Common use of Preliminary Plans Clause in Contracts

Preliminary Plans. Tenant shall cause Architect to prepare preliminary plans (the "Preliminary Plans") for the Tenant Improvements to be performed at the Premises. Tenant shall cause Architect to deliver the Preliminary Plans to Landlord within thirty (30) days after the date on which the Lease has been signed by Landlord and Tenant. Within five (5) days after Landlord's receipt of the Preliminary Plans, Landlord shall either approve or disapprove the Preliminary Plans, which approval shall not be unreasonably withheld. If Landlord disapproves the Preliminary Plans, then Landlord shall state in reasonable detail the changes which Landlord requires to be made thereto. Tenant shall submit to Landlord revised Preliminary Plans within five (5) days after Tenant's receipt of Landlord's disapproval notice. Following Landlord's receipt of the revised Preliminary Plans from Tenant, Landlord shall have the right to review and approve the revised Preliminary Plans pursuant to this Paragraph 2.2.1. Landlord shall give Tenant written notice of its approval or disapproval of the revised Preliminary Plans within five (5) days after the date of Landlord's receipt thereof. If Landlord reasonably disapproves the revised Preliminary Plans, then the following shall occur: (i) Landlord and Tenant shall continue to follow the procedures set forth in this Paragraph 2.2.1 until Landlord and Tenant reasonably approve the Preliminary Plans in accordance with this Paragraph 2.2.1, and (ii) the period between the date of Landlord's reasonable disapproval and the eventual mutual approval of such Preliminary Plans shall constitute a Tenant Delay.

Preliminary Plans. Tenant shall cause Architect to ----------------- prepare preliminary plans (the "Preliminary Plans") for the Tenant Improvements ----------------- to be performed at the Premises. Tenant shall cause Architect to deliver the Preliminary Plans to Landlord within thirty (30) days after the date on which the Lease has been signed by Landlord and Tenant. Within five (5) days after Landlord's receipt of the Preliminary Plans, Landlord shall either approve or disapprove the Preliminary Plans, which approval shall not be unreasonably withheld. If Landlord disapproves the Preliminary Plans, then Landlord shall state in reasonable detail the changes which Landlord requires to be made thereto. Tenant shall submit to Landlord revised Preliminary Plans within five (5) days after Tenant's receipt of Landlord's disapproval notice. Following Landlord's receipt of the revised Preliminary Plans from Tenant, Landlord shall have the right to review and approve the revised Preliminary Plans pursuant to this Paragraph 2.2.1. Landlord shall give Tenant written notice of its approval --------------- or disapproval of the revised Preliminary Plans within five (5) days after the date of Landlord's receipt thereof. If Landlord reasonably disapproves the revised Preliminary Plans, then the following shall occur: (i) Landlord and Tenant shall continue to follow the procedures set forth in this Paragraph 2.2.1 --------------- until Landlord and Tenant reasonably approve the Preliminary Plans in accordance with this Paragraph 2.2.1, and (ii) the period between the date of Landlord's --------------- reasonable disapproval and the eventual mutual approval of such Preliminary Plans shall constitute a Tenant Delay.

Preliminary Plans. Tenant Landlord shall cause TI Architect to prepare preliminary plans (the "“Preliminary Plans"”) for each Sub-Phase of the Tenant Improvements to be performed at the Premises. consistent with Tenant shall cause Architect to deliver the Master Program Requirements, which Preliminary Plans shall be delivered to Tenant consistent with the Sub-Phase Final Schedule for the applicable Sub-Phase. At Tenant’s option, Tenant may request that Landlord within thirty cause Preliminary Plans for one or multiple Sub-Phases and at such earlier dates as Tenant may request; any such request shall be subject to Landlord’s approval. Within ten (3010) business days after the date on which the Lease has been signed by Landlord and Tenant. Within five (5) days after Landlord's Xxxxxx’s receipt of the Preliminary PlansPlans for each Sub-Phase, Landlord Tenant shall either approve or disapprove the Preliminary Plans, which approval shall not be unreasonably withheld. If Landlord Tenant disapproves the Preliminary Plans, then Landlord Tenant shall state in reasonable detail the changes which Landlord Tenant requires to be made thereto. Tenant Landlord shall submit to Landlord Tenant revised Preliminary Plans within five twenty (520) business days after Tenant's Xxxxxxxx’s receipt of Landlord's Xxxxxx’s disapproval notice. Following LandlordXxxxxx's receipt of the revised Preliminary Plans from TenantPlans, Landlord Tenant shall have the right to review and approve the revised Preliminary Plans pursuant to this Paragraph 2.2.1Section. Landlord Tenant shall give Tenant Landlord written notice of its approval or disapproval of the revised Preliminary Plans within five (5) business days after the date of Landlord's Xxxxxx’s receipt thereof. If Landlord Tenant reasonably disapproves the revised Preliminary Plans, then the following shall occur: (i) Landlord and Tenant shall continue to follow the procedures set forth in this Paragraph 2.2.1 Section 2.3.1 until Landlord and Tenant reasonably approve the Preliminary Plans for such Sub-Phase in accordance with this Paragraph 2.2.1, and (ii) the Section 2.3.1. The period between the date of Landlord's Tenant’s reasonable disapproval and the eventual mutual approval of such Preliminary Plans shall constitute a Tenant DelayDelay (as defined below) with respect to such Sub-Phase.

Preliminary Plans. Landlord shall, at Landlord's expense (as provided below), cause Stellar Group, Inc. (Stellar Group, Inc., or any other architect retained by Landlord with respect to the Premises from time to time, is referred to as the "ARCHITECT") to prepare a coordination set of plans and specifications for the Initial Building, related improvements and whatever site work is to be performed or constructed on the Parcels before the Commencement Date, including grading, paving and drainage plans, utility plans (including electricity, potable water, sanitary and storm water sewerage, and telecommunications, if applicable) and connections of each ("PRELIMINARY PLANS"). The Preliminary Plans shall fully comply with the applicable requirements of all Governmental Authorities and CC&R's. The Preliminary Plans shall be agreed to by both Landlord and Tenant as follows: Landlord shall cause submit the Preliminary Plans to Tenant on or before the seventh day after delivery to Landlord by Tenant of an executed Lease. Within seven business days after the completed Preliminary Plans have been submitted to Tenant, Tenant agrees to deliver to Architect and Landlord the Preliminary Plans together with either (i) Tenant's written approval of such Preliminary Plans or (ii) Tenant's reasonably requested changes to such Preliminary Plans ("REQUESTED CHANGES") in sufficient detail to permit Architect to prepare preliminary plans (the "Preliminary Plans") for the revised drawings. Should Tenant Improvements to be performed at the Premises. Tenant shall cause Architect fail to deliver the Preliminary Plans with Tenant's approval or Requested Changes to Architect and Landlord within said seven-day period, and should such failure continue for three days after written notice of such failure from Landlord to Tenant, Landlord may construct the Building, related improvements and site improvements (collectively, the "IMPROVEMENTS") according to such Preliminary Plans (subject to Tenant's rights to modify the Preliminary Plans as described in SECTION 2 of this Leasehold Improvement Agreement), and upon Substantial Completion (as defined herein) thereof, Tenant shall be obligated to take possession of the Premises and the Term of the Lease shall commence. If Tenant has timely delivered Requested Changes to Landlord within thirty (30) and Architect, then no later than seven business days after the date on which the Lease has been signed receipt by Landlord and Tenant. Within five (5) days after Landlord's receipt Architect of the Preliminary PlansRequested Changes from Architect, Landlord shall notify Tenant either approve that Landlord has approved the Requested Changes or disapprove that Landlord has disapproved the Preliminary PlansRequested Changes, in which latter case such notice shall specify Landlord's reasons for disapproval. Landlord's approval of the Requested Changes shall not be unreasonably withheld. If Landlord disapproves the Requested Changes, then the foregoing submission process shall be repeated until the parties agree on the Preliminary Plans, then Landlord shall state in reasonable detail the changes which Landlord requires to be made thereto. Tenant shall submit to Landlord revised The Preliminary Plans within five (5) days after Tenant's receipt of Landlord's disapproval notice. Following Landlord's receipt of as approved by the revised Preliminary Plans from Tenant, Landlord shall have the right to review and approve the revised Preliminary Plans parties pursuant to this Paragraph 2.2.1. Landlord SECTION 1 of this Leasehold Improvement Agreement shall give Tenant written notice be referred to herein as the "PLANS"; and, upon such approval, the Plans shall be deemed a part of its approval or disapproval of the revised Preliminary Plans within five (5) days after the date of Landlord's receipt thereofthis Leasehold Improvement Agreement. If Tenant and Landlord reasonably disapproves the revised Preliminary Plansare unable to agree upon final Plans after three submissions by Landlord to Tenant, then upon the following shall occur: request of either party, the parties (i) Landlord and Tenant shall continue all representatives of such parties needed to follow the procedures set forth in this Paragraph 2.2.1 until Landlord and Tenant reasonably approve the Preliminary Plans in accordance with this Paragraph 2.2.1, and (ii) the period between the date of Landlord's reasonable disapproval and the eventual mutual approval on behalf of such Preliminary Plans parties) shall constitute personally attend a Tenant Delaymeeting at which the parties shall use their best efforts to agree upon the Plans.

