Common use of Submission of Plans Clause in Contracts

Submission of Plans. (a) Not later than the respective times set forth therefor in the Schedule of Performance and in accordance with the provisions set forth in Attachment No. 7, Developer shall submit to City the Plans for the Project to be constructed on the Site by Developer. In connection with processing any Plans, the City shall have the right to request such additional information or detail as City shall determine reasonably necessary in order for City to act upon any proposed submission, and the period for City review under the Schedule of Performance shall not commence until each submission is so completed. All Plans submitted to the City must be approved, conditionally approved or disapproved or rejected by City within the time set forth in this Agreement. City shall consider such plans in light of all Governmental Requirements, the Entitlements and any other Plans which have been previously approved by City, and architectural review requirements and aesthetic concerns and all AAA Four Diamond Requirements relating to the appearance of the Project (and the Design and Finish thereof) and to the appearance of all public spaces to be constructed in connection with the Project. The City and Developer shall communicate and consult informally, as frequently as is necessary, to ensure that the formal submission of all documents and Plans to the City can receive reasonably prompt and speedy consideration. Any approval by the City for purposes of this Agreement shall not waive, limit or satisfy any requirement for approval from the City under any Governmental Requirements or be construed or understood to create any time period or deadline for the City with respect to such actions in its municipal capacity; nor shall anything herein be construed to require the City to act in any particular way in connection with its approval of such plans. In the event of any disapproval, City shall, concurrently with delivery of the notice of such disapproval to Developer, inform Developer in writing of the reasons for disapproval and the required changes to the Plans or other submissions. Developer shall have ten (10) business days from receipt of any notice from the City specifying required changes (“Plan Disapproval Notice”), within which to notify City that Developer agrees to make such changes or objects to any requested changes. If Developer does not notify City in writing within such 10-day period of its objections to the requested changes, Developer shall be deemed to have approved all of such requested changes. If Developer timely notifies City of its objections to the requested changes, then the City and Developer shall meet at a mutually acceptable time to discuss the differences within ten

Submission of Plans. Within the time provided for by the LESSOR, the LESSEE shall submit the construction plan for the proposed installations, improvements, lighting fixtures, floor covering, and other installations as may be required by the nature and purpose of its business, and only after receipt of LESSOR’s prior written approval of the said floor plan, which approval shall not be unreasonably withheld, and submission to the LESSOR by the LESSEE of the necessary construction bond, the amount of which shall be solely determined by the LESSOR, shall LESSEE install and maintain said installations and improvements at its own expense. Any subsequent additions, alterations or changes to the approved plans shall be made only upon written consent of the LESSOR. The LESSEE shall also be responsible for securing all the necessary government permits or licenses as well as pay all taxes necessary for its operations. The LESSEE shall furnish the LESSOR copies of the said permits and licenses or any renewal thereof fifteen (a15) Not later than days from the respective times set forth therefor start of the LESSEE’s business and every renewal date thereof as required by law. The LESSEE must make a declaration of its maximum electrical load and enumerate thereat, in the Schedule checklist provided by the LESSOR, the electrical fixtures, appliances, equipment, facilities, etc. With the prior written approval of Performance the LESSOR, the LESSEE may install the necessary installations as may be required by its business provided the strength and general structure of the building or the premises are not thereby altered or otherwise adversely affected and, provided further, that the other conditions of this Contract are not thereby violated. Furthermore, the installation of additional plumbing, electrical appliances/equipment, telephone and teletype in accordance the premises shall be for the account of and expense of the LESSEE, and only after obtaining the prior written consent and approval of the LESSOR. Such installation(s) should be made in such a way as not to cause damage to the premises. Provided, however, that in the installation of additional electrical appliances wherein extra electrical outlets will be needed, the LESSEE shall first furnish the LESSOR with plans of such additional outlets for the LESSOR’s prior written approval. The LESSEE shall, at all times, cooperate with the provisions set forth LESSOR’s agent/representative in Attachment Nothe LESSOR’s regular inspection of the LESSEE’s electrical load. 7For this reason, Developer the LESSEE shall submit to City use only duly licensed electrician(s) who must ensure that the Plans for additional load of current shall be within the Project to be constructed capacity of the main switch of the panel on the Site by Developercorresponding floor. In connection The LESSEE further binds himself to comply strictly with processing any Plans, the City requirements of the Fire Department and/or Government Electrician. Any violation of this provision shall have make LESSEE liable for damages which may result directly or indirectly therefrom. The LESSOR reserves the right to request refuse any alterations, additions or improvements requested by the LESSEE if, in LESSOR’s opinion, there is just cause to warrant such additional information or detail as City refusal. STANDARD GTC – CYBERGATE (OFFICE) It is further agreed that all such installations and improvements, except the movable furniture put in at the expense of the LESSEE, shall determine