Common use of Submission of Plans Clause in Contracts

Submission of Plans. Tenant shall be solely responsible for the timely (as more fully set forth below) preparation and submission to Landlord of the schematic design drawings (“Schematic Design Drawings for Landlord’s TI Work”), design development drawings (“Design Development Drawings for Landlord’s TI Work”) and of the final full sets of scaled and dimensioned construction documents, including architectural, electrical, mechanical, plumbing, sprinkler, life safety and other construction drawings, plans and specifications (“Construction Drawings for Landlord’s TI Work”, and together with the Schematic Design Drawings for Landlord’s TI Work and the Design Development Drawings for Landlord’s TI Work, the “TI Plans”) (the final Construction Drawings for Landlord’s TI Work as approved by Landlord and Tenant pursuant to this Section 4.2 being herein referred to as the “Approved TI Plans”) necessary to construct the tenant improvements in the Premises for Tenant’s occupancy, as well as the ancillary equipment to be installed by Landlord as part of Landlord’s TI Work to specifically serve the Premises, which plans shall (i) be certified by an architect or engineer licensed in the Commonwealth of Massachusetts, (ii) comply with all applicable laws, (iii) be submitted to Landlord sufficiently early to meet the Plan Approval Deadlines set forth below and (iv) be subject to approval (in form and substance) by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed). Xxxxxxxx’s approval is solely given for the benefit of Landlord, and neither Tenant nor any third party shall have the right to rely upon Landlord’s approval of any of the TI Plans for any purpose whatsoever. Landlord shall respond to any plan submission by Tenant within five (5) business days after (i) Landlord’s receipt of the original submission (except that Landlord shall have seven (7) business days to respond to Tenant’s submission of the Construction Drawings) and (ii) Landlord’s receipt of any resubmission. If Landlord fails to respond within such five (5) business day period, and such failure continues for five (5) business days after notice thereof, the applicable TI Plans shall be deemed approved. In the event Landlord’s approval of the any TI Plans is withheld or conditioned, Landlord shall send written notification to Tenant (“Landlord’s Notification”) thereof within the applicable period set forth above, which shall include a reasonably detailed statement identifying the reasons for such refusal or condition. Tenant shall promptly (and in any event within five (5) business days after delivery of the applicable Landlord’s Notification) have the Construction Drawings for Landlord’s TI Work incorporate the matters referred to in Landlord’s Notification, or, in the event a Landlord’s Notification is given with respect to the Construction Drawings for Landlord’s TI Work, have such Construction Drawings revised by its architect to incorporate all reasonable objections and conditions presented by Xxxxxxxx’s Notification and shall resubmit Construction Drawings for Landlord’s TI Work to Landlord within five (5) business days of Landlord’s Notification. Such process shall be followed until the Construction Drawings for Landlord’s TI Work shall have been approved by Landlord without unreasonable objection or condition. Notwithstanding anything herein to the contrary, Tenant shall submit to Landlord:

Submission of Plans. Tenant shall be solely responsible for the timely (Except as more fully otherwise expressly set forth belowherein, prior to making any Alterations, Tenant (i) preparation and submission shall submit to Landlord of the schematic design drawings or to a consultant appointed by Landlord (“Schematic Design Drawings for "Landlord’s TI Work”), design development drawings (“Design Development Drawings for Landlord’s TI Work”'s Consultant") and of the final full sets of scaled and dimensioned construction documents, including architectural, electrical, mechanical, plumbing, sprinkler, life safety and other construction drawings, detailed plans and specifications (“Construction Drawings for Landlord’s TI Work”including layout, architectural, mechanical, electrical, plumbing, Class E sprinkler and together with the Schematic Design Drawings for Landlord’s TI Work and the Design Development Drawings for Landlord’s TI Work, the “TI Plans”) (the final Construction Drawings for Landlord’s TI Work as approved structural drawings stamped by Landlord and Tenant pursuant to this Section 4.2 being herein referred to as the “Approved TI Plans”) necessary to construct the tenant improvements in the Premises for Tenant’s occupancy, as well as the ancillary equipment to be installed by Landlord as part of Landlord’s TI Work to specifically serve the Premises, which plans shall (i) be certified by an a professional engineer or architect or engineer licensed in the Commonwealth State of MassachusettsNew York) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's approval of such plans and specifications, (ii) comply shall pay to Landlord all reasonable costs and expenses incurred by Landlord (including the cost of Landlord's Consultant) in connection with Landlord's review of Tenant's plans and specifications, (iii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies, and (iv) shall furnish to Landlord duplicate original policies or certificates thereof of worker's compensation insurance (covering all persons to be employed by Tenant, and Tenant's contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insureds. Landlord or Landlord's Consultant shall respond to Tenant with respect to Tenant's submission of detailed plans and specifications within ten (10) business days after receipt of such submission. In the event Landlord or Landlord's Consultant does not respond within such ten (10) business day period, Tenant may send Landlord a notice stating that, if Landlord does not respond to Tenant's submission within ten (10) business days after receipt by Landlord of such notice, Tenant's submission shall be deemed approved. If Landlord or Landlord's Consultant fails to respond to such notice within ten (10) business days after receipt thereof, Landlord's consent shall be deemed given therefor. Upon completion of such Alteration, Tenant, at Tenant's expense, shall obtain certificates of final approval of such Alteration, including the "as-built" drawings showing such Alterations, required by any governmental or quasigovernmental bodies and shall furnish Landlord with copies thereof. All Alterations shall be made and performed in accordance with the Rules and Regulations (hereinafter defined) and in accordance with the Americans with Disabilities Act of 1990, including, but not limited to, the accessibility provisions thereof; all construction materials and equipment to be incorporated in the Premises as a result of all Alterations shall be new and first quality; no such construction materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement except for equipment owned by Tenant and subject to purchase money financing security interests of the vendors thereof. Landlord's approval of Tenant's plans, specifications and working drawings for Alterations shall create no responsibility or liability on the part of Landlord with respect to their completeness, design, sufficiency or compliance with all applicable laws, (iii) be submitted to Landlord sufficiently early to meet the Plan Approval Deadlines set forth below and (iv) be subject to approval (in form and substance) by Landlord (which approval shall not be unreasonably withheld, conditioned rules or delayed). Xxxxxxxx’s approval is solely given for the benefit regulations of Landlord, and neither Tenant nor any third party shall have the right to rely upon Landlord’s approval of any of the TI Plans for any purpose whatsoever. Landlord shall respond to any plan submission by Tenant within five (5) business days after (i) Landlord’s receipt of the original submission (except that Landlord shall have seven (7) business days to respond to Tenant’s submission of the Construction Drawings) and (ii) Landlord’s receipt of any resubmission. If Landlord fails to respond within such five (5) business day period, and such failure continues for five (5) business days after notice thereof, the applicable TI Plans shall be deemed approved. In the event Landlord’s approval of the any TI Plans is withheld governmental agencies or conditioned, Landlord shall send written notification to Tenant (“Landlord’s Notification”) thereof within the applicable period set forth above, which shall include a reasonably detailed statement identifying the reasons for such refusal or condition. Tenant shall promptly (and in any event within five (5) business days after delivery of the applicable Landlord’s Notification) have the Construction Drawings for Landlord’s TI Work incorporate the matters referred to in Landlord’s Notification, or, in the event a Landlord’s Notification is given with respect to the Construction Drawings for Landlord’s TI Work, have such Construction Drawings revised by its architect to incorporate all reasonable objections and conditions presented by Xxxxxxxx’s Notification and shall resubmit Construction Drawings for Landlord’s TI Work to Landlord within five (5) business days of Landlord’s Notification. Such process shall be followed until the Construction Drawings for Landlord’s TI Work shall have been approved by Landlord without unreasonable objection or condition. Notwithstanding anything herein to the contrary, Tenant shall submit to Landlord:authorities.

