Common use of Final Plans and Specifications Clause in Contracts

Final Plans and Specifications. After the Preliminary Plans and Specifications are approved by Landlord, Tenant shall cause the Architect to prepare the final working architectural and engineering plans and specifications (“Final Plans and Specifications”) for the Tenant Improvements. The Final Plans and Specifications shall be consistent with the Landlord-approved Preliminary Plans and Specifications. Tenant shall then deliver the Final Plans and Specifications to Landlord. Landlord shall approve or disapprove the Final Plans and Specifications in writing within five (5) business days after Landlord receives the Final Plans and Specifications, and, if disapproved, Landlord shall return the Final Plans and Specifications to Tenant with a reasonably specific explanation of the reasons for Landlord’s disapproval. Tenant shall make all necessary revisions requested by Landlord after Tenant’s receipt of Landlord’s disapproval of the Final Plans and Specifications. Landlord shall approve or disapprove such revisions in writing within five (5) business days after Landlord receives the revised Final Plans and Specifications, and, if disapproved, Landlord shall return the revised Final Plans and Specifications with a reasonably specific explanation of the reasons for Landlord’s disapproval. The revision procedure specified in this paragraph shall be repeated until Landlord approves the Final Plans and Specifications. Upon approval by Landlord, Tenant shall submit the Final Plans and Specifications to all appropriate governmental authorities to obtain building permits and any other necessary approvals for the construction of the Tenant Improvements. While Landlord has the right to approve all such plans and specifications, Landlord’s interest in doing so is to protect the Premises and the Property. Accordingly, Tenant shall not rely upon Landlord’s approvals and Landlord shall not be the guarantor of, nor responsible for, the correctness or accuracy of the Preliminary Plans and Specifications or the Final Plans and Specifications, or the compliance thereof with applicable laws, and Landlord shall incur no liability of any kind by reason of granting such approvals.

Final Plans and Specifications. After the Final Preliminary Plans and Specifications are approved by LandlordLandlord and are deemed to be the Final Preliminary Plans and Specifications, Tenant shall cause the Architect to prepare the final working architectural and engineering plans plans, specifications and specifications drawings (“Final Plans and Specifications”) for the Tenant Improvements. The Tenant anticipates, and Landlord acknowledges, that at several intervals over a period of six (6) months from the date that the Final Preliminary Plans and Specifications shall have been approved by Landlord (“Plan Submittal Period”), the Architect will be consistent with the preparing for each Building, and submitting to Landlord for Landlord-approved Preliminary ’s reasonable review and approval, two sets of Final Plans and Specifications. Tenant shall then deliver anticipates that one of the two sets of Final Plans and Specifications to Landlordfor a Building will depict the upper floors comprised of office/open office environments, and the second set of Final Plans and Specifications will depict the first floor of the Building, which could include food service/café, data room, executive business center or all-hands meeting center elements. Landlord shall reasonably approve or disapprove the Final Plans and Specifications in writing (and will not unreasonably condition its approval thereof) for a particular Building within five twenty (520) business days after Landlord receives the Final Plans and SpecificationsSpecifications for such Building, and, if reasonably disapproved, Landlord shall return the Final Plans and Specifications to Tenant with a reasonably specific detailed explanation of the reasons reason(s) for Landlord’s disapproval. Tenant , and the procedure described on Section 2.A. above shall make all necessary revisions requested by be repeated until Landlord after Tenant’s receipt of Landlord’s disapproval of approves, in writing, the Final Plans and Specifications. Landlord shall approve or disapprove such revisions in writing within five (5) business days after Landlord receives the revised The approved Final Plans and Specifications, andas modified, if disapproved, Landlord shall return be deemed the revised “Construction Documents”. Any delay in Tenant’s submitting Final Plans and Specifications with a reasonably specific explanation for all Buildings by the last day of the Plan Submittal Period for reasons for Landlord’s disapproval. The revision procedure specified in this paragraph shall be repeated until other than Landlord approves the Final Plans and Specifications. Upon approval by Landlord, Delay or a “Tenant shall submit the Final Plans and Specifications to all appropriate governmental authorities to obtain building permits and any other necessary approvals for the construction of the Tenant Improvements. While Landlord has the right to approve all such plans and specifications, Landlord’s interest in doing so is to protect the Premises and the Property. Accordingly, Tenant shall not rely upon Landlord’s approvals and Landlord shall not be the guarantor of, nor responsible for, the correctness or accuracy of the Preliminary Plans and Specifications or the Final Plans and Specifications, or the compliance thereof with applicable laws, and Landlord shall incur no liability of any kind by reason of granting such approvalsPlan Delay.”