reasonably necessary in order for City to act upon any proposed submissionremain upon, and be surrendered with the period for City review under premises as part thereof at the Schedule termination of Performance shall not commence until each submission is so completed. All Plans submitted the lease without compensation to the City must be approved, conditionally approved or disapproved or rejected by City within the time set forth in this Agreement. City shall consider such plans in light of all Governmental Requirements, the Entitlements and any other Plans which have been previously approved by CityLESSEE, and architectural review requirements and aesthetic concerns and all AAA Four Diamond Requirements relating without prejudice to the appearance right of the Project (and the Design and Finish thereof) and to the appearance of all public spaces to be constructed in connection with the Project. The City and Developer shall communicate and consult informally, as frequently as is necessary, to ensure that the formal submission of all documents and Plans to the City can receive reasonably prompt and speedy consideration. Any approval by the City for purposes of this Agreement shall not waive, limit or satisfy any requirement for approval from the City under any Governmental Requirements or be construed or understood to create any time period or deadline for the City with respect to such actions in its municipal capacity; nor shall anything herein be construed LESSOR to require the City LESSEE to act in any particular way in connection with restore the premises to its approval of such plans. In the event of any disapproval, City shall, concurrently with delivery of the notice of such disapproval to Developer, inform Developer in writing of the reasons for disapproval and the required changes to the Plans or other submissions. Developer shall have ten (10) business days from receipt of any notice from the City specifying required changes (“Plan Disapproval Notice”), within which to notify City that Developer agrees to make such changes or objects to any requested changes. If Developer does not notify City in writing within such 10-day period of its objections to the requested changes, Developer shall be deemed to have approved all of such requested changes. If Developer timely notifies City of its objections to the requested changes, then the City and Developer shall meet at a mutually acceptable time to discuss the differences within tenoriginal tenantable condition.

Submission of Plans. Prior to making any Alterations, Tenant (ai) Not later than the respective times set forth therefor shall submit to Landlord or to a consultant appointed by Landlord ("Landlord's Consultant") detailed plans and specifications (including layout, architectural, mechanical, electrical, plumbing, Class E sprinkler and structural drawings stamped by a professional engineer or architect licensed in the Schedule State of Performance New York) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's approval of such plans and specification, (ii) 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 set forth in Attachment No. 7, Developer shall submit to City the Plans for the Project thereof; all materials and equipment to be constructed on incorporated in the Site by Developer. In connection with processing any Plans, the City shall have the right to request such additional information or detail Premises as City shall determine reasonably necessary in order for City to act upon any proposed submission, and the period for City review under the Schedule of Performance shall not commence until each submission is so completed. All Plans submitted to the City must be approved, conditionally approved or disapproved or rejected by City within the time set forth in this Agreement. City shall consider such plans in light a result of all Governmental RequirementsAlterations shall be new and first quality; no such materials or equipment shall be subject to any Lien, the Entitlements and any other Plans which have been previously approved by Cityencumbrance, and architectural review requirements and aesthetic concerns and all AAA Four Diamond Requirements relating to the appearance of the Project (and the Design and Finish thereof) and to the appearance of all public spaces to be constructed in connection with the Project. The City and Developer shall communicate and consult informally, as frequently as is necessary, to ensure that the formal submission of all documents and Plans to the City can receive reasonably prompt and speedy consideration. Any approval by the City for purposes of this Agreement shall not waive, limit chattel mortgage or satisfy any requirement for approval from the City under any Governmental Requirements title retention or be construed or understood to create any time period or deadline for the City with respect to such actions in its municipal capacity; nor shall anything herein be construed to require the City to act in any particular way in connection with its approval of such planssecurity agreement. In the event any Alterations are performed by a general partner of Landlord or any disapprovalentity which is under the common control of Landlord or any general partner of Landlord, City shall, concurrently with delivery of the notice failure by Tenant to pay the cost of such disapproval to Developer, inform Developer in writing Alterations upon rendition of the reasons for disapproval and the required changes to the Plans or other submissions. Developer shall have ten (10) business days from receipt of any notice from the City specifying required changes (“Plan Disapproval Notice”), within which to notify City that Developer agrees to make such changes or objects to any requested changes. If Developer does not notify City in writing within such 10-day period of its objections to the requested changes, Developer 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 have approved their completeness, design, sufficiency or compliance with all applicable laws, rules or regulations of such requested changes. If Developer timely notifies City of its objections to the requested changes, then the City and Developer shall meet at a mutually acceptable time to discuss the differences within tengovernmental agencies or authorities.

