Common use of Excess Costs Clause in Contracts

Excess Costs. If the Permitted Costs exceeds the Finish Allowance, then Tenant shall pay all such excess costs (“Excess Costs”), provided, however, Landlord will, prior to the commencement of construction of Tenant’s Improvements, advise Tenant of the sum of the Contract Sum and the Construction Management Fee (the “Cost Estimate”). Tenant shall have five (5) business days from and after the receipt of such advice within which to approve or disapprove the Contract Sum and Cost Estimate. If Tenant fails to approve same by the expiration of the fifth such business day, then Tenant shall be deemed to have approved the Proposed Contract Sum and Cost Estimate. If Tenant disapproves the Contract Sum and Cost Estimate within such five (5) business day period, then Tenant shall either reduce the scope of Tenant’s Improvements such that the Contract Sum and Construction Management Fee do not exceed the Finish Allowance or, at Tenant’s option, Landlord shall obtain two (2) additional bids, provided that each day beyond such five (5) business day period and until the rebid is accepted by Tenant shall constitute a Tenant Delay hereunder. The foregoing process shall continue until a Contract Sum and Cost Estimate are accepted or deemed accepted by Tenant. Landlord and Tenant must approve (or be deemed to have approved) the Contract Sum for the construction of Tenant’s Improvements in writing prior to the commencement of construction.

Excess Costs. If the sum of the Permitted Costs exceeds the Finish Allowance, then Tenant shall pay all such excess costs (“Excess Costs”), provided, however, Landlord will, prior to the commencement of construction of Tenant’s Improvements, advise Tenant of the sum of Excess Costs, if any, and the Contract Sum and the Construction Management Fee (the “Cost Estimate”)Sum. Tenant shall have five two (52) business days from and after the receipt of such advice within which to approve or disapprove the Contract Sum and Cost EstimateExcess Costs. If Tenant fails to approve same by the expiration of the fifth fourth such business day, then Tenant shall be deemed to have approved the Proposed proposed Contract Sum and Cost EstimateExcess Costs. If Tenant disapproves the Contract Sum and Cost Estimate Excess Costs within such five two (52) business day period, then Tenant shall either reduce the scope of Tenant’s Improvements such that the Contract Sum and Construction Management Fee do not exceed the Finish Allowance there shall be no Excess Costs or, at Tenant’s option, Landlord shall obtain two (2) additional bids, provided that each day beyond such five a four (54) business day period and until the rebid is accepted by Tenant shall constitute a Tenant Delay hereunder. The Subject to the last sentence of this subsection, the foregoing process shall continue until a Contract Sum and Cost Estimate resulting Excess Costs, if any, are accepted or deemed accepted by Tenant. Landlord and Tenant must approve (or be deemed to have approved) the Contract Sum for the construction of Tenant’s Improvements in writing prior to the commencement of construction.

Excess Costs. If the sum of the Permitted Costs exceeds the Finish Allowance, then Tenant shall pay all such excess costs (“Excess Costs”), provided, however, Landlord will, prior to the commencement of construction of Tenant’s Improvements, advise Tenant of the sum of Excess Costs, if [****] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. any, and the Contract Sum and the Construction Management Fee (the “Cost Estimate”)Sum. Tenant shall have five two (52) business days from and after the receipt of such advice within which to approve or disapprove the Contract Sum and Cost EstimateExcess Costs. If Tenant fails to approve same by the expiration of the fifth fourth such business day, then Tenant shall be deemed to have approved the Proposed proposed Contract Sum and Cost EstimateExcess Costs. If Tenant disapproves the Contract Sum and Cost Estimate Excess Costs within such five two (52) business day period, then Tenant shall either reduce the scope of Tenant’s Improvements such that the Contract Sum and Construction Management Fee do not exceed the Finish Allowance there shall be no Excess Costs or, at Tenant’s option, Landlord shall obtain two (2) additional bids, provided that each day beyond such five a four (54) business day period and until the rebid is accepted by Tenant shall constitute a Tenant Delay hereunder. The Subject to the last sentence of this subsection, the foregoing process shall continue until a Contract Sum and Cost Estimate resulting Excess Costs, if any, are accepted or deemed accepted by Tenant. Landlord and Tenant must approve (or be deemed to have approved) the Contract Sum for the construction of Tenant’s Improvements in writing prior to the commencement of construction.

