Common use of Final Plans and Specifications Clause in Contracts

Final Plans and Specifications. 2.4.1 Following Landlord's approval of the Preliminary Plans, Tenant shall cause the Architect to prepare and deliver to Landlord for review: (i) construction plans, specifications and drawings for Tenant's Work ("CONSTRUCTION DRAWINGS"), and (ii) a detailed cost estimate for Tenant's Work broken down by trade (i.e., mechanical, electrical, plumbing, etc.), unit prices for the items specified in the Construction Drawings and a project construction schedule in a format reasonably acceptable to both parties (collectively such items listed in clauses (i) and (ii) are referred to herein as the "CONSTRUCTION DATA"). Landlord shall have the right to approve or disapprove the Construction Drawings, which approval shall not be unreasonably withheld or delayed. Landlord may participate in all design meetings with Tenant, the Architect, Contractor and other design professional as appropriate in the course of the development of the Construction Data. Landlord shall deliver its approval or disapproval of the Construction Drawings to Tenant not later than 5 business days after Landlord's receipt of same. If Landlord disapproves the Construction Drawings such disapproval shall be accompanied by detailed written comments setting forth the basis for such disapproval. Tenant and the Architect shall, within 5 business days after receipt of Landlord's disapproval of the Construction Drawings cause the Construction Drawings to be redrafted to address such issues, and shall resubmit them for Landlord's approval as described herein until Landlord approves the Construction Drawings. Tenant shall be solely responsible for ensuring that the Construction Drawings reflect Tenant's requirements for the Tenant Improvements.

Final Plans and Specifications. 2.4.1 Following Landlord's After approval of the Preliminary Plans, Tenant shall cause the Architect to prepare and deliver to Landlord for review: (i) construction preliminary plans, Lessee shall submit for approval by Director six (6) complete sets of final plans, detailed specifications and drawings for Tenant's Work ("CONSTRUCTION DRAWINGS"), and (ii) a detailed construction cost estimate for Tenant's Work broken down by trade (i.e., mechanical, electrical, plumbing, etc.), unit prices statement for the items specified Alterations, together with one (1) set of appropriate structural computations, identical to those requested or required by the County Director of Public Works incident to the issuance of building permits under the relevant provisions of the Los Angeles County Building Code. Lessee shall file duplicate copies of the final plans, detailed specifications and construction cost statement required by this Section with the County Director of Public Works, together with the necessary and appropriate applications for building permits. Any difference in the Construction Drawings scope, size, configuration, arrangement or motif of the Alterations from those described in the approved preliminary plans and a project construction schedule in a format reasonably acceptable to both parties (collectively such items listed in clauses (i) specifications shall be separately identified and (ii) are referred to herein as the "CONSTRUCTION DATA")described. Landlord Director shall have the right twenty one (21) days within which to approve or disapprove such submission, and Director may disapprove such submission only on the Construction Drawingsgrounds that (i) they do not reflect a natural evolution from or that they materially differ from the approved preliminary plans, outline specifications and construction cost estimates (exclusive of any Approved Governmental Changes), or (ii) that any new, different or additional specifications for the Improvements not expressly set forth in, and approved by Director as a part of, the preliminary plans do not meet the requirements for the Improvements set forth in this Article 5. Failure of Director to disapprove said materials within twenty one (21) days after Director’s receipt shall be deemed Director’s approval thereof; provided, however, that in the event that the final plans, detailed construction specifications and construction cost statement contain substantial changes from the preliminary plans, outline specifications and construction cost estimates (other than Approved Governmental Changes), then Director shall have sixty (60) days in which to approve said submission, which approval shall be deemed withheld if not granted in writing within such sixty (60) day period; and provided further, that together with the submission of the final plans, detailed construction specifications and construction cost statement, Lessee must deliver to Director a transmittal letter containing the following text prominently displayed in bold faced type: “PURSUANT TO SUBSECTION 5.3.3 OF THE LEASE AGREEMENT, IF THESE MATERIALS CONTAIN NO SUBSTANTIAL CHANGES (OTHER THAN APPROVED GOVERNMENTAL CHANGES) FROM THE MATERIALS PREVIOUSLY SUBMITTED TO YOU, YOU HAVE TWENTY ONE (21) DAYS AFTER RECEIPT OF THESE MATERIALS IN WHICH TO APPROVE OR DISAPPROVE THEM. FAILURE TO DISAPPROVE THESE MATERIALS IN WRITING WITHIN TWENTY ONE (21) DAYS OF YOUR RECEIPT OF THESE MATERIALS SHALL CONSTITUTE YOUR APPROVAL OF THEM.” Following any deemed disapproval of such submission by Director, Director shall, within thirty (30) days after receipt of a written request from Lessee, disclose to Lessee in writing Director’s objections to the submission. Director’s