Common use of Approval of Plans and Specifications Clause in Contracts

Approval of Plans and Specifications. Landlord acknowledges that it has approved Tenant's preliminary plans for Tenant's Work which are annexed hereto as Exhibit 4 and Tenant's proposed signage annexed hereto as Exhibit 5 made a part hereof (herein "Tenant's Preliminary Plans"). Within sixty (60) days following the Effective Date, Tenant shall submit to Landlord for Landlord's prior approval, the proposed working plans and specifications for Tenant's Work, including Tenant's signage and final site plan. Landlord's approval or disapproval (and the reasons for any disapproval) shall be communicated to Tenant within ten (10) business days following Landlord's receipt of Tenant's plans and specifications for Tenant's Work. If Landlord disapproves any portion of Tenant's plans and specifications, Tenant shall, within a reasonable period of time after Landlord's disapproval, submit substitute plans and specifications or portions thereof for Tenant's Work which satisfy Landlord's reasons for disapproval, and the same provisions as hereinabove set forth in this Section shall apply with respect to Landlord's approval or disapproval of such substitute plans and specifications or portions thereof and, if necessary, Tenant shall resubmit such plans and specifications until same have been approved by Landlord; provided, however, if Landlord disapproves of such plans and specifications more than twice, then Tenant may terminate this lease within fifteen (15) days following any disapproval of such plans and specifications by Landlord after the second disapproval by Landlord of the same. When such plans and specifications have been approved by Landlord (herein the "Approved Plans"), sets of the Approved Plans shall be signed by Landlord and Tenant, and at least one (1) set so signed shall be delivered to each party.

Approval of Plans and Specifications. Landlord acknowledges that it has approved Tenant's preliminary plans for Tenant's Work which are annexed hereto as Exhibit 4 and Tenant's proposed signage annexed hereto as Exhibit 5 made a part hereof (herein "Tenant's Preliminary Plans"). Within sixty (60) days following the Effective Date, Tenant shall submit prepare and deliver to Landlord for Landlord's prior approvalreview and approval three (3) sets, plus one (1) reproducible set, of all of the proposed final working plans and specifications drawings for Tenant's Work, including Tenant's signage and final site planthe Tenant Improvements ("TI DRAWINGS") which shall cover the work generally described on attached Schedule 1. Upon completion of Landlord's review, Tenant shall have five (5) days in which to resubmit, if necessary, revised TI Drawings to Landlord for Landlord's review and approval. Landlord shall not have any obligation to approve any TI Drawings that (i) do not conform to applicable statutes, ordinances or regulations or is disapproved by any governmental agency, (ii) requires building service beyond the level normally provided to other tenants in the Business Center, (iii) overload the floor, (iv) may, as determined by Landlord, in Landlord's sole and absolute discretion, adversely impact the structural integrity of the Building or any of the Building systems, (v) can be seen from the exterior of the Building, (vi) increase any of Landlord's costs, or (vii) are, in Landlord's sole opinion, of a nature or quality that is inconsistent with the objectives of Landlord for the Business Center. If Tenant and Landlord are unable to agree on the TI Drawings, such dispute shall be resolved by the Landlord, DeRevere & Associates, whose determination shall be final. Following such approval or disapproval (of the TI Drawings, both parties shall sign and deliver to each other duplicate copies of the reasons TI Drawings. Thereafter, changes may be made only in strict accordance with the construction contract for the Tenant Improvements, and Landlord shall have approval rights therein to any material changes. The term "APPROVED DRAWINGS" shall include such changes. Upon receipt of a request by Tenant to approve the TI Drawings for any disapproval) part thereof, Landlord shall be communicated to Tenant within have ten (10) business days following Landlord's receipt of Tenant's plans the request together with all reasonable supporting documentation in which to review in good faith the submitted drawings and specifications other documents to determine whether they meet the standards for Tenant's Workthe Building. If Landlord disapproves any portion of Tenant's plans and specifications, Tenant shall, within a reasonable period of time after Landlord's disapproval, submit substitute plans and specifications On or portions thereof for Tenant's Work which satisfy Landlord's reasons for disapproval, and before the same provisions as hereinabove set forth in this Section shall apply with respect to Landlord's approval or disapproval of such substitute plans and specifications or portions thereof and, if necessary, Tenant shall resubmit such plans and specifications until same have been approved by Landlord; provided, however, if Landlord disapproves of such plans and specifications more than twice, then Tenant may terminate this lease within fifteen (15) days following any disapproval of such plans and specifications by Landlord after the second disapproval by Landlord expiration of the same. When such plans review period, Landlord shall prepare and specifications submit to Tenant in writing any comments, suggestions, modifications or objections it may have been approved by Landlord (herein to the "Approved Plans"), sets of the Approved Plans shall be signed by Landlord and Tenant, and at least one (1) set so signed shall be delivered to each partysubmitted drawings or documents.