Final Plans and Specifications. After the Final Preliminary Plans and Specifications are approved by LandlordLandlord and are deemed to be the Final Preliminary Plans and Specifications, Tenant shall cause the Architect to prepare in twenty (20) days following Landlord's approval of the Final Preliminary Plans and Specifications any final working architectural and engineering plans plans, specifications and specifications drawings, (“"Final Plans and Specifications”") that are required for the Tenant Improvements. The Final Plans and Specifications shall be consistent with the Landlord-approved Preliminary Plans and Specifications. Tenant shall then deliver the Final Plans and Specifications to Landlord. Landlord shall reasonably approve or disapprove the Final Plans and Specifications in writing within five (5) business days after Landlord receives the Final Plans and Specifications, Specifications and, if disapproved, Landlord shall return the Final Plans and Specifications to Tenant with a reasonably specific explanation of the reasons for Landlord’s disapproval. Tenant who shall make all necessary revisions requested by Landlord within ten (10) days after Tenant’s 's receipt of Landlord’s disapproval of thereof. If Landlord has not approved or disapproved the Preliminary Plans and Specifications within said five (5) day period, then after having given Landlord a five (5) day written notification, the Preliminary Plans and Specifications shall be deemed to have been approved. This procedure shall be repeated until Landlord approves, in writing, the Final Plans and Specifications. Landlord shall approve or disapprove such revisions in writing within five (5) business days after Landlord receives the revised The approved Final Plans and Specifications, andas modified, if disapproved, Landlord shall return the revised Final Plans and Specifications with a reasonably specific explanation of the reasons for Landlord’s disapproval. The revision procedure specified in this paragraph shall be repeated until Landlord approves deemed the Final Plans and Specifications. Upon approval by Landlord, Tenant shall submit the Final Plans and Specifications to all appropriate governmental authorities to obtain building permits and any other necessary approvals for the construction of the Tenant Improvements. While Landlord has the right to approve all such plans and specifications, Landlord’s interest in doing so is to protect the Premises and the Property. Accordingly, Tenant shall not rely upon Landlord’s approvals and Landlord shall not be the guarantor of, nor responsible for, the correctness or accuracy of the Preliminary Plans and Specifications or the Final Plans and Specifications, or the compliance thereof with applicable laws, and Landlord shall incur no liability of any kind by reason of granting such approvals"Construction Documents".

Final Plans and Specifications. After the Preliminary Tenant ------------------------------ Improvement Plans and Specifications are approved by Landlord, Tenant shall cause the Architect to prepare prepare, in sixty (60) days following Landlord's approval of the Preliminary Tenant Improvement Plans and Specifications, the final working architectural and engineering plans and specifications (“"Final Tenant Improvement Plans and Specifications”") for the Tenant Improvements. The Final Tenant Improvement Plans and Specifications shall be consistent with the Landlord-approved Preliminary Tenant Improvement Plans and Specifications. Tenant shall EXHIBIT "C" ----------- then deliver the Final Tenant Improvement Plans and Specifications to Landlord. Landlord shall approve or disapprove the Final Tenant Improvement Plans and Specifications in writing within five ten (510) business days after Landlord receives the Final Tenant Improvement Plans and Specifications, Specifications and, if disapproved, Landlord shall return the Final Tenant Improvement Plans and Specifications to Tenant with a reasonably specific explanation of the reasons for Landlord’s disapproval. Tenant who shall make all necessary revisions requested by Landlord within ten (10) days after Tenant’s 's receipt of Landlord’s disapproval of the Final Plans and Specificationsthereof. Landlord shall approve or disapprove such revisions in writing within five (5) business days after Landlord receives the revised Final Plans and Specifications, and, if disapproved, Landlord shall return the revised Final Plans and Specifications with a reasonably specific explanation of the reasons for Landlord’s disapproval. The revision This procedure specified in this paragraph shall be repeated until Landlord approves the Final Tenant Improvement Plans and Specifications. Upon approval by Landlord; provided, Tenant however, Landlord shall submit approve or disapprove any Landlord requested revisions to the Final Tenant Improvement Plans and Specifications to all appropriate governmental authorities to obtain building permits and any other necessary approvals for the construction within five (5) days after Landlord's receipt of the Tenant Improvements. While Landlord has the right to approve all such plans and specifications, Landlord’s interest in doing so is to protect the Premises and the Property. Accordingly, Tenant shall not rely upon Landlord’s approvals and Landlord shall not be the guarantor of, nor responsible for, the correctness or accuracy of the Preliminary Plans and Specifications or the Final Plans and Specifications, or the compliance thereof with applicable laws, and Landlord shall incur no liability of any kind by reason of granting such approvalsrevisions.