approval shall not be unreasonably withheld withheld; provided, however, that it shall be deemed reasonable to disapprove any submission not in substantial conformity with the approved preliminary plans and specifications (exclusive of any Approved Governmental Changes), or delayed. Landlord may participate in all design meetings with Tenantwhich contains new, different or additional specifications for the Improvements which were not expressly set forth in, and approved by Director as a part of, the Architect, Contractor preliminary plans and other design professional as appropriate in which do not meet the course of the development of the Construction Data. Landlord shall deliver its approval or disapproval of the Construction Drawings to Tenant not later than 5 business days after Landlord's receipt of same. If Landlord disapproves the Construction Drawings such disapproval shall be accompanied by detailed written comments setting forth the basis for such disapproval. Tenant and the Architect shall, within 5 business days after receipt of Landlord's disapproval of the Construction Drawings cause the Construction Drawings to be redrafted to address such issues, and shall resubmit them for Landlord's approval as described herein until Landlord approves the Construction Drawings. Tenant shall be solely responsible for ensuring that the Construction Drawings reflect Tenant's requirements for the Tenant ImprovementsImprovements set forth in this Article 5. No material modification shall be made to the Alterations described in the approved final plans, specifications and costs (the “Final Plans and Specifications”) without the prior written approval of Director, which shall not be unreasonably withheld.

Final Plans and Specifications. 2.4.1 Following Landlord's As soon as practicable, but in no event later than sixty (60) days after the later of (a) approval of the Preliminary Plans, Tenant shall cause the Architect to prepare and deliver to Landlord for review: (i) construction preliminary plans, outline specifications and drawings for Tenant's Work construction cost estimate by Director, or ("CONSTRUCTION DRAWINGS"b) final approval by the California Coastal Commission (if required), Lessee shall submit for approval by Director six (6) complete sets of final plans, detailed specifications and (ii) a detailed construction cost estimate for Tenant's Work broken down the Alterations, together with one (1) set of appropriate structural computations, identical to those requested or required by trade (i.e.the County Director of Public Works incident to the issuance of building permits under the relevant provisions of the Los Angeles County Building Code. Lessee shall file duplicate copies of the final plans, mechanicaldetailed specifications and construction cost statement required by this Section with the County Director of Public Works, electrical, plumbing, etc.), unit prices together with the necessary and appropriate applications for the items specified building permits. Any difference in the Construction Drawings scope, size, configuration, arrangement or motif of the Alterations from those described in the approved preliminary plans and a project construction schedule in a format reasonably acceptable to both parties (collectively such items listed in clauses (i) specifications shall be separately identified and (ii) are referred to herein as the "CONSTRUCTION DATA")described. Landlord Director shall have the right twenty one (21) days after receipt within which to approve or disapprove such submission, and Director may disapprove such submission only on the Construction Drawingsgrounds that (i) they do not reflect a natural evolution from or that they materially differ from the approved preliminary plans, outline specifications and construction cost estimates (exclusive of any Approved Governmental Changes), or (ii) that any new, different or additional specifications for the Improvements not expressly set forth in, and approved by Director as a part of, the preliminary plans do not meet the requirements for the Improvements set forth in this Article 5. Failure of Director to disapprove said final plans and related materials within twenty one (21) days after Director’s receipt shall be deemed Director’s approval thereof; provided, however, that in the event that the final plans, detailed specifications and construction cost estimate contain substantial changes from the approved preliminary plans and specifications, then Director shall have sixty (60) days in which to approve said submission, which approval shall be deemed withheld if not be unreasonably withheld or delayed. Landlord may participate granted in all design meetings writing within such sixty (60) day period; and provided further, that together with Tenant, the Architect, Contractor and other design professional as appropriate in the course submission of the development of final plans, detailed specifications and construction cost estimate, Xxxxxx must deliver to Director a transmittal letter containing the Construction Data. Landlord shall deliver its approval or disapproval of the Construction Drawings to Tenant not later than 5 business days after Landlord's receipt of same. If Landlord disapproves the Construction Drawings such disapproval shall be accompanied by detailed written comments setting forth the basis for such disapproval. Tenant and the Architect shallfollowing text prominently displayed in bold faced type: “PURSUANT TO SUBSECTION 5.3.3 OF THE AMENDED AND RESTATED LEASE AGREEMENT, within 5 business days after receipt of Landlord's disapproval of the Construction Drawings cause the Construction Drawings to be redrafted to address such issuesIF THESE MATERIALS CONTAIN NO SUBSTANTIAL CHANGES FROM THE MATERIALS PREVIOUSLY SUBMITTED TO YOU, and shall resubmit them for Landlord's approval as described herein until Landlord approves the Construction Drawings. Tenant shall be solely responsible for ensuring that the Construction Drawings reflect Tenant's requirements for the Tenant Improvements.YOU HAVE TWENTY-ONE