Submission of Plans. Prior to making any Alterations, Tenant (i) shall be solely responsible for the timely (as more fully set forth below) preparation and submission submit to Landlord of the schematic design drawings or to a consultant appointed by Landlord (“Schematic Design Drawings for "Landlord’s TI Work”), design development drawings (“Design Development Drawings for Landlord’s TI Work”'s "Consultant") and of the final full sets of scaled and dimensioned construction documents, including architectural, electrical, mechanical, plumbing, sprinkler, life safety and other construction drawings, detailed plans and specifications (“Construction Drawings for Landlord’s TI Work”including layout, architectural, mechanical, electrical, plumbing, Class E sprinkler and together with the Schematic Design Drawings for Landlord’s TI Work and the Design Development Drawings for Landlord’s TI Work, the “TI Plans”) (the final Construction Drawings for Landlord’s TI Work as approved structural drawings stamped by Landlord and Tenant pursuant to this Section 4.2 being herein referred to as the “Approved TI Plans”) necessary to construct the tenant improvements in the Premises for Tenant’s occupancy, as well as the ancillary equipment to be installed by Landlord as part of Landlord’s TI Work to specifically serve the Premises, which plans shall (i) be certified by an a professional engineer or architect or engineer licensed in the Commonwealth State of MassachusettsNew York) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's approval of such plans and specifications, (ii) comply shall pay to Landlord all costs and expenses incurred by Landlord (including the cost of Landlord's Consultant) in connection with Landlord's review of Tenant's plans and specifications, (iii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies, and (iv) shall furnish to Landlord duplicate original policies of worker's compensation insurance (covering all persons to be employed by Tenant, and Tenant's contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insureds. Upon notice to Tenant, Landlord or Landlord's Consultant may assume responsibility, at Tenant's expense, to file all plans and obtain the necessary building permits, which filing and the obtaining of building permits, if undertaken, shall be accomplished within fifteen (15) working days following the date of notice to Tenant that Landlord or Landlord's Consultant is assuming responsibility therefor, subject to any delays caused by the City of New York. Upon completion of such Alteration, Tenant, at Tenant's expense, shall obtain certificates of final approval of such Alteration, including the "as-built" drawings showing such Alterations, required by any governmental or quasi-governmental bodies and shall furnish Landlord with copies thereof. All Alterations shall be made and performed in accordance with the Rules and Regulations (hereinafter defined) and in accordance with the Americans with Disabilities Act of 1990, including but not limited to the accessibility provisions thereof; all materials and equipment to be incorporated in the Premises as a result of all Alterations shall be new and first quality; no such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement. In the event any Alterations are performed by a general partner of Landlord or any entity which is under the common control of Landlord or any general partner of Landlord, the failure by Tenant to pay the cost of such Alterations upon rendition of a xxxx therefor shall be deemed a material default under this Lease. Landlord's approval of Tenant's plans, specifications and working drawings for Alterations shall create no responsibility or liability on the part of Landlord with respect to their completeness, design, sufficiency or compliance with all applicable laws, (iii) be submitted to Landlord sufficiently early to meet the Plan Approval Deadlines set forth below and (iv) be subject to approval (in form and substance) by Landlord (which approval shall not be unreasonably withheld, conditioned rules or delayed). Xxxxxxxx’s approval is solely given for the benefit regulations of Landlord, and neither Tenant nor any third party shall have the right to rely upon Landlord’s approval of any of the TI Plans for any purpose whatsoever. Landlord shall respond to any plan submission by Tenant within five (5) business days after (i) Landlord’s receipt of the original submission (except that Landlord shall have seven (7) business days to respond to Tenant’s submission of the Construction Drawings) and (ii) Landlord’s receipt of any resubmission. If Landlord fails to respond within such five (5) business day period, and such failure continues for five (5) business days after notice thereof, the applicable TI Plans shall be deemed approved. In the event Landlord’s approval of the any TI Plans is withheld governmental agencies or conditioned, Landlord shall send written notification to Tenant (“Landlord’s Notification”) thereof within the applicable period set forth above, which shall include a reasonably detailed statement identifying the reasons for such refusal or condition. Tenant shall promptly (and in any event within five (5) business days after delivery of the applicable Landlord’s Notification) have the Construction Drawings for Landlord’s TI Work incorporate the matters referred to in Landlord’s Notification, or, in the event a Landlord’s Notification is given with respect to the Construction Drawings for Landlord’s TI Work, have such Construction Drawings revised by its architect to incorporate all reasonable objections and conditions presented by Xxxxxxxx’s Notification and shall resubmit Construction Drawings for Landlord’s TI Work to Landlord within five (5) business days of Landlord’s Notification. Such process shall be followed until the Construction Drawings for Landlord’s TI Work shall have been approved by Landlord without unreasonable objection or condition. Notwithstanding anything herein to the contrary, Tenant shall submit to Landlord:authorities.

Submission of Plans. Prior to making any Alterations, Tenant (i) shall be solely responsible for the timely (as more fully set forth below) preparation and submission submit to Landlord of the schematic design drawings or to a consultant appointed by Landlord (“Schematic Design Drawings for Landlord’s TI Work”), design development drawings (“Design Development Drawings for Landlord’s TI WorkConsultant”) and of the final full sets of scaled and dimensioned construction documents, including architectural, electrical, mechanical, plumbing, sprinkler, life safety and other construction drawings, detailed plans and specifications (“Construction Drawings for Landlord’s TI Work”including layout, architectural, mechanical, electrical, plumbing, Class E sprinkler and together with the Schematic Design Drawings for Landlord’s TI Work and the Design Development Drawings for Landlord’s TI Work, the “TI Plans”) (the final Construction Drawings for Landlord’s TI Work as approved structural drawings stamped by Landlord and Tenant pursuant to this Section 4.2 being herein referred to as the “Approved TI Plans”) necessary to construct the tenant improvements in the Premises for Tenant’s occupancy, as well as the ancillary equipment to be installed by Landlord as part of Landlord’s TI Work to specifically serve the Premises, which plans shall (i) be certified by an a professional engineer or architect or engineer licensed in the Commonwealth State of MassachusettsNew York) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord’s approval of such plans and specifications, (ii) comply shall pay to Landlord all costs and expenses incurred by Landlord (including the cost of Landlord’s Consultant) in connection with Landlord’s review of Tenant’s plans and specifications, (iii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies, and (iv) shall furnish to Landlord duplicate original policies of worker’s compensation insurance (covering all persons to be employed by Tenant, and Tenant’s contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insureds. Upon notice to Tenant, Landlord or Landlord’s Consultant may assume responsibility, at Tenant’s expense, to file all plans and obtain the necessary building permits, which filing and the obtaining of building permits, if undertaken, shall be accomplished within fifteen (15) working days following the date of notice to Tenant that Landlord or Landlord’s Consultant is assuming responsibility therefor, subject to any delays caused by the City of New York. Upon completion of such Alteration, Tenant, at Tenant’s expense, shall obtain certificates of final approval of such Alteration, including the “as-built” drawings showing such Alterations, required by any governmental or quasi-governmental bodies and shall furnish Landlord with copies thereof. All Alterations shall be made arid performed in accordance with the Rules and Regulations (hereinafter defined) and in accordance with the Americans with Disabilities Act of 1 990, including but not limited to the accessibility provisions thereof; all materials and equipment to be incorporated in the Premises as a result of all Alterations shall be new and first quality; no such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement. In the event any Alterations are performed by a general partner of Landlord or any entity which is under the common control of Landlord or any general partner of Landlord, the failure by Tenant to pay the cost of such Alterations upon rendition of a xxxx therefor shall be deemed a material default under this Lease. Landlord’s approval of Tenant’s plans, specifications and working drawings for Alterations shall create no responsibility or liability on the part of Landlord with respect to their completeness, design, sufficiency or compliance with all applicable laws, (iii) be submitted to Landlord sufficiently early to meet the Plan Approval Deadlines set forth below and (iv) be subject to approval (in form and substance) by Landlord (which approval shall not be unreasonably withheld, conditioned rules or delayed). Xxxxxxxx’s approval is solely given for the benefit regulations of Landlord, and neither Tenant nor any third party shall have the right to rely upon Landlord’s approval of any of the TI Plans for any purpose whatsoever. Landlord shall respond to any plan submission by Tenant within five (5) business days after (i) Landlord’s receipt of the original submission (except that Landlord shall have seven (7) business days to respond to Tenant’s submission of the Construction Drawings) and (ii) Landlord’s receipt of any resubmission. If Landlord fails to respond within such five (5) business day period, and such failure continues for five (5) business days after notice thereof, the applicable TI Plans shall be deemed approved. In the event Landlord’s approval of the any TI Plans is withheld governmental agencies or conditioned, Landlord shall send written notification to Tenant (“Landlord’s Notification”) thereof within the applicable period set forth above, which shall include a reasonably detailed statement identifying the reasons for such refusal or condition. Tenant shall promptly (and in any event within five (5) business days after delivery of the applicable Landlord’s Notification) have the Construction Drawings for Landlord’s TI Work incorporate the matters referred to in Landlord’s Notification, or, in the event a Landlord’s Notification is given with respect to the Construction Drawings for Landlord’s TI Work, have such Construction Drawings revised by its architect to incorporate all reasonable objections and conditions presented by Xxxxxxxx’s Notification and shall resubmit Construction Drawings for Landlord’s TI Work to Landlord within five (5) business days of Landlord’s Notification. Such process shall be followed until the Construction Drawings for Landlord’s TI Work shall have been approved by Landlord without unreasonable objection or condition. Notwithstanding anything herein to the contrary, Tenant shall submit to Landlord:authorities.

