Common use of TENANT'S PLANS AND SPECIFICATIONS Clause in Contracts

TENANT'S PLANS AND SPECIFICATIONS. Not later than August 1, --------------------------------- 1999, Tenant shall submit to Landlord for its review and approval and, if necessary, resubmit the same from time to time within fifteen (15) days after receipt of written notice of disapproval thereof from Landlord, until the same are approved by Landlord, detailed drawings and plans and specifications of and for all interior and exterior improvements to be constructed and installed by Tenant in the Leased Premises as Tenant's Work (as hereinafter defined), including, without limitation, layout, lighting plan, interior finish and material samples, typical display technique, if applicable, interior and exterior signage plans and specifications, store front, and any work or equipment to be done or installed by Tenant affecting any structural, mechanical or electrical part of the Leased Premises, the building in which the Leased Premises is located, and also showing all Trade Fixtures (as hereinafter defined) to be installed therein by Tenant (the "Plans and Specifications"). Tenant's Plans and Specifications shall be prepared by a licensed architect or other professional approved by Landlord. Tenant shall not commence the construction and installation of any of Tenant's Work or Trade Fixtures unless and until Landlord shall give its written consent and approval to Tenant's Plans and Specifications, which consent shall not be unreasonably withheld, delayed or conditioned. Landlord shall have fifteen (15) days after receipt of Tenant's original or resubmitted Plans and Specifications to review and approve or disapprove same. Any disapproval by Landlord shall set forth with specificity the items or aspects of Tenant's Plans and Specifications which Landlord does not approve. Upon receipt of Landlord's approval of Tenant's Plans and Specifications, Tenant shall promptly thereafter, at its sole cost and expense, seek and obtain all necessary building permits and governmental approvals required to enable Tenant to construct Tenant's work.

TENANT'S PLANS AND SPECIFICATIONS. Not later than August 1, --------------------------------- 1999, Tenant shall submit TENANT agrees to Landlord for its review and approval and, if necessary, resubmit cooperate with the same from time to time within fifteen (15) days after receipt of written notice of disapproval thereof from Landlord, until the same are approved by Landlord, detailed drawings and LANDLORD in preparing plans and specifications of and for covering all interior and exterior improvements work to be constructed and installed done by Tenant or for TENANT (as provided in Exhibit "B" of this Lease captioned "Leasehold Improvements") in the Leased Premises Demised Premises. Such plans and specifications shall be prepared at LANDLORD'S sole expense by a duly licensed architect or engineer selected by LANDLORD, in such detail as Tenant's Work (as hereinafter defined)LANDLORD may reasonably require, includingand TENANT agrees that no work shall commence on any of the aforesaid Leasehold Improvements until LANDLORD and TENANT have approved such plans and specifications in writing, without limitationwhich plans and specifications when so approved shall be designated Exhibit "B" and attached hereto and made a part hereof by reference. TENANT shall schedule and complete a meeting with LANDLORD'S architect for the purpose of providing any information, layoutincluding TENANT'S finish schedule, lighting plan, interior finish and material samples, typical display technique, if applicable, interior and exterior signage required by LANDLORD'S architect in order for him to prepare the plans and specifications, store front, . Such meeting shall be scheduled by TENANT not later than ten (10) days from the date of such request by LANDLORD. TENANT also agrees to cause its review of the plans and specifications provided by LANDLORD to be completed and any work or equipment comments thereon to be done or installed provided to LANDLORD within ten (10) days from delivery of same by Tenant affecting any structuralLANDLORD to TENANT. TENANT shall furnish TENANT's finishing specifications within twenty (20) days from the date TENANT and LANDLORD agree upon final plans and specifications for the Demised Premises. In the event that TENANT fails to perform its obligations within the time period set forth herein, mechanical or electrical part of then TENANT shall