Excess Costs. If the sum of the Permitted Costs exceeds the Finish Expansion Allowance, then Tenant shall pay all such excess costs (the “Excess Costs”), provided, however, Landlord will, prior to the commencement of construction of Tenant’s the Expansion Improvements, advise Tenant of the sum of Excess Costs, if any, and the Contract Sum and the Construction Management Fee (the “Cost Estimate”)Sum. Tenant shall have five three (53) business days from and after the receipt of such advice within which to approve or disapprove the Contract Sum and Cost Estimatethe Excess Costs. If Tenant fails to approve same by the expiration of the fifth third (3rd) such business day, then Tenant shall be deemed to have approved the Proposed proposed Contract Sum and Cost EstimateExcess Costs. If Tenant disapproves the Contract Sum and Cost Estimate Excess Costs within such five three (53) business day period, then Tenant shall either reduce the scope of Tenant’s the Expansion Improvements such that there shall be no Excess Costs. Subject to the Contract Sum and Construction Management Fee do not exceed last sentence of this subsection, the Finish Allowance or, at Tenant’s option, Landlord shall obtain two (2) additional bids, provided that each day beyond such five (5) business day period and until the rebid is accepted by Tenant shall constitute a Tenant Delay hereunder. The foregoing process shall continue until a Contract Sum and Cost Estimate resulting Excess Costs, if any, are accepted or deemed accepted by Tenant. Landlord and Tenant must approve (or be deemed to have approved) the Contract Sum for the construction of Tenant’s the Expansion Improvements in writing prior to the commencement of construction.

Excess Costs. If the sum of the Permitted Costs exceeds the Finish Allowance, then Tenant shall pay all such excess costs (“"Excess Costs”"), provided, however, Landlord will, prior to the commencement of construction of Tenant’s 's Improvements, advise Tenant of the sum of Excess Costs, if any, and the Contract Sum and the Construction Management Fee (the “Cost Estimate”)Sum. Tenant shall have five two (52) business days from and after the receipt of such advice within which to approve or disapprove the Contract Sum and Cost EstimateExcess Costs. If Tenant fails to approve same by the expiration of the fifth second such business day, then Tenant shall be deemed to have approved the Proposed Contract Sum and Cost EstimateExcess Costs. If Tenant disapproves the Contract Sum and Cost Estimate Excess Costs within such five two (52) business day period, then Tenant shall either reduce the scope of Tenant’s 's Improvements such that the Contract Sum and Construction Management Fee do not exceed the Finish Allowance there shall be no Excess Costs or, at Tenant’s 's option, Landlord shall obtain two (2) additional bids, provided that each day beyond such five if Tenant requests Landlord to obtain two (52) additional bids and Tenant fails to approve the Excess Costs within three (3) business day period and until days after Landlord's notification of the rebid is accepted by Excess Costs taking such additional bids into consideration, Tenant shall constitute a Tenant Delay hereunder. The foregoing process shall continue until a be deemed to have approved the Contract Sum and Cost Estimate are accepted or deemed accepted Excess Costs as determined by Tenantreference to the lowest submitted bid. Landlord and Tenant must approve (or be deemed to have approved) the Contract Sum for the construction of Tenant’s 's Improvements in writing prior to the commencement of construction.

Excess Costs. If the sum of the Permitted Costs exceeds the Additional Finish Allowance and Unexpended Finish Allowance, then Tenant shall pay all such excess costs (“"Excess Costs”"), provided, however, Landlord will, prior to the commencement of construction of Tenant’s 's Improvements, advise Tenant of the sum of Excess Costs, if any, and the Contract Sum and the Construction Management Fee (the “Cost Estimate”)Sum. Tenant shall have five two (52) business days from and after the receipt of such advice within which to approve or disapprove the Contract Sum and Cost EstimateExcess Costs. If Tenant fails to approve same by the expiration of the fifth second such business day, then Tenant shall be deemed to have approved the Proposed proposed Contract Sum and Cost EstimateExcess Costs. If Tenant disapproves the Contract Sum and Cost Estimate Excess Costs within such five two (52) business day period, then Tenant shall either reduce the scope of Tenant’s 's Improvements such that the Contract Sum and Construction Management Fee do not exceed the Finish Allowance there shall be no Excess Costs or, at Tenant’s 's option, Landlord shall obtain two (2) additional bids, provided that each day beyond such five two (52) business day period and until the rebid is accepted by Tenant shall constitute a Tenant Delay hereunder. The Subject to the last sentence of this subsection, the foregoing process shall continue until a Contract Sum and Cost Estimate resulting Excess Costs, if any, are accepted or deemed accepted by Tenant. Landlord and Tenant must approve (or be deemed to have approved) the Contract Sum for the construction of Tenant’s 's Improvements in writing prior to the commencement of construction. If Tenant fails to accept a Contract Sum by June 12, 1995, then each day after June 12, 1995 that such Contract Sum is not accepted by Tenant shall constitute one (1) day of Tenant Delay.