Submission of Plans. Prior to making any Alterations (except for Decorative Changes), Tenant (i) shall be solely responsible for the timely (as more fully set forth below) preparation and submission submit to Landlord of the schematic design drawings or to a consultant appointed by Landlord (“Schematic Design Drawings for "Landlord’s TI Work”), design development drawings (“Design Development Drawings for Landlord’s TI Work”'s Consultant") and of the final full sets of scaled and dimensioned construction documents, including architectural, electrical, mechanical, plumbing, sprinkler, life safety and other construction drawings, detailed plans and specifications (“Construction Drawings for Landlord’s TI Work”including layout, architectural, mechanical, electrical, plumbing, Class E sprinkler and together with the Schematic Design Drawings for Landlord’s TI Work and the Design Development Drawings for Landlord’s TI Work, the “TI Plans”) (the final Construction Drawings for Landlord’s TI Work as approved structural drawings stamped by Landlord and Tenant pursuant to this Section 4.2 being herein referred to as the “Approved TI Plans”) necessary to construct the tenant improvements in the Premises for Tenant’s occupancy, as well as the ancillary equipment to be installed by Landlord as part of Landlord’s TI Work to specifically serve the Premises, which plans shall (i) be certified by an a professional engineer or architect or engineer licensed in the Commonwealth State of MassachusettsNew York) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's approval of such plans and specifications, (ii) comply shall pay to Landlord all reasonable costs and expenses incurred by Landlord (including the cost of Landlord's Consultant) in connection with Landlord's review of Tenant's plans and specifications, which amount shall not exceed $3,500.00, (iii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies, and (iv) shall furnish to Landlord evidence that Tenant, and Tenant's contractors and subcontractors engaged in connection with such Alterations, are carrying such insurance as Landlord may require, as more particularly set forth in Schedule E annexed hereto and made a part hereof. Landlord shall approve or disapprove Tenant's plans and specifications for such Alterations within ten (10) business days. Upon completion of such Alteration, Tenant, at Tenant's expense, shall obtain certificates of final approval of such Alteration, including the "as-built" drawings showing such Alterations, required by any governmental or quasi-governmental bodies and shall furnish Landlord with copies thereof. All Alterations shall be made and performed in accordance with the Rules and Regulations (hereinafter defined) and in accordance with the Americans with Disabilities Act of 1990, including but not limited to the accessibility provisions thereof; all materials and equipment to be incorporated in the Premises as a result of all Alterations shall be new and first quality; no such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement. Tenant agrees to allow Landlord's designated contractor to bid on any Alterations to be performed by or on behalf of Tenant. Landlord's approval of Tenant's plans, specifications and working drawings for Alterations shall create no responsibility or liability on the part of Landlord with respect to their completeness, design, sufficiency or compliance with all applicable laws, (iii) be submitted to Landlord sufficiently early to meet the Plan Approval Deadlines set forth below and (iv) be subject to approval (in form and substance) by Landlord (which approval shall not be unreasonably withheld, conditioned rules or delayed). Xxxxxxxx’s approval is solely given for the benefit regulations of Landlord, and neither Tenant nor any third party shall have the right to rely upon Landlord’s approval of any of the TI Plans for any purpose whatsoever. Landlord shall respond to any plan submission by Tenant within five (5) business days after (i) Landlord’s receipt of the original submission (except that Landlord shall have seven (7) business days to respond to Tenant’s submission of the Construction Drawings) and (ii) Landlord’s receipt of any resubmission. If Landlord fails to respond within such five (5) business day period, and such failure continues for five (5) business days after notice thereof, the applicable TI Plans shall be deemed approved. In the event Landlord’s approval of the any TI Plans is withheld governmental agencies or conditioned, Landlord shall send written notification to Tenant (“Landlord’s Notification”) thereof within the applicable period set forth above, which shall include a reasonably detailed statement identifying the reasons for such refusal or condition. Tenant shall promptly (and in any event within five (5) business days after delivery of the applicable Landlord’s Notification) have the Construction Drawings for Landlord’s TI Work incorporate the matters referred to in Landlord’s Notification, or, in the event a Landlord’s Notification is given with respect to the Construction Drawings for Landlord’s TI Work, have such Construction Drawings revised by its architect to incorporate all reasonable objections and conditions presented by Xxxxxxxx’s Notification and shall resubmit Construction Drawings for Landlord’s TI Work to Landlord within five (5) business days of Landlord’s Notification. Such process shall be followed until the Construction Drawings for Landlord’s TI Work shall have been approved by Landlord without unreasonable objection or condition. Notwithstanding anything herein to the contrary, Tenant shall submit to Landlord:authorities.

Submission of Plans. Prior to making any Alterations, Tenant (i) shall be solely responsible for the timely (as more fully set forth below) preparation and submission submit to Landlord of the schematic design drawings or to a consultant appointed by Landlord (“Schematic Design Drawings for "Landlord’s TI Work”), design development drawings (“Design Development Drawings for Landlord’s TI Work”'s Consultant") and of the final full sets of scaled and dimensioned construction documents, including architectural, electrical, mechanical, plumbing, sprinkler, life safety and other construction drawings, detailed plans and specifications (“Construction Drawings for Landlord’s TI Work”including layout, architectural, mechanical, electrical, plumbing, Class E sprinkler and together with the Schematic Design Drawings for Landlord’s TI Work and the Design Development Drawings for Landlord’s TI Work, the “TI Plans”) (the final Construction Drawings for Landlord’s TI Work as approved structural drawings stamped by Landlord and Tenant pursuant to this Section 4.2 being herein referred to as the “Approved TI Plans”) necessary to construct the tenant improvements in the Premises for Tenant’s occupancy, as well as the ancillary equipment to be installed by Landlord as part of Landlord’s TI Work to specifically serve the Premises, which plans shall (i) be certified by an a professional engineer or architect or engineer licensed in the Commonwealth State of MassachusettsNew York) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's approval of such plans and specifications, (ii) comply with all applicable laws, (iii) be submitted to Landlord sufficiently early to meet the Plan Approval Deadlines set forth below and (iv) be subject to approval (in form and substance) by Landlord (which approval shall not be unreasonably withheld, conditioned delayed or delayed). Xxxxxxxx’s approval is solely given for the benefit of Landlordotherwise conditioned, and neither Tenant nor any third party shall have the right to rely upon Landlord’s approval of any of the TI Plans for any purpose whatsoever. Landlord shall respond to any plan submission by Tenant within five (5) business days after (i) Landlord’s receipt of the original submission (except that Landlord shall have seven (7) business days to respond to Tenant’s submission of the Construction Drawings) and (ii) shall pay to Landlord the reasonable costs and expenses incurred by Landlord (including the reasonable cost of Landlord's Consultant) in connection with Landlord's review of Tenant's plans and specifications, (iii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental bodies, and (iv) shall furnish to Landlord reasonable evidence that Tenant, and Tenant's contractors and subcontractors engaged in connection with such Alterations, are carrying such insurance as Landlord may require, as more particularly set forth in Schedule “D” annexed hereto and made a part hereof. Upon completion of such Alteration, Tenant, at Tenant's expense, shall obtain certificates of final approval of such Alteration, including the "as-built" drawings showing such Alterations, if same are required by any governmental bodies and shall furnish Landlord with copies thereof. All Alterations shall be made and performed in accordance with the Rules and Regulations (hereinafter defined) and in accordance with the Americans with Disabilities Act of 1990, as amended, including but not limited to the accessibility provisions thereof; all materials and equipment to be incorporated in the Premises as a result of all Alterations shall be new and first quality; no such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement. Tenant agrees to allow Landlord’s receipt designated contractor to bid on any Alterations to be performed by or on behalf of any resubmissionTenant. If Landlord fails to respond within such five (5) business day period, and such failure continues for five (5) business days after notice thereof, the applicable TI Plans shall be deemed approved. In the event Landlord’s designated contractor is the lowest bidding contractor, Tenant agrees to award the contract for the performance of such Alterations to such contractor. Landlord's approval of Tenant's plans, specifications and working drawings for Alterations shall create no responsibility or liability on the any TI Plans is withheld or conditioned, part of Landlord shall send written notification to Tenant (“Landlord’s Notification”) thereof within the applicable period set forth above, which shall include a reasonably detailed statement identifying the reasons for such refusal or condition. Tenant shall promptly (and in any event within five (5) business days after delivery of the applicable Landlord’s Notification) have the Construction Drawings for Landlord’s TI Work incorporate the matters referred to in Landlord’s Notification, or, in the event a Landlord’s Notification is given with respect to the Construction Drawings for Landlord’s TI Worktheir completeness, have such Construction Drawings revised by its architect to incorporate design, sufficiency or compliance with all reasonable objections and conditions presented by Xxxxxxxx’s Notification and shall resubmit Construction Drawings for Landlord’s TI Work to Landlord within five (5) business days applicable laws, rules or regulations of Landlord’s Notification. Such process shall be followed until the Construction Drawings for Landlord’s TI Work shall have been approved by Landlord without unreasonable objection governmental agencies or condition. Notwithstanding anything herein to the contrary, Tenant shall submit to Landlord:authorities.