Approval of Plans and Specifications. Within seven (7) Business Days after the District’s receipt of any initial (or resubmitted, if applicable) set of Plans and Specifications for each Design Phase of the Tenant Improvements (the “Response Period”), the District shall notify Landlord acknowledges that it has approved Tenant's preliminary plans for Tenant's Work which are annexed hereto as Exhibit 4 and Tenant's proposed signage annexed hereto as Exhibit 5 made a part hereof of the District’s approval thereof or the reasons why such approval was withheld or is not granted (herein "Tenant's Preliminary Plans"with any denial specifying the District’s reasons in reasonable detail). Within sixty (60) days following Landlord shall cause Project Architect to make any revisions necessary to address the Effective DateDistrict’s comments on each Design Phase’s Plans and Specifications, Tenant and resubmit the same for the District’s approval. The revisions and resubmissions shall submit to Landlord for Landlord's prior continue until District gives its final approval, or is deemed to have given final approval (as provided in Section 7 below) of each Design Phase’s Plans and Specifications. Following the proposed working plans and specifications for Tenant's Work, including Tenant's signage and final site plan. Landlord's District’s approval or disapproval deemed approval of the Plans and Specifications for PAGE 70 OF 135 (as modified) DC DGS FORM L-105 (3/2018) 0000 Xxxxxxxxx Xxxxxx XX XX 000000000x0 EXECUTION VERSION the final Design Phase, Landlord shall cause the Project Architect to submit complete and unified Plans and Specifications for all Design Phases of the Tenant Improvements which incorporate the revised and approved Plans and Specifications for each Design Phase (the “Complete Plans and Specifications”), and Landlord shall deliver to the District therewith the then current budget based on such Complete Plans and Specifications. Within five (5) Business Days after Landlord’s delivery to the District of the Complete Plans and Specifications (the “Final Response Period”), the District shall notify Landlord of the District’s approval thereof or the reasons why such approval was withheld or is not granted (with any denial specifying the District’s reasons in reasonable detail). Landlord shall cause Project Architect to make any revisions necessary to address the District’s comments on each Design Phase’s Plans and Specifications or the Complete Plans and Specifications (as applicable), and resubmit the same for any disapprovalthe District’s approval. The revisions and resubmissions shall continue until the District gives its final approval, or is deemed to have given final approval (as provided in Section 7 below) of each Design Phase’s Plans and Specifications or of the Complete Plans and Specifications. The process of revising, resubmitting and reviewing the resubmission shall be communicated to Tenant within ten (10) business days following Landlord's receipt of Tenant's plans and specifications for Tenant's Work. If Landlord disapproves any portion of Tenant's plans and specifications, Tenant shall, within a reasonable period of time after Landlord's disapproval, submit substitute plans and specifications or portions thereof for Tenant's Work which satisfy Landlord's reasons for disapproval, and the same provisions as hereinabove set forth provided above in this Section 6. Such final approved (or deemed approved) Complete Plans and Specifications shall apply with respect to Landlord's be the “Final Plans and Specifications”. The District will not unreasonably withhold, condition or delay its approval of any aspects of any Design Phase’s Plans and Specifications (or disapproval of such substitute plans and specifications or portions thereof and, if necessary, Tenant shall resubmit such plans and specifications until same have been approved by Landlord; provided, however, if Landlord disapproves of such plans and specifications more than twice, then Tenant may terminate this lease within fifteen (15) days following any disapproval of such plans and specifications by Landlord after the second disapproval by Landlord of the same. When such plans Complete Plans and specifications have been approved by Landlord (herein Specifications) for the "Approved Plans"), sets of the Approved Plans shall be signed by Landlord and TenantTenant Improvements which are consistent with, and at least one in accordance with, the District Requirements and shall not disapprove any aspects of any Design Phase’s Plans and Specifications that do not reflect a material change from the Plans and Specifications for the immediately preceding Design Phases that the District had approved or which had been deemed approved (1) set so signed it being agreed that additional detail provided in subsequent plans shall be delivered to each partynot constitute a change).