Preliminary Plans. Tenant shall cause Architect to prepare deliver preliminary plans (the "Preliminary Plans") for the Tenant Improvements to be performed at the Premises. Tenant shall cause Architect to deliver the Preliminary Plans Premises to Landlord within thirty (30) days after the date on which the Lease has been signed by Landlord and Tenantexecution of this Lease. Within five (5) days after Landlord's receipt of the Preliminary Plans, Landlord shall either approve or disapprove the Preliminary Plans, which approval shall not be unreasonably withheld. If Landlord disapproves the Preliminary Plans, then Landlord shall state in reasonable detail the changes which Landlord requires to be made thereto. Tenant shall submit to Landlord revised Preliminary Plans within five (5) days after Tenant's receipt of Landlord's disapproval notice. Following Landlord's receipt of the revised Preliminary Plans from Tenant, Landlord shall have the right to review and approve the revised Preliminary Plans pursuant to this Paragraph 2.2.1. Landlord shall give Tenant written notice of its approval or disapproval of the revised Preliminary Plans within five (5) days after the date of Landlord's receipt thereof. If Landlord reasonably disapproves the revised Preliminary Plans, then the following shall occur: (i) Landlord and Tenant shall continue to follow the procedures set forth in this Paragraph 2.2.1 until either (x) Landlord and Tenant reasonably approve the Preliminary Plans in accordance with this Paragraph 2.2.1, and or (iiy) the period between date that is thirty ( 30) days after submittal of the date initial Preliminary Plans, whichever shall first occur. If Landlord and Tenant do not mutually agree upon the Preliminary Plans within thirty (30) days after the execution of Landlord's reasonable disapproval and the eventual mutual approval of Lease, then Landlord may in its sole discretion terminate the Lease upon written notice to Tenant. If Landlord neither approves nor disapproves the Preliminary Plans or the revised Preliminary Plans within the applicable time periods provided above, Landlord shall be deemed to have disapproved such Preliminary Plans shall constitute a Tenant Delayas submitted.

Preliminary Plans. In accordance with the Work Schedule, Tenant shall cause Architect its architect/space planner to prepare and submit to Landlord two (2) copies of preliminary plans and specifications for the Tenant's Work and detailed description of Tenant's FF&E (the "Preliminary Plans") ). The Preliminary Plans shall conform to the building shell specifications attached hereto as Exhibit "1" and shall include the proposed location of Tenant's signs, the designation of materials, colors and elevations, the designation of the type and quality of Tenant's Work and a preliminary estimate of the cost of purchasing, constructing and installing Tenant's Work and Tenant's FF&E. The Preliminary Plans shall reasonably conform to the standards of quality and design currently established by Landlord for the Tenant Improvements to be performed at the Premises. Tenant shall cause Architect to deliver the Preliminary Plans to Landlord within thirty (30) days after the date on which the Lease has been signed by Landlord entertainment and Tenantretail center. Within five (5) days after the applicable time period set forth in the Work Schedule following Landlord's receipt of the Preliminary Plans, Landlord shall either review and approve or reasonably disapprove the Preliminary Plans, which . Landlord's approval shall not be unreasonably withheld. If Landlord disapproves the Preliminary Plans in whole or in part, Landlord shall inform Tenant of the reasons for such disapproval in writing and Tenant shall have the applicable time period set forth in the Work Schedule following Landlord's disapproval within which to revise and resubmit the Preliminary Plans. Following Tenant's revision and resubmittal to Landlord of the Preliminary Plans, then Landlord shall state in reasonable detail have up to twelve (12) working days to review and either approve or disapprove the changes which Landlord requires revised Preliminary Plans. Landlord's failure to be made thereto. Tenant shall submit to Landlord revised approve the Preliminary Plans within five such twelve (512) days after Tenant's receipt of working day period shall constitute Landlord's disapproval noticethereof. Following Landlord's receipt of In accordance with the revised Work Schedule, the parties shall repeat the review and approval procedure described herein until they shall mutually agree on the Preliminary Plans. If the parties are not able to agree upon the Preliminary Plans from Tenantwithin the timeframe contained in the Work Schedule, Landlord shall have the right to review and approve terminate the revised Preliminary Plans pursuant to this Paragraph 2.2.1. Landlord shall give Tenant Lease upon written notice of its approval or disapproval of the revised Preliminary Plans within five (5) days after the date of Landlord's receipt thereof. If Landlord reasonably disapproves the revised Preliminary Plans, then the following shall occur: (i) Landlord and Tenant shall continue to follow the procedures set forth in this Paragraph 2.2.1 until Landlord and Tenant reasonably approve the Preliminary Plans in accordance with this Paragraph 2.2.1, and (ii) the period between the date of Landlord's reasonable disapproval and the eventual mutual approval of such Preliminary Plans shall constitute a Tenant DelayTenant.

Preliminary Plans. On or before the Submission Date, Tenant shall will cooperate with Landlord and submit all information necessary for preparation of the Preliminary Plans ("Design Information"). Each day after the Submission Date until Tenant has provided all Design Information will be a day of Tenant's delay. Promptly after receipt of all Design Information, Landlord will cause Architect its architect to prepare preliminary plans (the "Preliminary Plans") Plans based on the submitted Design Information and shall submit same to Tenant for the Tenant Improvements to be performed at the Premisesreview. Tenant shall have 5 business days to review the proposed Preliminary Plans and either approve same or deliver to Landlord a notice containing Tenant's objections to same set forth in reasonable detail. Each day after said 5 business day period until Tenant either approves the proposed Preliminary or delivers notice of objections will be a day of Tenant's delay. Promptly upon receipt of any objection from tenant, Landlord will cause Architect its architect to deliver prepare the Preliminary Plans to Landlord within thirty (30) days after based on the date on which the Lease has been signed by Landlord and Tenant. Within five (5) days after Landlord's receipt of the Preliminary Planssubmitted Design Information, Landlord shall either approve or disapprove the Preliminary Plans, which approval shall not be unreasonably withheld. If Landlord disapproves the Preliminary Plans, then Landlord shall state in reasonable detail the changes which Landlord requires will cause its architect to be made thereto. Tenant shall submit to Landlord prepare revised Preliminary Plans within five (5) days after Tenant's receipt of Landlord's disapproval notice. Following Landlord's receipt of according to such notice and submit the revised Preliminary Plans from to Tenant, Landlord shall have the right . Upon submittal to review and approve the revised Preliminary Plans pursuant to this Paragraph 2.2.1. Landlord shall give Tenant written notice of its approval or disapproval of the revised Preliminary Plans within five (5) days after the date of Landlord's receipt thereof. If Landlord reasonably disapproves the revised Preliminary Plans, then the following shall occur: (i) Landlord and Tenant shall continue to follow upon submittal of any further revisions, the procedures set forth described above will be repeated. if the revised Preliminary Plans, or any further revisions, are consistent with the Design information and all requirements identified in this Paragraph 2.2.1 Tenant's prior notice(s) of objections, then each day following Landlord's receipt of Tenant's notice of any additional objections until the day on which Landlord and Tenant reasonably approve receives Tenant's written approval of the Preliminary Plans will be a day of Tenant's delay. Tenant represents to Landlord that Tenant has furnished to Landlord and the party preparing the Construction Documents all information necessary such that (following construction of the Leasehold Improvements in accordance with this Paragraph 2.2.1the Construction Documents) Tenant, the Premises and the Leasehold Improvements will be in compliance with the Americans With Disabilities Act of 1990, 42 U.S.C. ss.ss.12101-12213 and any state disability or handicapper's acts (iicollectively "Disability Acts"). TENANT SHALL BE RESPONSIBLE FOR AND SHALL INDEMNIFY AND HOLD HARMLESS LANDLORD FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES AND EXPENSES (INCLUDING, WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES AND EXPENSES) INCURRED BY OR ASSERTED AGAINST LANDLORD BY REASON OF OR IN CONNECTION WITH ANY VIOLATION OF THE DISABILITY ACTS ARISING FROM OR OUT OF (x) information or design and space plans furnished to Landlord by Tenant (or the period between lack of complete and accurate information so furnished) concerning the date Leasehold Improvements, (y) Tenant's employer-employee obligations, or (z) after the Commencement Date, violations by Tenant and/or the Leasehold Improvements or the Premises not being in compliance with the Disability Acts as the result of changes in regulations or law or interpretations thereof not in effect on the Commencement Date. The foregoing indemnity shall not include any claims, liabilities or expenses (including reasonable attorneys' fees and expenses) arising out of the negligence or gross negligence of Landlord or Landlord's reasonable disapproval employees, agents or contractors. Without limiting the foregoing, if Landlord constructs the Leasehold Improvements based on any special requirements or improvements required by Tenant, or upon information furnished by Tenant that later proves to be inaccurate or incomplete resulting in any violation of the Disability Acts, Tenant shall be solely liable to correct such violations and to bring the eventual mutual approval of such Preliminary Plans shall constitute a Tenant Delayimprovements into compliance with the Disability Acts as promptly as is practicable.