Final Plans and Specifications. After (i) Following Landlord's approval of the Preliminary Plans and Specifications are approved by LandlordPlans, 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 final working architectural items specified in the Construction Drawings and engineering plans a project construction schedule in a format reasonably acceptable to both parties (collectively such items listed in clauses (i) and specifications (“Final Plans 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 Specifications”) 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. The Final Plans and Specifications shall be consistent with the Landlord-approved Preliminary Plans and Specifications. Tenant shall then deliver the Final Plans and Specifications to Landlord. Landlord shall approve or disapprove the Final Plans and Specifications in writing within five (5) business days after Landlord receives the Final Plans and Specifications, and, if disapproved, Landlord shall return the Final Plans and Specifications to Tenant with a reasonably specific explanation of the reasons for Landlord’s disapproval. Tenant shall make all necessary revisions requested by Landlord after Tenant’s receipt of Landlord’s disapproval of the Final Plans and Specifications. Landlord shall approve or disapprove such revisions in writing within five (5) business days after Landlord receives the revised Final Plans and Specifications, and, if disapproved, Landlord shall return the revised Final Plans and Specifications with a reasonably specific explanation of the reasons for Landlord’s disapproval. The revision procedure specified in this paragraph shall be repeated until Landlord approves the Final Plans and Specifications. Upon approval by Landlord, Tenant shall submit the Final Plans and Specifications to all appropriate governmental authorities to obtain building permits and any other necessary approvals for the construction of the Tenant Improvements. While Landlord has the right to approve all such plans and specifications, Landlord’s interest in doing so is to protect the Premises and the Property. Accordingly, Tenant shall not rely upon Landlord’s approvals and Landlord shall not be the guarantor of, nor responsible for, the correctness or accuracy of the Preliminary Plans and Specifications or the Final Plans and Specifications, or the compliance thereof with applicable laws, and Landlord shall incur no liability of any kind by reason of granting such approvals.

Final Plans and Specifications. After the Preliminary Plans and Specifications are approved by Landlord, Tenant shall cause the Architect to prepare the final working architectural and engineering plans and specifications (“"Final Plans and Specifications”") for the Tenant Improvements. The Final Plans and Specifications shall be consistent with the Landlord-Landlord- approved Preliminary Plans and Specifications. Tenant shall then deliver the Final Plans and Specifications to Landlord. Landlord shall approve or disapprove the Final Plans and Specifications in writing within five (5) business days after Landlord receives the Final Plans and Specifications, and, if disapproved, Landlord shall return the Final Plans and Specifications to Tenant with a reasonably specific explanation of the reasons for Landlord’s 's disapproval. Tenant shall make all necessary revisions requested by Landlord after Tenant’s 's receipt of Landlord’s 's disapproval of the Final Plans and Specifications. Landlord shall approve or disapprove such revisions in writing within five (5) business days after Landlord receives the revised Final Plans and Specifications, and, if disapproved, Landlord shall return the revised Final Plans and Specifications with a reasonably specific explanation of the reasons for Landlord’s 's disapproval. The revision procedure specified in this paragraph shall be repeated until Landlord approves the Final Plans and Specifications. Upon approval by Landlord, Tenant shall submit the Final Plans and Specifications to all appropriate governmental authorities to obtain building permits and any other necessary approvals for the construction of the Tenant Improvements. While Landlord has the right to approve all such plans and specifications, Landlord’s 's interest in doing so is to protect the Premises and the Property. Accordingly, Tenant shall not rely upon Landlord’s 's approvals and Landlord shall not be the guarantor of, nor responsible for, the correctness or accuracy of the Preliminary Plans and Specifications or the Final Plans and Specifications, or the compliance thereof with applicable laws, and Landlord shall incur no liability of any kind by reason of granting such approvals.WEST\225501828.8 3