Submission of Plans. (ai) Not later than Prior to making any Alterations, Tenant (i) shall submit to Landlord or to a consultant appointed by Landlord (“Landlord’s Consultant”) detailed plans and specifications (Including layout, architectural, mechanical, electrical, plumbing, Class E sprinkler and structural drawings stamped by a professional engineer or architect licensed in the respective times State of New 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 not be unreasonably withheld, conditioned or delayed, (ii) 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 up to a maximum of $4,500.00 for each review (however, the payment to Landlord by Tenant of such cost and expenses shall be limited to actual out-of-pocket expenses in connection with Tenant’s Initial Alteration Work), (iii) shall, at Tenant’s sole cost and expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies (provided that Landlord shall reasonably cooperate with Tenant and reasonably assist Tenant in Tenant’s obtaining any permits, approvals or certificates, including any permits, approvals or certificates required by the Landmarks Preservation Commission, however such cooperation shall be limited to execution of any required filings, which require a signature by landlord, and shall all be at no cost or expense to Landlord), 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 set forth therefor in Schedule C annexed hereto and made a part hereof. Upon completion of such Alteration, Tenant, at Tenant’s sole cost and expense, shall obtain certificates of final approval of such Alteration, including the Schedule of Performance “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 set forth in Attachment No. 7, Developer shall submit to City the Plans for the Project thereof; all materials and equipment to be constructed 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. Landlord’s approval of Tenant’s plans, specifications and working drawings for Alterations shall create no responsibility or liability on the Site by Developer. In connection with processing any Plans, the City shall have the right to request such additional information or detail as City shall determine reasonably necessary in order for City to act upon any proposed submission, and the period for City review under the Schedule part of Performance shall not commence until each submission is so completed. All Plans submitted to the City must be approved, conditionally approved or disapproved or rejected by City within the time set forth in this Agreement. City shall consider such plans in light of all Governmental Requirements, the Entitlements and any other Plans which have been previously approved by City, and architectural review requirements and aesthetic concerns and all AAA Four Diamond Requirements relating to the appearance of the Project (and the Design and Finish thereof) and to the appearance of all public spaces to be constructed in connection with the Project. The City and Developer shall communicate and consult informally, as frequently as is necessary, to ensure that the formal submission of all documents and Plans to the City can receive reasonably prompt and speedy consideration. Any approval by the City for purposes of this Agreement shall not waive, limit or satisfy any requirement for approval from the City under any Governmental Requirements or be construed or understood to create any time period or deadline for the City Landlord with respect to such actions in its municipal capacity; nor shall anything herein be construed to require the City to act in any particular way in connection their completeness, design, sufficiency or compliance with its approval all applicable laws, rules or regulations of such plans. In the event of any disapproval, City shall, concurrently with delivery of the notice of such disapproval to Developer, inform Developer in writing of the reasons for disapproval and the required changes to the Plans governmental agencies or other submissions. Developer shall have ten (10) business days from receipt of any notice from the City specifying required changes (“Plan Disapproval Notice”), within which to notify City that Developer agrees to make such changes or objects to any requested changes. If Developer does not notify City in writing within such 10-day period of its objections to the requested changes, Developer shall be deemed to have approved all of such requested changes. If Developer timely notifies City of its objections to the requested changes, then the City and Developer shall meet at a mutually acceptable time to discuss the differences within tenauthorities.