be deemed to have approved the Leased plans and specifications submitted to TENANT for review and TENANT shall have no further time to approve same. LANDLORD and TENANT agree to cooperate with each other in good faith to finalize the plans and specifications and finishing specifications for the Demised Premises, the building in all of which the Leased Premises is located, and also showing all Trade Fixtures (as hereinafter defined) to be installed therein by Tenant (the "Plans and Specifications"). Tenant's Plans and Specifications shall be prepared by a licensed architect or other professional approved by Landlord. Tenant shall not commence subject to the construction approval of both LANDLORD and installation of any of Tenant's Work or Trade Fixtures unless and until Landlord shall give its written consent and approval to Tenant's Plans and SpecificationsTENANT, which consent approval shall be granted in good faith and which shall not be unreasonably withheld. Any changes to TENANT's plans and specifications requested by TENANT, delayed after same have been approved in their final form by LANDLORD and TENANT, shall be subject to LANDLORD's approval and, if LANDLORD so approves same, TENANT shall pay any extra costs that my be incurred by LANDLORD as a result of such change immediately upon request therefor. In the event that TENANT fails to act promptly or conditioned. Landlord shall have fifteen in good faith with regard to plans and specifications in accordance with the schedules set forth in this paragraph, LANDLORD at its option may cancel this Lease by giving written notice thereof to TENANT within ten (1510) days after receipt of Tenant's original or resubmitted Plans and Specifications to review and approve or disapprove same. Any disapproval by Landlord shall set forth with specificity the items or aspects expiration of Tenant's Plans and Specifications which Landlord does not approve. Upon receipt of Landlord's approval of Tenant's Plans and Specifications, Tenant shall promptly thereafter, at its sole cost and expense, seek and obtain all necessary building permits and governmental approvals required to enable Tenant to construct Tenant's workany such schedule.

TENANT'S PLANS AND SPECIFICATIONS. Not later than August 1, --------------------------------- 1999the Plan Submittal Date, Tenant shall submit to Landlord for its review and approval approval, and, if necessary, resubmit the same from time to time within fifteen (15) days after receipt of written notice of disapproval thereof from Landlord, until the same are approved by Landlord, detailed drawings and plans and specifications of and for all interior and exterior improvements to be constructed and installed by Tenant in the Leased Premises as Tenant's Work (as hereinafter defined)Work, including, without limitation, a layout, lighting plan, interior finish and material samples, typical display technique, if applicable, interior and exterior signage plans and specifications, store front, and any work or equipment to be done or installed by Tenant affecting any structural, mechanical or electrical part of the Leased Premises, the building in which the Leased Premises is locatedBuilding, or any other portion of Downtown Celebration, and also showing all Trade Fixtures (as hereinafter defined) to be installed therein by Tenant (the "Plans and Specifications"). Tenant's The Plans and Specifications shall be prepared by a licensed architect or other professional approved by Landlordarchitect. Tenant shall not commence the construction and installation of any of Tenant's Work or Trade Fixtures unless and until Landlord shall give its written consent and approval to Tenant's the Plans and Specifications, which consent shall not be unreasonably withheld, delayed Landlord may grant or conditionedwithhold in its sole and absolute discretion. Landlord shall have fifteen (15) days after receipt of Upon Tenant's original or resubmitted Plans and Specifications to review and approve or disapprove same. Any disapproval by Landlord shall set forth with specificity the items or aspects of Tenant's Plans and Specifications which Landlord does not approve. Upon receipt of of: (i) Landlord's approval of Tenant's the Plans and Specifications; and (ii) the Possession Notice, Tenant shall promptly thereafter, and at its sole cost and expense, diligently seek and obtain all necessary building permits and governmental approvals required to enable Tenant to construct Tenant's workWork.