Final Plans and Specifications. 2.4.1 Following Landlord's approval of the Preliminary Plans, Tenant shall cause the Architect to prepare and deliver to Landlord for review: (i) construction its final working architectural and engineering plans, specifications and drawings ("Final Plans and Specifications") for Tenant's Work ("CONSTRUCTION DRAWINGS"), and (ii) a detailed cost estimate for Tenant's Work broken down by trade (i.e., mechanical, electrical, plumbing, etc.), unit prices for the items specified in the Construction Drawings and a project construction schedule in a format reasonably acceptable to both parties (collectively such items listed in clauses (i) and (ii) are referred to herein as the "CONSTRUCTION DATA")Initial Alterations. Landlord shall have the right to reasonably approve or disapprove (with specific reasons therefor) Tenant's Final Plans and Specifications but only if, and to the extent that, such Final Plans and Specifications in Landlord's reasonable opinion (i) do not materially conform to the scope and preliminary design of Tenant's Initial Alterations, as set forth in Section 3 below and as shown on the attached Floor Plan and Development Drawings; or (ii) include modifications that compromise or otherwise impair the structural integrity of the Building; or (iii) do not conform to any requirements set forth in Section 3 herein; or (iv) negatively affect the exterior appearance of the Premises; or (v) do not conform to industry-standard quality of construction for comparable Class A warehouse buildings in the Oakland, San Leandro, San Lorenzo, Hayward, Union City market; or (vi) are not in strict compliance with Sections 10, 30 and 38 of the Lease. With respect to any such items for which Landlord has approval rights as set forth hereinabove, Landlord shall reasonably approve or disapprove (with specific reasons therefor) Tenant's first submission of the Final Plans and Specifications within five (5) business days after Landlord receives same. If disapproved, Landlord shall return the first submission of the Final Plans and Specifications to Tenant, who shall make all necessary revisions and re-submit the revised Final Plans and Specification to Landlord within five (5) business days after Tenant's receipt thereof. This procedure shall be repeated until Landlord approves, in writing, the Final Plans and Specifications. If Landlord has not approved or disapproved such Final Plans and Specifications within the five (5) business days, Tenant shall provide written notice to Landlord. If Landlord has not approved or disapproved the first submission or any subsequent revised Final Plans and Specifications within five (5) days of receipt of Tenant's notice, Landlord shall be deemed conclusively to have approved the Final Plans and Specifications. Notwithstanding anything herein to the contrary, Landlord and Tenant agree to exercise good faith and due diligence to cause any disputes regarding the Final Plans and Specifications to be resolved promptly. The approved Final Plans and Specifications, as modified (if applicable), shall be deemed the "Construction Documents" for Tenant's Initial Alterations. Delivery of any Final Plans and Specifications and/or Construction Documents and/or any Notices required under this Exhibit L shall be delivered by messenger service, by personal hand delivery or by overnight parcel service to Landlord's and Tenant's Addresses, both as set forth on page 1 of this Lease. To the extent Landlord has the right to approve the Final Plans and Specifications and/or the Construction DrawingsDocuments as hereinabove set forth, which approval Landlord's interest in doing so is to protect the Premises, the Building and Landlord's interest therein. Accordingly, Tenant shall not rely upon Landlord's approvals, and Landlord shall not be unreasonably withheld or delayed. Landlord may participate in all design meetings with Tenantthe guarantor of, nor responsible for, the Architect, Contractor adequacy and other design professional as appropriate in the course correctness or accuracy of the development of Final Plans and Specifications, and the Construction Data. Documents, or the compliance thereof with applicable laws, and Landlord shall deliver its approval or disapproval incur no liability of the Construction Drawings to Tenant not later than 5 business days after Landlord's receipt any kind by reason of same. If Landlord disapproves the Construction Drawings granting such disapproval shall be accompanied by detailed written comments setting forth the basis for such disapproval. Tenant and the Architect shall, within 5 business days after receipt of Landlord's disapproval of the Construction Drawings cause the Construction Drawings to be redrafted to address such issues, and shall resubmit them for Landlord's approval as described herein until Landlord approves the Construction Drawings. Tenant shall be solely responsible for ensuring that the Construction Drawings reflect Tenant's requirements for the Tenant Improvementsapprovals.

