Common use of Approval and Completion Clause in Contracts

Approval and Completion. If any dispute regarding the design of any portion of the Tenant Improvements is not settled within 10 business days after notice of such dispute is delivered by one party to the other, Tenant may make the final decision regarding the design of disputed portion of the Tenant Improvements, provided (i) Tenant acts reasonably and such final decision is either consistent with or a compromise between Landlord’s and Tenant’s positions with respect to such dispute, (ii) that all costs and expenses resulting from any such decision by Tenant shall be payable out of the TI Allowance (as defined in Section 5(a) below), and (iii) Tenant’s decision will not affect the structural components of the Building or any Building Systems. Any changes to the TI Construction Drawings following Landlord’s and Tenant’s approval of same requested by Tenant shall be processed as provided in Section 4 hereof. Notwithstanding anything to the contrary contained herein, Landlord shall have the right to make final decisions, in Landlord’s sole and absolute subjective discretion, with respect to matters concerning the exterior components, site work, façade or other structural components of the Building or any Building System.

Approval and Completion. If It is hereby acknowledged by Landlord and Tenant that the TI Construction Drawings must be completed and approved not later than March 31, 2006, in order for the Landlord’s Work to be Substantially Complete by the Target Completion Date. Upon any dispute regarding the design of any portion of the Tenant Improvements Improvements, which is not settled within 10 5 business days after notice of such dispute is delivered by one party to the other, Tenant may shall make the final decision regarding the design of disputed portion of the Tenant Improvements, provided (i) Tenant acts reasonably and such final decision is either consistent with or a compromise between Landlord’s and Tenant’s positions with respect to such dispute, (ii) that all costs and expenses resulting from any such decision by Tenant shall be payable out of the TI Allowance Fund (as defined in Section 5(a5(d) below), and (iii) Tenant’s decision will not affect the base Building, structural components of the Building or any Building Systemssystems in which case Landlord shall make the final decision. Any changes to the TI Construction Drawings following Landlord’s and Tenant’s approval of same requested by Tenant shall be processed as provided in Section 4 hereof. Notwithstanding anything to the contrary contained herein; provided, Landlord however, that Tenant shall have the no right to make final decisions, request any changes which would result in Landlord’s sole the Tenant Improvements costing more than the Tl Allowance to be received by Tenant unless the Escrow Account is established pursuant to Section 5(d) hereof and absolute subjective discretion, with respect to matters concerning Tenant deposits the exterior components, site work, façade or other structural components of the Building or any Building SystemExcess TI Costs into such Escrow Account.

Approval and Completion. If It is hereby acknowledged by Landlord and Tenant that the Tl Construction Drawings must be completed and approved not later than May 1, 2018, in order for the ***Confidential Treatment Requested*** ***Text Omitted and Filed Separately with the Securities and Exchange Commission Confidential Treatment Requested Under 17 C.F.R. Sections 200.80(b)(4) and 240.24b-2 Landlord’s Work to be Tl Substantially Complete by the Target Commencement Date (as defined in the Lease). Upon any dispute regarding the design of any portion of the Tenant Improvements Improvements, which is not settled within 10 business days after notice of such dispute is delivered by one party to the other, Tenant may make the final decision regarding the design of disputed portion of the Tenant Improvements, provided (i) Tenant acts reasonably and such final decision is either consistent with or a compromise between Landlord’s and Tenant’s positions with respect to such dispute, (ii) that all costs and expenses resulting from any such decision by Tenant shall be payable out of the TI Allowance Tl Fund (as defined in Section 5(a5(e) below), and (iii) Tenant’s decision will not affect the base Building, structural components of the Building or any Building Systemssystems. Any changes to the TI Construction Drawings following Landlord’s and Tenant’s approval of same requested by Tenant shall be processed as provided in Section 4 hereof. Notwithstanding anything to the contrary contained herein, Landlord shall have the right to make final decisions, in Landlord’s sole and absolute subjective discretion, with respect to matters concerning the exterior components, site work, façade or other structural components of the Building or any Building System.

