Change Requests. Any change to the scope of Landlord’s Work requested by Tenant shall be subject to Landlord’s prior approval, which approval shall not be unreasonably withheld. Tenant shall not instruct or direct Contractor, workmen, subcontractors, material suppliers, or others performing Landlord’s Work. Tenant shall direct all inquiries and requests relating to the construction work to Landlord or Landlord’s designated agent. Tenant shall be responsible for any added costs or delays resulting from Tenant’s actions which are contrary to this Section 5. As soon as reasonably possible after receipt of a written change request from Tenant, Landlord shall notify Tenant of Landlord’s approval or disapproval of the request; and, if the request is approved, of an estimated increase or decrease in costs and an estimate of the effect the change shall have on the projected date for substantial completion of Landlord’s Work. If Tenant’s change request results in an increase in cost and Tenant approves such estimated cost, Tenant shall pay such estimated cost to Landlord within five (5) days of Tenant’s approval of the estimated cost. Landlord shall not be obligated to continue performing Landlord’s Work, as modified by the change request unless such payment has been timely made. Landlord shall have the authority, without the consent of Tenant, to order minor changes in Landlord’s Work not involving an increase in cost to Tenant and not inconsistent with the intent of the approved floor plan attached hereto as Exhibit C-1.
Appears in 1 contract
Sources: Lease (BigBand Networks, Inc.)
Change Requests. Any change No changes or revisions to the scope of Landlord’s Work requested approved final drawings --------------- shall be made by either Landlord or Tenant unless approved in writing by both parties. Upon Tenant's request and submission by Tenant shall be subject (at Tenant's sole cost and expense) of the necessary information and/or plans and specifications for any changes or revisions to Landlord’s prior approvalthe approved final drawings and/or for any work other than the Work described in the approved final drawings ("Change Requests") and the approval by Landlord of such Change Request(s), which approval Landlord agrees shall not be unreasonably withheld, Landlord shall perform the additional work associated with the approved Change Request(s), at Tenant's sole cost and expense, subject, however, to the following provisions of this Section 11. Prior to commencing any additional work related to the approved Change Request(s), Landlord shall submit to Tenant a written statement of the cost of such additional work and a proposed tenant change order therefor ("Change Order") in the standard form then in use by Landlord. Tenant shall not instruct or direct Contractorexecute and deliver to Landlord such Change Order and shall pay the entire cost of such additional work in the following described manner. Any costs related to such approved Change Request(s), workmenChange Order and any delays associated therewith, subcontractors, material suppliers, or others performing Landlord’s Work. Tenant shall direct all inquiries and requests relating be added to the construction work Tenant Improvement Costs and shall be paid for by Tenant as and with any Excess Tenant Improvement Costs as set forth in Section 10 above. The billing for such additional costs to Landlord or Landlord’s designated agent. Tenant shall be responsible for any added costs or delays resulting from Tenant’s actions which are contrary to this Section 5. As soon as reasonably possible after receipt of a written change request from Tenant, Landlord shall notify Tenant of Landlord’s approval or disapproval accompanied by evidence of the request; andamounts billed as is customarily used in the business. Costs related to approved Change Requests and Change Orders shall include, if without limitation, any architectural or design fees, Landlord's construction fee for overhead and profit, the request is approvedcost of all on-site supervisory and administrative staff, of an estimated increase or decrease in costs office, equipment and an estimate of temporary services rendered by Landlord and/or Landlord's consultants, and the effect General Contractor's price for effecting the change shall have on the projected date for substantial completion of Landlord’s Workchange. If Tenant’s change request results in an increase in cost and Tenant approves fails to execute or deliver such estimated costChange Order, Tenant shall or to pay such estimated cost to Landlord within five (5) days of Tenant’s approval of the estimated cost. costs related thereto, then Landlord shall not be obligated to continue performing Landlord’s do any additional work related to such approved Change Request(s) and/or Change Orders, and Landlord may proceed to perform only the Work, as modified by specified in the change request unless such payment has been timely made. Landlord shall have the authority, without the consent of Tenant, to order minor changes in Landlord’s Work not involving an increase in cost to Tenant and not inconsistent with the intent of the approved floor plan attached hereto as Exhibit C-1final drawings.