Final Plans and Specifications. 2.4.1 Following Landlord's As soon as reasonably practicable after Director’s approval of the Preliminary Plans, Tenant shall cause the Architect to prepare and deliver to Landlord for review: (i) construction preliminary plans, outline specifications and drawings construction cost estimates, Lessee shall submit for Tenant's Work approval by Director six ("CONSTRUCTION DRAWINGS")6) complete sets of final plans, detailed specifications and (ii) a detailed construction cost estimate for Tenant's Work broken down the Alterations, together with one (1) set of appropriate structural computations, identical to those requested or required by trade (i.e.the County Director of Public Works incident to the issuance of building permits under the relevant provisions of the Los Angeles County Building Code. Lessee shall file duplicate copies of the final plans, mechanicaldetailed specifications and construction cost statement required by this Section with the County Director of Public Works, electrical, plumbing, etc.), unit prices together with the necessary and appropriate applications for the items specified building permits. Any difference in the Construction Drawings scope, size, configuration, arrangement or motif of the Alterations from those described in the approved preliminary plans and a project construction schedule in a format reasonably acceptable to both parties (collectively such items listed in clauses (i) specifications shall be separately identified and (ii) are referred to herein as the "CONSTRUCTION DATA")described. Landlord Director shall have the right twenty one (21) days after receipt within which to approve or disapprove such submission, and Director may disapprove such submission only on the Construction Drawingsgrounds that (i) they do not reflect a natural evolution from or that they materially differ from the approved preliminary plans, outline specifications and construction cost estimates (exclusive of any Approved Governmental Changes), or (ii) that any new, different or additional specifications for the Improvements not expressly set forth in, and approved by Director as a part of, the preliminary plans do not meet the requirements for the Improvements set forth in this Article 5. Failure of Director to disapprove said final plans and related materials within twenty one (21) days after Director’s receipt shall be deemed Director’s approval thereof; provided, however, that in the event that the final plans, detailed specifications and construction cost estimate contain substantial changes from the approved preliminary plans and specifications (other than Approved Governmental Changes), then Director shall have sixty (60) days in which to approve said submission, which approval shall be deemed withheld if not granted in writing within such sixty (60) day period; and provided further, that together with the submission of the final plans, detailed specifications and construction cost estimate, Xxxxxx must deliver to Director a transmittal letter containing the following text prominently displayed in bold faced type: “PURSUANT TO SUBSECTION 5.3.3 OF THE AMENDED AND RESTATED LEASE AGREEMENT, IF THESE MATERIALS CONTAIN NO SUBSTANTIAL CHANGES FROM THE MATERIALS PREVIOUSLY SUBMITTED TO YOU (OTHER THAN APPROVED GOVERNMENTAL CHANGES), YOU HAVE TWENTY-ONE (21) DAYS AFTER RECEIPT OF THESE MATERIALS IN WHICH TO APPROVE OR DISAPPROVE THEM. FAILURE TO DISAPPROVE THESE MATERIALS IN WRITING WITHIN TWENTY ONE (21) DAYS OF YOUR RECEIPT OF THESE MATERIALS SHALL CONSTITUTE YOUR APPROVAL OF THEM.” Following any deemed disapproval of such submission by Director, Director shall, within thirty (30) days after receipt of a written request from Xxxxxx, disclose to Xxxxxx in writing Director’s objections to the submission. Director’s approval shall not be unreasonably withheld withheld, conditioned or delayed. Landlord may participate ; provided, however, that it shall be deemed reasonable to disapprove any submission not in all design meetings substantial conformity with Tenantthe approved preliminary plans and specifications (exclusive of any Approved Governmental Changes), or which contains new, different or additional specifications for the Improvements which were not expressly set forth in, and approved by Director as a part of, the Architect, Contractor preliminary plans and other design professional as appropriate in which do not meet the course of the development of the Construction Data. Landlord shall deliver its approval or disapproval of the Construction Drawings to Tenant not later than 5 business days after Landlord's receipt of same. If Landlord disapproves the Construction Drawings such disapproval shall be accompanied by detailed written comments setting forth the basis for such disapproval. Tenant and the Architect shall, within 5 business days after receipt of Landlord's disapproval of the Construction Drawings cause the Construction Drawings to be redrafted to address such issues, and shall resubmit them for Landlord's approval as described herein until Landlord approves the Construction Drawings. Tenant shall be solely responsible for ensuring that the Construction Drawings reflect Tenant's requirements for the Tenant ImprovementsImprovements set forth in this Article 5. No material modification shall be made to the Alterations described in the approved final plans, specifications and costs (the “Final Plans and Specifications”) without the prior written approval of Director, which shall not be unreasonably withheld, conditioned or delayed.