TENANT'S PLANS AND SPECIFICATIONS. Not later than August 1, --------------------------------- 1999, Tenant shall submit prepare and present to Landlord for its review and approval and, if necessary, resubmit the same from time to time within fifteen (15) days after receipt of written notice of disapproval thereof from Landlord, until the same are approved by Landlord, detailed drawings and plans and specifications of and for all interior and exterior improvements the work to be constructed and installed by Tenant in done as shall be required to finish the Leased Premises as in accordance with Tenant's needs and desires ("Work (Letter Agreement") attached hereto as hereinafter defined)Exhibit "E" and incorporated herein by reference. Such Tenant Work shall include only costs for actual improvements and fixtures to Landlord's Project and shall not include expenditures for Tenant's trade fixtures, includingequipment, without limitation, layout, lighting plan, interior finish moving expense or similar items not constituting permanent improvements to Landlord's Project. Such plans and material samples, typical display technique, if applicable, interior and exterior signage specifications shall be subject to Landlord's written approval. In the event such plans and specifications, store frontas submitted, fail to meet with Landlord's immediate approval. Landlord shall promptly notify Tenant of those particular matters to which Landlord objects and how the same may be amended or corrected in order to meet with Landlord's approval. Upon receipt of any work or equipment such notice from Landlord, Tenant shall promptly cause such plans and specifications to be done or installed by Tenant affecting any structural, mechanical or electrical part revised in such manner as shall be requisite to obtaining Landlord's final approval of the Leased Premisessame, the building in which the Leased Premises is located, and also showing all Trade Fixtures (as hereinafter defined) to be installed therein by Tenant (the "Plans and Specifications"). Tenant's Plans and Specifications revised plans shall be prepared by a licensed architect or other professional forthwith submitted for Landlord's approval. When Landlord and Tenant have finally approved by Landlord. Tenant shall not commence the construction and installation of any of Tenant's Work or Trade Fixtures unless and until Landlord shall give its written consent and approval to Tenant's Plans and Specifications, Landlord hereby expressly reserving the right, in Landlord's reasonable discretion and judgment, to approve all Tenant finish work, which consent approval shall not be unreasonably withheldwithheld or delayed, delayed or conditionedthe same shall become a part hereof and shall be incorporated herein by reference for all purposes as Exhibit "F". Landlord shall have fifteen (15) days after receipt pay without reimbursement, from Tenant, up to, but not in excess of Tenant's original or resubmitted Plans and Specifications the amount specified in the basic lease information for improvements to review and approve or disapprove samethe Leased Premises. Any disapproval costs in excess of this allowance of the Tenant Finish Allowance shall be paid directly by Landlord shall set forth with specificity the items or aspects of Tenant's Plans and Specifications which Landlord does not approve. Upon receipt of Landlord's approval of Tenant's Plans and Specifications, Tenant shall promptly thereafter, at its sole cost and expense, seek and obtain all necessary building permits and governmental approvals required to enable Tenant to construct Tenant's work.

TENANT'S PLANS AND SPECIFICATIONS. Not later than August 1, --------------------------------- 1999, Tenant shall submit Subject to Landlord for its review and approval andDelays, if necessary, resubmit the same from time to time within fifteen ninety (1590) days after receipt following the later to occur of written notice the date (i) all contingencies in Article XXIV of disapproval thereof the Lease (except for that contained in Section 24.3) have been satisfied or otherwise waived in writing by Tenant, (ii) Tenant receives from Landlord, until Landlord a geotechnical report on the same are approved by Landlord, detailed drawings and plans and specifications of and for all interior and exterior improvements to be constructed and installed by Tenant soils in the Leased Premises as Land and Tenant's Work (as hereinafter defined), including, without limitation, layout, lighting plan, interior finish and material samples, typical display technique, if applicable, interior and exterior signage plans and specifications, store front, and any work or equipment to be done or installed by Tenant affecting any structural, mechanical or electrical part ’s Area of the Leased Premises, the building in which the Leased Premises is located, and also showing all Trade Fixtures (as hereinafter defined) to be installed therein by Tenant (the "Plans and Specifications"). Tenant's Plans and Specifications shall be Control prepared by a licensed architect soils engineer in accordance with the required Utility Work and Site Work, (iii) Tenant approves the Site Work Plans in accordance with Section 4.6 above, and (iv) Landlord notifies Tenant in writing that Landlord has obtained the Required