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Upon receiving such notice, Landlord shall have thirty (30) days to cure the deficiencies and resubmit the reports. If the documents are satisfactory, Tenant shall send a written notice to Landlord stating Tenant's approval. In the event such documents are not satisfactory, Tenant shall send a written notice to Landlord stating the deficiencies, in which event Landlord and Tenant shall cooperate in good faith and use commercially reasonable efforts to resolve Landlord's and Tenant's disagreements with such documents. Section 2.3. Rieht to Perform Survey & Studies. Tenant shall have the right to prepare the survey and studies set forth in Section 2.1 after notice to Landlord and a reasonable opportunity to cure, for any of the following reasons: (i) Landlord's failure to meet the above deadlines or (ii) to verify the information contained in the surveyor studies submitted by Landlord. To the extent that Tenant has prepared such report pursuant subsection (i), Tenant shall be entitled to be reimbursed for all its reasonable cost and expense incurred in connection therewith. Section 2.4. Landlord's Continuine Oblieation. Notwithstanding Tenant's review, approval or preparation of any of the deliverables specified in Section 2.1. Landlord shall have a continuing and independent obligation to provide Landlord's Work in a manner that meets or exceeds the specifications set forth in the Final Plans and the requirements of the Lease. ARTICLE III PLANS AND SPECIFICATIONS Section 3.1. Desien Review Application. As a condition precedent to obtaining the building permit for Landlord's Work, Landlord will be required to undertake a design review process with the City for the Center, including the Building. This design review process will require the parties to present an architectural scheme for the development of the Building (and Landlord's Work) that is compatible with the architecture of the Center and the approvals heretofore obtained. To enable Landlord to obtain the design review approval, Tenant shall cause its own architect, [Fehlman LaBarre] ("Tenant's Architect"), to prepare a conceptual package for the Premises (i.e., proposed floor plans, if different from the Floor Plans for the Premises attached hereto as Exhibit D-3), and Landlord shall cause its architect and other design professionals to prepare a conceptual package (including, without limitation, elevations, material board and floor plans) for the Building, in coordination with Tenant's Architect and consistent the materials prepared by Tenant's Architect. Landlord shall cause its architects and design professionals to cooperate in good faith with Tenant's Architect in connection with the review and evaluation of such materials and to coordinate with Tenant's Architect in connection with their respective design review applications and submissions to the City. The application and materials submitted by Landlord to obtain design review approval shall be consistent in all material respects with the Site Plan attached hereto as Exhibit D-1, the architectural renderings for the Center attached hereto as Exhibit D-2 and the proposed Floor Plans for the Premises attached hereto as Exhibit D-3 or as otherwise submitted by Tenant's Architect pursuant to this Section 3.1. Given the significant impact that this design review process may have on Landlord's CHG02:3091375.v8 . -_.....~-