Approval and Completion. If It is hereby acknowledged by Landlord and Tenant that (x) TI Construction Drawings are not required on connection with Landlord’s Work being performed in the Initial Premises, and (y) the TI Construction Drawings for Landlord’s Work in the Subsequent Premises must be completed and approved not later than February 15, 2018, in order for the Landlord’s Work in the Subsequent Premises to be Substantially Complete by the Subsequent Premises Target Commencement Date (as defined in the Lease). Upon any dispute regarding the design of any portion of the Tenant Improvements Improvements, which is not settled within 10 business days after notice of such dispute is delivered by one party to the other, Tenant may make the final decision regarding the design of disputed portion of the Tenant Improvements, provided (i) Tenant acts reasonably and such final decision is either consistent with or a compromise between Landlord’s and Tenant’s positions with respect to such dispute, (ii) that all costs and expenses resulting from any such decision by Tenant shall be payable out of the TI Allowance Fund (as defined in Section 5(a5(d) below), and (iii) Tenant’s decision will not affect the base Building, structural components of the Building or any Building Systemssystems. Any changes to the TI Construction Drawings following Landlord’s and Tenant’s approval of same requested by Tenant shall be processed as provided in Section 4 hereof. Notwithstanding anything to the contrary contained herein, Landlord shall have the right to make final decisions, in Landlord’s sole and absolute subjective discretion, with respect to matters concerning the exterior components, site work, façade or other structural components of the Building or any Building System.

Approval and Completion. If Tenant, in Tenant’s reasonable discretion, shall approve (or disapprove with stated reasons for disapproval) the TI Construction Drawings within five (5) business days of Landlord’s delivery of the same to Tenant, in order to facilitate Substantial Completion of Landlord’s Work by the Target Second Expansion Premises Commencement Date; provided, however, that Tenant may not disapprove any matter that is consistent with the Space Plans without submitting a Change Request. Upon any dispute regarding the design of any portion of the Tenant Improvements Improvements, which is not settled within 10 business days after notice of such dispute is delivered by one party to the other, Tenant may make the final decision regarding the design of disputed portion of the Tenant Improvements, provided (i) Tenant acts reasonably and such final decision is either consistent with or a compromise between Landlord’s and Tenant’s positions with respect to such dispute, (ii) that all costs and expenses resulting from any such decision by Tenant shall be payable out of the TI Allowance Fund (as defined in Section 5(a5(c) below), and (iii) Tenant’s decision will not affect the base Building, structural components of the Building or any Building Systemssystems. Any changes to the Space Plans and/or TI Construction Drawings following Landlord’s and Tenant’s approval of same requested by Tenant shall be processed as provided in Section 4 hereof. Notwithstanding anything to the contrary contained herein, Landlord shall have the right to make final decisions, in Landlord’s sole and absolute subjective discretion, with respect to matters concerning the exterior components, site work, façade or other structural components of the Building or any Building System.

Approval and Completion. If any dispute regarding the design of any portion of the Tenant Improvements is not settled within 10 business days after notice of such dispute is delivered by one party to the other, Tenant may make the final decision regarding the design of disputed portion of the Tenant Improvements, provided (i) Tenant acts reasonably and such final decision is either consistent with or a compromise between Landlord’s and Tenant’s positions with respect to such dispute, (ii) that all costs and expenses resulting from any such decision by Tenant shall be payable out of the TI Allowance (as defined in Section 5(a5(b) below), and (iii) Tenant’s decision will not affect the base Building, structural components of the Building or any Building Systems. Any changes to the TI Construction Drawings following Landlord’s and Tenant’s approval of same requested by Tenant shall be processed as provided in Section 4 hereof. Notwithstanding anything to the contrary contained herein, Landlord shall have the right to make final decisions, in Landlord’s sole and absolute subjective discretion, with respect to matters concerning the exterior components, site work, façade or other structural components of the Building or any Building System.

Approval and Completion. If If, after Landlord’s review of the second submission under Section 3.2, any dispute regarding the design of any portion of the Tenant Improvements is not settled within 10 ten (10) business days after notice of such dispute is delivered by one party to the other, Tenant may make the final decision regarding the design of disputed portion of the Tenant Improvements, provided provided: (i) Tenant acts reasonably and such final decision is either consistent with or a compromise between Landlord’s 's and Tenant’s 's positions with respect to such dispute, ; (ii) that all costs and expenses resulting from any such decision by Tenant shall be payable out of the TI Allowance (as defined provided in Section 5(a) 6 below), ; and (iii) Tenant’s 's decision will not affect the Non-TI Project Improvements, including without limitation, the structural components of the Building or any Building Systemssystems (in which case Landlord shall make the final decision in its sole discretion, except with respect to any Building systems located wholly within and exclusively serving the Premises, for which Landlord’s decision shall be in its reasonable discretion). Any changes to the Approved TI Construction Drawings following Landlord’s and Tenant’s approval of same Documents requested by Tenant shall be processed as provided in Section 4 3.8 hereof. Notwithstanding anything to “Certain information indicated with [***] in this document has been omitted from this exhibit because it is both (i) not material and (ii) is the contrary contained herein, Landlord shall have type that the right to make final decisions, in Landlord’s sole and absolute subjective discretion, with respect to matters concerning the exterior components, site work, façade registrant treats as private or other structural components of the Building or any Building Systemconfidential.”