Appears in 1 contract
Sources: Lease Agreement (Onsale Inc)
Change Requests. Any change A. Tenant shall be entitled to make one (1) selection of building standard paint and one (1) selection of building standard carpet. No material changes to the scope of Landlord’s Work Approved Plan requested by Tenant shall be subject to made without Landlord’s prior approval, which approval shall not be unreasonably withheld; provided, however, that no change request shall affect the structure of the Building. Any changes to the Approved Plan shall be in writing and shall be signed by both Landlord and Tenant prior to the change being made. Tenant shall not instruct or direct ContractorLandlord’s contractor, workmen, subcontractors, material suppliers, or others performing Landlord’s Workthe construction of the Tenant Improvements. Tenant shall direct all inquiries and requests relating to the construction work to Landlord or Landlord’s designated agent. Tenant shall be responsible for any added costs or delays resulting from Tenant’s actions actions, which are contrary to this Section 5Paragraph 3.
B. Tenant shall pay Landlord in cash, within thirty (30) days after receipt of an itemized written ▇▇▇▇ from Landlord, any additional costs for changes requested by Tenant and approved in advance by Tenant, including, without limitation, architectural fees and increases in construction costs caused by the delay. A change request shall constitute an agreement by Tenant to any reasonable delay in substantial completion caused by reviewing, processing and implementing the change. The Second Expansion Premises Commencement Date, at Landlord’s option, shall commence on the date it would have otherwise commenced but for any such delays.
C. Change requests shall be treated as set forth in this paragraph C. Tenant shall request any material change to the Approved Plans in writing. As soon as reasonably possible after receipt of a written change request from Tenant, Landlord shall notify Tenant of (i) any additional cost associated with such proposed change, (ii) any estimated delay associated with such change, and (iii) Landlord’s approval or disapproval of the request; and, if the request is approved, of an estimated increase or decrease in costs and an estimate of the effect the change shall have on the projected date for substantial completion of Landlord’s Work. If Tenant’s change request results in an increase in Tenant agrees to the additional cost and Tenant approves such any estimated costdelay, Tenant (x) shall pay be responsible for paying any such estimated additional cost to Landlord within five as set forth in paragraph B above, and (5y) days the date of Tenant’s approval of the estimated cost. Landlord Substantial Completion shall not be obligated to continue performing Landlord’s Work, as modified moved forward by the change request unless such payment has been timely made. number of day of delay caused by the proposed change.
D. Landlord shall have the authority, without the consent of Tenant, to order minor changes in Landlord’s Work the Tenant Improvements not involving an increase in cost to Tenant or a delay in the Second Expansion Premises Commencement Date and not inconsistent with the intent of the approved floor plan attached hereto as Exhibit C-1Approved Plan.
Appears in 1 contract
Sources: Office Lease (Mobitv Inc)
Change Requests. Any change No changes or revisions to the scope of Landlord’s Work requested Approved Final Drawings --------------- shall be made by either Landlord or Tenant unless approved in writing by both parties. Upon Tenant's request and submission by Tenant shall be subject (at Tenant's sole cost and expense) of the necessary information and/or plans and specifications for any changes or revisions to Landlord’s prior approvalthe Approved Final Drawings and/or for any work other than the Work described in the Approved Final Drawings ("Change Requests") and the approval by Landlord of such Change Request(s), which approval Landlord agrees shall not be unreasonably withheld, Landlord shall perform the additional work associated with the approved Change Request(s), at Tenant's sole cost and expense, subject, however, to the following provisions of this Section 11. Prior to commencing any additional work related to the approved Change Request(s), Landlord shall submit to Tenant a written statement of the cost of such additional work and a proposed tenant change order therefor ("Change Order") in the standard form then in use by Landlord. Tenant shall not instruct or direct Contractorexecute and deliver to Landlord such Change Order and shall pay the entire cost of such additional work in the following described manner. Any costs related to such approved Change Request(s), workmenChange Order and any delays associated therewith, subcontractors, material suppliers, or others performing Landlord’s Work. Tenant shall direct all inquiries and requests relating be added to the construction work Tenant Improvement Costs and shall be paid for by Tenant as and with any Excess Tenant Improvement Costs as set forth in Section 10 above. The billing for such additional costs to Landlord or Landlord’s designated agent. Tenant shall be responsible for any added costs or delays resulting from Tenant’s actions which are contrary to this Section 5. As soon as reasonably possible after receipt of a written change request from Tenant, Landlord shall notify Tenant of Landlord’s approval or disapproval accompanied by evidence of the request; andamounts billed as is customarily used in the business. Costs related to approved Change Requests and Change Orders shall include without limitation, if any architectural or design fees, Landlord's construction fee for overhead and profit, the request is approvedcost of all on-site supervisory and administrative staff, of an estimated increase or decrease in costs office, equipment and an estimate of temporary services rendered by Landlord and/or Landlord's consultants, and the effect General Contractor's price for effecting the change shall have on the projected date for substantial completion of Landlord’s Workchange. If Tenant’s change request results in an increase in cost and Tenant approves fails to execute or deliver such estimated costChange Order, Tenant shall or to pay such estimated cost to Landlord within five (5) days of Tenant’s approval of the estimated cost. costs related thereto, then Landlord shall not be obligated to continue performing Landlord’s do any additional work related to such approved Change Request(s) and/or Change Orders, and Landlord may proceed to perform only the Work, as modified by specified in the change request unless such payment has been timely madeApproved Final Drawings. Landlord shall have equitably adjust the authority, without the consent of Tenant, to order minor changes in Landlord’s Work not involving an increase in cost to Tenant and not inconsistent with the intent amount of the approved floor plan attached hereto as Exhibit C-1Tenant Improvement Costs for any deletions in the scope of the Work.