Submission of Plans. Prior to making any Alterations, Tenant (i) shall be solely responsible for the timely (as more fully set forth below) preparation and submission submit to Landlord of the schematic design drawings or to a consultant appointed by Landlord (“Schematic Design Drawings for "Landlord’s TI Work”), design development drawings (“Design Development Drawings for Landlord’s TI Work”'s Consultant") and of the final full sets of scaled and dimensioned construction documents, including architectural, electrical, mechanical, plumbing, sprinkler, life safety and other construction drawings, detailed plans and specifications (“Construction Drawings for Landlord’s TI Work”including layout, architectural, mechanical, electrical, plumbing, Class E sprinkler and together with the Schematic Design Drawings for Landlord’s TI Work and the Design Development Drawings for Landlord’s TI Work, the “TI Plans”) (the final Construction Drawings for Landlord’s TI Work as approved structural drawings stamped by Landlord and Tenant pursuant to this Section 4.2 being herein referred to as the “Approved TI Plans”) necessary to construct the tenant improvements in the Premises for Tenant’s occupancy, as well as the ancillary equipment to be installed by Landlord as part of Landlord’s TI Work to specifically serve the Premises, which plans shall (i) be certified by an a professional engineer or architect or engineer licensed in the Commonwealth State of MassachusettsNew York) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's acceptance of such plans and specifications, which acceptance shall be granted or withheld in accordance with the terms of Subsection A hereof, (ii) comply shall pay to Landlord all reasonable out-of-pocket costs and expenses incurred by Landlord (including the cost of Landlord's Consultant) in connection with Landlord's review of Tenant's plans and specifications, (iii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies, and (iv) shall furnish to Landlord evidence that Tenant, and Tenant's contractors and subcontractors engaged in connection with such Alterations, are carrying such insurance as Landlord may require, as more particularly set forth in Schedule D annexed hereto and made a part hereof. Upon completion of such Alteration, Tenant, at Tenant's expense, shall obtain certificates of final approval of such Alteration, including the "as-built" or marked drawings showing such Alterations, required by any governmental or quasi-governmental bodies and shall furnish Landlord with copies thereof. All Alterations shall be made and performed in accordance with the Rules and Regulations (hereinafter defined) and in accordance with the Americans with Disabilities Act of 1990, including but not limited to the accessibility provisions thereof; all materials and equipment to be incorporated in the Premises as a result of all Alterations shall be new and first quality; no such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement. In the event any Alterations are performed by Landlord's designated contractor or any entity which is an affiliate of Landlord or any general partner or managing member of Landlord, the failure by Tenant to pay the cost of such Alterations within ten (10) business days after rendition of a xxxx therefor and notice and a reasonable opportunity to cure shall be deemed a material default under this Lease. Landlord's approval of Tenant's plans, specifications and working drawings for Alterations shall create no responsibility or liability on the part of Landlord with respect to their completeness, design, sufficiency or compliance with all applicable laws, (iii) be submitted to Landlord sufficiently early to meet the Plan Approval Deadlines set forth below and (iv) be subject to approval (in form and substance) by Landlord (which approval shall not be unreasonably withheld, conditioned rules or delayed). Xxxxxxxx’s approval is solely given for the benefit regulations of Landlord, and neither Tenant nor any third party shall have the right to rely upon Landlord’s approval of any of the TI Plans for any purpose whatsoever. Landlord shall respond to any plan submission by Tenant within five (5) business days after (i) Landlord’s receipt of the original submission (except that Landlord shall have seven (7) business days to respond to Tenant’s submission of the Construction Drawings) and (ii) Landlord’s receipt of any resubmission. If Landlord fails to respond within such five (5) business day period, and such failure continues for five (5) business days after notice thereof, the applicable TI Plans shall be deemed approved. In the event Landlord’s approval of the any TI Plans is withheld governmental agencies or conditioned, Landlord shall send written notification to Tenant (“Landlord’s Notification”) thereof within the applicable period set forth above, which shall include a reasonably detailed statement identifying the reasons for such refusal or condition. Tenant shall promptly (and in any event within five (5) business days after delivery of the applicable Landlord’s Notification) have the Construction Drawings for Landlord’s TI Work incorporate the matters referred to in Landlord’s Notification, or, in the event a Landlord’s Notification is given with respect to the Construction Drawings for Landlord’s TI Work, have such Construction Drawings revised by its architect to incorporate all reasonable objections and conditions presented by Xxxxxxxx’s Notification and shall resubmit Construction Drawings for Landlord’s TI Work to Landlord within five (5) business days of Landlord’s Notification. Such process shall be followed until the Construction Drawings for Landlord’s TI Work shall have been approved by Landlord without unreasonable objection or condition. Notwithstanding anything herein to the contrary, Tenant shall submit to Landlord:authorities.

Submission of Plans. Prior to making any Alterations requiring Landlord's consent, Tenant (i) shall be solely responsible for the timely (as more fully set forth below) preparation and submission submit to Landlord of the schematic design drawings or to a consultant appointed by Landlord (“Schematic Design Drawings for Landlord’s TI Work”), design development drawings (“Design Development Drawings for Landlord’s TI Work”"LANDLORD'S CONSULTANT") and of the final full sets of scaled and dimensioned construction documents, including architectural, electrical, mechanical, plumbing, sprinkler, life safety and other construction drawings, detailed plans and specifications (“Construction Drawings for Landlord’s TI Work”including, if applicable, layout, architectural, mechanical, electrical, plumbing, Class E sprinkler and together with the Schematic Design Drawings for Landlord’s TI Work and the Design Development Drawings for Landlord’s TI Work, the “TI Plans”) (the final Construction Drawings for Landlord’s TI Work as approved structural drawings stamped by Landlord and Tenant pursuant to this Section 4.2 being herein referred to as the “Approved TI Plans”) necessary to construct the tenant improvements in the Premises for Tenant’s occupancy, as well as the ancillary equipment to be installed by Landlord as part of Landlord’s TI Work to specifically serve the Premises, which plans shall (i) be certified by an a professional engineer or architect or engineer licensed in the Commonwealth State of MassachusettsNew York) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's approval of such plans and specifications, which approval shall be granted or denied within twenty (20) days after Tenant's written request therefor, (ii) comply shall pay to Landlord all reasonable actual out-of-pocket costs and expenses incurred by Landlord (including the cost of Landlord's Consultant, provided same is an unrelated third party) in connection with Landlord's review of Tenant's plans and specifications, (iii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies, and (iv) shall furnish to Landlord duplicate original policies of worker's compensation insurance (covering all persons to be employed by Tenant, and Tenant's contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably approve, naming Landlord and its agents as additional insureds. Upon notice to Tenant, Landlord or Landlord's Consultant may assume responsibility, at Tenant's expense, to file all plans and obtain the necessary building permits, which filing and the obtaining of building permits, if undertaken, shall be accomplished within fifteen (15) working days following the date of notice to Tenant that Landlord or Landlord's Consultant is assuming responsibility therefor, subject to any delays caused by the City of New York. Upon completion of such Alteration, Tenant, at Tenant's expense, shall obtain certificates of final approval of such Alteration, including the "as-built" drawings showing such Alterations, required by any governmental or quasigovernmental bodies and shall furnish Landlord with copies thereof. All Alterations shall be made and performed in accordance with the Rules and Regulations (as hereinafter defined) and in accordance with the Americans with Disabilities Act of 1990, including but not limited to the accessibility provisions thereof; all materials and equipment to be incorporated in the Premises as a result of all Alterations shall be of good quality; no such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement. Landlord's approval of Tenant's plans, specifications and working drawings for Alterations shall create no responsibility or liability on the part of Landlord with respect to their completeness, design, sufficiency or compliance with all applicable laws, (iii) be submitted to Landlord sufficiently early to meet the Plan Approval Deadlines set forth below and (iv) be subject to approval (in form and substance) by Landlord (which approval shall not be unreasonably withheld, conditioned rules or delayed). Xxxxxxxx’s approval is solely given for the benefit regulations of Landlord, and neither Tenant nor any third party shall have the right to rely upon Landlord’s approval of any of the TI Plans for any purpose whatsoever. Landlord shall respond to any plan submission by Tenant within five (5) business days after (i) Landlord’s receipt of the original submission (except that Landlord shall have seven (7) business days to respond to Tenant’s submission of the Construction Drawings) and (ii) Landlord’s receipt of any resubmission. If Landlord fails to respond within such five (5) business day period, and such failure continues for five (5) business days after notice thereof, the applicable TI Plans shall be deemed approved. In the event Landlord’s approval of the any TI Plans is withheld governmental agencies or conditioned, Landlord shall send written notification to Tenant (“Landlord’s Notification”) thereof within the applicable period set forth above, which shall include a reasonably detailed statement identifying the reasons for such refusal or condition. Tenant shall promptly (and in any event within five (5) business days after delivery of the applicable Landlord’s Notification) have the Construction Drawings for Landlord’s TI Work incorporate the matters referred to in Landlord’s Notification, or, in the event a Landlord’s Notification is given with respect to the Construction Drawings for Landlord’s TI Work, have such Construction Drawings revised by its architect to incorporate all reasonable objections and conditions presented by Xxxxxxxx’s Notification and shall resubmit Construction Drawings for Landlord’s TI Work to Landlord within five (5) business days of Landlord’s Notification. Such process shall be followed until the Construction Drawings for Landlord’s TI Work shall have been approved by Landlord without unreasonable objection or condition. Notwithstanding anything herein to the contrary, Tenant shall submit to Landlord:authorities.