Approval of Plans and Specifications. Landlord acknowledges that it has approved Tenant's preliminary plans for Tenant's Work which are annexed A design development plan (the “DD Plan”) and Basis of Design (the “BOD”) is attached hereto as Exhibit 4 and Tenant's proposed signage annexed hereto as Exhibit 5 made a part hereof (herein "Tenant's Preliminary Plans")as Schedule B-1. Within sixty (60) days following Landlord and Tenant hereby approve the Effective Date, Tenant shall submit to Landlord for Landlord's prior approval, the proposed working plans and specifications for Tenant's Work, including Tenant's signage and final site plan. Landlord's approval or disapproval (DD Plan and the reasons BOD. Tenant shall, by not later than July 1, 2021 (the “Tenant Plans Date”), cause Tenant’s architect (“Architect”) to convert the DD Plan into a complete set of construction drawings (collectively the “Initial Plans”) which conform to all applicable laws, regulations, rules, ordinances and codes and in suitable form for any disapproval) filing an application for a building permit with the City of Cambridge. Landlord shall be communicated to Tenant review and either approve or disapprove of the Initial Plans in writing within ten (10) business days following Landlord's Business Days of its receipt of Tenant's plans and specifications for Tenant's Workthe Initial Plans. If Landlord disapproves of the Plans, it shall provide detailed and specific reasons for such disapproval. Tenant shall promptly cause Lxxxxxxx’s comments or objections to be addressed in and incorporated into the next submitted set of the Initial Plans due from Tenant under this Work Letter or, with respect to the Final Plans, Tenant shall have the Final Plans revised by its architect to incorporate all reasonable objections and conditions presented by Landlord and resubmitted to Landlord within five (5) business days following receipt. This procedure shall continue until the Initial Plans are approved by both parties as the “Final Plans.” Landlord and Tenant shall use their good faith and reasonable efforts to agree upon the Final Plans as soon as reasonably practicable. The tenant improvement work described in the Final Plans is hereinafter referred to as the “Tenant Improvements”. If the Final Plans have not been approved by August 1, 2021, except only if due to a failure of Landlord to respond to Tenant’s submissions of the plans within the time periods set forth in this Exhibit B, then such failure shall constitute a Tenant Delay. Tenant shall respond to any portion written request from Landlord, Lxxxxxxx’s architect, Lxxxxxxx’s contractor and/or Landlord’s Construction Representative for approvals or information in connection with the Tenant Improvements within two (2) business days of Tenant's plans and specificationsTxxxxx’s receipt of such written request. In addition, Tenant shall, within two (2) business days after receipt thereof from Landlord, execute and deliver to Landlord any affidavits and documentation required in order to obtain all permits and approvals necessary for Landlord to commence and complete the Tenant Improvements on a reasonable period of time after Landlord's disapproval, submit substitute plans and specifications or portions thereof for Tenant's Work which satisfy Landlord's reasons for disapproval, and the same provisions as hereinabove set forth in this Section shall apply with respect to Landlord's approval or disapproval of such substitute plans and specifications or portions thereof and, if necessary, Tenant shall resubmit such plans and specifications until same have been approved by Landlord; provided, however, if Landlord disapproves of such plans and specifications more than twice, then Tenant may terminate this lease within fifteen (15) days following any disapproval of such plans and specifications by Landlord after the second disapproval by Landlord of the same. When such plans and specifications have been approved by Landlord (herein the "Approved Plans"), sets of the Approved Plans shall be signed by Landlord and Tenant, and at least one (1) set so signed shall be delivered to each partytimely basis.