Final Plans and Specifications. 2.4.1 Following Landlord's As soon as reasonably practicable after Director’s approval of the Preliminary Planspreliminary plans submitted pursuant to Section 5.3.2, Tenant outline specifications and construction cost estimates, Concessionaire shall cause the Architect to prepare and deliver to Landlord submit for review: approval by Director six (i6) construction complete sets of final plans, detailed specifications and drawings for Tenant's Work ("CONSTRUCTION DRAWINGS"), and (ii) a detailed construction cost estimate for Tenant's Work broken down the Alterations, together with one (1) set of appropriate structural computations, identical to those requested or required by trade (i.e.the County Director of Public Works incident to the issuance of building permits under the relevant provisions of the Los Angeles County Building Code. Concessionaire shall file duplicate copies of the final plans, mechanicaldetailed specifications and construction cost statement required by this Section with the County Director of Public Works, electrical, plumbing, etc.), unit prices together with the necessary and appropriate applications for the items specified building permits. Any difference in the Construction Drawings scope, size, configuration, arrangement or motif of the Alterations from those described in the approved preliminary plans and a project construction schedule in a format reasonably acceptable specifications pursuant to both parties (collectively such items listed in clauses (i) Section 5.3.2 shall be separately identified and (ii) are referred to herein as the "CONSTRUCTION DATA")described. Landlord Director shall have the right twenty one (21) days after receipt within which to approve or disapprove such submission, and Director may disapprove such submission only on the Construction Drawingsgrounds that (i) they do not reflect a natural evolution from or that they materially differ from the approved preliminary plans, outline specifications and construction cost estimates (exclusive of any Approved Governmental Changes), or (ii) that any new, different or additional specifications for the Improvements not expressly set forth in, and approved by Director as a part of, the preliminary plans pursuant to Section 5.3.2 do not meet the requirements for the Improvements set forth in this Article 5. Failure of Director to disapprove said final plans and related materials within twenty one (21) days after Director’s receipt shall be deemed Director’s approval thereof; provided, however, that in the event that the final plans, detailed specifications and construction cost estimate contain substantial changes from the approved preliminary plans and specifications (other than Approved Governmental Changes), then Director shall have sixty (60) days in which to approve said submission, which approval shall be deemed withheld if not granted in writing within such sixty (60) day period; and provided further, that together with the submission of the final plans, detailed specifications and construction cost estimate, Concessionaire must deliver to Director a transmittal letter containing the following text prominently displayed in bold faced type: “PURSUANT TO SUBSECTION 5.3.3. OF THIS CONTRACT, IF THESE MATERIALS CONTAIN NO SUBSTANTIAL CHANGES FROM THE MATERIALS PREVIOUSLY SUBMITTED TO YOU (OTHER THAN APPROVED GOVERNMENTAL CHANGES), YOU HAVE TWENTY-ONE (21) DAYS AFTER RECEIPT OF THESE MATERIALS IN WHICH TO APPROVE OR DISAPPROVE THEM. FAILURE TO DISAPPROVE THESE MATERIALS IN WRITING WITHIN TWENTY ONE (21) DAYS OF YOUR RECEIPT OF THESE MATERIALS SHALL CONSTITUTE YOUR APPROVAL OF THEM.” Following any deemed disapproval of such submission by Director, Director shall, within thirty (30) days after receipt of a written request from Concessionaire, disclose to Concessionaire in writing Director’s objections to the submission. Director’s approval shall not be unreasonably withheld withheld, conditioned or delayed. Landlord may participate ; provided, however, that it shall be deemed reasonable to disapprove any submission not in all design meetings substantial conformity with Tenantthe approved preliminary plans and specifications (exclusive of any Approved Governmental Changes), or which contains new, different or additional specifications for the Improvements which were not expressly set forth in, and approved by Director as a part of, the Architect, Contractor preliminary plans and other design professional as appropriate in which do not meet the course of the development of the Construction Data. Landlord shall deliver its approval or disapproval of the Construction Drawings to Tenant not later than 5 business days after Landlord's receipt of same. If Landlord disapproves the Construction Drawings such disapproval shall be accompanied by detailed written comments setting forth the basis for such disapproval. Tenant and the Architect shall, within 5 business days after receipt of Landlord's disapproval of the Construction Drawings cause the Construction Drawings to be redrafted to address such issues, and shall resubmit them for Landlord's approval as described herein until Landlord approves the Construction Drawings. Tenant shall be solely responsible for ensuring that the Construction Drawings reflect Tenant's requirements for the Tenant ImprovementsImprovements set forth in this Article 5. No material modification shall be made to the Alterations described in the approved final plans, specifications and costs (the “Final Plans and Specifications”) without the prior written approval of Director, which shall not be unreasonably withheld, conditioned or delayed.