Preliminary Plans. Prior to commencing any portion of Tenant’s Work, Tenant shall cause Architect deliver to prepare Landlord, for Landlord’s review and approval, a preliminary set of plans and specifications for Tenant’s Work (the "“Preliminary Plans") for the Tenant Improvements to be performed at the Premises. Tenant shall cause Architect to deliver the Preliminary Plans to Landlord within thirty (30) days after the date on which the Lease has been signed by Landlord and Tenant”). Within five twenty (520) days after Landlord's ’s receipt of the Preliminary Plans, Landlord shall either approve return to Tenant one set of prints thereof, with Landlord’s written approval or disapprove with Landlord’s required modifications. If Landlord returns the Preliminary Plans to Tenant with required modifications, and not bearing Landlord’s written approval, then Tenant, promptly after its receipt of such modified plans, shall revise the Preliminary Plans as required by Landlord and shall submit one revised set of plans to Landlord for Landlord’s approval. Tenant acknowledges and agrees that portions of Tenant’s Work affect critical portions of the Building’s systems and that, accordingly, Landlord shall be entitled to withhold its approval of the Preliminary Plans, which approval shall not be unreasonably withheldand require modifications thereto, in Landlord’s sole and absolute discretion with respect to any portion of Tenant’s Work that affects the Building’s systems. If Landlord disapproves fails to respond to the Preliminary PlansPlans within the 20-day period provided above and such failure continues for ten (10) days after a second written notice from Tenant requesting approval (which second notice must state IN ALL CAPITAL LETTERS that failure to respond shall be deemed approval), then Landlord shall state in reasonable detail be deemed to have approved the changes which Landlord requires to be made thereto. Tenant shall submit to Landlord revised Preliminary Plans within five (5) days after Tenant's receipt of Landlord's disapproval notice. Following Landlord's receipt of the revised Preliminary Plans from Tenant, Landlord shall have the right to review and approve the revised Preliminary Plans pursuant to this Paragraph 2.2.1. Landlord shall give Tenant written notice of its approval or disapproval of the revised Preliminary Plans within five (5) days after the date of Landlord's receipt thereof. If Landlord reasonably disapproves the revised Preliminary Plans, then the following shall occur: (i) Landlord and Tenant shall continue to follow the procedures set forth in this Paragraph 2.2.1 until Landlord and Tenant reasonably approve the Preliminary Plans in accordance with this Paragraph 2.2.1, and (ii) the period between the date of Landlord's reasonable disapproval and the eventual mutual approval of such Preliminary Plans shall constitute a Tenant Delay.

Preliminary Plans. Landlord shall, at Landlord's expense (as provided below), cause Xxxxxxxx, Xxxxx & Hills, Inc. (Xxxxxxxx, Xxxxx & Hills, Inc., or any other architect retained by Landlord with respect to the Premises from time to time, is referred to as the "ARCHITECT") to prepare a coordination set of plans and specifications for the Initial Building, related improvements and whatever site work is to be performed or constructed on the Parcels before the Commencement Date, including grading, paving and drainage plans, utility plans (including electricity, potable water, sanitary and storm water sewerage, and telecommunications, if applicable) and connections of each ("PRELIMINARY PLANS"). The Preliminary Plans shall fully comply with the applicable requirements of all Governmental Authorities and CC&R's. The Preliminary Plans shall be agreed to by both Landlord and Tenant as follows: Landlord shall cause submit the Preliminary Plans to Tenant on or before the seventh day after delivery to Landlord by Tenant of an executed Lease and an executed Guaranty. Within seven business days after the completed Preliminary Plans have been submitted to Tenant, Tenant agrees to deliver to Architect and Landlord the Preliminary Plans together with either (i) Tenant's written approval of such Preliminary Plans or (ii) Tenant's reasonably requested changes to such Preliminary Plans ("REQUESTED CHANGES") in sufficient detail to permit Architect to prepare preliminary plans (the "Preliminary Plans") for the revised drawings. Should Tenant Improvements to be performed at the Premises. Tenant shall cause Architect fail to deliver the Preliminary Plans with Tenant's approval or Requested Changes to Architect and Landlord within said seven-day period, and should such failure continue for three days after written notice of such failure from Landlord to Tenant, Landlord may construct the Building, related improvements and site improvements (collectively, the "IMPROVEMENTS") according to such Preliminary Plans (subject to Tenant's rights to modify the Preliminary Plans as described in SECTION 2 of this Leasehold Improvement Agreement), and upon Substantial Completion (as defined herein) thereof, Tenant shall be obligated to take possession of the Premises and the Term of the Lease shall commence. If Tenant has timely delivered Requested Changes to Landlord within thirty (30) and Architect, then no later than seven business days after the date on which the Lease has been signed receipt by Landlord and Tenant. Within five (5) days after Landlord's receipt Architect of the Preliminary PlansRequested Changes from Architect, Landlord shall notify Tenant either approve that Landlord has approved the Requested Changes or disapprove that Landlord has disapproved the Preliminary PlansRequested Changes, in which latter case such notice shall specify Landlord's reasons for disapproval. Landlord's approval of the Requested Changes shall not be unreasonably withheld. If Landlord disapproves the Requested Changes, then the foregoing submission process shall be repeated until the parties agree on the Preliminary Plans, then Landlord shall state in reasonable detail the changes which Landlord requires to be made thereto. Tenant shall submit to Landlord revised The Preliminary Plans within five (5) days after Tenant's receipt of Landlord's disapproval notice. Following Landlord's receipt of as approved by the revised Preliminary Plans from Tenant, Landlord shall have the right to review and approve the revised Preliminary Plans parties pursuant to this Paragraph 2.2.1. Landlord SECTION 1 of this Leasehold Improvement Agreement shall give Tenant written notice be referred to herein as the "PLANS"; and, upon such approval, the Plans shall be deemed a part of its approval or disapproval of the revised Preliminary Plans within five (5) days after the date of Landlord's receipt thereofthis Leasehold Improvement Agreement. If Tenant and Landlord reasonably disapproves the revised Preliminary Plansare unable to agree upon final Plans after three submissions by Landlord to Tenant, then upon the following shall occur: request of either party, the parties (i) Landlord and Tenant shall continue all representatives of such parties needed to follow the procedures set forth in this Paragraph 2.2.1 until Landlord and Tenant reasonably approve the Preliminary Plans in accordance with this Paragraph 2.2.1, and (ii) the period between the date of Landlord's reasonable disapproval and the eventual mutual approval on behalf of such Preliminary Plans parties) shall constitute personally attend a Tenant Delaymeeting at which the parties shall use their best efforts to agree upon the Plans.

Preliminary Plans. Tenant shall cause Architect to prepare preliminary plans (the "Preliminary Plans") has provided Landlord with all information necessary for the Tenant Improvements to be performed at the Premises. Tenant shall cause Architect to deliver preparation of the Preliminary Plans (“Design Information”). Promptly after receipt of all Design Information, Landlord will cause its architect to prepare the Preliminary Plans based on the submitted Design Information. Landlord within thirty (30) days after will pay the date on cost of preparing the initial Preliminary Plans up to the amount of the Test Fit Allowance, which shall be subtracted from the Lease has been signed Construction Allowance; any additional costs reasonably charged by Landlord and Tenantarchitect in preparing the Preliminary Plans will be included in the Total Cost. Within five (5) business days after Landlord's receipt of the proposed Preliminary Plans, Landlord shall Tenant will either approve the same in writing or disapprove notify Landlord in writing of how the proposed Preliminary Plans are inconsistent with the Design Information and how the Preliminary PlansPlans must be changed in order to overcome Tenant’s objections. Each day following the 5th business day after the proposed Preliminary Plans are submitted to Tenant until Tenant either approves them or delivers such notice of objections will be a day of Tenant’s delay. Upon receipt of Tenant’s notice of objections, which approval shall not be unreasonably withheld. If Landlord disapproves the Preliminary Plans, then Landlord shall state in reasonable detail the changes which Landlord requires will cause its architect to be made thereto. Tenant shall submit to Landlord prepare revised Preliminary Plans within five (5) days after Tenant's receipt of Landlord's disapproval notice. Following Landlord's receipt of according to such notice and submit the revised Preliminary Plans from to Tenant, Landlord shall have the right . Upon submittal to review and approve the revised Preliminary Plans pursuant to this Paragraph 2.2.1. Landlord shall give Tenant written notice of its approval or disapproval of the revised Preliminary Plans within five (5) days after the date of Landlord's receipt thereof. If Landlord reasonably disapproves the revised Preliminary Plans, then the following shall occur: (i) Landlord and Tenant shall continue to follow upon submittal of any further revisions, the procedures set forth in this Paragraph 2.2.1 until Landlord and Tenant reasonably approve the Preliminary Plans in accordance with this Paragraph 2.2.1, and (ii) the period between the date of Landlord's reasonable disapproval and the eventual mutual approval of such Preliminary Plans shall constitute a Tenant Delay.described above will be repeated. If the

