Reso 2010-1658 - Laserfiche WebLink

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(ii) Within reasonable time but not later than thirty (30) days after submission by the Tenant of any materials which require approval in accordance with the Review Process, the Landlord, in writing, shall either approve such materials to be unacceptable. If the Landlord does not notify the Tenant in writing within said thirty (30) day period of all specific respects in which the same is unacceptable, such materials shall be treated as having been approved by the Landlord, as will all elements within such submission which are not so specified as unacceptable. In regard to any specific matters which the Landlord disapproves, the Tenant shall, within thirty (30) days (or such additional time as may be requested by the Tenant and reasonably approved by the Landlord) after the Tenant receives written notice of such disapproval, resubmit appropriate material, altered in an effort to remove the basis for such disapproval. All resubmissions and subsequent approvals or disapprovals thereof shall be made and given in accordance with the procedure hereinabove provided for the original submission, until the relevant materials shall be approved or shall be treated as having been approved by the Landlord as set forth above, or until this Agreement has been terminated pursuant to the provisions hereof. (iii) After the Final Plans and Specifications have been approved by the Landlord, the Tenant shall not make or permit to be made any Major Alterations without the prior consent of the Landlord. Tenant may make changes which do not constitute Major Alterations provided that notices of any such changes are promptly given to the Landlord. In connection with the foregoing, the parties contemplate and agree that submission and review of design and financial materials will be a continuing process with the parties working cooperatively, expeditiously, reasonably, and in good faith with respect to the design and implementation of the Project, continually coordinating the same to the extent required or deemed advisable with the City of Sunny Isles Beach. (iv) Either party may notify the other that it deems any action or submission or disapproval unreasonable or in bad faith, and describing the consequences of such action and requesting accelerated review of the submission to ameliorate such consequences. Failure to give written notice within thirty (30) days of any such action shall be deemed acquiescence in the reasonableness thereof. Failure to make written protest of any notice within ten (10) days hereof shall constitute acquiescence to the requested relief. Section 9. Records. The Tenant shall keep complete, accurate, up-to-date and permanent records of all changes made to the Improvements during the Term of this Lease, including changes made to the Final Plans and Specifications during construction of the Improvements and in connection with any alterations and additions constructed pursuant to Section 7 and shall provide copies of such records to the Landlord. Section 10. Design Documents. At all stages of the design process set forth in Section 8 hereof, the Landlord shall have access to all design documents and technical backup information supporting such documents. The Tenant shall disclose to the Landlord the existence of all design contracts and other technical contracts, and all architectural, engineering or other contracts entered into by the Tenant relating to the design of Major Alterations (including without limitations all plans, specifications, renderings, engineering data, soul reports and other technical documents) are hereby collaterally assigned, to the extent assignable, to the Landlord, subject 12 U:\City Attorney\HANS\20 I 0 Documcllts\4m Investors\GROUND LEASE WORKING DRAFT 11.16.1 O.doc