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7.3 SR 03-01-2021
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7.3 SR 03-01-2021
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Plans and shall provide the other party with such additional information as may be requested in <br />order to prepare the Preliminary Expansion Plans in a manner which will be consistent with the <br />intended use by Tenant of the Expansion Improvements. The Preliminary Expansion Plans shall <br />be submitted to Tenant within sixty (60) days following the Tenant's Expansion Notice for <br />Tenant's review and approval. Tenant shall, within fifteen (15) days after receipt thereof, either <br />approve the Preliminary Expansion Plans or disapprove the same, advising Landlord for the <br />reason for such disapproval (and setting forth the aspects of the Preliminary Expansion Plans <br />which are not acceptable to Tenant). In the event Tenant disapproves such Preliminary <br />Expansion Plans, Landlord shall modify the same, taking into account the reasons given by <br />Tenant for such disapproval, and shall submit the revised Preliminary Expansion Plans to Tenant <br />within ten (10) days after receipt of Tenant's initial disapproval. In the event Tenant disapproves <br />of the revised Preliminary Expansion Plans, Tenant may proceed pursuant to the terms of Section <br />26.4. <br />(b) If Tenant approves the revised Preliminary Expansion Plans by written notice <br />thereof to Landlord, Landlord will, based on the approved Preliminary Expansion Plans, cause to <br />be prepared and delivered to Tenant within sixty (60) days, at Landlord's sole cost and expense, <br />proposed architectural and engineering plans and specifications for the Expansion Improvements <br />(collectively, the "Proposed Expansion Plans"). Tenant and Landlord will, in good faith, <br />cooperate with each other in the preparation of the Proposed Expansion Plans and shall provide <br />the other party with such additional information as may be requested in order to prepare the <br />Proposed Expansion Plans in a manner which will be consistent with the intended use by Tenant <br />of the Expansion Improvements. Tenant shall, within ten (10) days after receipt thereof, either <br />approve the Proposed Expansion Plans by written notice thereof to Landlord or disapprove the <br />same, advising Landlord of the reasons for any such disapproval (and setting forth the aspects of <br />the Proposed Expansion Plans which are not acceptable to Tenant). In the event Tenant <br />disapproves such Proposed Expansion Plans, Landlord shall modify the same, taking into <br />account the reasons given by Tenant for such disapproval, and shall submit the revised Proposed <br />Expansion Plans to Tenant within ten (10) days after receipt of Tenant's initial disapproval. In <br />the event Tenant disapproves of the revised Proposed Expansion Plans, Tenant may proceed <br />pursuant to the terms of Section 26.4. <br />(c) If Tenant approves the Proposed Expansion Plans by written notice thereof to <br />Landlord, the Proposed Expansion Plans, as so approved by Tenant, shall become the "Final <br />Expansion Plans". With Final Expansion Plans, Landlord shall thereafter (i) cause the <br />Expansion Improvements as set forth on the Final Expansion Plans to be competitively bid to at <br />least three (3) licensed and bonded general contractors (the "Competitive Bids"), and (ii) use <br />commercially reasonable efforts to obtain (or cause the general contractor to obtain) approval of <br />the Final Expansion Plans by all governmental authorities having jurisdiction, including any <br />required permits. Promptly following Landlord's receipt of such Competitive Bids, Landlord <br />shall provide copies of the same to Tenant for Tenant's review and approval. In the event Tenant <br />does not approve of the Competitive Bids, Tenant may proceed pursuant to the terms of Section <br />26A. <br />(d) If Tenant approves of the Competitive Bids by written notice thereof to Landlord, <br />Landlord and Tenant shall proceed to calculate and determine Monthly Rent for the Expansion <br />Area by using a mutually agreed upon formula based on the then -applicable Monthly Rent under <br />42 <br />
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