Approval of Plans and Specifications. Landlord acknowledges that it has approved Tenant's preliminary plans for Tenant's Work which are annexed hereto as Exhibit 4 and Tenant's proposed signage annexed hereto as Exhibit 5 made a part hereof (herein "Tenant's Preliminary Plans"). Within sixty (60) days following the Effective Date, Tenant shall submit the Plans and Specifications to Landlord for Landlord's prior approvalapproval by Landlord within one hundred and twenty (120) days after the execution date of this Sublease. Tenant shall take no action to effectuate the Plans and Specifications unless Landlord has approved them, the proposed working plans and specifications for Tenant's Work, including Tenant's signage and final site plan. Landlord's which approval shall not be unreasonably withheld or disapproval delayed (and in no event beyond thirty (30) days from the reasons for any disapproval) shall be communicated date provided to Tenant within ten (10) business days following Landlord's receipt of Landlord by Tenant's plans and specifications for Tenant's Work). If Landlord disapproves any portion of such Plans and Specifications, it shall promptly notify the Tenant thereof and shall indicate in detail to the Tenant the nature of such revisions as must be made for them to be approved. Tenant shall not be required to seek additional approval from Landlord for minor or non-material revisions to the Plan and Specifications, so long as Tenant complies with the terms and conditions of the Ground Lease. Upon approval of the Plans and Specifications by Landlord, both parties shall sign the Plans and Specifications and it shall be submitted to the Ground Lessor for approval. Upon approval of the Plans and Specifications by the Ground Lessor, the Plans and Specifications shall be submitted to any other applicable governmental agencies, including the Federal Aviation Administration ("FAA"), for requisite review and approval. Tenant agrees to use its best efforts to obtain approval of the Plans and Specifications by Landlord, the Ground Lessor and any other applicable governmental agencies and shall make any necessary revisions to the Plans and Specifications in a timely manner. Landlord agrees to reasonably assist Tenant in obtaining approval of the Ground Lessor of Tenant's plans Plans and specifications, Tenant shall, within a reasonable period Specifications hereunder. If such Plans and Specifications are not reasonably approved by any of time after Landlord's disapproval, submit substitute plans and specifications or portions thereof for Tenant's Work which satisfy Landlord's reasons for disapproval, and the same provisions as hereinabove set forth in this Section shall apply with respect to Landlord's approval or disapproval of such substitute plans and specifications or portions thereof and, if necessaryapplicable parties, Tenant shall resubmit such plans and specifications until same have been approved by Landlord; provided, however, if Landlord disapproves of such plans and specifications more than twice, then Tenant may the right to terminate this lease within fifteen Sublease upon thirty (1530) days following any disapproval of such plans written notice and specifications by Landlord after the second disapproval by Landlord of the same. When such plans all obligations and specifications have been approved by Landlord (herein the "Approved Plans"), sets of the Approved Plans liabilities shall terminate and Rent shall be signed by prorated accordingly. Tenant agrees to send Landlord and Tenant, and at least one (1) set so signed shall be delivered copies of all correspondence to each partyGround Lessor relating to this Sublease.