Project Entitlements, Tenant will cause Tenant’s Architect to prepare and deliver to Landlord complete plans, drawings and specifications (“Tenant’s Plans and Specifications”) for the construction of Tenant’s Work substantially in accordance with the elevations set forth in Addendum 3 (“Tenant’s Elevations”) and the space plans set forth in Addendum 4 (“Tenant’s Space Plans”), which Tenant’s Elevations and Tenant’s Space Plans are hereby pre-approved by Landlord subject to Applicable Laws. Tenant’s Plans and Specifications will show the architectural, structural and MEP detail for the construction of Tenant’s Work in sufficient detail as is required to obtain necessary building permits and other approvals and for Tenant’s contractor to prosecute the construction within the time frames set forth in the Lease and this Exhibit C, including but not limited to: (a) the base Building shell and other improvements constituting the Premises that are not within the scope of Landlord’s Work; (b) all utility facilities which will require conduiting or other professional approved by Landlordimprovements from the base Building shell work and/or within the Premises; and (c) all other material specifications for Tenant’s Work. Tenant shall As long as Tenant’s Plans and Specifications substantially conform to Tenant’s Space Plans, Tenant’s Elevations and the terms and conditions hereof in all material respects, Landlord will not commence the construction unreasonably withhold, delay or condition its consent to Tenant’s Plans and installation of Specifications. If Landlord reasonably disapproves any material aspect of Tenant's Work or Trade Fixtures unless and until Landlord shall give its written consent and approval to Tenant's ’s Plans and Specifications, which consent shall not be unreasonably withheld, delayed or conditioned. Landlord shall have fifteen agrees to advise Tenant in writing of such disapproval and the reasons therefor within live (155) business days after of its receipt of Tenant's original or resubmitted ’s Plans and Specifications Specifications. Landlord’s failure to review and approve or disapprove sameso notify Tenant within such five. Any disapproval by Landlord (5) business day period shall set forth with specificity the items or aspects of Tenant's Plans and Specifications which Landlord does not approve. Upon receipt of be deemed to be Landlord's ’s approval of Tenant's ’s Plans and Specifications. If Landlord reasonably disapproves any aspect of Tenant’s Plans and Specifications, Tenant and Landlord shall then use diligent efforts to reach agreement as to Tenant’s Plans and Specifications. Notwithstanding the foregoing, any approval given or deemed given by Landlord in connection with Tenant’s Plans and Specifications or the construction work described in this Work Letter, shall be a conceptual approval and not a technical approval. No such submission or approval by Landlord shall be deemed to mean approval of structural capacity, size of ducts and piping, adequacy of electrical wiring, system/equipment capacities and, without limitation, other technical matters pertaining to Tenant’s Work; nor shall such approval relieve Tenant of the responsibility for proper and adequate design and construction of Tenant’s Work or responsibility for compliance with all Applicable Laws. Within ten (10) days following Landlord’s approval of Tenant’s Plans and Specifications and to the extent permitted by the appropriate Governmental Authorities, Tenant will submit Tenant’s Plans and Specifications to the appropriate Governmental Authorities for plan checking and the issuance of the Building Permit, and contemporaneously provide Landlord with a copy of such submission. Tenant will use diligent and commercially reasonable efforts to obtain the Building Permit as soon as commercially reasonable following the date Tenant submits for the same (subject to delays caused by the Governmental Authorities). Tenant’s Architect shall make any and all changes to Tenant’s Plans and Specifications required by any applicable Governmental Authority (“Governmental Changes”) to obtain the Building Permit, and Landlord is hereby deemed to have approved all Governmental Changes. Subject to the immediately preceding sentence, Tenant shall make no material changes to Tenant’s Plans and Specifications without Landlord’s reasonable written approval (in this particular regard, only structural changes or changes to the exterior facade of the Building shall be deemed to be “material”). Tenant’s Work shall be constructed in a good and workmanlike manner, in accordance with Applicable Laws and in material conformity with Tenant’s Plans and Specifications, except where Landlord has given or is deemed to have given prior written approval for material modifications. Tenant shall diligently pursue the issuance of the Building Permit and agrees to respond, to the extent reasonable, to plan review comments from the Governmental Authorities within ten (10) days following the date such comments are received by Tenant. Tenant shall keep Landlord promptly thereafter, at its sole cost and expense, seek and obtain all necessary building permits and governmental approvals required to enable Tenant to construct Tenant's workinformed of any such plan review comments from the Governmental Authorities.