Appears in 1 contract
Change Requests. Any change No changes or revisions to the scope of Landlord’s Work requested approved Final --------------- Drawings shall be made by either Landlord or Tenant unless approved in writing by both parties. Upon Tenant's request and submission by Tenant shall be subject (at Tenant's sole cost and expense) of the necessary information and/or plans and specifications for any changes or revisions to Landlord’s prior approvalthe approved Final Drawings and/or for any work other than the Work described in the approved Final Drawings ("Change Requests") and the approval by Landlord of such Change Request(s), which approval Landlord agrees shall not be unreasonably withheld, Landlord shall perform the additional work associated with the approved Change Request(s), at Tenant's sole cost and expense, subject, however, to the following provisions of this Section 11. Prior to commencing any additional work related to the approved Change Request(s), Landlord shall submit to Tenant for Tenant's approval or disapproval a written statement of the cost of such additional work and a proposed tenant change order therefor ("Change Order") in the standard form then in use by Landlord. Tenant shall not instruct or direct Contractorexecute and deliver to Landlord such Change Order and shall pay the entire cost of such additional work in the following described manner. Any costs related to such approved Change Request(s), workmenChange Order and any delays associated therewith, subcontractors, material suppliers, or others performing Landlord’s Work. Tenant shall direct all inquiries and requests relating be added to the construction work Tenant Improvement Costs and shall be paid for by Tenant as and with any Excess Tenant Improvement Costs as set forth in Section 10 above if and to Landlord or Landlord’s designated agentthe extent the cost of such change order causes the Tenant Improvement Costs to exceed the Tenant Improvement Allowance. The billing for such additional costs to Tenant shall be responsible for any added costs or delays resulting from Tenant’s actions which are contrary to this Section 5. As soon as reasonably possible after receipt of a written change request from Tenant, Landlord shall notify Tenant of Landlord’s approval or disapproval accompanied by evidence of the request; andamounts billed as is customarily used in the business. Costs related to approved Change Requests and Change Orders shall include, if without limitation, any architectural or design fees, Landlord's construction fee for overhead and profit, the request is approvedcost of all on- site supervisory and administrative staff, of an estimated increase or decrease in costs office, equipment and an estimate of temporary services rendered by Landlord and/or Landlord's consultants, and the effect General Contractor's price for effecting the change shall have on the projected date for substantial completion of Landlord’s Workchange. If Tenant’s change request results in an increase in cost and Tenant approves fails to execute or deliver such estimated costChange Order, Tenant shall or to pay such estimated cost to Landlord within five (5) days of Tenant’s approval of the estimated cost. costs related thereto, then Landlord shall not be obligated to continue performing Landlord’s do any additional work related to such approved Change Request(s) and/or Change Orders, and Landlord may proceed to perform only the Work, as modified by specified in the change request unless such payment has been timely made. Landlord shall have the authority, without the consent of Tenant, to order minor changes in Landlord’s Work not involving an increase in cost to Tenant and not inconsistent with the intent of the approved floor plan attached hereto as Exhibit C-1Final Drawings.