Excess Costs. If the sum of the Permitted Costs exceeds the Finish Allowance, then Tenant shall pay all such excess costs (“"Excess Costs”"), provided, however, Landlord will, prior to the commencement of construction of Tenant’s 's Improvements, advise Tenant of the sum of Excess Costs, if any, and the Contract Sum and the Construction Management Fee (the “Cost Estimate”)Sum. Tenant shall have five two (52) business days from and after the receipt of such advice within which to approve or disapprove the Contract Sum and Cost EstimateExcess Costs. If Tenant fails to approve same by the expiration of the fifth second such business day, then Tenant shall be deemed to have approved the Proposed Contract Sum and Cost EstimateExcess Costs. If Tenant disapproves the Contract Sum and Cost Estimate Excess Costs within such five two (52) business day period, then Tenant shall either reduce the scope of Tenant’s 's Improvements such that the Contract Sum and Construction Management Fee do not exceed the Finish Allowance there shall be no Excess Costs or, at Tenant’s 's option, Landlord shall obtain two (2) additional bids, provided that each day beyond such five two (52) business day period and until the rebid is accepted by Tenant shall constitute a Tenant Delay hereunder. The Subject to the last sentence of this subsection, the foregoing process shall continue until a Contract Sum and Cost Estimate resulting Excess Costs if any, are accepted or deemed accepted by Tenant. Landlord and Tenant must approve (or be deemed to have approved) approved the Contract Sum for the construction of Tenant’s 's Improvements in writing prior to the commencement of construction. If Tenant fails to accept a Contract Sum by November 25, 1996, Landlord shall have the right to terminate this Lease.

Excess Costs. If the sum of the Permitted Costs exceeds the Finish Allowance, then Tenant shall pay all such excess costs (“Excess Costs”), provided, however, Landlord will, prior to the commencement of construction of Tenant’s Improvements, advise Tenant of the sum of Excess Costs, if any, and the Contract Sum and the Construction Management Fee (the “Cost Estimate”)Sum. Tenant shall have five two (52) business days from and after the receipt of such advice within which to approve or disapprove the Contract Sum and Cost EstimateExcess Costs. If Tenant fails to approve same by the expiration of the fifth second such business day, then Tenant shall be deemed to have approved the Proposed proposed Contract Sum and Cost EstimateExcess Costs. If Tenant disapproves the Contract Sum and Cost Estimate Excess Costs within such five two (52) business day period, then Tenant shall either reduce the scope of Tenant’s Improvements such that the Contract Sum and Construction Management Fee do not exceed the Finish Allowance there shall be no Excess Costs or, at Tenant’s option, Landlord shall obtain two (2) additional bids, provided that each day beyond such five two (52) business day period and until the rebid is accepted by Tenant shall constitute a Tenant Delay hereunder. The Subject to the last sentence of this subsection, the foregoing process shall continue until a Contract Sum and Cost Estimate resulting Excess Costs, if any, are accepted or deemed accepted by Tenant. Landlord and Tenant must approve (or be deemed to have approved) the Contract Sum for the construction of Tenant’s Improvements in writing prior to the commencement of construction. If Tenant fails to accept a Contract Sum by May 30, 2006, Landlord shall have the right to terminate this Lease.