Approval and Completion. Landlord and Tenant hereby acknowledge that the Greenhouse Construction Drawings must be completed and approved not later than April 14, 2000, in order for Landlord’s Work to be “Substantially Complete” (as defined in Section 4.2) by the Target Commencement Date. If there is any dispute regarding the design of any portion of the Tenant Improvements Landlord’s Work that is not settled within 10 5 business days after notice Notice of such dispute is delivered by one party to the other, Tenant may (x) Landlord shall have the right to make the final decision regarding if the dispute concerns the design of disputed portion of the Tenant ImprovementsBase Building Work, provided (i) Tenant Landlord acts reasonably and such final decision is either consistent with or a reasonable compromise between Landlord’s and Tenant’s positions with respect to such dispute, and (iiy) that all Tenant shall have the right to make the final decision if the dispute concerns the design of the Tenant Improvements, provided Tenant acts reasonably and such final decision is either consistent with or a reasonable compromise between Landlord’s and Tenant’s positions with respect to such dispute. All costs and expenses resulting from any such final decision by Tenant with respect to Landlord’s Work shall be payable out of the TI Allowance “Construction Fund” (as defined in Section 5(a) below6.4), and (iii) Tenant’s decision will not affect the structural components of the Building or any Building Systems. Any changes to the TI Greenhouse Construction Drawings requested by Tenant following Landlord’s and Tenant’s approval of same requested by Tenant shall be processed as provided in Section 4 5 hereof. Notwithstanding anything to the contrary contained herein, Landlord shall have the right to make final decisions, in Landlord’s sole and absolute subjective discretion, with respect to matters concerning the exterior components, site work, façade or other structural components of the Building or any Building System.

Approval and Completion. If any dispute regarding the design of any portion of the Tenant Improvements is not settled within 10 business days after notice of such dispute is delivered by one party to the other, Tenant may make the final decision regarding the design of disputed portion of the Tenant Improvements, provided (i) Tenant acts reasonably and such final decision is either consistent with or a compromise between Landlord’s and Tenant’s positions with respect to such dispute, (ii) that all costs and expenses resulting from any such decision by Tenant shall be payable out of the TI Allowance (as defined in Section 5(a) below), and (iii) Tenant’s decision will not affect the base Building, structural components of the Building or any Building Systems. Any changes to the TI Construction Drawings following Landlord’s and Tenant’s approval of same requested by Tenant shall be processed as provided in Section 4 hereof. Notwithstanding anything to the contrary contained herein, Landlord shall have the right to make final decisions, in Landlord’s sole and absolute subjective discretion, with respect to matters concerning the exterior components, site work, façade or other structural components of the Building or any Building System.

Approval and Completion. If any dispute regarding the design of any portion of the Tenant Improvements is not settled within 10 business days after notice of such dispute is delivered by one party to the other, Tenant may make the final decision regarding the design of disputed portion of the Tenant Improvements, provided (i) Tenant acts reasonably and such final decision is either consistent with or a compromise between Landlord’s 's and Tenant’s 's positions with respect to such dispute, (ii) that all costs and expenses resulting from any such decision by Tenant shall be payable out of the TI Allowance (as defined in Section 5(a) below), and (iii) Tenant’s 's decision will not affect the structural components of the Building or any Building Systems. Any changes to the TI Construction Drawings following Landlord’s 's and Tenant’s 's approval of same requested by Tenant shall be processed as provided in Section 4 hereof. Notwithstanding anything to the contrary contained herein, Landlord shall have the right to make final decisions, in Landlord’s sole and absolute subjective discretion, with respect to matters concerning the exterior components, site work, façade or other structural components of the Building or any Building System.