Preliminary Plans. Tenant shall cause Architect to prepare preliminary plans (the "Preliminary Plans"“PRELIMINARY PLANS”) for the Tenant Improvements to be performed at the Premises. Tenant shall cause Architect to deliver the Preliminary Plans to Landlord within thirty (30) days after the date on which the Lease has been signed by Landlord and Tenantor before February 28, 1997. Within five (5) days after Landlord's ’s receipt of the Preliminary Plans, Landlord shall either approve or disapprove the Preliminary Plans, which approval shall not be unreasonably withheld. Failure of Landlord to approve or disapprove the Preliminary Plans within such five-day period shall be deemed to constitute Landlord’s approval of the Preliminary Plans. If Landlord disapproves the Preliminary Plans, then Landlord shall state in reasonable detail the changes which Landlord requires to be made thereto. Tenant shall submit to Landlord revised Preliminary Plans within five (5) days after Tenant's ’s receipt of Landlord's ’s disapproval notice. Following Landlord's ’s receipt of the revised Preliminary Plans from Tenant, Landlord shall have the right to review and approve the revised Preliminary Plans pursuant to this Paragraph PARAGRAPH 2.2.1. Landlord shall give Tenant written notice of its approval or disapproval of the revised Preliminary Plans within five (5) days after the date of Landlord's ’s receipt thereof. Failure of Landlord to approve or disapprove the Preliminary Plans within such five-day period shall be deemed to constitute Landlord’s approval of the revised Preliminary Plans. If Landlord reasonably disapproves the revised Preliminary Plans, then the following shall occur: (i) Landlord and Tenant shall continue to follow the procedures set forth in this Paragraph PARAGRAPH 2.2.1 until Landlord and Tenant reasonably approve the Preliminary Plans in accordance with this Paragraph PARAGRAPH 2.2.1, and (ii) the period between the date of Landlord's reasonable disapproval and the eventual mutual approval of such Preliminary Plans shall constitute a Tenant Delay.

Preliminary Plans. Tenant Landlord shall cause Architect to prepare preliminary plans (the "“Preliminary Plans"”) for the Tenant Directed Improvements to be performed at based on the Premises. Tenant shall cause Architect to deliver the Preliminary Plans to Landlord within thirty (30) days after the date on which the Lease has been signed basis of design provided by Landlord and Tenant. Within five ten (510) business days after Landlord's Xxxxxx’s receipt of the Preliminary Plans, Landlord Tenant shall either approve or disapprove the Preliminary Plans, which approval shall not be unreasonably withheld. If Landlord Tenant disapproves the Preliminary Plans, then Landlord Tenant shall state in reasonable detail the changes which Landlord Tenant requires to be made thereto. Tenant Landlord shall submit then cause the Architect to Landlord revised revise the Preliminary Plans to address Xxxxxx’s comments within five twenty (520) business days after Tenant's receipt of Landlord's disapproval noticeXxxxxx’s comments. Following LandlordXxxxxx's receipt of the revised Preliminary Plans from TenantPlans, Landlord Tenant shall have the right to review and approve the revised Preliminary Plans pursuant to this Paragraph 2.2.1Section. Landlord Tenant shall give Tenant Landlord written notice of its approval or disapproval of the revised Preliminary Plans within five (5) business days after the date of Landlord's Xxxxxx’s receipt thereof. If Landlord Tenant reasonably disapproves the revised Preliminary Plans, then the following shall occur: (i) Landlord and Tenant shall continue to follow the procedures set forth in this Paragraph 2.2.1 Section 1.2.2 until Landlord and Tenant reasonably approve the Preliminary Plans for such Tenant Directed Improvements in accordance with this Paragraph 2.2.1, and (ii) the period between the date of Landlord's reasonable disapproval and the eventual mutual approval of such Preliminary Plans shall constitute a Tenant DelaySection 1.2.1.

Preliminary Plans. Following Landlord's approval of the Design Drawings for Phase I or Phase II, Tenant shall cause Architect to prepare and submit for Landlord's review and approval preliminary plans and specifications for Tenant's Work (the "Preliminary PlansPRELIMINARY PLANS") for the Tenant Improvements to be performed at the Premises). Tenant shall cause Architect to deliver the Preliminary Plans to Landlord within thirty (30) days after the date on which the Lease has been signed by Landlord and Tenant. Within five (5) days after Landlord's receipt of the Preliminary Plans, Landlord shall either have the right to approve or disapprove the Preliminary Plans, which approval shall not be unreasonably withheldwithheld or delayed, provided, however, that except for matters which affecting on the Structure, as defined below, and matters that do not comply with all applicable building and land use laws, rules and regulations, Landlord may not disapprove any matter that is consistent with the Design Drawings. "STRUCTURE" shall mean: (i) structural portions of the Building including exterior walls, roof, foundation or the core of the Building, (ii) the exterior of the Building, or (iii) any of the Building systems, including, without limitation, elevator, plumbing, air conditioning, heating electrical, security, life safety or power. Tenant shall cause the Preliminary Plans to be revised to address such written comments and shall resubmit said drawings to Landlord for approval. Such process shall continue until Landlord has approved the Preliminary Plans. If Landlord disapproves the Preliminary Plans, then Landlord shall state in reasonable detail the changes which Landlord requires fails to be made thereto. Tenant shall submit to Landlord revised Preliminary Plans within five (5) days after Tenant's receipt of Landlord's disapproval notice. Following Landlord's receipt of the revised Preliminary Plans from Tenant, Landlord shall have the right to review and approve the revised Preliminary Plans pursuant to this Paragraph 2.2.1. Landlord shall give Tenant written notice of its approval or disapproval within 5 business days following its receipt of the revised Preliminary Plans within five (5) days after the date of Landlord's receipt thereof. If Landlord reasonably disapproves the revised Preliminary Plans, then the following shall occur: (i) Landlord and Tenant shall continue to follow the procedures set forth in this Paragraph 2.2.1 until Landlord and Tenant reasonably approve the Preliminary Plans in accordance with this Paragraph 2.2.1or any required modification or amendment thereof, and (ii) the period between same shall be deemed to have been approved by Landlord. Tenant shall be solely responsible for ensuring that the date of Landlord's reasonable disapproval and the eventual mutual approval of such Preliminary Plans shall constitute a Tenant Delayreflect Tenant's requirements for Tenant's Work.

Preliminary Plans. (1) Tenant shall cause Architect has advised Landlord that Tenant desires Landlord to prepare preliminary perform certain Tenant’s Work in the Second Expansion Premises pursuant to plans (the "Preliminary Plans") for the and specifications which Tenant Improvements to be performed at the Premisesis currently preparing. Tenant shall cause Architect preliminary schematic drawings and outline specifications (collectively, the “Preliminary Drawings”) to deliver be provided to the Preliminary Plans Landlord for its review and approval. Prior to the Effective Date, Tenant has provided to Landlord within thirty (30) days after the date on a space plan which the Lease has been signed by Landlord and Tenant. Within five (5) days after Landlord's receipt constitutes only a partial set of the Preliminary Plans, Landlord shall either approve or disapprove the Preliminary Plans, which approval shall not be unreasonably withheld. If Landlord disapproves the Preliminary Plans, then Landlord shall state in reasonable detail the changes which Landlord requires to be made theretoDrawings. Tenant shall submit to Landlord revised Preliminary Plans within five (5) days after Tenant's receipt of Landlord's disapproval notice. Following Landlord's receipt of the revised Preliminary Plans from Tenant, Landlord shall have the right to review acknowledges and approve the revised Preliminary Plans pursuant to this Paragraph 2.2.1. Landlord shall give Tenant written notice of its approval or disapproval of the revised Preliminary Plans within five (5) days after the date of Landlord's receipt thereof. If Landlord reasonably disapproves the revised Preliminary Plans, then the following shall occur: agrees that (i) Landlord and Tenant shall continue provide a complete set of Preliminary MEP Drawings based upon the space plan provided to follow Landlord prior to the procedures set forth in this Paragraph 2.2.1 until Landlord Effective Date for its review and Tenant reasonably approve approval, subsequent to the Preliminary Plans in accordance with this Paragraph 2.2.1Effective Date, and (ii) the period between Preliminary Drawings shall consist of the date of Landlord's reasonable disapproval space plan provided by Tenant to Landlord prior to the Effective Date and the eventual mutual approval complete set of Preliminary MEP Drawings to be provided by Tenant subsequent to the Effective Date. Landlord shall approve or provide reasonable detail of its disapproval of such Preliminary Plans Drawings within five (5) Business Days after Landlord receives the complete set of Preliminary MEP Drawings from Tenant, such approval not to be unreasonably withheld, conditioned or delayed. If Landlord denies approval, Tenant shall constitute a Tenant Delaycause the Preliminary Drawings to be revised and resubmitted to Landlord within five (5) Business Days. Landlord shall then have three (3) Business Days to approve or provide reasonable detail of its disapproval of such revised Preliminary Drawings. If Landlord denies approval, such process will continue until Landlord’s approval of the Preliminary Drawings is provided. If Landlord fails to approve or deny approval within the time periods set forth above, Landlord shall be deemed to have approved the Preliminary Drawings in the form to which Landlord did not respond.