Final Plans and Specifications. After the Final Preliminary Plans and Specifications are approved by LandlordLandlord and are deemed to be the Final Preliminary Plans and Specifications, Tenant shall cause the Architect to promptly prepare the final working architectural and engineering plans plans, specifications and specifications drawings, (“Final Plans and Specifications”) for the Tenant Improvements. The Final Plans and Specifications shall be consistent with the Landlord-approved Preliminary Plans and Specifications. Tenant shall then deliver the Final Plans and Specifications to Landlord. Landlord shall reasonably approve or disapprove the Final Plans and Specifications in writing within five (5) business days after Landlord receives the Final Plans and Specifications, Specifications and, if disapproved, Landlord shall return the Final Plans and Specifications to Tenant identifying with a reasonably specific explanation of the reasons for particularity Landlord’s disapproval. Tenant objections, who shall make all necessary revisions requested by Landlord within ten (10) days after Tenant’s receipt of Landlord’s disapproval of thereof. Landlord may not object to any items previously approved in the Preliminary Plans and Specifications unless additional information is provided in the Final Plans and Specifications which reasonably justifies such disapproval. This procedure shall be repeated until Landlord approves, in writing, the Final Plans and Specifications. Landlord shall approve or disapprove such revisions in writing within five (5) business days after Landlord receives the revised The approved Final Plans and Specifications, andas modified, if disapproved, Landlord shall return the revised Final Plans and Specifications with a reasonably specific explanation of the reasons for Landlord’s disapproval. The revision procedure specified in this paragraph shall be repeated until Landlord approves deemed the Final Plans and Specifications. Upon approval by Landlord, Tenant shall submit the Final Plans and Specifications to all appropriate governmental authorities to obtain building permits and any other necessary approvals for the construction of the Tenant Improvements. While Landlord has the right to approve all such plans and specifications, Landlord’s interest in doing so is to protect the Premises and the Property. Accordingly, Tenant shall not rely upon Landlord’s approvals and Landlord shall not be the guarantor of, nor responsible for, the correctness or accuracy of the Preliminary Plans and Specifications or the Final Plans and Specifications, or the compliance thereof with applicable laws, and Landlord shall incur no liability of any kind by reason of granting such approvals“Construction Documents”.

Final Plans and Specifications. After the Final Preliminary Plans and Specifications are approved by LandlordLandlord and are deemed to be the Final Preliminary Plans and Specifications, Tenant shall cause the Architect to prepare in twenty (20) days following Landlord’s approval of the Final Preliminary Plans and Specifications the final working architectural and engineering plans plans, specifications and specifications drawings, (“Final Plans and Specifications”) for the Tenant Improvements. The Final Plans and Specifications shall be consistent with the Landlord-approved Preliminary Plans and Specifications. Tenant shall then deliver the Final Plans and Specifications to Landlord. Landlord shall reasonably approve or disapprove the Final Plans and Specifications in writing within five (5) business days after Landlord receives the Final Plans and Specifications, Specifications and, if disapproved, Landlord shall return the Final Plans and Specifications to Tenant with a reasonably specific explanation of the reasons for Landlord’s disapproval. Tenant who shall make all necessary revisions requested by Landlord within ten (10) days after Tenant’s receipt of Landlord’s disapproval of thereof. This procedure shall be repeated until Landlord approves, in writing, the Final Plans and Specifications. Landlord shall approve or not reasonably disapprove such revisions any portion of the Final Preliminary Plans and Specifications to the extent in writing within five (5) business days after Landlord receives conformance with the revised Preliminary Plans and Specifications previously approved by Landlord. The approved Final Plans and Specifications, andas modified, if disapprovedshall be deemed the “Construction Documents”. Landlord agrees that the Tenant Improvements may include the items listed in the attached Exhibit A-2; provided, Landlord however, such Tenant Improvements, and the construction and installation thereof, shall return the revised Final Plans and Specifications with a reasonably specific explanation be subject to all of the reasons for Landlord’s disapproval. The revision procedure specified in this paragraph shall be repeated until Landlord approves the Final Plans terms and Specifications. Upon approval by Landlord, Tenant shall submit the Final Plans and Specifications to all appropriate governmental authorities to obtain building permits and any other necessary approvals for the construction conditions of the Tenant Improvements. While Landlord has the right to approve all such plans and specifications, Landlord’s interest in doing so is to protect the Premises and the Property. Accordingly, Tenant shall not rely upon Landlord’s approvals and Landlord shall not be the guarantor of, nor responsible for, the correctness or accuracy of the Preliminary Plans and Specifications or the Final Plans and Specifications, or the compliance thereof with applicable laws, and Landlord shall incur no liability of any kind by reason of granting such approvalsAmendment.