Approval of Plans and Specifications. Landlord acknowledges that it has approved Lessee at its cost shall prepare and deliver to Lessor for its approval two (2) sets of the plans and specifications (“Tenant's preliminary plans ’s Plans”) for interior improvements to the Premises, including without limitation interior walls, plumbing, lighting, fixtures, electrical, and all other work necessary to enable Tenant to operate the Premises for the Primary Use (“Tenant's Work ’s Work”), which are annexed hereto as Exhibit 4 shall be subject to Lessor’s approval, which shall not be unreasonably withheld or conditioned. Lessor shall not be able to arbitrarily disapprove Tenant’s Plans, and shall only disapprove Tenant's proposed signage annexed hereto as Exhibit 5 made a part hereof ’s Plans if (herein "Tenant's Preliminary Plans")1) the design negatively impacts the Building systems, (2) the design negatively impacts the Building structure, (3) the design is not in compliance with current building codes, or (4) the design negatively impacts the exterior appearance of the Building, or (5) the cost of removal at the end of the Lease will be excessive, unless Lessee posts sufficient security for such removal cost. Within sixty 10 days after receipt of the Tenant Plans, Lessor shall return to Lessee one (601) days following set of prints of the Effective DateTenant Plans with Lessor’s modifications or its approval. If the Tenant Plans are returned to Lessee with modifications, Tenant shall submit to Landlord for Landlord's prior but not bearing Lessor’s approval, the proposed working plans and specifications for Tenant's Work, including Tenant's signage and final site plan. Landlord's approval or disapproval (and the reasons for any disapproval) Tenant Plans shall be communicated immediately revised by Lessee and submitted to Tenant Lessor for its approval within ten (10) business days following Landlord's of their receipt by Lessee. Upon approval by Lessor, Lessee shall file a full and complete application for a building permit along with required fees and costs and obtain the necessary building permits. Following issuance of the building permits, Lessee shall commence construction of Tenant's plans ’s Work and specifications for diligently prosecute Tenant's Work’s Work to completion. If Landlord disapproves Lessor reserves the right to approve Lessee’s contractor and major subcontractors, but such approval shall not be unreasonably withheld or delayed. Notwithstanding Paragraph 7.4(b), Lessee need not remove any portion of Tenant's plans ’s Work, which Lessor expressly agrees in writing in its sole and specifications, Tenant shall, within a reasonable period of time after Landlord's disapproval, submit substitute plans and specifications or portions thereof for Tenant's Work which satisfy Landlord's reasons for disapproval, and the same provisions as hereinabove set forth in this Section shall apply with respect to Landlord's approval or disapproval of such substitute plans and specifications or portions thereof and, if necessary, Tenant shall resubmit such plans and specifications until same have been approved by Landlord; provided, however, if Landlord disapproves of such plans and specifications more than twice, then Tenant may terminate this lease within fifteen (15) days following any disapproval of such plans and specifications by Landlord after the second disapproval by Landlord of the same. When such plans and specifications have been approved by Landlord (herein the "Approved Plans"), sets of the Approved Plans shall absolute discretion need not be signed by Landlord and Tenant, and at least one (1) set so signed shall be delivered to each partyremoved.

