals; and in addition to Landlord the requirements of Schedule Part 7 (New Project Pricing Report), agree with potential Relevant Participant(s): the appropriate Comparator for purposes of determining the Project Development Fee Cap; the adjustments to be made pursuant to paragraph 2 of Schedule Part 4 (Partnering Services Costs) in respect of such Comparator; and each part of the PlansProject Development Fee Cap, for any New Project in respect of which such Participant(s) has/have indicated an intention to submit a New Project Request. Each Participant will co‑operate with hubco in its performance of its obligations under paragraph 2.2 above, in accordance relation to any New Project or potential New Project being developed by hubco, including (without limitation): providing any information reasonably required by hubco to enable it to satisfy the requirements of paragraphs 4 and/or 5 ; identifying whether any requirements under paragraph 4.2 and/or 5.3 may not be required or what additionally may be required by the Participants; explaining any relevant considerations around the funding of and/or financial envelope for the proposed New Project; identifying suitable benchmarks for the New Project; and providing reasonable assistance to ▇▇▇▇▇ in relation to the procurement by ▇▇▇▇▇ of all relevant Consents and the entering into of Project Agreements, and agreeing with ▇▇▇▇▇ the matters referred to in paragraph 2.2.11 above. Where the potential Relevant Participant(s) and hubco are unable to agree the matters referred to in paragraph 2.2.11 above within a period of three (3) months, the TPB shall determine such matters. Any Participant or one or more Participant jointly wishing to procure a New Project ("Relevant Participant(s)") shall submit a written request for hubco to produce a Stage 1 Submission for that New Project, including: indicative funding proposals setting out the maximum available capital and/or revenue which can be committed to that New Project (the "Affordability Cap"); any requirements in relation to a New Project that must be satisfied as part of a Stage 1 Submission and/or Stage 2 Submission, including any governmental or similar approval requirements (for example the requirement to comply with the time periods provided for Scottish Government's Capital Investment Manual process), funding approvals or grant conditions ("Specific Requirements"); and a clear and objective Project brief setting out the scope of the work to be undertaken, supported by relevant information which is commensurate with any previous development work undertaken on the New Project. This should include any initial agreement that may be in place between the Tenant Plans Participant and Other Action Dates attached hereto as Schedule 4. If Landlord disapproves of any Plans, such disapproval shall state in reasonable detail Landlord's objections and conditionsrelevant Government body (whether pursuant to the Scottish Capital Investment Manual process or otherwise), and Tenant shall have the Plans revised by its architect to incorporate all reasonable objections and conditions presented by Landlord and shall resubmit may also include design information, tenants' requirements, business cases or other such Plans to Landlord. Landlord shall respond to such revised Plans within five (5) business days (or ten (10) business days in the case of a major redesign) of receipt thereof. Such process shall be followed until the Final Plans shall have been approved by the Landlord without objection or condition. Tenant shall use reasonable speed and diligence to complete the Plans within the time frames set forth in the Tenant Plans and Other Action Dates attached hereto as Schedule 4. Landlord’s review and approval of any such plans and specifications and consent to perform work described therein shall not be deemed an agreement by Landlord that such plans, specifications and work conform with applicable Legal Requirements and/or Insurance Requirements nor deemed a waiver of Tenant’s obligations under this Lease with respect to applicable Legal Requirements and Insurance Requirements nor impose any liability or obligation upon Landlord with respect to the completeness, design sufficiency or compliance of such plans, specifications and work with applicable Legal Requirements and Insurance Requirements nor give right to any other parties. Further, Tenant acknowledges that Tenant is acting for its own benefit and account, and that Tenant shall not be acting as Landlord’s agent in performing any work in the Premises, accordingly, to the fullest extent permitted under applicable Legal Requirements, no contractor, subcontractor or supplier shall have a right to lien Landlord’s interest in the Property in connection with any such work. No deviation from the Tenant’s Plans shall be made by Tenant except by written change order approved by Landlord in accordance with the standards set forth in this Section 2.0(C) for Landlord’s approval of Tenant’s Plansinformation.