Submission of Plans. Prior to making any Alterations, Tenant (ai) Not later than the respective times set forth therefor shall submit to Landlord or to a consultant appointed by Landlord ("Landlord's Consultant") detailed plans and specifications (including layout, architectural, mechanical, electrical, plumbing, Class E sprinkler and structural drawings stamped by a professional engineer or architect licensed in the Schedule State of Performance New 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 this Article 3), (ii) 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 (which, with respect to Landlord's review of Tenant's plans and specifications for Tenant's Initial Alteration, shall not exceed $2,000.00), (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 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 set forth thereof; all materials and equipment to be incorporated in Attachment Nothe 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. 7Landlord agrees not to withhold or delay unreasonably its consent to any Alterations proposed to be made by Tenant to adapt the Premises for those business purposes permitted by subsection A of Article 2 hereof, Developer which are nonstructural and which do not affect the Building's mechanical, electrical, plumbing, Class E or other Building systems or the structural integrity of the Building, provided that such Alterations are performed only by contractors or mechanics reasonably approved by Landlord, do not affect any part of the Building other than the Premises, do not affect any service required to be furnished by Landlord to Tenant or to any other tenant or occupant of the Building, do not reduce the value or utility of the Building and are performed in compliance with all applicable laws. Tenant shall submit not perform work which would (i) require changes to City the Plans structural components of the Building or the exterior design of the Building, (ii) require any material modification to the Building's mechanical, electrical, plumbing installations or other Building installations outside the Premises, (iii) not be in compliance with all applicable laws, rules, regulations and requirements of any governmental department having jurisdiction over the Building and/or the construction of the Premises, including but not limited to, the Americans with Disabilities Act of 1990, or (iv) be incompatible with the Certificate of Occupancy for the Project to be constructed on the Site by Developer. In connection with processing any Plans, the City shall have the right to request such additional information or detail as City shall determine reasonably necessary in order for City to act upon any proposed submission, and the period for City review under the Schedule of Performance shall not commence until each submission is so completed. All Plans submitted to the City must be approved, conditionally approved or disapproved or rejected by City within the time set forth in this Agreement. City shall consider such plans in light of all Governmental Requirements, the Entitlements and any other Plans which have been previously approved by City, and architectural review requirements and aesthetic concerns and all AAA Four Diamond Requirements relating to the appearance of the Project (and the Design and Finish thereof) and to the appearance of all public spaces to be constructed in connection with the Project. The City and Developer shall communicate and consult informally, as frequently as is necessary, to ensure that the formal submission of all documents and Plans to the City can receive reasonably prompt and speedy consideration. Any approval by the City for purposes of this Agreement shall not waive, limit or satisfy any requirement for approval from the City under any Governmental Requirements or be construed or understood to create any time period or deadline for the City with respect to such actions in its municipal capacity; nor shall anything herein be construed to require the City to act in any particular way in connection with its approval of such plansBuilding. In the event any Alterations are performed by contractors approved by Landlord or any entity which is an affiliate of Landlord or any disapprovalgeneral partner or managing member of Landlord, City shall, concurrently with delivery of the notice failure by Tenant to pay the cost of such disapproval to Developer, inform Developer in writing Alterations upon rendition of the reasons for disapproval and the required changes to the Plans or other submissions. Developer shall have ten (10) business days from receipt of any notice from the City specifying required changes (“Plan Disapproval Notice”), within which to notify City that Developer agrees to make such changes or objects to any requested changes. If Developer does not notify City in writing within such 10-day period of its objections to the requested changes, Developer a xxxx therefore 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 have approved their completeness, design, sufficiency or compliance with all applicable laws, rules or regulations of such requested changes. If Developer timely notifies City of its objections to the requested changes, then the City and Developer shall meet at a mutually acceptable time to discuss the differences within tengovernmental agencies or authorities.