Submission of Plans. Prior to making any Alterations, Tenant (I) shall be solely responsible for the timely (as more fully set forth below) preparation and submission submit to Landlord of the schematic design drawings or to a consultant appointed by Landlord (“Schematic Design Drawings for "Landlord’s TI Work”), design development drawings (“Design Development Drawings for Landlord’s TI Work”'s Consultant") and of the final full sets of scaled and dimensioned construction documents, including architectural, electrical, mechanical, plumbing, sprinkler, life safety and other construction drawings, detailed plans and specifications (“Construction Drawings for Landlord’s TI Work”including layout, architectural, mechanical, electrical, plumbing, Class E sprinkler and together with the Schematic Design Drawings for Landlord’s TI Work and the Design Development Drawings for Landlord’s TI Work, the “TI Plans”) (the final Construction Drawings for Landlord’s TI Work as approved structural drawings stamped by Landlord and Tenant pursuant to this Section 4.2 being herein referred to as the “Approved TI Plans”) necessary to construct the tenant improvements in the Premises for Tenant’s occupancy, as well as the ancillary equipment to be installed by Landlord as part of Landlord’s TI Work to specifically serve the Premises, which plans shall (i) be certified by an a professional engineer or architect or engineer licensed in the Commonwealth State of MassachusettsNew York) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's acceptance of such plans and specifications, (ii) comply with all applicable laws, (iii) be submitted to Landlord sufficiently early to meet the Plan Approval Deadlines set forth below and (iv) be subject to approval (in form and substance) by Landlord (which approval acceptance shall not be unreasonably withheld, conditioned or delayed). Xxxxxxxx’s approval is solely given for the benefit of Landlorddelayed with respect to Non-Structural Alterations only, and neither Tenant nor any third party shall have the right to rely upon Landlord’s approval of any of the TI Plans for any purpose whatsoever. Landlord shall respond to any plan submission by Tenant within five (5) business days after (i) Landlord’s receipt of the original submission (except that Landlord shall have seven (7) business days to respond to Tenant’s submission of the Construction Drawings) and (ii) shall pay to Landlord all reasonable costs and expenses incurred by Landlord (including the cost of Landlord’s receipt 's Consultant) in connection with Landlord's review of Tenant's plans and specifications (provided, however, Landlord agrees to waive its right to reimbursement of such costs incurred in connection with Landlord's Initial Construction), (iii) shall, at its expense, obtain all permits, approvals and certificates required by any resubmission. If Landlord fails to respond within such five (5) business day periodgovernmental or quasi-governmental bodies, and (iv) shall furnish to Landlord evidence that Tenant, and Tenant's contractors and subcontractors engaged in connection with such failure continues for five (5) business days after notice Alterations, are carrying such insurance as Landlord may reasonably require, as more particularly set forth in Schedule C annexed hereto and made a part hereof. Upon completion of such Alteration, Tenant, at Tenant's expense, shall obtain any certificates of final approval of such Alteration, including the "as-built" drawings showing such Alterations, required by any governmental or quasi-governmental bodies and shall furnish Landlord with copies thereof, the applicable TI Plans . All Alterations shall be deemed approved. In made and performed in accordance with the event Landlord’s approval of the any TI Plans is withheld or conditioned, Landlord shall send written notification to Tenant Rules and Regulations (“Landlord’s Notification”hereinafter defined) thereof within the applicable period set forth above, which shall include a reasonably detailed statement identifying the reasons for such refusal or condition. Tenant shall promptly (and in any event within five (5) business days after delivery accordance with the Americans with Disabilities Act of 1990, including but not limited to the applicable Landlord’s Notification) have the Construction Drawings for Landlord’s TI Work incorporate the matters referred accessibility provisions thereof; all materials and equipment to in Landlord’s Notification, or, be incorporated in the event Premises as a result of all Alterations shall be new and first quality; no such materials or equipment to be incorporated into the Premises shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement. Landlord’s Notification is given 's acceptance of Tenant's plans, specifications and working drawings for Alterations shall create no responsibility or liability on the part of Landlord with respect to the Construction Drawings for Landlord’s TI Worktheir completeness, have such Construction Drawings revised by its architect to incorporate design, sufficiency or compliance with all reasonable objections and conditions presented by Xxxxxxxx’s Notification and shall resubmit Construction Drawings for Landlord’s TI Work to Landlord within five (5) business days applicable laws, rules or regulations of Landlord’s Notification. Such process shall be followed until the Construction Drawings for Landlord’s TI Work shall have been approved by Landlord without unreasonable objection governmental agencies or condition. Notwithstanding anything herein to the contrary, Tenant shall submit to Landlord:authorities.

