Common use of Preliminary Plans Clause in Contracts

Preliminary Plans. If the plans and specifications referenced in Exhibit "C" are final plans and specifications, such final plans and specifications are hereinafter referred to as the "Final Plans," and the remainder of this Section shall be inoperative. If the plans and specifications referenced in Exhibit "C" are preliminary plans, Landlord shall prepare final working drawings and outlined specifications for the Work and submit such plans and specifications to Tenant for its approval as soon as reasonably possible after execution of this First Amendment. Tenant shall approve or disapprove such drawings and specifications within ten (10) days after receipt from Landlord. Tenant shall have the right to disapprove such drawings and specifications only if they materially differ from the plans and specifications attached hereto. If Tenant disapproves such drawings and specifications, Landlord and Tenant shall promptly meet in an attempt to resolve any dispute regarding such drawings and specifications. If the parties are unable to agree upon the final working drawings and specifications for the Work within ten (10) days, Landlord may, at Landlord's option, either (1) terminate this First Amendment upon ten (10) days prior written notice to Tenant, in which case neither Landlord nor Tenant shall have further liability to the other, or (2) submit the matter to conclusive and binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association to determine whether Tenant properly disapproved the drawings and specifications, given the standard for disapproval specified in this Section 2. Final working drawings and specifications prepared in accordance with this subsection 2(b) approved by Landlord and Tenant are hereinafter referred to as the "Final Plans."

Preliminary Plans. If the plans and specifications referenced in Exhibit "C" attached hereto are final plans and specifications, such final plans and specifications are hereinafter referred to as the "Final Plans," ", and the remainder of this Section Paragraph shall be inoperative. If the plans and specifications referenced in Exhibit "C" attached hereto are preliminary plans, Landlord shall prepare final working drawings and outlined specifications for the Work and submit such plans and specifications to Tenant for its approval as soon as reasonably possible after execution of this First Amendmenton or before March 13, 1997. Tenant shall approve or disapprove such drawings and specifications within ten (10three ( 3 ) days after receipt from Landlord. Tenant shall have the right to disapprove such drawings and specifications only if they materially differ from the plans and specifications attached hereto. If Tenant disapproves such drawings and specifications, Landlord and Tenant shall promptly meet in an attempt to resolve any dispute regarding such drawings and specifications. If the parties are unable to agree upon the final working drawings and specifications for the Work within ten (10) dayson or before March 20, 1997, Landlord may, at Landlord's option, either (1a) terminate this First Amendment Lease upon ten seven (107) days days' prior written notice to Tenant, in which case neither Landlord nor Tenant shall have further liability to the other, or (2b) submit the matter to conclusive and binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association to determine whether Tenant properly disapproved the drawings and specifications, given the standard for disapproval specified in this Section 2Association. Final working drawings and specifications prepared in accordance with this subsection 2(b) Paragraph 2 and approved by Landlord and Tenant (or determined by arbitration as set forth above) are hereinafter referred to as the "Final Plans"."

Preliminary Plans. If Within days after the plans Parties have mutually executed and specifications referenced in Exhibit "C" are final plans and specificationsdelivered this Lease, such final plans and specifications are hereinafter referred to as the "Final Plans," and the remainder of this Section shall be inoperative. If the plans and specifications referenced in Exhibit "C" are preliminary plans, Landlord Lessor shall prepare final working drawings and outlined specifications for the Work and submit such preliminary plans and specifications to Tenant for its approval as soon as reasonably possible after execution of this First Amendment. Tenant shall approve or disapprove such drawings and specifications within ten (10) days after receipt from Landlord. Tenant shall have the right to disapprove such drawings and specifications only if they materially differ from the plans and specifications attached hereto. If Tenant disapproves such drawings and specifications, Landlord and Tenant shall promptly meet in an attempt to resolve any dispute regarding such drawings and specifications. If the parties are unable to agree upon the final working drawings and specifications for the Work completion of the Improvements (“Preliminary Plans”). The Preliminary Plans shall itemize the work to be done by each Party, including, an estimate of the cost any work required of Lessor which is not a Standard Improvement. Lessee shall approve the Preliminary Plans and the preliminary cost estimate or specify with particularity Lessee’s objection thereto within ten (10) daysdays following delivery thereof by ▇▇▇▇▇▇. ▇▇▇▇▇▇’s failure to timely approve or disapprove the Preliminary Plans and the preliminary cost estimate shall constitute ▇▇▇▇▇▇’s approval thereof. If Lessee shall disapprove all or any part of the Preliminary Plans, Landlord mayand the Preliminary Plans cannot in good faith be modified within 10 days after such disapproval to be acceptable to both Lessor and Lessee, at Landlord's option, either (1) then this Lease shall terminate this First Amendment upon ten (10) days prior written notice to Tenant, in which case neither Landlord nor Tenant shall have further liability thereof by one Party to the other, Lessor shall refund to Lessee any Security Deposit or (2) submit prepaid rent by Lessee, less the matter to conclusive and binding arbitration in accordance with the Commercial Arbitration Rules cost of the American Arbitration Association to determine whether Tenant properly disapproved the drawings Preliminary Plans, legal fees and specifications, given the standard for disapproval specified other costs incurred by Lessor in this Section 2. Final working drawings and specifications prepared in accordance connection with this subsection 2(b) Lease, and neither Party shall thereafter have any obligation, liability or responsibility to the other Party for any reason whatsoever having to do with this Lease. The Preliminary Plans, when approved by Landlord and Tenant are hereinafter referred to as ▇▇▇▇▇▇, shall supersede any prior agreement of the "Final PlansParties concerning the Improvements."

Preliminary Plans. If the plans and specifications referenced in Exhibit "C" Schedule 1 are final plans and specifications, such final plans and specifications are hereinafter referred to as the "Final Plans," and the remainder of this Section Paragraph shall be inoperative. If the plans and specifications referenced in Exhibit "C" Schedule 1 are preliminary plans, Landlord shall prepare final working drawings and outlined specifications for the Work and submit such plans and specifications to Tenant for its approval as soon as reasonably possible after execution of this First Amendmentthe Lease. Tenant shall approve or disapprove such drawings and specifications within ten (10) days after receipt from Landlord. Tenant shall have the right to disapprove such drawings and specifications only if they materially differ from the plans and specifications attached hereto. If Tenant disapproves such drawings and specifications, Landlord and Tenant shall promptly meet in an attempt to resolve any dispute regarding such drawings and specifications. If the parties are unable to agree upon the final working drawings and specifications for the Work within ten (10) days, Landlord may, at Landlord's option, either (1) terminate this First Amendment Lease upon ten thirty (1030) days prior written notice to Tenant, in which case neither Landlord nor Tenant shall have further liability to the other, or (2) submit the matter to conclusive and binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association to determine whether Tenant properly disapproved the drawings and specifications, given the standard for disapproval specified in this Section 2R-2 above. Final working drawings and specifications prepared in accordance with this subsection 2(b) Paragraph R-2 and approved by Landlord and Tenant are hereinafter referred to as the "Final Plans."