Preliminary Plans. Tenant shall cause arrange for Xxxxxx’s Architect to prepare preliminary plans and specifications (the "“Preliminary Plans"”) for of the proposed Tenant Improvements to be performed at the Premises. Tenant shall cause Architect to deliver and submit the Preliminary Plans to Landlord for Landlord’s review and approval. Landlord shall approve or disapprove of the Preliminary Plans by written notice to Tenant within thirty (30) days after the date on which the Lease has been signed by Landlord and Tenant. Within five (5) business days after Landlord's Xxxxxxxx’s receipt of the Preliminary Plans, . Landlord shall either approve or disapprove not unreasonably withhold its approval of the Preliminary Plans, which approval shall not be unreasonably withheld. If Landlord disapproves the Preliminary Plans, then Xxxxxxxx’s written notice to Tenant disapproving of the Preliminary Plans shall include (i) a description of the disapproved element of the Preliminary Plans, (ii) the reasons for Landlord’s disapproval and (iii) at Landlord’s option, suggested modifications to the Preliminary Plans. If Landlord disapproves of the Preliminary Plans, Tenant shall arrange for Xxxxxx’s Architect to revise the Preliminary Plans to address Xxxxxxxx’s comments and/or incorporate Xxxxxxxx’s suggested modifications (if any) and resubmit the Preliminary Plans to Landlord for Landlord’s review and approval. Landlord shall state in reasonable detail the changes which Landlord requires to be made thereto. Tenant shall submit to Landlord revised Preliminary Plans within five (5) days after Tenant's receipt of Landlord's disapproval notice. Following Landlord's receipt of review the revised Preliminary Plans from Tenant, Landlord shall have the right to review and approve the revised Preliminary Plans pursuant to this Paragraph 2.2.1. Landlord shall give Tenant written notice of its approval or disapproval disapprove of the revised Preliminary Plans within five three (53) business days after Xxxxxxxx’s receipt thereof in accordance with the date of Landlord's receipt thereofprocedure provided above. If Landlord reasonably disapproves the revised Preliminary Plans, then the following shall occur: (i) Landlord and Tenant shall continue fails to follow the procedures set forth in this Paragraph 2.2.1 until Landlord and Tenant reasonably approve respond to Xxxxxx’s request for approval or disapproval of the Preliminary Plans in accordance with this Paragraph 2.2.1within the time periods provided for above, and (ii) the period between the date of Landlord's reasonable disapproval and the eventual mutual such approval of such Preliminary Plans shall constitute a Tenant Delaybe deemed to have been given.

Preliminary Plans. On or before the Submission Date, Tenant shall cause Architect to prepare preliminary plans (the "Preliminary Plans") will cooperate with Landlord and submit all information necessary for the Tenant Improvements to be performed at the Premises. Tenant shall cause Architect to deliver preparation of the Preliminary Plans ("Design Information"). Each day after the Submission Date until Tenant has provided all Design Information will be a day of Tenant's delay. Promptly after receipt of all Design Information, Landlord will cause its architect to Landlord within thirty (30) prepare the Preliminary Plans based on the submitted Design Information. Within 5 business days after the date on which the Lease has been signed by Landlord and Tenant. Within five (5) days after Landlord's receipt of the proposed Preliminary Plans, Landlord shall Tenant will either approve the same in writing or disapprove notify Landlord in writing of how the proposed Preliminary Plans are inconsistent with the Design Information and how the Preliminary PlansPlans must be changed in order to overcome Tenant's objections. Each day following the 5th business day after the proposed Preliminary Plans are submitted to Tenant until Tenant either approves them or delivers such notice of objections will be a day of Tenant's delay. Upon receipt of Tenant's notice of objections, which approval shall not be unreasonably withheld. If Landlord disapproves the Preliminary Plans, then Landlord shall state in reasonable detail the changes which Landlord requires will cause its architect to be made thereto. Tenant shall submit to Landlord prepare revised Preliminary Plans within five (5) days after Tenant's receipt of Landlord's disapproval notice. Following Landlord's receipt of according to such notice and submit the revised Preliminary Plans from to Tenant, Landlord shall have the right . Upon submittal to review and approve the revised Preliminary Plans pursuant to this Paragraph 2.2.1. Landlord shall give Tenant written notice of its approval or disapproval of the revised Preliminary Plans within five (5) days after the date of Landlord's receipt thereof. If Landlord reasonably disapproves the revised Preliminary Plans, then the following shall occur: (i) Landlord and Tenant shall continue to follow upon submittal of any further revisions, the procedures set forth described above will be repeated. If the revised Preliminary Plans, or any further revisions, are consistent with the Design Information and all requirements identified in this Paragraph 2.2.1 Tenant's prior notice(s) of objections, then each day following Landlord's receipt of Tenant's notice of any additional objections until the day on which Landlord and Tenant reasonably approve receives Tenant's approval of the Preliminary Plans in accordance with this Paragraph 2.2.1, and (ii) the period between the date will be a day of LandlordTenant's reasonable disapproval and the eventual mutual approval of such Preliminary Plans shall constitute a Tenant Delaydelay.

Preliminary Plans. Within three (3) days of the full execution and delivery of this First Amendment by Landlord and Tenant, Tenant and Tenant's consultants shall cause Architect to prepare meet with Landlord and Landlord's architect and provide Landlord and Landlord's architect with input (the "Tenant's Input") regarding the preliminary plans and specifications (the "Preliminary Plans") for the Vertical Exhaust. Thereafter, Landlord shall cause Landlord's architect, based on Tenant's reasonable Input, to deliver Preliminary Plans to Tenant Improvements for Tenant's approval, not to be performed at the Premisesunreasonably withheld. Tenant shall cause Architect to deliver approve or reasonably disapprove the Preliminary Plans to Landlord thereto within thirty five (305) business days after Landlord delivers the date on which Preliminary Plan to Tenant or within three (3) business days after Landlord delivers any Preliminary Plan revisions to Tenant. This process shall be repeated until the Lease has been signed Preliminary Plans are mutually approved by Landlord and Tenant. Within five (5) days after LandlordFailure of Tenant to respond to Landlord before the expiration of any such time periods set forth above shall be deemed Tenant's receipt approval of the Preliminary Plans. Acting in good faith and reasonably, Landlord shall either approve or disapprove the Preliminary Plans, which approval shall not be unreasonably withheld. If Landlord disapproves the Preliminary Plans, then Landlord shall state in reasonable detail the changes which Landlord requires to be made thereto. Tenant shall submit to Landlord revised Preliminary Plans within five (5) days after Tenant's receipt of Landlord's disapproval notice. Following Landlord's receipt of the revised Preliminary Plans from Tenant, Landlord shall have the right to review and approve the revised Preliminary Plans pursuant to this Paragraph 2.2.1. Landlord shall give Tenant written notice of its approval or disapproval of the revised Preliminary Plans within five (5) days after the date of Landlord's receipt thereof. If Landlord reasonably disapproves the revised Preliminary Plans, then the following shall occur: (i) Landlord and Tenant shall continue to follow the procedures set forth in this Paragraph 2.2.1 until Landlord and Tenant reasonably approve mutually agree on the Preliminary Plans in accordance with this Paragraph 2.2.1by no later than May 1, and 2017 (ii) the period between the date of Landlord's reasonable disapproval and the eventual mutual approval of such Preliminary Plans shall constitute a Tenant Delayor as soon thereafter as reasonably possible).