Excess Costs. If the sum of the Permitted Costs exceeds the Finish Allowance, then Tenant shall pay all such excess costs (“"Excess Costs”"), provided, however, Landlord will, prior to the commencement of construction of Tenant’s 's Improvements, advise Tenant of the sum of the Contract Sum and the Construction Management Fee (the “Cost Estimate”)Excess Costs, if any. Tenant shall have five three (53) business days from and after the receipt of such advice within which to approve or disapprove the Contract Sum and Cost EstimateExcess Costs. If Tenant fails to approve disapprove same by the expiration of the fifth third such business day, then Tenant shall be deemed to have approved the Proposed Contract Sum and Cost EstimateExcess Costs. If Tenant disapproves the Contract Sum and Cost Estimate Excess Costs within such five three (53) business day period, then Tenant shall either reduce the scope of Tenant’s 's Improvements such that the Contract Sum and Construction Management Fee do not exceed the Finish Allowance there shall be no Excess Costs or, at Tenant’s 's option, Landlord shall obtain two (2) additional bids, provided that each day beyond such five three (53) business day period and until the rebid is accepted by Tenant shall constitute a Tenant Delay hereunder. The foregoing process shall continue until a Contract Sum and Cost Estimate the Excess Costs, if any, are accepted approved or deemed accepted approved by Tenant. Landlord and Tenant must approve (or be deemed will diligently pursue the bidding process and attempt to have approved) the Contract Sum for the construction of Tenant’s Improvements in writing prior to the commencement of constructionobtain a final approved bid no later than October ___, 1999.

Excess Costs. If the sum of the Permitted Costs exceeds the Finish Allowance, then Tenant shall pay all such excess costs (“"Excess Costs”"), provided, however, Landlord will, prior to the commencement of construction of Tenant’s 's Improvements, advise Tenant of the sum of projected Excess Costs, and the Contract Sum and the Construction Management Fee (the “Cost Estimate”)Sum. Tenant shall have five two (52) business days from and after the receipt of such advice within which to approve or disapprove the Contract Sum and Cost EstimateExcess Costs. If Tenant fails to approve same by the expiration of the fifth second such business day, then Tenant shall be deemed to have approved the Proposed proposed Contract Sum and Cost EstimateExcess Costs. If Tenant disapproves the Contract Sum and Cost Estimate Excess Costs within such five two (52) business day period, then Tenant shall either reduce the scope of Tenant’s 's Improvements such that the Contract Sum and Construction Management Fee do not exceed the Finish Allowance there shall be no Excess Costs or, at Tenant’s 's option, Landlord shall obtain two (2) additional bids, provided that each day beyond such five two (52) business day period and until the rebid is accepted by Tenant shall constitute a Tenant Delay hereunder. The Subject to the last sentence of this subsection, the foregoing process shall continue until a Contract Sum and Cost Estimate resulting Excess Costs if any, are accepted or deemed accepted by Tenant. Landlord and Tenant must approve (or be deemed to have approved) the Contract Sum for the construction of Tenant’s 's Improvements in writing prior to the commencement of construction. If Tenant fails to accept a Contract Sum by October 31, 2000, Landlord shall have the right to terminate this Lease.

Excess Costs. If the sum of the Permitted Costs exceeds the Finish Allowance, then Tenant shall pay all such excess costs (“Excess Costs”)) as set forth in the immediately following Section c, provided, however, Landlord will, prior to the commencement of construction of Tenant’s Improvements, advise Tenant of the sum of Excess Costs, if any, and the Contract Sum and the Construction Management Fee (the “Cost Estimate”)Sum. Tenant shall have five three (53) business days Business Days from and after the receipt of such advice within which to approve or disapprove the Contract Sum and Cost EstimateExcess Costs. If Tenant fails to approve same by the expiration of the fifth third such business dayBusiness Day, then Tenant shall be deemed to have approved the Proposed proposed Contract Sum and Cost EstimateExcess Costs. If Tenant disapproves the Contract Sum and Cost Estimate Excess Costs within such five three (53) business day Business Day period, then Tenant shall either reduce the scope of Tenant’s Improvements such that there shall be no Excess Costs. Subject to the Contract Sum and Construction Management Fee do not exceed last sentence of this subsection, the Finish Allowance or, at Tenant’s option, Landlord shall obtain two (2) additional bids, provided that each day beyond such five (5) business day period and until the rebid is accepted by Tenant shall constitute a Tenant Delay hereunder. The foregoing process shall continue until a Contract Sum and Cost Estimate resulting Excess Costs, if any, are accepted or deemed accepted by Tenant. Landlord and Tenant must approve (or be deemed to have approved) the Contract Sum for the construction of Tenant’s Improvements in writing prior to the commencement of construction.