Submission of Plans. Prior to making any Alterations, other than Minor Alterations, Tenant (i) shall be solely responsible for the timely (as more fully set forth below) preparation and submission submit to Landlord of the schematic design drawings or to a consultant appointed by Landlord (“Schematic Design Drawings for "Landlord’s TI Work”), design development drawings 's Consultant") two (“Design Development Drawings for Landlord’s TI Work”2) and of the final full sets of scaled and dimensioned construction documents, including architectural, electrical, mechanical, plumbing, sprinkler, life safety and other construction drawings, detailed plans and specifications (“Construction Drawings for Landlord’s TI Work”including, to the extent applicable, layout, architectural, mechanical, electrical, plumbing, proposed floor and together with the Schematic Design Drawings for Landlord’s TI Work electrical loads, sprinkler and the Design Development Drawings for Landlord’s TI Work, the “TI Plans”) (the final Construction Drawings for Landlord’s TI Work as approved structural drawings stamped by Landlord and Tenant pursuant to this Section 4.2 being herein referred to as the “Approved TI Plans”) necessary to construct the tenant improvements in the Premises for Tenant’s occupancy, as well as the ancillary equipment to be installed by Landlord as part of Landlord’s TI Work to specifically serve the Premises, which plans shall (i) be certified by an a professional engineer or architect or engineer licensed in the Commonwealth State of Massachusetts, (iiNew York) comply with all applicable laws, (iii) be submitted to Landlord sufficiently early to meet the Plan Approval Deadlines set forth below for each proposed Alteration and (iv) be subject to approval (in form and substance) by Landlord (which approval shall not commence any such Alteration without first obtaining Landlord's approval of such plans and specifications, such approval not to be unreasonably withheld, conditioned or delayed). Xxxxxxxx’s approval is solely given for the benefit of Landlord, and neither Tenant nor any third party shall have the right to rely upon Landlord’s approval of any of the TI Plans for any purpose whatsoever. Landlord shall respond to any plan submission by Tenant within five (5) business days after (i) Landlord’s receipt of the original submission (except that Landlord shall have seven (7) business days to respond to Tenant’s submission of the Construction Drawings) and (ii) shall pay to Landlord all costs and expenses reasonably incurred by Landlord (including the cost of Landlord’s receipt 's Consultant) in connection with Landlord's review of Tenant's plans and specifications, capped at $3,500.00, (iii) shall, at its expense, obtain all permits, approvals and certificates required by any resubmissiongovernmental or quasi-governmental bodies, and (iv) shall furnish to Landlord evidence that Tenant, and Xxxxxx's contractors and subcontractors engaged in connection with such Alterations, are carrying such insurance as Landlord may require. If Upon completion of such Alteration, Tenant, at Tenant's expense, shall obtain certificates of final approval of such Alteration, including the "as-built" drawings showing such Alterations, required by any governmental or quasi-governmental bodies and shall furnish Landlord with copies thereof. In the event Landlord fails to respond to Xxxxxx's request for consent to Alterations within such five fifteen (515) business day perioddays of Tenant's submission to Landlord of Tenant's plans, said plans (and such failure continues for five (5) business days after notice thereof, the applicable TI Plans shall be deemed approved. In any resubmission of same in the event Landlord’s approval of the any TI Plans is withheld or conditioned, such plans are reasonably disapproved by Landlord shall send written notification to Tenant (“Landlord’s Notification”) thereof within the applicable period set forth aboveperiod) shall deemed to be approved by Landlord, which shall include a reasonably detailed statement identifying the reasons for such refusal or condition. and Tenant shall promptly be entitled to commence construction of the Tenant's Alterations. If Landlord objects to or disapproves of any of Tenant's plans, it shall state its objections in writing, with reasonable specificity such that Tenant may amend its plans accordingly and re-submit same to Landlord for approval in accordance herewith. Landlord shall reasonably cooperate with Tenant in obtaining any required permits, approvals, and/or certificates required by any governmental or quasi-governmental bodies. All Alterations shall be made and performed in accordance with the Rules and Regulations (hereinafter defined) and in any event within five (5) business days after delivery accordance with all applicable laws and ordinances, including the Americans with Disabilities Act of 1990, including but not limited to the applicable Landlord’s Notification) have the Construction Drawings for Landlord’s TI Work incorporate the matters referred accessibility provisions thereof; all materials and equipment to in Landlord’s Notification, or, be incorporated in the event Premises as a Landlord’s Notification is given result of all Alterations shall be new and first quality; no such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement. Xxxxxxxx's approval of Xxxxxx's plans, specifications and working drawings for Alterations shall create no responsibility or liability on the part of Landlord with respect to the Construction Drawings for Landlord’s TI Worktheir completeness, have such Construction Drawings revised by its architect to incorporate design, sufficiency or compliance with all reasonable objections and conditions presented by Xxxxxxxx’s Notification and shall resubmit Construction Drawings for Landlord’s TI Work to Landlord within five (5) business days applicable laws, rules or regulations of Landlord’s Notification. Such process shall be followed until the Construction Drawings for Landlord’s TI Work shall have been approved by Landlord without unreasonable objection governmental agencies or condition. Notwithstanding anything herein to the contrary, Tenant shall submit to Landlord:authorities.

Submission of Plans. Prior to making any Alterations, other than Minor Alterations, Tenant (i) shall be solely responsible for the timely (as more fully set forth below) preparation and submission submit to Landlord of the schematic design drawings or to a consultant appointed by Landlord (“Schematic Design Drawings for "Landlord’s TI Work”), design development drawings 's Consultant") three (“Design Development Drawings for Landlord’s TI Work”3) and of the final full sets of scaled and dimensioned construction documents, including architectural, electrical, mechanical, plumbing, sprinkler, life safety and other construction drawings, detailed plans and specifications (“Construction Drawings for Landlord’s TI Work”including layout, architectural, mechanical, electrical, plumbing, proposed floor and together with the Schematic Design Drawings for Landlord’s TI Work electrical loads, sprinkler and the Design Development Drawings for Landlord’s TI Work, the “TI Plans”) (the final Construction Drawings for Landlord’s TI Work as approved structural drawings stamped by Landlord and Tenant pursuant to this Section 4.2 being herein referred to as the “Approved TI Plans”) necessary to construct the tenant improvements in the Premises for Tenant’s occupancy, as well as the ancillary equipment to be installed by Landlord as part of Landlord’s TI Work to specifically serve the Premises, which plans shall (i) be certified by an a professional engineer or architect or engineer licensed in the Commonwealth State of MassachusettsNew York) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's approval of such plans and specifications, (ii) comply with all applicable laws, (iii) be submitted to Landlord sufficiently early to meet the Plan Approval Deadlines set forth below and (iv) be subject to approval (in form and substance) by Landlord (which approval shall not be unreasonably withheld, conditioned delayed or delayed). Xxxxxxxx’s approval is solely given for conditioned, (ii) shall pay to Landlord all out-of-pocket costs and expenses incurred by Landlord (including the benefit cost of Landlord's Consultant) in connection with Landlord's review of Tenant's plans and specifications, (iii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies, and neither Tenant nor any third party (iv) shall have the right furnish to rely upon Landlord’s Landlord evidence that Tenant, and Tenant's contractors and subcontractors engaged in connection with such Alterations, are carrying such insurance as Landlord may reasonably require. Upon completion of such Alteration, Tenant, at Tenant's expense, shall obtain certificates of final approval of such Alteration required by any of governmental or quasi-governmental bodies and shall furnish Landlord with copies thereof, including the TI Plans for any purpose whatsoever"as-built" drawings showing such Alterations. In the event Landlord shall respond to any plan submission by Tenant within five (5) business days after (i) Landlord’s receipt of the original submission (except that Landlord shall have seven (7) business days fails to respond to Tenant’s 's request for consent to Alterations within fifteen (15) days of Tenant's submission to Landlord of Tenant's plans, said plans (and any resubmission of same in the event such plans are reasonably disapproved by Landlord within the applicable period) shall deemed to be approved by Landlord, and Tenant shall be entitled to commence construction of the Construction Drawings) and (ii) Landlord’s receipt of any resubmissionTenant's Alterations. If Landlord fails objects to respond within or disapproves of any of Tenant's plans, it shall state its objections in writing, with reasonable specificity such five (5) business day period, that Tenant may amend its plans accordingly and such failure continues re-submit same to Landlord for five (5) business days after notice thereof, the applicable TI Plans approval in accordance herewith. All Alterations shall be deemed approvedmade and performed in accordance with the Rules and Regulations (hereinafter defined) and in accordance with all applicable laws and ordinances, including the Americans with Disabilities Act of 1990, including but not limited to the accessibility provisions thereof; all materials and equipment to be incorporated in the Premises as a result of all Alterations shall be new and first quality of at least equal to Building standard; no such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement. In the event Landlord’s 's approval of Tenant's plans, specifications and working drawings for Alterations shall create no responsibility or liability on the any TI Plans is withheld or conditioned, part of Landlord shall send written notification to Tenant (“Landlord’s Notification”) thereof within the applicable period set forth above, which shall include a reasonably detailed statement identifying the reasons for such refusal or condition. Tenant shall promptly (and in any event within five (5) business days after delivery of the applicable Landlord’s Notification) have the Construction Drawings for Landlord’s TI Work incorporate the matters referred to in Landlord’s Notification, or, in the event a Landlord’s Notification is given with respect to the Construction Drawings for Landlord’s TI Worktheir completeness, have such Construction Drawings revised by its architect to incorporate design, sufficiency or compliance with all reasonable objections and conditions presented by Xxxxxxxx’s Notification and shall resubmit Construction Drawings for Landlord’s TI Work to Landlord within five (5) business days applicable laws, rules or regulations of Landlord’s Notification. Such process shall be followed until the Construction Drawings for Landlord’s TI Work shall have been approved by Landlord without unreasonable objection governmental agencies or condition. Notwithstanding anything herein to the contrary, Tenant shall submit to Landlord:authorities.