Preliminary Plans. Within fifteen (15) business days (a "`business day" being a day other than a Saturday, Sunday or public holiday) after the date that Landlord and Tenant execute this Lease ("Plan Submittal Date"), Tenant shall cause Architect deliver to prepare Landlord for its approval two (2) copies of preliminary plans and specifications prepared by an architect or gualified space planner (the "Tenant's Architect") approved in advance by Landlord for Tenant's Work ("Preliminary Plans") for the Tenant Improvements to be performed at the Premises). Tenant shall cause Architect to deliver the Preliminary Plans to Landlord within thirty shall be signed by Tenant and include: architectural floor. plans dimensioned with partition layout, identification and location of plumbing and mechanical systems and any floor or ceiling penetrations. Within seven (307) days after the date on which the Lease has been signed by Landlord and Tenant. Within five (5) days after Landlord's receipt of the Preliminary Plans, Landlord shall approve the same or deliver to Tenant, Landlord's specific objections thereto, together with Xxxxxxxx's proposed solution to each objection. If Landlord fails to either approve or disapprove object to the Preliminary Plans within the seven (7) day period, Landlord shall be deemed to have approved the Preliminary Plans, which approval shall not be unreasonably withheld. If Landlord disapproves objects to the Preliminary Plans, then Landlord shall state in reasonable detail the changes which Landlord requires to be made thereto. Tenant shall submit to Landlord revised Preliminary Plans within five such seven (57) day period, Tenant shall revise and resubmit the Preliminary Plans for Landlord's approval within seven (7) days after Tenant's receipt receiving notice of Landlord's disapproval notice. Following Landlord's receipt of the revised Preliminary Plans from Tenant, Landlord shall have the right to review objection; and approve the revised Preliminary Plans pursuant to this Paragraph 2.2.1. Landlord shall give Tenant written notice of its approval or disapproval of the revised Preliminary Plans within five (5) days after the date of Landlord's receipt thereof. If Landlord reasonably disapproves the revised Preliminary Plans, then the following shall occur: (i) Landlord and Tenant process shall continue to follow the procedures set forth in this Paragraph 2.2.1 until Landlord and Tenant reasonably approve the Preliminary Plans in accordance with are approved by Landlord. If the Preliminary Plans are not submitted by the Plan Submittal Date, or if the Preliminary Plans are not approved by Landlord by the twenty--fifth (25) business day after the Plan Submittal Date, Tenant may terminate this Paragraph 2.2.1Lease by written notice to Landlord, and (ii) the period between this Lease shall cease and terminate on the date of Landlord's reasonable disapproval and specified in the eventual mutual approval of such Preliminary Plans shall constitute a Tenant Delaynotice.

Preliminary Plans. Tenant shall cause arrange for Xxxxxx’s Architect to prepare preliminary plans and specifications (the "“Preliminary Plans"”) for of the proposed Tenant Improvements to be performed at the Premises. Tenant shall cause Architect to deliver and submit the Preliminary Plans to Landlord for Landlord’s review and approval. Landlord shall approve or disapprove of the Preliminary Plans by written notice to Tenant within thirty (30) days after the date on which the Lease has been signed by Landlord and Tenant. Within five (5) business days after Landlord's Xxxxxxxx’s receipt of the Preliminary Plans, . Landlord shall either approve or disapprove not unreasonably withhold its approval of the Preliminary Plans, which approval shall not be unreasonably withheld. If Landlord disapproves the Preliminary Plans, then Xxxxxxxx’s written notice to Tenant disapproving of the Preliminary Plans shall include (i) a description of the disapproved element of the Preliminary Plans, (ii) the reasons for Landlord’s disapproval and (iii) at Landlord’s option, suggested modifications to the Preliminary Plans. If Landlord disapproves of the Preliminary Plans, Tenant shall arrange for Xxxxxx’s Architect to revise the Preliminary Plans to address Xxxxxxxx’s comments and/or incorporate Landlord’s suggested modifications (if any) and resubmit the Preliminary Plans to Landlord for Landlord’s review and approval. Landlord shall state in reasonable detail the changes which Landlord requires to be made thereto. Tenant shall submit to Landlord revised Preliminary Plans within five (5) days after Tenant's receipt of Landlord's disapproval notice. Following Landlord's receipt of review the revised Preliminary Plans from Tenant, Landlord shall have the right to review and approve the revised Preliminary Plans pursuant to this Paragraph 2.2.1. Landlord shall give Tenant written notice of its approval or disapproval disapprove of the revised Preliminary Plans within five three (53) business days after Xxxxxxxx’s receipt thereof in accordance with the date of Landlord's receipt thereofprocedure provided above. If Landlord reasonably disapproves the revised Preliminary Plans, then the following shall occur: (i) Landlord and Tenant shall continue fails to follow the procedures set forth in this Paragraph 2.2.1 until Landlord and Tenant reasonably approve respond to Xxxxxx’s request for approval or disapproval of the Preliminary Plans in accordance with this Paragraph 2.2.1within the time periods provided for above, and (ii) the period between the date of Landlord's reasonable disapproval and the eventual mutual such approval of such Preliminary Plans shall constitute a Tenant Delaybe deemed to have been given.

Preliminary Plans. Tenant shall cause Architect to prepare ----------------- preliminary plans (the "Preliminary Plans") for the Tenant Improvements to be ----------------- performed at the Premises. Tenant shall cause Architect to deliver the Preliminary Plans to Landlord within thirty (30) days after the date on which the Lease has been signed by Landlord and Tenantor before October 25 1996. Within five (5) days after Landlord's receipt of the Preliminary Plans, Landlord shall either approve or disapprove the Preliminary Plans, which approval shall not be unreasonably withheld. Failure of Landlord to approve or disapprove the Preliminary Plans within such five-day period shall constitute grounds for the assertion of a Landlord Delay, and Tenant shall have the right to deliver a Delay Notice to Landlord as early as two (2) business days before expiration of such 5-day period. If Landlord disapproves the Preliminary Plans, then Landlord shall state in reasonable detail the changes which Landlord requires to be made thereto. Tenant shall submit to Landlord revised Preliminary Plans within five (5) days after Tenant's receipt of Landlord's disapproval notice. Following Landlord's receipt of the revised Preliminary Plans from Tenant, Landlord shall have the right to review and approve the revised Preliminary Plans pursuant to this Paragraph 2.2.1. Landlord shall give Tenant written notice of its approval or --------------- disapproval of the revised Preliminary Plans within five (5) days after the date of Landlord's receipt thereof. Failure of Landlord to approve or disapprove the Preliminary Plans within such five-day period shall constitute grounds for the assertion of a Landlord Delay, and Tenant shall have the right to deliver a Delay Notice to Landlord as early as two (2) business days before expiration of such 5-day period. If Landlord reasonably disapproves the revised Preliminary Plans, then the following shall occur: (i) Landlord and Tenant shall continue to follow the procedures set forth in this Paragraph 2.2.1 until Landlord and Tenant reasonably approve the Preliminary --------------- Plans in accordance with this Paragraph 2.2.1, and (ii) the period between the date of Landlord's reasonable disapproval and the eventual mutual approval of such Preliminary Plans shall constitute a Tenant Delay.. ---------------

Preliminary Plans. Tenant shall cause Architect Prior to prepare preliminary plans (the "Preliminary Plans") for the Tenant Improvements to be performed at the Premises. Tenant shall cause Architect to deliver the Preliminary Plans to Landlord within thirty (30) days after the date on which the Lease has been signed by Landlord and Tenant. Within five (5) days after Landlord's receipt commencement of the Preliminary Plansinstallation and construction of the First Amendment Subtenant Improvements, Landlord shall either approve or disapprove the Preliminary Plans, which approval shall not be unreasonably withheld. If Landlord disapproves the Preliminary Plans, then Landlord shall state in reasonable detail the changes which Landlord requires to be made thereto. Tenant Subtenant shall submit to Landlord revised Preliminary Plans within five and Sublandlord for their approval the plans and specification for the First Amendment Subtenant Improvements, as well as a list of all contractors whom Subtenant proposes to retain to perform such work (5) days after Tenant's receipt of Landlord's disapproval noticethe “Space Plan”). Following Landlord's receipt of the revised Preliminary Plans from Tenant, Landlord Subtenant shall have the right to review access the First Amendment Expansion Space prior to the First Amendment Expansion Date solely to prepare the Space Plan, allow subcontractors to bid on the work, and approve obtain all permits necessary to perform the revised Preliminary Plans pursuant First Amendment Subtenant Improvements. All of Subtenant’s contractors, subcontractors, engineers, consultants, architects and any other person or party entering into the First Amendment Expansion Space on behalf of Subtenant prior to this Paragraph 2.2.1. Landlord shall give Tenant written notice of its approval or disapproval of the revised Preliminary Plans within five (5) days after First Amendment Expansion Date for the date of Landlord's receipt thereof. If Landlord reasonably disapproves the revised Preliminary Plans, then the following shall occur: (i) Landlord and Tenant shall continue to follow the procedures purposes set forth in this Paragraph 2.2.1 until Landlord Section must carry employer’s liability and Tenant reasonably approve worker’s compensation insurance covering all of their respective employees, and shall also carry commercial general liability insurance covering personal and bodily injury and property damage. Subtenant shall indemnify, defend, protect and hold Sublandlord harmless (a) from and against any loss, cost, damage or liability (including attorneys’ fees) of any kind or nature arising out of, by reason of, or resulting from, Subtenant’s entry into the Preliminary Plans in accordance with this Paragraph 2.2.1First Amendment Expansion Space prior to the First Amendment Expansion Date, and (iib) in the period between event Landlord objects to Subtenant’s entry into the date First Amendment Expansion Space prior to the First Amendment Expansion Date, any claims made by Landlord against Sublandlord in connection with such entry by Subtenant and Subtenant shall have no further right to such entry until Landlord provides its Consent to the First Amendment. Subtenant shall coordinate such entry with Sublandlord. For the avoidance of Landlord's reasonable disapproval and doubt, Subtenant shall not take possession of or have the eventual mutual approval right to control physical use of such Preliminary Plans shall constitute a Tenant Delaythe First Amendment Expansion Space until the First Amendment Expansion Date, unless otherwise agreed by the parties.