Approval of Plans and Specifications. Landlord acknowledges that it has and the President of North Dakota State University (the “President”) have approved Tenant's ’s preliminary plans for Tenant's ’s Work which are annexed hereto as identified on Exhibit 4 and (“Tenant's proposed signage annexed hereto as Exhibit 5 made a part hereof (herein "Tenant's ’s Preliminary Plans"”). Within sixty thirty (6030) days following the Effective Date, Tenant shall submit to Landlord for Landlord's ’s prior approval, which approval shall not be unreasonably withheld, the proposed working plans and specifications for Tenant's ’s Work, including Tenant's ’s signage and final site plan. Landlord's ’s approval or disapproval (and the reasons for any disapproval) shall be communicated to Tenant within ten (10) business days following Landlord's ’s receipt of Tenant's ’s plans and specifications for Tenant's ’s Work. If Landlord disapproves any portion of Tenant's ’s plans and specifications, Tenant shall, within a reasonable period of time after Landlord's ’s disapproval, submit substitute plans and specifications specifications, or portions thereof thereof, for Tenant's ’s Work which satisfy Landlord's ’s reasons for disapproval, and the same provisions as hereinabove herein above set forth in this Section shall apply with respect to Landlord's ’s approval or disapproval of such substitute plans and specifications or portions thereof and, if thereof. If necessary, Tenant shall resubmit such plans and specifications until same have been approved by Landlord; provided, however, if Landlord disapproves of such plans and specifications more than twice, then Tenant may terminate this lease Lease within fifteen (15) days following any second disapproval of such plans and specifications by Landlord after the second disapproval by Landlord of the sameLandlord. When such plans and specifications have been approved by Landlord (herein the "“Approved Plans"”), sets of the Approved Plans shall be signed by Landlord and Tenant, and at least one (1) signed set so signed shall be delivered to each party. Notwithstanding anything herein to the contrary, Landlord and Tenant acknowledge that any design, alteration, construction or similar approval of Landlord required hereunder also requires the review and approval of the President pursuant to the Underlying Lease, which approval shall not be unreasonably withheld, Further, Landlord may delegate any and all such review activities hereunder directly to the President.

Approval of Plans and Specifications. 2.1 Tenant shall prepare and deliver to Landlord acknowledges that it has approved Tenant's preliminary plans for Tenant's Work Landlord’s review and approval three (3) sets, plus one (1) reproducible set, of all of the final working drawings for the Tenant Improvements which are annexed hereto as Exhibit 4 and Tenant's proposed signage annexed hereto as Exhibit 5 made a part hereof shall substantially conform to the Approved Plan (herein "Tenant's Preliminary Plans"“TI Drawings”). Within sixty (60) days following Concurrently with submission of the Effective Date, Tenant TI Drawings Tenants shall submit to Landlord for Landlord's prior approvalreview Tenant’s proposed signage, the proposed working plans and specifications for Tenant's Work, including Tenant's signage and final site plan. Landlord's approval or disapproval (and the reasons for any disapproval) which shall be communicated to Tenant within ten (10) business days following consistent with the Sign Criteria. Upon completion of Landlord's receipt of Tenant's plans and specifications for Tenant's Work. If Landlord disapproves any portion of Tenant's plans and specifications’s review, Tenant shall, within a reasonable period of time after Landlord's disapproval, submit substitute plans and specifications or portions thereof for Tenant's Work shall have five (5) days in which satisfy Landlord's reasons for disapproval, and the same provisions as hereinabove set forth in this Section shall apply with respect to Landlord's approval or disapproval of such substitute plans and specifications or portions thereof andresubmit, if necessary, Tenant revised TI Drawings to Landlord for Landlord’s review and approval. Landlord shall resubmit such plans and specifications until same not have been approved any obligation to approve any TI Drawings that (i) do not conform to applicable statutes, ordinances or regulations or is disapproved by any governmental agency, (ii) requires building service beyond the level normally provided to other tenants in the Project, (iii) overload the floor, (iv) may, as determined by Landlord; provided, howeverin Landlord’s sole and absolute discretion, if Landlord disapproves of such plans and specifications more than twice, then Tenant may terminate this lease within fifteen (15) days following any disapproval of such plans and specifications by Landlord after adversely impact the second disapproval by Landlord structural integrity of the same. When such plans and specifications have been approved by Landlord (herein the "Approved Plans"), sets Building or any of the Approved Plans Building systems, (v) can be seen from the exterior of the Building, (vi) increase any of Landlord’s costs, or (vii) are, in Landlord’s sole opinion, of a nature or quality that is inconsistent with the objectives of Landlord for the Project. If Tenant and Landlord are unable to agree on the TI Drawings, such dispute shall be signed resolved by Landlord the Project architect, DeRevere & Associates, whose determination shall be final. Following such approval of the TI Drawings, both parties shall sign and Tenantdeliver to each other duplicate copies of the TI Drawings. Thereafter, changes may be made only in strict accordance with the construction contract for the Tenant Improvements, and at least one (1) set so signed Landlord shall be delivered have approval rights therein to each partyany material changes. The term “Approved Drawings” shall include such changes.