Final Plans and Specifications. 2.4.1 Following Landlord's As soon as reasonably practicable after Director’s approval of the Preliminary Plans, Tenant shall cause the Architect to prepare and deliver to Landlord for review: (i) construction preliminary plans, outline specifications and drawings construction cost estimates, Lessee shall submit for Tenant's Work approval by Director six ("CONSTRUCTION DRAWINGS")6) complete sets of final plans, detailed specifications and (ii) a detailed construction cost estimate for Tenant's Work broken down the Alterations, together with one (1) set of appropriate structural computations, identical to those requested or required by trade (i.e.the County Director of Public Works incident to the issuance of building permits under the relevant provisions of the Los Angeles County Building Code. Lessee shall file duplicate copies of the final plans, mechanicaldetailed specifications and construction cost statement required by this Section with the County Director of Public Works, electrical, plumbing, etc.), unit prices together with the necessary and appropriate applications for the items specified building permits. Any difference in the Construction Drawings scope, size, configuration, arrangement or motif of the Alterations from those described in the approved preliminary plans and a project construction schedule in a format reasonably acceptable to both parties (collectively such items listed in clauses (i) specifications shall be separately identified and (ii) are referred to herein as the "CONSTRUCTION DATA")described. Landlord Director shall have the right twenty one (21) days after receipt within which to approve or disapprove such submission, and Director may disapprove such submission only on the Construction Drawingsgrounds that (i) they do not reflect a natural evolution from or that they materially differ from the approved preliminary plans, outline specifications and construction cost estimates (exclusive of any Approved Governmental Changes), or (ii) that any new, different or additional specifications for the Improvements not expressly set forth in, and approved by Director as a part of, the preliminary plans do not meet the requirements for the Improvements set forth in this Article 5. Failure of Director to disapprove said final plans and related materials within twenty one (21) days after Director’s receipt shall be deemed Director’s approval thereof; provided, however, that in the event that the final plans, detailed specifications and construction cost estimate contain substantial changes from the approved preliminary plans and specifications (other than Approved Governmental Changes), then Director shall have sixty (60) days in which to approve said submission, which approval shall be deemed withheld if not granted in writing within such sixty (60) day period; and provided further, that together with the submission of the final plans, detailed specifications and construction cost estimate, Lessee must deliver to Director a transmittal letter containing the following text prominently displayed in bold faced type: “PURSUANT TO SUBSECTION 5.3.3 OF THE AMENDED AND RESTATED LEASE AGREEMENT, IF THESE MATERIALS CONTAIN NO SUBSTANTIAL CHANGES FROM THE MATERIALS PREVIOUSLY SUBMITTED TO YOU (OTHER THAN APPROVED GOVERNMENTAL CHANGES), YOU HAVE TWENTY-ONE (21) DAYS AFTER RECEIPT OF THESE MATERIALS IN WHICH TO APPROVE OR DISAPPROVE THEM. FAILURE TO DISAPPROVE THESE MATERIALS IN WRITING WITHIN TWENTY ONE (21) DAYS OF YOUR RECEIPT OF THESE MATERIALS SHALL CONSTITUTE YOUR APPROVAL OF THEM.” Following any deemed disapproval of such submission by Director, Director shall, within thirty (30) days after receipt of a written request from Lessee, disclose to Lessee in writing Director’s objections to the submission. Director’s approval shall not be unreasonably withheld withheld, conditioned or delayed. Landlord may participate ; provided, however, that it shall be deemed reasonable to disapprove any submission not in all design meetings substantial conformity with Tenantthe approved preliminary plans and specifications (exclusive of any Approved Governmental Changes), or which contains new, different or additional specifications for the Improvements which were not expressly set forth in, and approved by Director as a part of, the Architect, Contractor preliminary plans and other design professional as appropriate in which do not meet the course of the development of the Construction Data. Landlord shall deliver its approval or disapproval of the Construction Drawings to Tenant not later than 5 business days after Landlord's receipt of same. If Landlord disapproves the Construction Drawings such disapproval shall be accompanied by detailed written comments setting forth the basis for such disapproval. Tenant and the Architect shall, within 5 business days after receipt of Landlord's disapproval of the Construction Drawings cause the Construction Drawings to be redrafted to address such issues, and shall resubmit them for Landlord's approval as described herein until Landlord approves the Construction Drawings. Tenant shall be solely responsible for ensuring that the Construction Drawings reflect Tenant's requirements for the Tenant ImprovementsImprovements set forth in this Article 5. No material modification shall be made to the Alterations described in the approved final plans, specifications and costs (the “Final Plans and Specifications”) without the prior written approval of Director, which shall not be unreasonably withheld, conditioned or delayed.

