Common use of Approval and Completion Clause in Contracts

Approval and Completion. It is hereby acknowledged by Landlord and Tenant that the Construction Drawings must be completed and approved not later than the date set forth in the Critical Dates Schedule, in order for the Warm Shell and Tenant Improvements to be Substantially Complete by the Target Commencement Date (as defined in the Lease). Upon any dispute regarding the design of the Warm Shell and Tenant 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 the Warm Shell and 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 Warm Up/TI Fund, and (iii) Tenant’s decision will not affect the base Buildings, structural components of the Buildings or any Building Systems (in which case Landlord shall make the final decision). Any changes to the Construction Drawings following Landlord’s and Tenant’s approval of same requested by Tenant shall be processed as provided in Section 4 hereof.

Approval and Completion. It is hereby acknowledged by Landlord and Tenant that the Construction Drawings must schematic design of the Tenant Improvements, the design development for the Tenant Improvements and the completion of the permit set of plans for Landlord’s Work to be completed and approved not later than by the date dates set forth in the Critical Dates list of critical dates attached hereto as Schedule 3 (the “Schedule”), in order for the Warm Shell and Tenant Improvements to be Substantially Complete by the Target Commencement Date (as defined in the Lease). Upon any dispute regarding the design of the Warm Shell and Tenant 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 the Warm Shell and Tenant Improvements, provided (i) Tenant acts reasonably and such final decision is either consistent with or a compromise between Landlord’s and Tenant’s Texxxx’x 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 Warm Up/TI Fundby Texxxx, and (iii) Tenant’s decision will not affect the base BuildingsBuilding, structural components of the Buildings Building or any Building Systems (in which case Landlord shall make the final decision). Any changes to the TI Construction Drawings following Landlord’s and Tenant’s Texxxx’x approval of same requested by Tenant shall be processed as provided in Section 4 hereof.

Approval and Completion. It is hereby acknowledged by Landlord and Tenant that the TI Construction Drawings must be completed and approved not later than for submission by the date set forth in on the Critical Dates Scheduleconstruction schedule attached hereto as Schedule 4, in order for the Warm Shell and Tenant Improvements in Suite 1 to be Substantially Complete by the Target Commencement Date (as defined in the Lease)) and the Suites 2-4 Tenant Improvements to be Substantially Complete by the Suites 2-4 Target Commencement Date. Upon any dispute regarding the design of the Warm Shell and Tenant 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 the Warm Shell and 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 Warm Up/TI Fundby Tenant, and (iii) Tenant’s decision will not affect the base BuildingsBuilding, structural components of the Buildings Building or any Building Systems (in which case Landlord shall make the final decision)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.

Approval and Completion. It is hereby acknowledged by Landlord and Tenant that the Construction Drawings must be completed and approved not later than the date set forth in the Critical Dates Schedule, in order for the Warm Shell and Tenant Improvements to be Substantially Complete by the Target Commencement Date (as defined in the Lease). Upon If any dispute regarding the design of the Warm Shell and Tenant Improvements, which 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 the Warm Shell and 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 by Tenant, including utilizing the Warm Up/TI FundAllowance pursuant to Section 6(d), and (iii) Tenant’s decision will not affect the base BuildingsBuilding, the structural components of the Buildings Building, any Building systems, or any Building Systems areas outside the Premises (including the Expansion Premises) (in which case Landlord shall make the final decision). If any dispute regarding the design of the Lobby Improvements is not settled within ten (10) business days after notice of such dispute is delivered by one party to the other, Landlord may make the final decision regarding the design of the Lobby Improvements in its sole and absolute discretion. Any changes to the Construction Drawings following Landlord’s and Tenant’s approval of same requested by Tenant shall be processed as provided in Section 4 5 hereof.

Approval and Completion. It is hereby acknowledged by Landlord and Tenant that the Construction Drawings must schematic design of the Tenant Improvements, the design development for the Tenant Improvements and the completion of the permit set of plans for Landlord’s Work to be completed and approved not later than by the date dates set forth in the Critical Dates list of critical dates attached hereto as Schedule 3 (the “Schedule”), in order for the Warm Shell and Tenant Improvements to be Substantially Complete by the Target Commencement Date (as defined in the Lease). Upon any dispute regarding the design of the Warm Shell and Tenant 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 the Warm Shell and Tenant Improvements, provided (i) Tenant acts reasonably and such final decision is either consistent with or a compromise between Landlord’s and TenantXxxxxx’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 Warm Up/TI Fundby Xxxxxx, and (iii) Tenant’s decision will not affect the base BuildingsBuilding, structural components of the Buildings Building or any Building Systems (in which case Landlord shall make the final decision). Any changes to the TI Construction Drawings following Landlord’s and TenantXxxxxx’s approval of same requested by Tenant shall be processed as provided in Section 4 hereof.