TENANT'S PLANS AND SPECIFICATIONS. Not later than August 1, --------------------------------- 1999, Tenant shall submit TENANT agrees to Landlord for its review and approval and, if necessary, resubmit cooperate with the same from time to time within fifteen (15) days after receipt of written notice of disapproval thereof from Landlord, until the same are approved by Landlord, detailed drawings and LANDLORD in preparing plans and specifications of and for covering all interior and exterior improvements to be constructed and installed by Tenant in the Leased Premises as Tenant's Work (as hereinafter defined), including, without limitation, layout, lighting plan, interior finish and material samples, typical display technique, if applicable, interior and exterior signage plans and specifications, store front, and any work or equipment to be done by or installed for TENANT (as provided in Exhibit "B" of this Lease captioned "Leasehold Improvements") in the Demised Premises. Such plans and specifications shall be prepared at LANDLORD'S sole expense by Tenant affecting a duly licensed architect or engineer selected by LANDLORD, in such detail as LANDLORD may reasonably require, and TENANT agrees that no work shall commence on any structural, mechanical or electrical part of the Leased Premisesaforesaid Leasehold Improvements until LANDLORD and TENANT have approved such plans and specifications in writing, the building in which the Leased Premises is located, plans and also showing all Trade Fixtures specifications when so approved shall be designated Exhibit "C" and attached hereto and made a part hereof by reference (as hereinafter defined) to be installed therein by Tenant (the "Plans and SpecificationsSpecification"). Tenant's TENANT shall schedule and complete a meeting with LANDLORD'S architect for the purpose of providing any information, including TENANT'S finish schedule, required by LANDLORD'S architect in order for him to prepare the Plans and Specifications. Such meeting shall be scheduled by TENANT not later than ten (10) days from the date of such request by LANDLORD. TENANT also agrees to cause its review of the Plans and Specifications provided by LANDLORD to be completed and any comments thereon to be provided to LANDLORD within ten (10) days from delivery of same by LANDLORD to TENANT. TENANT shall furnish TENANT's finishing specifications within twenty (20) days from the date TENANT and LANDLORD agree upon final Plans and Specifications for the Demised Premises. In the event that TENANT fails to perform its obligations within the time period set forth herein, then TENANT shall be prepared by a licensed architect or other professional deemed to have approved by Landlord. Tenant shall not commence the construction and installation of any of Tenant's Work or Trade Fixtures unless and until Landlord shall give its written consent and approval to Tenant's Plans and SpecificationsSpecifications submitted to TENANT for review and TENANT shall have no further time to approve same. LANDLORD and TENANT agree to cooperate with each other in good faith to finalize the Plans and Specifications and finishing specifications for the Demised Premises, all of which shall be subject to the approval of both LANDLORD and TENANT, which consent approval shall be granted in good faith and which shall not be unreasonably withheld, delayed or conditioned. Landlord shall have fifteen (15) days after receipt of Tenant's original or resubmitted Plans and Specifications to review and approve or disapprove same. Any disapproval by Landlord shall set forth with specificity the items or aspects of Tenantchanges to TENANT's Plans and Specifications which Landlord does not approve. Upon receipt of Landlordrequested by TENANT, after same have been approved in their final form by LANDLORD and TENANT, shall be subject to LANDLORD's approval and, if LANDLORD so approves same, TENANT shall pay any and all extra costs that my be incurred by LANDLORD as a result of Tenant's such change immediately upon LANDLORD'S request therefor. In the event that TENANT fails to act promptly or in good faith with regard to Plans and SpecificationsSpecifications in accordance with the schedules set forth in this paragraph, Tenant shall promptly thereafter, LANDLORD at its sole cost and expense, seek and obtain all necessary building permits and governmental approvals required option may cancel this Lease by giving written notice thereof to enable Tenant to construct Tenant's workTENANT within ten (10) days of the expiration of any such schedule.