Final Plans and Specifications. 2.4.1 Following Landlord's As soon as practicable, but in no event later than sixty (60) days after the later of (a) approval of the Preliminary Plans, Tenant shall cause the Architect to prepare and deliver to Landlord for review: (i) construction preliminary plans, outline specifications and drawings for Tenant's Work construction cost estimate by Director, or ("CONSTRUCTION DRAWINGS"b) final approval by the California Coastal Commission (if required), Lessee shall submit for approval by Director six (6) complete sets of final plans, detailed specifications and (ii) a detailed construction cost estimate for Tenant's Work broken down the Alterations, together with one (1) set of appropriate structural computations, identical to those requested or required by trade (i.e.the County Director of Public Works incident to the issuance of building permits under the relevant provisions of the Los Angeles County Building Code. Lessee shall file duplicate copies of the final plans, mechanicaldetailed specifications and construction cost statement required by this Section with the County Director of Public Works, electrical, plumbing, etc.), unit prices together with the necessary and appropriate applications for the items specified building permits. Any difference in the Construction Drawings scope, size, configuration, arrangement or motif of the Alterations from those described in the approved preliminary plans and a project construction schedule in a format reasonably acceptable to both parties (collectively such items listed in clauses (i) specifications shall be separately identified and (ii) are referred to herein as the "CONSTRUCTION DATA")described. Landlord Director shall have the right twenty one (21) days after receipt within which to approve or disapprove such submission, and Director may disapprove such submission only on the Construction Drawingsgrounds that (i) they do not reflect a natural evolution from or that they materially differ from the approved preliminary plans, outline specifications and construction cost estimates (exclusive of any Approved Governmental Changes), or (ii) that any new, different or additional specifications for the Improvements not expressly set forth in, and approved by Director as a part of, the preliminary plans do not meet the requirements for the Improvements set forth in this Article 5. Failure of Director to disapprove said final plans and related materials within twenty one (21) days after Director’s receipt shall be deemed Director’s approval thereof; provided, however, that in the event that the final plans, detailed specifications and construction cost estimate contain substantial changes from the approved preliminary plans and specifications, then Director shall have sixty (60) days in which to approve said submission, which approval shall be deemed withheld if not be unreasonably withheld or delayed. Landlord may participate granted in all design meetings writing within such sixty (60) day period; and provided further, that together with Tenant, the Architect, Contractor and other design professional as appropriate in the course submission of the development of final plans, detailed specifications and construction cost estimate, Lessee must deliver to Director a transmittal letter containing the Construction Data. Landlord shall deliver its approval or disapproval of the Construction Drawings to Tenant not later than 5 business days after Landlord's receipt of same. If Landlord disapproves the Construction Drawings such disapproval shall be accompanied by detailed written comments setting forth the basis for such disapproval. Tenant and the Architect shallfollowing text prominently displayed in bold faced type: “PURSUANT TO SUBSECTION 5.3.3 OF THE AMENDED AND RESTATED LEASE AGREEMENT, within 5 business days after receipt of Landlord's disapproval of the Construction Drawings cause the Construction Drawings to be redrafted to address such issuesIF THESE MATERIALS CONTAIN NO SUBSTANTIAL CHANGES FROM THE MATERIALS PREVIOUSLY SUBMITTED TO YOU, and shall resubmit them for Landlord's approval as described herein until Landlord approves the Construction Drawings. Tenant shall be solely responsible for ensuring that the Construction Drawings reflect Tenant's requirements for the Tenant Improvements.YOU HAVE TWENTY-ONE