Preliminary Plans. On or before the Submission Date, Tenant shall will cooperate with Landlord and submit all information necessary for preparation of the Preliminary Plans (the "Design Information"). Each day after the Submission Date until Tenant has provided all Desit7n Information will be a day of Tenant's delay. Promptly after receipt of all Design Information, Landlord will cause its Architect to prepare preliminary plans (the "Preliminary Plans") for the Tenant Improvements to be performed at the Premises. Tenant shall cause Architect to deliver the Preliminary Plans to Landlord within thirty (30) based on the submitted Design Information. Within 5 business days after the date on which the Lease has been signed by Landlord and Tenant. Within five (5) days after Landlord's receipt of the proposed Preliminary Plans, Landlord shall Tenant will either approve the same in writing or disapprove notify Landlord in writing, of how the proposed Preliminary Plans are inconsistent with the Design Information and how the Preliminary PlansPlans must be chanced in order to overcome Tenant's objections. Each day following the 5th business day after the proposed Preliminary Plans are submitted to Tenant until Tenant either approves them or delivers such notice of objections will be a day of Tenant's delay. Upon receipt of Tenant's notice of objections, which approval shall not be unreasonably withheld. If Landlord disapproves the Preliminary Plans, then Landlord shall state in reasonable detail the changes which Landlord requires will cause its architect to be made thereto. Tenant shall submit to Landlord prepare revised Preliminary Plans within five (5) days after Tenant's receipt of Landlord's disapproval notice. Following Landlord's receipt of according to such notice and submit the revised Preliminary Plans from to Tenant, Landlord shall have the right . Upon submittal to review and approve the revised Preliminary Plans pursuant to this Paragraph 2.2.1. Landlord shall give Tenant written notice of its approval or disapproval of the revised Preliminary Plans within five (5) days after the date of Landlord's receipt thereof. If Landlord reasonably disapproves the revised Preliminary Plans, then the following shall occur: (i) Landlord and Tenant shall continue to follow upon submittal of any further revisions, the procedures set forth described above will be repeated. If the revised Preliminary Plans or any further revisions, are consistent with the Design Information and all requirements identified in this Paragraph 2.2.1 Tenant's prior notice(s) of objections, then each day following Landlord's receipt of Tenant's notice of any additional objections until the day on which Landlord and Tenant reasonably approve receives Tenant's written approval of the Preliminary Plans in accordance with this Paragraph 2.2.1, and (ii) the period between the date will be a day of LandlordTenant's reasonable disapproval and the eventual mutual approval of such Preliminary Plans shall constitute a Tenant Delaydelay.

Preliminary Plans. Tenant shall cause Architect to prepare preliminary plans (the "Preliminary PlansPRELIMINARY PLANS") for the Tenant Improvements to be performed at the Premises. Tenant shall cause Architect to deliver the Preliminary Plans to Landlord within thirty (30) days after the date on which the Lease has been signed by Landlord and Tenantor before February 28, 1997. Within five (5) days after Landlord's receipt of the Preliminary Plans, Landlord shall either approve or disapprove the Preliminary Plans, which approval shall not be unreasonably withheld. Failure of Landlord to approve or disapprove the Preliminary Plans within such five-day period shall be deemed to constitute Landlord's approval of the Preliminary Plans. If Landlord disapproves the Preliminary Plans, then Landlord shall state in reasonable detail the changes which Landlord requires to be made thereto. Tenant shall submit to Landlord revised Preliminary Plans within five (5) days after Tenant's receipt of Landlord's disapproval notice. Following Landlord's receipt of the revised Preliminary Plans from Tenant, Landlord shall have the right to review and approve the revised Preliminary Plans pursuant to this Paragraph PARAGRAPH 2.2.1. Landlord shall give Tenant written notice of its approval or disapproval of the revised Preliminary Plans within five (5) days after the date of Landlord's receipt thereof. Failure of Landlord to approve or disapprove the Preliminary Plans within such five-day period shall be deemed to constitute Landlord's approval of the revised Preliminary Plans. If Landlord reasonably disapproves the revised Preliminary Plans, then the following shall occur: (i) Landlord and Tenant shall continue to follow the procedures set forth in this Paragraph PARAGRAPH 2.2.1 until Landlord and Tenant reasonably approve the Preliminary Plans in accordance with this Paragraph PARAGRAPH 2.2.1, and (ii) the period between the date of Landlord's reasonable disapproval and the eventual mutual approval of such Preliminary Plans shall constitute a Tenant Delay.

Preliminary Plans. Tenant A floor plan for the Interior Improvements approved by both Lessor and Lessee is attached to this Agreement as SCHEDULE 1 ("Approved Floor Plan"). On or before that date that is five (5) business days after both parties have executed the Lease, Lessee shall cause Architect furnish to prepare Lessor all other information reasonably required by Lessor to complete preliminary plans for the Interior Improvements shown on the Approved Floor Plan. Within ten (10) days after Xxxxxx has delivered all of the required information to Lessor, Lessor shall prepare and deliver to Lessee for its review and approval preliminary plans for the Interior Improvements with conform to the Approved Floor Plan (the "Preliminary Plans") for the Tenant Improvements to be performed at the Premises. Tenant shall cause Architect to deliver the Preliminary Plans to Landlord within thirty (30) days after the date on which the Lease has been signed by Landlord and Tenant). Within five (5) business days after LandlordXxxxxx's receipt delivery of the Preliminary Plans, Landlord Lessee shall either approve such plans or disapprove notify Lessor in writing of its specific objections to the Preliminary Plans. If Lessee so objects, Lessor shall revise the Preliminary Plans to address such objections in a manner consistent with the parameters for the Interior Improvements set forth in this Agreement and the Approved Floor Plan and shall resubmit such revised Preliminary Plans as soon as reasonably practicable to Lessee for its approval. When such revised Preliminary Plans are resubmitted to Lessee, it shall either approve such plans or notify Lessor of any further objections in writing within five (5) business days after receipt thereof. If Xxxxxx has further objections to the revised Preliminary Plans, the parties shall meet and confer to develop Preliminary Plans that are acceptable to both Lessor and Lessee within five (5) business days after Lessee has notified Lessor of its second set of objections. In the event Lessee and Lessor do not resolve all of Xxxxxx's objections within such five (5) business day period, Lessor and Lessee shall immediately cause Xxxxxx's architect to meet and confer with Xxxxxx's architect or construction consultant, who shall apply the standards set forth in this Agreement to resolve Lessee's objections and incorporate such resolution into the Preliminary Plans, which approval process Lessor and Lessee shall not be unreasonably withheld. If Landlord disapproves the Preliminary Plans, then Landlord shall state in reasonable detail the changes which Landlord requires cause to be made thereto. Tenant shall submit to Landlord revised Preliminary Plans completed within five (5) business days after Tenant's receipt of Landlord's disapproval notice. Following Landlord's receipt the conclusion of the revised Preliminary Plans from Tenant, Landlord shall have the right to review and approve the revised Preliminary Plans pursuant to this Paragraph 2.2.1. Landlord shall give Tenant written notice of its approval or disapproval of the revised Preliminary Plans within five (5) days after business day period referred to in the date of Landlord's receipt thereof. If Landlord reasonably disapproves the revised Preliminary Plans, then the following shall occur: (i) Landlord and Tenant shall continue to follow the procedures set forth in this Paragraph 2.2.1 until Landlord and Tenant reasonably approve the Preliminary Plans in accordance with this Paragraph 2.2.1, and (ii) the period between the date of Landlord's reasonable disapproval and the eventual mutual approval of such Preliminary Plans shall constitute a Tenant Delayimmediately preceding sentence.