Submission of Plans. Except as permitted in Subsection A hereof, prior to making any Alterations, Tenant (ai) Not later than the respective times set forth therefor shall submit to Landlord or to a consultant appointed by Landlord ("Landlord's Consultant") detailed plans and specifications (including layout, architectural, mechanical, electrical, plumbing, Class E sprinkler and structural drawings stamped by a professional engineer or architect licensed in the Schedule State of Performance New York) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's acceptance of such plans and specifications, which approval shall be granted or withheld in accordance with the provisions terms of Subsection A hereof, (ii) shall pay to Landlord all reasonable third party 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 requires, as more particularly set forth in Attachment NoSchedule C annexed hereto and made a part hereof. 7, Developer Landlord shall submit respond to City the Plans Tenant's request for the Project to be constructed on the Site by Developer. In connection with processing any Plans, the City shall have the right to request such additional information or detail as City shall determine reasonably necessary in order for City to act upon any proposed submission, and the period for City review under the Schedule of Performance shall not commence until each submission is so completed. All Plans submitted to the City must be approved, conditionally approved or disapproved or rejected by City within the time set forth in this Agreement. City shall consider such plans in light of all Governmental Requirements, the Entitlements and any other Plans which have been previously approved by City, and architectural review requirements and aesthetic concerns and all AAA Four Diamond Requirements relating to the appearance of the Project (and the Design and Finish thereof) and to the appearance of all public spaces to be constructed in connection with the Project. The City and Developer shall communicate and consult informally, as frequently as is necessary, to ensure that the formal submission of all documents and Plans to the City can receive reasonably prompt and speedy consideration. Any approval by the City for purposes of this Agreement shall not waive, limit or satisfy any requirement for approval from the City under any Governmental Requirements or be construed or understood to create any time period or deadline for the City with respect to such actions in its municipal capacity; nor shall anything herein be construed to require the City to act in any particular way in connection with its approval of such plans. In the event acceptance of any disapproval, City shall, concurrently with delivery of the notice of such disapproval to Developer, inform Developer in writing of the reasons for disapproval plans and the required changes to the Plans or other submissions. Developer shall have specifications within ten (10) business days from receipt following the submission of such plans and specifications prepared in accordance with the terms hereof. In the event Landlord shall fail to accept all or a portion of any notice from of Tenant's plans and specifications, such failure to accept same shall be set forth in writing and shall include the City specifying required changes reasons therefor in reasonable detail, in which event Tenant shall revise such plans and specifications and resubmit same to Landlord. Landlord shall respond to Tenant's request for acceptance of any such revised plans within five (“Plan Disapproval Notice”5) business days following resubmission. In the event Landlord fails to respond to Tenant's request for Landlord's acceptance of the proposed plans and specifications within such ten (10) or five (5) business day period (as applicable), within which Tenant may send a second (2nd) written request stating in bold type that "LANDLORD'S FAILURE TO RESPOND TO TENANT'S REQUEST FOR LANDLORD'S ACCEPTANCE OF THE PLANS AND SPECIFICATIONS WITHIN TEN (10) BUSINESS DAYS OF THIS SECOND (2ND) REQUEST SHALL BE DEEMED LANDLORD'S ACCEPTANCE OF SUCH PROPOSED PLANS AND SPECIFICATIONS." A copy of such second (2nd) notice must be simultaneously sent to notify City that Developer agrees Landlord's counsel (or such other parties as Landlord may from time to make such changes or objects time designate) in accordance with the notice provisions of Article 27 of this Lease in order for the same to any requested changesbe deemed effective. If Developer does not notify City in writing The failure of Landlord to respond to Tenant's second (2nd) request within such ten (10-day period of its objections to the requested changes, Developer ) business days shall be deemed to have approved all be Landlord's acceptance of such requested changesplans and specifications. If Developer timely notifies City Upon completion of its objections 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 requested changesaccessibility 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, then encumbrance, chattel mortgage or title retention or security agreement. Landlord's acceptance of Tenant's plans, specifications and working drawings for Alterations shall create no responsibility or liability on the City and Developer shall meet at a mutually acceptable time part of Landlord with respect to discuss the differences within tentheir completeness, design, sufficiency or compliance with all applicable laws, rules or regulations of governmental agencies or authorities.

Submission of Plans. (a) Not later than the respective times outside dates set forth therefor in the Schedule of Performance and in accordance with the provisions set forth in Attachment No. 75, Developer Owner shall submit to City the Plans for the Project Hotel to be constructed on the Site by DeveloperOwner. In connection with processing any Plans, the City shall have the right to request such additional information or detail as City shall determine reasonably necessary in order for City to act upon any proposed submission, and the period for City review under the Schedule of Performance shall not commence until each submission is so completed. All Plans submitted to the City must be approved, conditionally approved or disapproved or rejected by City within the time set forth in this Agreement. , City shall consider such plans in light of all Governmental Requirements, the Entitlements and any other Plans which have been previously approved by City, and architectural review requirements and aesthetic concerns and all AAA Four Diamond Luxury Hotel Requirements relating to the appearance of the Project Hotel (and the Design and Finish