Final Plans and Specifications. 2.4.1 Following Landlord's As soon as reasonably practicable after Director’s approval of the Preliminary Plans, Tenant shall cause the Architect to prepare and deliver to Landlord for review: (i) construction preliminary plans, outline specifications and drawings construction cost estimates, Lessee shall submit for Tenant's Work ("CONSTRUCTION DRAWINGS")approval by Director an electronic disc, flash drive or other data storage device that includes flash memory with an integrated USB interface, or other electronic copy of final plans, detailed specifications and (ii) a detailed construction cost estimate for Tenant's Work broken down by trade the Alterations, together with one (i.e., mechanical, electrical, plumbing, etc.1) set of appropriate structural computations (if structural work is contemplated), unit prices identical to those requested or required by the County Director of Public Works incident to the issuance of building permits under the relevant provisions of the Los Angeles County Building Code. Lessee shall file duplicate copies of the final plans, detailed specifications and construction cost statement required by this Section with the County Director of Public Works, together with the necessary and appropriate applications for the items specified building permits. Any difference in the Construction Drawings scope, size, configuration, arrangement or motif of the Alterations from those described in the approved preliminary plans and a project construction schedule in a format reasonably acceptable to both parties (collectively such items listed in clauses (i) specifications shall be separately identified and (ii) are referred to herein as the "CONSTRUCTION DATA")described. Landlord Director shall have the right twenty one (21) days after receipt within which to approve or disapprove such submission, and Director may disapprove such submission only on the Construction Drawingsgrounds that (i) they do not reflect a natural evolution from or that they materially differ from the approved preliminary plans, outline specifications and construction cost estimates (exclusive of any Approved Governmental Changes), or (ii) that any new, different or additional specifications for the Improvements not expressly set forth in, and approved by Director as a part of, the preliminary plans do not meet the requirements for the Improvements set forth in this Article 5. Failure of Director to disapprove said final plans and related materials within twenty one (21) days after Director’s receipt shall be deemed Director’s approval thereof; provided, however, that in the event that the final plans, detailed specifications and construction cost estimate contain substantial changes from the approved preliminary plans and specifications (other than Approved Governmental Changes), then Director shall have sixty (60) days in which to approve said submission, which approval shall be deemed withheld if not granted in writing within such sixty (60) day period; and provided further, that together with the submission of the final plans, detailed specifications and construction cost estimate, Xxxxxx must deliver to Director a transmittal letter containing the following text prominently displayed in boldface type: “PURSUANT TO SUBSECTION 5.3.3 OF THE AMENDED AND RESTATED LEASE AGREEMENT, IF THESE MATERIALS CONTAIN NO SUBSTANTIAL CHANGES FROM THE MATERIALS PREVIOUSLY SUBMITTED TO YOU (OTHER THAN APPROVED GOVERNMENTAL CHANGES), YOU HAVE TWENTY-ONE (21) DAYS AFTER RECEIPT OF THESE MATERIALS IN WHICH TO APPROVE OR DISAPPROVE THEM. FAILURE TO DISAPPROVE THESE MATERIALS IN WRITING WITHIN TWENTY ONE (21) DAYS OF YOUR RECEIPT OF THESE MATERIALS SHALL CONSTITUTE YOUR APPROVAL OF THEM.” Following any deemed disapproval of such submission by Director, Director shall, within thirty (30) days after receipt of a written request from Xxxxxx, disclose to Xxxxxx in writing Director’s objections to the submission. Director’s approval shall not be unreasonably withheld withheld, conditioned or delayed. Landlord may participate ; provided, however, that it shall be deemed reasonable to disapprove any submission not in all design meetings substantial conformity with Tenantthe approved preliminary plans and specifications (exclusive of any Approved Governmental Changes), or which contains new, different or additional specifications for the Improvements which were not expressly set forth in, and approved by Director as a part of, the Architect, Contractor preliminary plans and other design professional as appropriate in which do not meet the course of the development of the Construction Data. Landlord shall deliver its approval or disapproval of the Construction Drawings to Tenant not later than 5 business days after Landlord's receipt of same. If Landlord disapproves the Construction Drawings such disapproval shall be accompanied by detailed written comments setting forth the basis for such disapproval. Tenant and the Architect shall, within 5 business days after receipt of Landlord's disapproval of the Construction Drawings cause the Construction Drawings to be redrafted to address such issues, and shall resubmit them for Landlord's approval as described herein until Landlord approves the Construction Drawings. Tenant shall be solely responsible for ensuring that the Construction Drawings reflect Tenant's requirements for the Tenant ImprovementsImprovements set forth in this Article 5. No Material Modification shall be made to the Renovation Work described in the final plans, specifications and costs approved by Director (the “Final Plans and Specifications”) or to any Alterations without the prior written approval of Director, which shall not be unreasonably withheld, conditioned or delayed.