Submission of Plans. On or before the date which is thirty (30) days after the execution of this Lease (the “Plan Submittal Date”) Tenant shall be solely responsible for the timely (as more fully set forth below) preparation and submission deliver to Landlord of the schematic design architectural construction drawings (“Schematic Design Drawings for Landlord’s TI Work”), design development drawings which shall include (“Design Development Drawings for Landlord’s TI Work”I) and furniture plans showing details of the final full sets of scaled and dimensioned construction documents, including architectural, electrical, mechanical, plumbing, sprinkler, life safety and other construction drawings, plans and specifications (“Construction Drawings for Landlord’s TI Work”, and together with the Schematic Design Drawings for Landlord’s TI Work and the Design Development Drawings for Landlord’s TI Work, the “TI Plans”) (the final Construction Drawings for Landlord’s TI Work as approved by Landlord and Tenant pursuant to this Section 4.2 being herein referred to as the “Approved TI Plans”) necessary to construct the tenant improvements in the Premises for Tenant’s space occupancy, as well as the ancillary equipment to be installed by Landlord as part of Landlord’s TI Work to specifically serve the Premises, which plans shall (i) be certified by an architect or engineer licensed in the Commonwealth of Massachusetts, ; (ii) comply with all applicable laws, reflected ceiling plans; (iii) be submitted to Landlord sufficiently early to meet the Plan Approval Deadlines set forth below partition and door location plans; (iv) electrical and telephone plans noting any special requirements; (v) fire safety systems; (vi) detail plans; (vii) mechanical and electrical drawings for the Premises; and (viii) finish plans and schedules) and specifications for the Tenant Improvements to be performed in the Premises. Such architectural drawings and specifications shall be subject to approval (in form and substance) by Landlord (Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned unreasonbly withheld or delayed). Xxxxxxxx’s approval is solely given for the benefit of Landlord, and neither Tenant nor any third party shall have the right to rely upon Landlord’s approval of any of the TI Plans for any purpose whatsoever. Landlord shall respond to any plan submission by Tenant within five (5) business days after (i) Landlord’s receipt of the original submission (except that Landlord shall have seven (7) business days to respond to Tenant’s submission of the Construction Drawings) receipt by Landlord of a complete set of such architectural construction drawings and (ii) Landlord’s receipt of any resubmissionspecifications. If Landlord fails to respond within such five (5) business day period, and such failure continues for five (5) business days after notice thereof, does not approve the applicable TI Plans shall be deemed approved. In the event Landlord’s approval of the any TI Plans is withheld or conditionedsame, Landlord shall send written notification to advise Tenant (“in writing generally of the changes required in such architectural construction drawings and specifications so that they will meet with Landlord’s Notification”) thereof within the applicable period set forth above, which shall include a reasonably detailed statement identifying the reasons for such refusal or conditionapproval. Tenant shall promptly cause Tenant’s architects and engineers to revise such architectural construction drawings and specifications pursuant to Landlord’s comments and to deliver to Landlord, within seven (and in any event within five (57) business days after delivery receipt by Tenant of such comments, revised architectural construction drawings and specifications noting the applicable Landlord’s Notification) have the Construction Drawings changes for Landlord’s TI Work incorporate the matters referred approval. Landlord shall continue to in comment on such architectural construction drawings and specifications and Tenant shall continue to revise said architectural construction drawings and specifications are approved by Landlord’s Notification, or, in the event a Landlord’s Notification is given with respect to the Construction Drawings for Landlord’s TI Work, have such Construction Drawings revised by its architect to incorporate all reasonable objections and conditions presented by Xxxxxxxx’s Notification and shall resubmit Construction Drawings for Landlord’s TI Work to Landlord within five (5) business days of Landlord’s Notification. Such process shall be followed until the Construction Drawings for Landlord’s TI Work shall have been architectural construction drawings and specifications when approved by Landlord without unreasonable objection or condition. Notwithstanding anything are referred to herein to as the contrary, Tenant shall submit to Landlord:“Plans”.

Submission of Plans. Prior to making any Alterations that require Landlord’s consent, Tenant (i) shall be solely responsible for the timely (as more fully set forth below) preparation and submission submit to Landlord of the schematic design drawings or to a consultant appointed by Landlord (“Schematic Design Drawings for Landlord’s TI Work”), design development drawings (“Design Development Drawings for Landlord’s TI WorkConsultant”) and of the final full sets of scaled and dimensioned construction documents, including architectural, electrical, mechanical, plumbing, sprinkler, life safety and other construction drawings, detailed plans and specifications (“Construction Drawings for Landlord’s TI Work”including layout, architectural, mechanical, electrical, plumbing, Class E sprinkler and together with the Schematic Design Drawings for Landlord’s TI Work and the Design Development Drawings for Landlord’s TI Work, the “TI Plans”) (the final Construction Drawings for Landlord’s TI Work as approved structural drawings stamped by Landlord and Tenant pursuant to this Section 4.2 being herein referred to as the “Approved TI Plans”) necessary to construct the tenant improvements in the Premises for Tenant’s occupancy, as well as the ancillary equipment to be installed by Landlord as part of Landlord’s TI Work to specifically serve the Premises, which plans shall (i) be certified by an a professional engineer or architect or engineer licensed in the Commonwealth State of MassachusettsNew York) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord’s approval of such plans and specifications, (ii) comply shall pay to Landlord all reasonable, out of pocket costs and expenses incurred by Landlord (including the cost of Landlord’s Consultant) in connection with Landlord’s review of Tenant’s plans and specifications, (iii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies, and (iv) shall furnish to Landlord evidence that Tenant, and Tenant’s contractors and subcontractors engaged in connection with such Alterations, are carrying such insurance as Landlord may require, as more particularly set forth in Exhibit “E” annexed hereto and made a part hereof. Notwithstanding anything to the contrary herein, nothing herein shall require Tenant to pay any costs or expenses or obtain any approvals or permits with respect to Landlord’s Initial Construction. Upon completion of such Alteration, Tenant, at Tenant’s expense, shall obtain certificates of final approval of such Alteration, including the “as-built” drawings showing such Alterations, required by any governmental or quasi-governmental bodies and shall furnish Landlord with copies thereof. All Alterations shall be made and performed in accordance with the Rules and Regulations (hereinafter defined) and in accordance with the Americans with Disabilities Act of 1990, as amended, including but not limited to the accessibility provisions thereof; all materials and equipment to be incorporated in the Premises as a result of all Alterations shall be new and first quality; no such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement. Tenant agrees to allow Landlord’s designated contractor to bid on any Alterations to be performed by or on behalf of Tenant. Landlord’s approval of Tenant’s plans, specifications and working drawings for Alterations shall create no responsibility or liability on the part of Landlord with respect to their completeness, design, sufficiency or compliance with all applicable laws, (iii) be submitted to Landlord sufficiently early to meet the Plan Approval Deadlines set forth below and (iv) be subject to approval (in form and substance) by Landlord (which approval shall not be unreasonably withheld, conditioned rules or delayed). Xxxxxxxx’s approval is solely given for the benefit regulations of Landlord, and neither Tenant nor any third party shall have the right to rely upon Landlord’s approval of any of the TI Plans for any purpose whatsoever. Landlord shall respond to any plan submission by Tenant within five (5) business days after (i) Landlord’s receipt of the original submission (except that Landlord shall have seven (7) business days to respond to Tenant’s submission of the Construction Drawings) and (ii) Landlord’s receipt of any resubmission. If Landlord fails to respond within such five (5) business day period, and such failure continues for five (5) business days after notice thereof, the applicable TI Plans shall be deemed approved. In the event Landlord’s approval of the any TI Plans is withheld governmental agencies or conditioned, Landlord shall send written notification to Tenant (“Landlord’s Notification”) thereof within the applicable period set forth above, which shall include a reasonably detailed statement identifying the reasons for such refusal or condition. Tenant shall promptly (and in any event within five (5) business days after delivery of the applicable Landlord’s Notification) have the Construction Drawings for Landlord’s TI Work incorporate the matters referred to in Landlord’s Notification, or, in the event a Landlord’s Notification is given with respect to the Construction Drawings for Landlord’s TI Work, have such Construction Drawings revised by its architect to incorporate all reasonable objections and conditions presented by Xxxxxxxx’s Notification and shall resubmit Construction Drawings for Landlord’s TI Work to Landlord within five (5) business days of Landlord’s Notification. Such process shall be followed until the Construction Drawings for Landlord’s TI Work shall have been approved by Landlord without unreasonable objection or condition. Notwithstanding anything herein to the contrary, Tenant shall submit to Landlord:authorities.