Approval of Plans and Specifications. Landlord acknowledges that it has approved Tenant's preliminary plans for Tenant's Work which are annexed hereto as Exhibit 4 and Tenant's proposed signage annexed hereto as Exhibit 5 made a part hereof (herein "Tenant's Preliminary Plans"). Within sixty (60) days following The TI Architect will prepare the Effective Date, Tenant shall submit to Landlord for Landlord's prior approval, the proposed working plans and specifications for Tenant's Workthe Turnkey Work to be completed in the Premises, including Tenant's signage the items specified in the “TI ($ /SF)” column in Addendum 1 attached hereto, but excluding the Core and final site plan. Shell and Common Area Work specified as Landlord's approval ’s obligation except as required if sections, items or disapproval (specifications from Landlord’s plans for the Core and the reasons for any disapproval) shall Shell and Common Area Work need to be communicated to Tenant within ten (10) business days following Landlord's receipt of Tenant's shown in said plans and specifications prepared by the TI Architect which for Tenant's clarification purposes, will remain as Landlord’s obligations (the “Plans and Specifications”). The Plans and Specifications will (a) be compatible with the design, construction and equipment of the Building, (b) comply with {00224903.DOC:8} 71 all applicable local and State laws, rules and regulations, (d) be capable of logical measurement and construction, (e) contain all such reasonable information as may be required for the construction of the Turnkey Work, and (f) contain all partition locations, plumbing locations, air conditioning system and duct work, special air conditioning or venting requirements, reflected ceiling plans, office equipment locations and special security systems. If Landlord It is understood and agreed by the parties that the Plans and Specifications may or will include MEP drawings prepared the MEP Engineer. Within seven (7) Business Days after receipt by Tenant of the Plans and Specifications (i) Tenant will give its written approval thereto, or (ii) if Tenant reasonably disapproves any portion of Tenant's plans the work reflected in the Plans and specificationsSpecifications, Tenant shallwill request other revisions or modifications therein. Within five (5) Business Days following receipt by Tenant of such revisions or modifications, within a reasonable period of time after Landlord's disapproval, submit substitute plans and specifications Tenant will give its written approval thereto or portions thereof for will request other revisions or modifications therein (but relating only to the extent Landlord has failed to comply with Tenant's Work which satisfy Landlord's reasons for disapproval, and the same provisions as hereinabove ’s earlier requests). The procedure set forth in the preceding sentence will be implemented repeatedly until Tenant has given its written approval of the Plans and Specifications (as approved, the “Approved Plans and Specifications”). Delivery of all plans and drawings referred to in this Section shall apply with respect to Landlord's approval will be by email, messenger service or disapproval of such substitute plans and specifications or portions thereof andpersonal hand delivery, if necessary, Tenant shall resubmit such plans and specifications until same have been approved by Landlord; provided, however, if Landlord disapproves of such plans and specifications more than twice, then Tenant may terminate this lease within fifteen (15) days following any disapproval of such plans and specifications by Landlord after the second disapproval by Landlord of the same. When such plans and specifications have been approved by Landlord (herein the "Approved Plans"), sets of the Approved Plans shall be signed unless otherwise agreed by Landlord and Tenant. Landlord will provide written notice to Tenant at the time the Plans and Specifications are approved of any items of Turnkey Work that Tenant will be required to remove at the end of the Term, and if no such notice is given, Tenant will not be required to remove any Turnkey Work at least one the end of the Term. Landlord will prepare a construction budget as soon as reasonably possible following the completion of the Plans and Specifications and will submit such budget to Tenant for Tenant’s review and approval (1) set so signed shall be delivered to each partythe “Turnkey Work Budget”).