Excess Costs. If the sum of the Permitted Costs exceeds the Finish Allowance, then Tenant shall pay all such excess costs (“"Excess Costs”"), provided, however, Landlord will, prior to the commencement of construction of Tenant’s 's Improvements, advise Tenant of the sum of Excess Costs, if any, and the Contract Sum and the Construction Management Fee (the “Cost Estimate”)Sum. Tenant shall have five two (52) business days from and after the receipt of such advice within which to approve or disapprove the Contract Sum and Cost EstimateExcess Costs. If Tenant fails to approve same by the expiration of the fifth second such business day, then Tenant shall be deemed to have approved the Proposed Contract Sum and Cost EstimateExcess Costs. If Tenant disapproves the Contract Sum and Cost Estimate Excess Costs within such five two (52) business day period, then Tenant shall either reduce the scope of Tenant’s 's Improvements such that the Contract Sum and Construction Management Fee do not exceed the Finish Allowance there shall be no Excess Costs or, at Tenant’s 's option, Landlord shall obtain two (2) additional bids, provided that each day beyond such five two (52) business day period and until the rebid is accepted by Tenant shall constitute a Tenant Delay hereunder. The Subject to the last sentence of this subsection, the foregoing process shall continue until a Contract Sum and Cost Estimate resulting Excess Costs, if any, are accepted or deemed accepted by Tenant. Landlord and Tenant must approve (or be deemed to have approved) approved the Contract Sum for the construction of Tenant’s 's Improvements in writing prior to the commencement of construction. If Tenant fails to accept a Contract Sum by November 25, 1996, Landlord shall have the right to terminate this Lease.

Excess Costs. If the sum of the Permitted Costs exceeds the Finish Allowance, then Tenant shall pay all such excess costs (“Excess Costs”), provided, however, Landlord will, prior to the commencement of construction of Tenant’s Improvements, advise Tenant of the sum of Excess Costs, if any, and the Contract Sum and the Construction Management Fee (the “Cost Estimate”)Sum. Tenant shall have five (5) business days from and after the receipt of such advice within which to approve or disapprove the Contract Sum and Cost EstimateExcess Costs. If Tenant fails to approve same by the expiration of the fifth such business day, then Tenant shall be deemed to have approved the Proposed Contract Sum and Cost EstimateExcess Costs. If Tenant disapproves the Contract Sum and Cost Estimate Excess Costs within such five (5) business day period, then Tenant shall either reduce the scope of Tenant’s Improvements such that the Contract Sum and Construction Management Fee do not exceed the Finish Allowance there shall be no Excess Costs or, at Tenant’s option, Landlord shall obtain two (2) additional bids, provided that each day beyond such five (5) business day period and until the rebid is accepted by Tenant shall constitute a Tenant Delay hereunder. The Subject to the last sentence of this subsection, the foregoing process shall continue until a Contract Sum and Cost Estimate resulting Excess Costs, if any, are accepted or deemed accepted by Tenant. Landlord and Tenant must approve (or be deemed to have approved) the Contract Sum for the construction of Tenant’s Improvements in writing prior to the commencement of construction. If Tenant fails to accept a Contract Sum by the date which is sixty (60) days after Landlord’s initial notice to Tenant of the Excess Costs, Landlord shall have the right to terminate this Lease; provided, however, that in the event of Landlord’s election to so terminate the Lease, Tenant may void such termination by approving, in writing, within three (3) business days after receipt of the termination notice, one of the proposed Contract Sums and Excess Costs previously submitted to Tenant.