Submission of Plans. Prior to making any Alterations, Tenant (i) shall be solely responsible for the timely (as more fully set forth below) preparation and submission submit to Landlord of the schematic design drawings or to a consultant appointed by Landlord (“Schematic Design Drawings for "Landlord’s TI Work”), design development drawings (“Design Development Drawings for Landlord’s TI Work”'s Consultant") and of the final full sets of scaled and dimensioned construction documents, including architectural, electrical, mechanical, plumbing, sprinkler, life safety and other construction drawings, detailed plans and specifications (“Construction Drawings for Landlord’s TI Work”including layout, architectural, mechanical, electrical, plumbing, Class E sprinkler and together with the Schematic Design Drawings for Landlord’s TI Work and the Design Development Drawings for Landlord’s TI Work, the “TI Plans”) (the final Construction Drawings for Landlord’s TI Work as approved structural drawings stamped by Landlord and Tenant pursuant to this Section 4.2 being herein referred to as the “Approved TI Plans”) necessary to construct the tenant improvements in the Premises for Tenant’s occupancy, as well as the ancillary equipment to be installed by Landlord as part of Landlord’s TI Work to specifically serve the Premises, which plans shall (i) be certified by an a professional engineer or architect or engineer licensed in the Commonwealth State of MassachusettsNew York) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's approval of such plans and specifications, which approval shall be granted or withheld in accordance with the terms of Subsection A hereof, (ii) comply shall pay to Landlord all reasonable out-of-pocket costs and expenses incurred by Landlord (including the cost of Landlord's Consultant) in connection with Landlord's review of Tenant's plans and specifications, (iii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies, and (iv) shall furnish to Landlord evidence that Tenant, and Tenant's contractors and subcontractors engaged in connection with such Alterations, are carrying such insurance as Landlord may require, as more particularly set forth in Schedule F annexed hereto and made a part hereof. Upon completion of such Alteration, Tenant, at Tenant's expense, shall obtain certificates of final approval of such Alteration, including the "as-built" or marked drawings showing such Alterations, required by any governmental or quasi-governmental bodies and shall furnish Landlord with copies thereof. All Alterations shall be made and performed in accordance with the Rules and Regulations (hereinafter defined) and in accordance with the Americans with Disabilities Act of 1990, including but not limited to the accessibility provisions thereof; all materials and equipment to be incorporated in the Premises as a result of all Alterations shall be new and first quality; no such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement. In the event any Alterations are performed by Landlord's designated contractor or any entity which is an affiliate of Landlord or any general partner or managing member of Landlord, the failure by Tenant to pay the cost of such Alterations within ten (10) business days after rendition of a xxxx therefor and notice and a reasonable opportunity to cure shall be deemed a material default under this Lease. Landlord's approval of Tenant's plans, specifications and working drawings for Alterations shall create no responsibility or liability on the part of Landlord with respect to their completeness, design, sufficiency or compliance with all applicable laws, (iii) be submitted to Landlord sufficiently early to meet the Plan Approval Deadlines set forth below and (iv) be subject to approval (in form and substance) by Landlord (which approval shall not be unreasonably withheld, conditioned rules or delayed). Xxxxxxxx’s approval is solely given for the benefit regulations of Landlord, and neither Tenant nor any third party shall have the right to rely upon Landlord’s approval of any of the TI Plans for any purpose whatsoever. Landlord shall respond to any plan submission by Tenant within five (5) business days after (i) Landlord’s receipt of the original submission (except that Landlord shall have seven (7) business days to respond to Tenant’s submission of the Construction Drawings) and (ii) Landlord’s receipt of any resubmission. If Landlord fails to respond within such five (5) business day period, and such failure continues for five (5) business days after notice thereof, the applicable TI Plans shall be deemed approved. In the event Landlord’s approval of the any TI Plans is withheld governmental agencies or conditioned, Landlord shall send written notification to Tenant (“Landlord’s Notification”) thereof within the applicable period set forth above, which shall include a reasonably detailed statement identifying the reasons for such refusal or condition. Tenant shall promptly (and in any event within five (5) business days after delivery of the applicable Landlord’s Notification) have the Construction Drawings for Landlord’s TI Work incorporate the matters referred to in Landlord’s Notification, or, in the event a Landlord’s Notification is given with respect to the Construction Drawings for Landlord’s TI Work, have such Construction Drawings revised by its architect to incorporate all reasonable objections and conditions presented by Xxxxxxxx’s Notification and shall resubmit Construction Drawings for Landlord’s TI Work to Landlord within five (5) business days of Landlord’s Notification. Such process shall be followed until the Construction Drawings for Landlord’s TI Work shall have been approved by Landlord without unreasonable objection or condition. Notwithstanding anything herein to the contrary, Tenant shall submit to Landlord:authorities.

Submission of Plans. Prior to making any Alterations, Tenant (i) shall be solely responsible for the timely (as more fully set forth below) preparation and submission submit to Landlord of the schematic design drawings or to a consultant appointed by Landlord (“Schematic Design Drawings for Landlord’s TI Work”), design development drawings (“Design Development Drawings for Landlord’s TI WorkConsultant”) and of the final full sets of scaled and dimensioned construction documents, including architectural, electrical, mechanical, plumbing, sprinkler, life safety and other construction drawings, detailed plans and specifications (“Construction Drawings for Landlord’s TI Work”including layout, architectural, mechanical, electrical, plumbing, Class E sprinkler and together with the Schematic Design Drawings for Landlord’s TI Work and the Design Development Drawings for Landlord’s TI Work, the “TI Plans”) (the final Construction Drawings for Landlord’s TI Work as approved structural drawings stamped by Landlord and Tenant pursuant to this Section 4.2 being herein referred to as the “Approved TI Plans”) necessary to construct the tenant improvements in the Premises for Tenant’s occupancy, as well as the ancillary equipment to be installed by Landlord as part of Landlord’s TI Work to specifically serve the Premises, which plans shall (i) be certified by an a professional engineer or architect or engineer licensed in the Commonwealth State of MassachusettsNew York) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord’s approval of such plans and specifications, (ii) comply with all applicable laws, (iii) be submitted to Landlord sufficiently early to meet the Plan Approval Deadlines set forth below and (iv) be subject to approval (in form and substance) by Landlord (which approval shall not be unreasonably withheld, conditioned delayed or delayed)otherwise conditioned, (ii) shall pay to Landlord the reasonable costs and expenses incurred by Landlord (including the reasonable cost of Landlord’s Consultant) in connection with Landlord’s review of Tenant’s plans and specifications, (iii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental bodies, and (iv) shall furnish to Landlord reasonable evidence that Tenant, and Tenant’s contractors and subcontractors engaged in connection with such Alterations, are carrying such insurance as Landlord may require, as more particularly set forth in Schedule “D” annexed hereto and made a part hereof. XxxxxxxxUpon completion of such Alteration, Tenant, at Tenant’s expense, shall obtain certificates of final approval of such Alteration, including the “as-built” drawings showing such Alterations, if same are required by any governmental bodies and shall furnish Landlord with copies thereof. All Alterations shall be made and performed in accordance with the Rules and Regulations (hereinafter defined) and in accordance with the Americans with Disabilities Act of 1990, as amended, including but not limited to the accessibility provisions thereof; all materials and equipment to be incorporated in the Premises as a result of all Alterations shall be new and first quality; no such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement. Tenant agrees to allow Landlord’s designated contractor to bid on any Alterations to be performed by or on behalf of Tenant. If Landlord’s designated contractor is solely given the lowest bidding contractor, Tenant agrees to award the contract for the benefit performance of Landlord, and neither Tenant nor any third party shall have the right such Alterations to rely upon such contractor. Landlord’s approval of any of the TI Plans for any purpose whatsoever. Landlord shall respond to any plan submission by Tenant within five (5) business days after (i) Landlord’s receipt of the original submission (except that Landlord shall have seven (7) business days to respond to Tenant’s submission plans, specifications and working drawings for Alterations shall create no responsibility or liability on the part of the Construction Drawings) and (ii) Landlord’s receipt of any resubmission. If Landlord fails to respond within such five (5) business day period, and such failure continues for five (5) business days after notice thereof, the applicable TI Plans shall be deemed approved. In the event Landlord’s approval of the any TI Plans is withheld or conditioned, Landlord shall send written notification to Tenant (“Landlord’s Notification”) thereof within the applicable period set forth above, which shall include a reasonably detailed statement identifying the reasons for such refusal or condition. Tenant shall promptly (and in any event within five (5) business days after delivery of the applicable Landlord’s Notification) have the Construction Drawings for Landlord’s TI Work incorporate the matters referred to in Landlord’s Notification, or, in the event a Landlord’s Notification is given with respect to the Construction Drawings for Landlord’s TI Worktheir completeness, have such Construction Drawings revised by its architect to incorporate design, sufficiency or compliance with all reasonable objections and conditions presented by Xxxxxxxx’s Notification and shall resubmit Construction Drawings for Landlord’s TI Work to Landlord within five (5) business days applicable laws, rules or regulations of Landlord’s Notification. Such process shall be followed until the Construction Drawings for Landlord’s TI Work shall have been approved by Landlord without unreasonable objection governmental agencies or condition. Notwithstanding anything herein to the contrary, Tenant shall submit to Landlord:authorities.