Approval of Plans and Specifications. Landlord acknowledges that it has approved Tenant's preliminary plans for Tenant's Work which are annexed hereto as Exhibit 4 and Tenant's proposed signage annexed hereto as Exhibit 5 made a part hereof (herein "Tenant's Preliminary Plans"). Within sixty (60) days following the Effective DateBefore proceeding with any Alteration, Tenant shall submit for approval a reasonable number of copies of the Plans and Specifications for such Alteration to Landlord for Landlord's prior approval. The term "Plans and Specifications" with respect to any Alteration shall mean architectural, the proposed working mechanical and engineering plans and specifications prepared and sealed by an architect or professional engineer licensed to practice as such in the State of New York and reasonably satisfactory to Landlord ("Tenant's Architect") (a) sufficient to secure all required governmental approvals and permits, (b) sufficient for a contractor to perform the work covered thereby and shown thereon and (c) sufficient to determine (i) if the materials to be used by Tenant are acceptable to Landlord, (ii) if the Alteration is likely to comply with all applicable laws and (iii) the effect of the Alteration on the structural components, service systems and facilities of the Building. Within ten (10) Business Days after its receipt of the Plans and Specifications for any Alteration proposed by Tenant, Landlord shall advise Tenant of its approval thereof or provide Tenant with its required revisions thereto. Any revisions to the Plans and Specifications for an Alteration proposed by Tenant shall be reviewed by Landlord within five (5) Business Days of its receipt thereof in each case. Except in the case of Tenant's Work, including if Landlord fails to respond to Tenant regarding its Plans and Specifications or any revisions thereto within the indicated time periods, Tenant may send a reminder notice (a "Reminder Notice") to Landlord and if Landlord continues to fail to respond for more than three (3) Business Days after its receipt of the Reminder Notice, Tenant's signage ’s proposed Plans and final site plan. Landlord's approval or disapproval (and the reasons for any disapproval) Specifications shall be communicated deemed to Tenant within ten (10) business days following Landlord's receipt of Tenant's plans and specifications for Tenant's Work. If Landlord disapproves any portion of Tenant's plans and specifications, Tenant shall, within a reasonable period of time after Landlord's disapproval, submit substitute plans and specifications or portions thereof for Tenant's Work which satisfy Landlord's reasons for disapproval, and the same provisions as hereinabove set forth in this Section shall apply with respect to Landlord's approval or disapproval of such substitute plans and specifications or portions thereof and, if necessary, Tenant shall resubmit such plans and specifications until same have been approved by Landlord; provided, however, if Landlord disapproves of such plans . Any revisions to the Plans and specifications more than twice, then Tenant may terminate this lease within fifteen (15) days following any disapproval of such plans and specifications by Landlord after the second disapproval by Landlord of the same. When such plans and specifications Specifications which have been approved by Landlord (herein the "Approved Final Plans"), sets ) which are made prior to or after commencement of any Alteration shall be subject to review and approval or disapproval by Landlord in accordance with the requirements of the Approved preceding paragraphs of this Section 8.2. The review and approval by Landlord, its agents, consultants and/or contractors of any Alteration or of Plans and Specifications are solely for the benefit of Landlord, and neither Landlord nor any of its agents, consultants or contractors shall be signed by Landlord and have any duty toward Tenant, nor shall Landlord or any of its agents, consultants and/or contractors be deemed to have made any representation or warranty to Tenant, or have any liability, with respect to the safety, adequacy, correctness, efficiency or compliance with laws of the Plans and at least one (1) set so signed shall be delivered to each partySpecifications, the Alteration, or any other matter relating thereto.