thereof) and to the appearance of all public spaces to be constructed in connection with the ProjectHotel. The City and Developer Owner shall communicate and consult informally, as frequently as is necessary, to ensure that the formal submission of all documents and Plans to the City can receive reasonably prompt and speedy consideration. Any approval by the City for purposes of this Agreement shall not waive, limit or satisfy any requirement for approval from the City under any Governmental Requirements or be construed or understood to create any time period or deadline for the City with respect to such actions in its municipal capacity; nor shall anything herein be construed to require the City to act in any particular way in connection with its approval of such plans. In the event of any disapproval, City shall, concurrently with delivery of the notice of such disapproval to DeveloperOwner, inform Developer Owner in writing of the reasons for disapproval and the required changes to the Plans or other submissions. Developer Owner shall have ten (10) business days from receipt of any notice from the City specifying required changes (“Plan Disapproval Notice”), within which to notify City that Developer Owner agrees to make such changes or objects to any requested changes. If Developer Owner does not notify City in writing within such 10-day period of its objections to the requested changes, Developer Owner shall be deemed to have approved all of such requested changes. If Developer Owner timely notifies City of its objections to the requested changes, then the City and Developer Owner shall meet at a mutually acceptable time to discuss the differences within tenten (10) days after the Owner gives such notice. Following such meeting, Owner shall revise such Plans or other submissions and resubmit them for approval to the City by the later of (i) thirty (30) days after receipt of the Plan Disapproval Notice, or (ii) ten (10) days after such meeting. Any such resubmissions shall be approved or disapproved and revised within the same time periods as set forth herein with respect to initial submissions. Any such resubmissions shall not extend any of the outside dates set forth in the Schedule of Performance. Notwithstanding the above time periods, if the City deems it appropriate or necessary to hold a public meeting of the City, or any body or committee thereof, before the action specified is to be taken, the period for such action by the City shall be extended by a reasonable amount of time, not to exceed thirty (30) days, in each case, for the holding of such public meeting; provided, that, the period of delay attributable to said public meeting shall extend the Schedule of Performance by a period of time equal to the period of delay caused by that meeting. Any Plans, once approved in writing by City for purposes of this Agreement shall not be subject to subsequent disapproval by the City under this Agreement. Owner acknowledges that the exercise by City of its right to inspect or review the Plans under this Agreement does not constitute inspection of and shall not be understood as a determination by the City with respect to the engineering or structural design, sufficiency or integrity of the Hotel, nor a determination of the compliance of such Plans with any Governmental Requirements, including any applicable building codes, safety features or standards. Any inspection or approval of Plans made or granted pursuant to this Agreement shall not constitute an inspection or approval of the quality, adequacy or suitability of such Plans, any specifications applicable thereto, or any labor, materials, services or equipment to be furnished or supplied in connection therewith, and City shall have no responsibility or liability for any acts, omissions or errors of any architects, designers, engineers or other persons responsible for drafting or formulating the Plans.

Submission of Plans. (a) Not later than the respective times set forth therefor in the Schedule of Performance and in accordance with the provisions set forth in Attachment No. 7, Developer shall submit to City the Plans for the Project to be constructed on the Site by Developer. In connection with processing any Plans, the City shall have the right to request such additional information or detail as City shall determine reasonably necessary in order for City to act upon any proposed submission, and the period for City review under the Schedule of Performance shall not commence until each submission is so completed. All Plans submitted to the City must be approved, conditionally approved or disapproved or rejected by City within the time set forth in this Agreement. City shall consider such plans in light of all Governmental Requirements, the Entitlements and any other Plans which have been previously approved by City, and architectural review requirements and aesthetic concerns and all AAA Four Diamond Requirements relating to the appearance of the Project (and the Design and Finish thereof) and to the appearance of all public spaces to be constructed in connection with the Project. The City and Developer shall communicate and consult informally, as frequently as is necessary, to ensure that the formal submission of all documents and Plans to the City can receive reasonably prompt and speedy consideration. Any approval by the City for purposes of this Agreement shall not waive, limit or satisfy any requirement for approval from the City under any Governmental Requirements or be construed or understood to create any time period or deadline for the City with respect to such actions in its municipal capacity; nor shall anything herein be construed to require the City to act in any particular way in connection with its approval of such plans. In the event of any disapproval, City shall, concurrently with delivery of the notice of such disapproval to DeveloperXxxxxxxxx, inform Developer Xxxxxxxxx in writing of the reasons for disapproval and the required changes to the Plans or other submissions. Developer shall have ten (10) business days from receipt of any notice from the City specifying required changes (“Plan Disapproval Notice”), within which to notify City that Developer agrees to make such changes or objects to any requested changes. If Developer does not notify City in writing within such 10-day period of its objections to the requested changes, Developer shall be deemed to have approved all of such requested changes. If Developer timely notifies City of its objections to the requested changes, then the City and Developer shall meet at a mutually acceptable time to discuss the differences within ten