Planning Process. (a) Tenant shall select an architect (“Tenant’s Architect”) for the preparation of Tenant’s plans. Tenant’s Architect shall be licensed by the Commonwealth of Massachusetts and subject to Landlord’s prior written approval, not to be unreasonably withheld, delayed or conditioned. Landlord hereby approves ▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇▇ as Tenant’s Architect. Tenant shall direct Tenant’s Architect in the preparation of Tenant’s plans, and Landlord shall have no direct relationship with Tenant’s Architect and no responsibility for the timing, manner or content of the production of Tenant’s plans, all of which shall be Tenant’s sole responsibility. Landlord shall, at Tenant’s direction, enter into a contract with Tenant’s Architect for the preparation of Tenant’s plans, but Tenant acknowledges that the sole purpose of Landlord entering into such a contract on Tenant’s behalf is to facilitate use of the Special Allowance (as hereinafter defined) to pay the fees of Tenant’s Architect (“Tenant’s Architect’s Fees”). (b) Tenant shall, not later than on or before the outside dates set forth in Schedule 4 to this Exhibit B. subject to delays due to Landlord DelayB-2, submit to Landlord for Landlord's ’s approval an initial set of plans ("“Initial Plans"”), progress plans from time to time ("“Interim Plans"”) and a full set of construction drawings (as the same may thereafter be modified by any Change Orders approved by Landlord and Tenant, the "“Final Plans"”) for Tenant's Tenant Improvement Work (collectively, collectively “the "Plans"”). The Final Plans shall contain at least the information required by, and shall conform to the requirements of, Schedule 5 and shall be coordinated with the design of Exhibit B-1. (c) Landlord's Work to the Premises. Landlord shall not unreasonably withhold or delay its ’s approval of the Initial Plans, Plans and the Interim Plans, or Plans (and the Final Plans, howeverprovided that the Final Plans are consistent with the Initial Plans and the Interim Plans and contain at least the information required by, and conform to the requirements of, said Exhibit B-1), shall not be unreasonably withheld, conditioned or delayed and shall comply with the requirements to avoid aesthetic or other conflicts with the design and function of the balance of the Building. Landlord's determination ’s approval is solely given for the benefit of matters relating Landlord under this Article IV and neither Tenant nor any third party shall have the right to aesthetic issues relating to alterations or changes which are visible outside rely upon Landlord’s approval of Tenant’s plans for any other purpose whatsoever. Without limiting the foregoing, Tenant shall be responsible for all elements of the design of Tenant’s plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Premises and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval of Tenant’s plans shall be in Landlord's sole discretion. no event relieve Tenant of the responsibility for such design. (d) Landlord agrees to respond to any Initial Plans within twenty-one days (21) of receipt thereof and to Interim Plans and the Final Plans within twenty-one (21) days of receipt thereof. If Landlord shall fail to respond to any Initial Plans, Interim Plans or the Final Plans within fifteen twenty-one (1521) business days of receipt thereof. Landlord shall respond with reasonable promptness to , then Tenant may, at any time after the expiration of eighteen (18) days after Tenant's reasonable requests for advice in connection with the preparation ’s submission of the Plans plans in question give Landlord another request (“Second Request”) therefor, which shall clearly identify the plans in question and state in bold face, capital letters at the top thereof: “WARNING: SECOND REQUEST. FAILURE TO RESPOND TO THIS REQUEST WITHIN THREE (3) BUSINESS DAYS SHALL RESULT IN DEEMED APPROVAL THEREOF.” If Landlord does not respond within a reasonable time three (3) business days after their submission. Landlord shall reasonably cooperate with Tenant's diligent preparation of and delivery to Landlord of ftilly coordinated documents required under Schedule 5 to this Exhibit B and shall use reasonable efforts to cause Landlord's engineers to respond and cooperate with Tenant with reasonable promptness in the preparation of and delivery to Landlord receipt of the PlansSecond Request, in accordance with the time periods provided for in the Tenant Plans and Other Action Dates attached hereto as Schedule 4. Tenant’s submission shall be deemed approved. (e) If Landlord disapproves of any Plans, then Tenant shall, within ten (10) days of receipt of such disapproval shall state in reasonable detail Landlord's objections and conditionsdisapproval, and Tenant shall have the Plans revised by its architect Tenant’s Architect to incorporate all reasonable objections and conditions presented by Landlord and resubmitted to Landlord (provided, however, that Tenant shall have fourteen (14) days to resubmit the Plans in the case a major redesign is required as the result of such disapproval) or such shorter period of time as may be required to meet the time frames set forth in the Plans to Landlordand Construction Schedule attached hereto as Exhibit B-2. Such process shall be followed until the Plans shall have been approved by Landlord without objection or condition. Landlord shall respond to such revised the resubmission of any Plans by Tenant within five (5) business days of Landlord’s receipt thereof (or ten fourteen (1014) business days in the case of a major redesign). (f) of receipt thereof. Such process shall be followed until the Final Plans shall have been approved by the Landlord without objection or condition. Tenant shall use reasonable speed and diligence to complete prepare the Plans within the time frames set forth in the Tenant Plans and Other Action Dates Construction Schedule attached hereto as Schedule 4Exhibit B-2. Landlord’s review and If no time period is specified in Exhibit B-2 or elsewhere in this Article IV for any action which must be taken by Tenant in connection with the approval of any the Plans or the performance of the Tenant Improvement Work, Tenant shall be required to take such plans and specifications and consent action within five (5) business days after Tenant receives a written request from Landlord to perform work described therein shall not be deemed an agreement by Landlord that take such plans, specifications and work conform with applicable Legal Requirements and/or Insurance Requirements nor deemed a waiver action. Time is of the essence of Tenant’s obligations under this Lease with respect obligation to applicable Legal Requirements and Insurance Requirements nor impose any liability or obligation upon Landlord with respect to prepare the completeness, design sufficiency or compliance of such plans, specifications and work with applicable Legal Requirements and Insurance Requirements nor give right to any other parties. Further, Tenant acknowledges that Tenant is acting for its own benefit and account, and that Tenant shall not be acting as Landlord’s agent in performing any work in the Premises, accordingly, to the fullest extent permitted under applicable Legal Requirements, no contractor, subcontractor or supplier shall have a right to lien Landlord’s interest in the Property in connection with any such work. No deviation from the Tenant’s Plans shall be made by Tenant except by written change order approved by Landlord in accordance with the standards set forth in this Section 2.0(C) for Plans and Construction Schedule, except to the extent that Tenant is delayed by Landlord’s approval of Tenantfailure to act in a timely manner in accordance with this Article IV. To the extent Tenant is delayed by Landlord’s Plansfailure to act in a timely manner in accordance with this Article IV, no such Tenant Delay shall be deemed to have occurred.