Excess Costs. If the sum of the Permitted Costs exceeds the Finish Allowance, then Tenant shall pay all such excess costs (“"Excess Costs”"), provided, however, Landlord will, prior to the commencement of construction of Tenant’s 's Improvements, advise Tenant of the sum of Excess Costs, if any, and the Contract Sum and the Construction Management Fee (the “Cost Estimate”)Sum. Tenant shall have five (5) business days from and after the receipt of such advice within which to approve or disapprove the Contract Sum and Cost EstimateExcess Costs. If Tenant fails to approve same by the expiration of the fifth second such business day, then Tenant shall be deemed to have approved the Proposed Contract Sum and Cost EstimateExcess Costs. If Tenant disapproves the Contract Sum and Cost Estimate Excess Costs within such five (5) business day period, then Tenant shall either reduce the scope of Tenant’s 's Improvements such that the Contract Sum and Construction Management Fee do not exceed the Finish Allowance there shall be no Excess Costs or, at Tenant’s 's option, Landlord shall obtain two (2) additional bids, provided that each day beyond such five (5) business day period and until the rebid is accepted by Tenant shall constitute a Tenant Delay hereunder. The Subject to the last sentence of this subsection, the foregoing process shall continue until a Contract Sum and Cost Estimate resulting Excess Costs, if any, are accepted or deemed accepted by Tenant. Landlord and Tenant must approve (or be deemed to have approved) the Contract Sum for the construction of Tenant’s 's Improvements in writing prior to the commencement of construction. If Tenant fails to accept a Contract Sum by December 15, 1998, Tenant will be in Tenant delays. If Landlord does not complete the premises within sixty (60) days after the later to occur of (i) the date Tenant approves the contract sum and (ii) the date a building permit for the construction of the Tenant's Improvement is issued. Landlord shall incur a $ 1,000.00 per day penalty for each day delay.

Excess Costs. If the sum of the Permitted Costs exceeds the Expansion Space Finish Allowance, then Tenant shall pay all such excess costs (“"Excess Costs”"), provided, however, Landlord will, prior to the commencement of construction of Tenant’s 's Improvements, advise Tenant of the sum of Excess Costs, if any, and the Contract Sum and the Construction Management Fee (the “Cost Estimate”)Sum. Tenant shall have five two (52) business days from and after the receipt of such advice within which to approve or disapprove the Contract Sum and Cost EstimateExcess Costs. If Tenant fails to approve same by the expiration of the fifth second such business day, then Tenant shall be deemed to have approved the Proposed proposed Contract Sum and Cost EstimateExcess Costs. If Tenant disapproves the Contract Sum and Cost Estimate Excess Costs within such five two (52) business day period, then Tenant shall either reduce the scope of Tenant’s 's Improvements such that the Contract Sum and Construction Management Fee do not exceed the Finish Allowance or, at Tenant’s option, Landlord there shall obtain two (2) additional bids, provided that each day beyond such five (5) business day period and until the rebid is accepted by Tenant shall constitute a Tenant Delay hereunder. The foregoing process shall continue until a Contract Sum and Cost Estimate are accepted or deemed accepted by Tenantbe no Excess Costs. Landlord and Tenant must approve (or be deemed to have approved) the Contract Sum for the construction of Tenant’s 's Improvements in writing prior to the commencement of construction. If Tenant fails to accept a Contract Sum within ten (10) business days after Landlord advises Tenant of the Excess Costs, if any, then Landlord shall be entitled to terminate Landlord's obligations under this Work Letter by delivering written notice of such termination to Tenant.

Excess Costs. If the sum of the Permitted Costs exceeds the Finish Allowance, then Tenant shall pay all such excess costs (“Excess Costs”), provided, however, Landlord will, prior to the commencement of construction of Tenant’s Improvements, advise Tenant of the sum of Excess Costs, if any, and the Contract Sum and the Construction Management Fee (the “Cost Estimate”)Sum. Tenant shall have five (5) business days from and after the receipt of such advice within which to approve or disapprove the Contract Sum and Cost EstimateExcess Costs. If Tenant fails to approve same by the expiration of the fifth such business day, then Tenant shall be deemed to have approved the Proposed Contract Sum and Cost EstimateExcess Costs. If Tenant disapproves the Contract Sum and Cost Estimate Excess Costs within such five (5) business day period, then Tenant shall either reduce the scope of Tenant’s Improvements such that the Contract Sum and Construction Management Fee do not exceed the Finish Allowance there shall be no Excess Costs or, at Tenant’s option, Landlord shall obtain two (2) additional bids, provided that each day beyond such five (5) business day period and until the rebid is accepted by Tenant shall constitute a Tenant Delay hereunder. The foregoing process shall continue until a Contract Sum and Cost Estimate resulting Excess Costs, if any, are accepted or deemed accepted by Tenant. Landlord and Tenant must approve (or be deemed to have approved) the Contract Sum for the construction of Tenant’s Improvements in writing prior to the commencement of construction.