Preliminary Plans. Landlord shall, at Landlord's expense (as provided below), cause an architect (the "ARCHITECT") to prepare a set of plans and specifications for the applicable Addition, related improvements and whatever site work is to be performed or constructed on the applicable expansion parcel, including grading, paving and drainage plans, utility plans (including electricity, potable water, sanitary and storm water sewerage, and telecommunications, if applicable) and connections of each ("PRELIMINARY PLANS"). The Preliminary Plans shall fully comply with the applicable requirements of all Governmental Authorities and CC&R's. The Preliminary Plans shall be agreed to by both Landlord and Tenant as follows: Landlord shall cause submit the Preliminary Plans to Tenant on or before the 90th day after delivery to Landlord by Tenant of the applicable Expansion Notice. Within 14 business days after the completed Preliminary Plans have been submitted to Tenant, Tenant agrees to deliver to Architect and Landlord the Preliminary Plans together with either (i) Tenant's written approval of such Preliminary Plans or (ii) Tenant's reasonably requested changes to such Preliminary Plans ("REQUESTED CHANGES") in sufficient detail to permit Architect to prepare preliminary plans (the "Preliminary Plans") for the revised drawings. Should Tenant Improvements to be performed at the Premises. Tenant shall cause Architect fail to deliver the Preliminary Plans with Tenant's approval or Requested Changes to Architect and Landlord within said 14-day period, and should such failure continue for seven days after written notice of such failure from Landlord to Tenant, Landlord may construct the applicable Addition, related improvements and site improvements (collectively, the "EXPANSION IMPROVEMENTS") according to such Preliminary Plans (subject to Tenant's rights to modify the Preliminary Plans as described in SECTION 2 of this Expansion Space Improvement Agreement), and upon Substantial Completion (as defined herein) thereof, Tenant shall be obligated to take possession of the Expansion Improvements and the Term of the Lease with respect thereto shall commence. If Tenant has timely delivered Requested Changes to Landlord within thirty (30) and Architect, then no later than seven business days after the date on which the Lease has been signed receipt by Landlord and Tenant. Within five (5) days after Landlord's receipt Architect of the Preliminary PlansRequested Changes from Architect, Landlord shall notify Tenant either approve that Landlord has approved the Requested Changes or disapprove that Landlord has disapproved the Preliminary PlansRequested Changes, in which latter case such notice shall specify Landlord's reasons for disapproval. Landlord's approval of the Requested Changes shall not be unreasonably withheld. If Landlord disapproves the Requested Changes, then the foregoing submission process shall be repeated until the parties agree on the Preliminary Plans, then Landlord shall state in reasonable detail the changes which Landlord requires to be made thereto. Tenant shall submit to Landlord revised The Preliminary Plans within five (5) days after Tenant's receipt of Landlord's disapproval notice. Following Landlord's receipt of as approved by the revised Preliminary Plans from Tenant, Landlord shall have the right to review and approve the revised Preliminary Plans parties pursuant to this Paragraph 2.2.1. Landlord SECTION 1 of this Expansion Space Improvement Agreement shall give Tenant written notice be referred to herein as the "PLANS"; and, upon such approval, the Plans shall be deemed a part of its approval or disapproval of the revised Preliminary Plans within five (5) days after the date of Landlord's receipt thereofthis Expansion Space Improvement Agreement. If Tenant and Landlord reasonably disapproves the revised Preliminary Plansare unable to agree upon final Plans after three submissions by Landlord to Tenant, then upon the following shall occur: request of either party, the parties (i) Landlord and Tenant shall continue all representatives of such parties needed to follow the procedures set forth in this Paragraph 2.2.1 until Landlord and Tenant reasonably approve the Preliminary Plans in accordance with this Paragraph 2.2.1, and (ii) the period between the date of Landlord's reasonable disapproval and the eventual mutual approval on behalf of such Preliminary Plans parties) shall constitute personally attend a Tenant Delaymeeting at which the parties shall use their best efforts to agree upon the Plans.

Preliminary Plans. Tenant shall cause Architect to prepare preliminary plans (the "Preliminary Plans") for the Tenant Improvements Tenant's Work to be performed at the Premises. Tenant shall cause Architect to deliver the Preliminary Plans for Tenant's Work at the 8th Floor Premises to Landlord within thirty (30) days after the date on which the Lease has been signed by Landlord and Tenantor before ______________. Within five (5) 5 days after Landlord's receipt of the Preliminary Plans, Landlord shall either approve or disapprove the Preliminary Plans, which approval shall not be unreasonably withheld. Failure of Landlord to approve or disapprove the Preliminary Plans within such 5-day period shall be deemed to constitute Landlord's approval of the Preliminary Plans. If Landlord disapproves the Preliminary Plans, then Landlord shall state in reasonable detail the changes which Landlord requires to be made thereto. Tenant shall submit to Landlord revised Preliminary Plans within five (5) 5 business days after Tenant's receipt of Landlord's disapproval notice. Following Landlord's receipt of the revised Preliminary Plans from Tenant, Landlord shall have the right to review and approve the revised Preliminary Plans pursuant to this Paragraph 2.2.14.2.1. Landlord shall give Tenant written notice of its approval or disapproval of the revised Preliminary Plans within five (5) 5 days after the date of Landlord's receipt thereof. Failure of Landlord to approve or disapprove the Preliminary Plans within such 5-day period shall be deemed to constitute Landlord's approval of the revised Preliminary Plans. If Landlord reasonably disapproves the revised Preliminary Plans, then the following shall occur: (i) Landlord and Tenant shall continue to follow the procedures set forth in this Paragraph 2.2.1 4.2.1 until Landlord and Tenant reasonably approve the Preliminary Plans in accordance with this Paragraph 2.2.1, and (ii) the period between the date of Landlord's reasonable disapproval and the eventual mutual approval of such Preliminary Plans shall constitute a Tenant Delay4.2.1.

Preliminary Plans. On or before the Submission Date, Tenant shall will cooperate with Landlord and submit all information necessary for preparation of the Preliminary Plans ("Design Information"). Each day after the Submission Date until Tenant has provided all Design Information will be a day of Tenant's delay. Promptly after receipt of all Design Information, Landlord will cause Architect its architect to prepare preliminary plans (the "Preliminary Plans") Plans based on the submitted Design Information and shall submit same to Tenant for the Tenant Improvements to be performed at the Premisesreview. Tenant shall have 5 business days to review the proposed Preliminary Plans and either approve same or deliver to Landlord a notice containing Tenant's objections to same set forth in reasonable detail. Promptly upon receipt of any objection from tenant, Landlord will cause Architect its architect to deliver prepare the Preliminary Plans to Landlord within thirty (30) days after based on the date on which the Lease has been signed by Landlord and Tenant. Within five (5) days after Landlord's receipt of the Preliminary Planssubmitted Design Information, Landlord shall either approve or disapprove the Preliminary Plans, which approval shall not be unreasonably withheld. If Landlord disapproves the Preliminary Plans, then Landlord shall state in reasonable detail the changes which Landlord requires will cause its architect to be made thereto. Tenant shall submit to Landlord prepare revised Preliminary Plans within five (5) days after Tenant's receipt of Landlord's disapproval notice. Following Landlord's receipt of according to such notice and submit the revised Preliminary Plans from to Tenant, Landlord shall have the right . Upon submittal to review and approve the revised Preliminary Plans pursuant to this Paragraph 2.2.1. Landlord shall give Tenant written notice of its approval or disapproval of the revised Preliminary Plans within five (5) days after the date of Landlord's receipt thereof. If Landlord reasonably disapproves the revised Preliminary Plans, then and upon submittal of any further revisions, the following shall occur: (i) procedures described above will be repeated. Tenant represents to Landlord that Tenant will furnish to Landlord and Tenant shall continue to follow the procedures set forth in this Paragraph 2.2.1 until Landlord and Tenant reasonably approve party preparing the Preliminary Plans Construction Documents all information necessary such that (following construction of the Leasehold Improvements in accordance with this Paragraph 2.2.1the Construction Documents and, and (iithus, during the term of the Lease as amended) the period between Leasehold Improvements will be in compliance with the Americans With Disabilities Act of 1990, 42 U.S.C. §§12101-12213 and any state disability or handicapper's acts (collectively "Disability Acts"), as the provisions of such Disability Acts exist on the date upon which the Third Amendment is fully executed by the parties thereto. TENANT SHALL BE RESPONSIBLE FOR AND SHALL INDEMNIFY AND HOLD HARMLESS LANDLORD FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES AND EXPENSES (INCLUDING, WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES AND EXPENSES) INCURRED BY OR ASSERTED AGAINST LANDLORD BY REASON OF OR IN CONNECTION WITH ANY VIOLATION OF THE DISABILITY ACTS (AS THE PROVISIONS OF SUCH DISABILITY ACTS EXIST ON THE DATE UPON WHICH THE THIRD AMENDMENT IS FULLY EXECUTED BY THE PARTIES THERETO) ARISING FROM OR OUT OF (x) information or design and space plans furnished to Landlord by Tenant (or the lack of complete and accurate information so furnished) concerning the Leasehold Improvements, or (y) Tenant's employer-employee obligations. The foregoing indemnity shall not include any claims, liabilities or expenses (including reasonable attorneys' fees and expenses) arising out of the negligence or gross negligence of Landlord or Landlord's reasonable disapproval employees, agents or contractors. Without limiting the foregoing, if Landlord constructs the Leasehold Improvements based on any special requirements or improvements required by Tenant, or upon information furnished by Tenant that later proves to be inaccurate or incomplete resulting in any violation of the Disability Acts, Tenant shall be solely liable to correct such violations and to bring the eventual mutual approval of such Preliminary Plans shall constitute a Tenant Delayimprovements into compliance with the Disability Acts as promptly as is practicable.