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BK : 1961 PG : 1049 <br /> additional improvements, including, but not limited to, by joining in any applications for such <br /> permits and/or zoning changes. <br /> ARTICLE XII <br /> Consents and Approvals <br /> Section 12 . 01 . Granting or Failure to Grant Approvals or Consents . All consents and <br /> approvals which may be given by a party under this Agreement shall, as a condition of their <br /> effectiveness, be in writing. The granting by a party of any consent to or approval of any act <br /> requiring consent or approval under the terms of this Agreement, or the failure on the part of a <br /> party to object to any such action taken without the required consent or approval, shall not be <br /> deemed a waiver by the party whose consent was required of its right to require such consent or <br /> approval for any other act. <br /> Section 12 . 02 . Standard. Unless this Agreement specifically provides for the granting of <br /> consent or approval at a party' s sole discretion, then consents and approvals which may be given <br /> by a party under this Agreement shall not (whether or not so indicated elsewhere in this <br /> Agreement) be unreasonably withheld or conditioned by such party and shall be given or denied <br /> within the time period provided, and if no such time period has been provided, within a <br /> reasonable time. Upon disapproval of any request for a consent or approval, the disapproving <br /> party shall, together with notice of such disapproval, submit to the requesting party a written <br /> statement setting forth with specificity its reasons for such disapproval . <br /> Section 12 . 03 . Deemed Approval. If A party entitled to grant or deny its consent or <br /> approval (the "Consenting Party") within thirty (30) days (or a shorter specified time period) <br /> fails to do so, then, provided that the request for consent or approval bears the legend set forth <br /> below in capital letters and in a type size which is not less than that provided below, the matter <br /> for which such consent or approval is requested shall be deemed consented to or approved, as the <br /> case may be : <br /> "FAILURE TO RESPOND TO THIS REQUEST WITHIN THE TIME PERIOD <br /> PROVIDED IN THE LEASE AGREEMENT SHALL CONSTITUTE AUTOMATIC <br /> APPROVAL OF THE MATTERS DESCRIBED HEREIN WITH RESPECT TO <br /> SECTION [_ OF THE LEASE AGREEMENT." <br /> Section 12 .04. No Fees, etc. Except as otherwise expressly authorized in this Agreement, <br /> no fees or charges of any kind or amount shall be required by either party hereto as a condition <br /> of the grant of any consent or approval which may be required under this Agreement (provided <br /> that the foregoing shall not be deemed in any way to limit the City' s acting in its governmental, <br /> as distinct from its proprietary, capacity from charging governmental fees on a <br /> nondiscriminatory basis) . <br /> (M84532;3 } Page 16 of 21 <br />