Appears in 1 contract
Sources: Assignment and Assumption of Lease (Nuance Communications)
Change Requests. Any change A. No changes to the scope of Landlord’s Work Approved Plan requested by Tenant shall be subject to made without Landlord’s prior approval, which approval shall not be unreasonably withheld; provided, however, no change request shall affect the structure of the Building. Any changes to the Approved Plan shall be in writing and shall be signed by both Landlord and Tenant prior to the change being made. Tenant shall not instruct or direct ContractorLandlord’s contractor, workmen, subcontractors, material suppliers, or others performing Landlord’s Workthe construction of the Tenant Improvements. Tenant shall direct all inquiries and requests relating to the construction work to Landlord or Landlord’s designated agent. Tenant shall be responsible for any added costs or delays resulting from Tenant’s actions which are contrary to this Section 53.
B. Tenant shall pay Landlord in cash, within thirty (30) days after receipt of an itemized written ▇▇▇▇ from Landlord, any additional costs for changes requested by Tenant, including, without limitation, architectural fees and increases in construction costs caused by the delay. A change request shall constitute an agreement by Tenant to any reasonable delay in substantial completion caused by reviewing, processing and implementing the change. Substantial completion of the Tenant Improvements shall be deemed to have occurred on the date it would have otherwise occurred but for any such delays.
C. As soon as reasonably possible after receipt of a written change request from Tenant, Landlord shall notify Tenant of Landlord’s approval or disapproval of the request; and, if the request is approved, of an estimated increase or decrease in costs costs, if any, and an estimate of the effect the change shall have on the projected date for substantial completion of Landlord’s Work. If Tenant’s change request results in an increase in cost and the Tenant approves such estimated cost, Tenant shall pay such estimated cost to Landlord within five (5) days of Tenant’s approval of the estimated cost. Landlord shall not be obligated to continue performing Landlord’s Work, as modified by the change request unless such payment has been timely made. Improvements.
D. Landlord shall have the authority, without the consent of Tenant, to order minor changes in Landlord’s Work the Tenant Improvements not involving an increase in cost to Tenant or a delay in the substantial completion of the Tenant Improvements and not inconsistent with the intent of the approved floor plan attached hereto as Exhibit C-1Approved Plan.
Appears in 1 contract
Sources: Lease (iRhythm Technologies, Inc.)
Change Requests. Any change No changes or revisions to the scope of LandlordApproved Final Drawings shall be made by either Landlord or Tenant unless approved in writing by both parties. Upon Tenant’s Work requested request and submission by Tenant shall be subject (at Tenants sole cost and expense) of the necessary information and/or plans and specifications for any changes or revisions to Landlord’s prior approvalthe Approved Final Drawings and/or for any work other than the Work described in the Approved Final Drawings (“Change Requests”) and the approval by Landlord of such Change Request(s), which approval Landlord agrees shall not be unreasonably withheld, Landlord shall perform the additional work associated with the approved Change Request(s), at Tenant’s sole cost and expense, subject, however, to the following provisions of this Section 10. Prior to commencing any additional work related to the approved Change Request(s), Landlord shall submit to Tenant a written statement of the cost of such additional work and a proposed tenant change order therefor (“Change Order”) in the standard form then in use by Landlord. Tenant shall not instruct or direct Contractor, workmen, subcontractors, material suppliers, or others performing Landlord’s Workexecute and deliver to Landlord such Change Order and shall pay the entire cost of such additional work in the following described manner. Tenant Any costs related to such approved Change Request(s) and Change Order shall direct all inquiries and requests relating be added to the construction work EP Tenant Improvement Costs and shall be paid for by Tenant as and with any Excess EP Tenant Improvement Costs as set forth in Section 11 below. Any delays associated with any Change Request or Change Order shall be considered a Tenant Delay. The billing for such additional costs to Landlord or Landlord’s designated agent. Tenant shall be responsible for accompanied by evidence of the amounts billed as is customarily used in the business. Costs related to approved Change Requests and Change Orders shall include without limitation, any added costs architectural or delays resulting from Tenant’s actions which are contrary to this Section 5. As soon as reasonably possible after receipt of a written change request from Tenantdesign fees, Landlord shall notify Tenant of Landlord’s approval or disapproval construction fee for overhead and profit, the cost of the request; andall on-site supervisory and administrative staff, if the request is approvedoffice, of an estimated increase or decrease in costs equipment and an estimate of the effect the change shall have on the projected date for substantial completion of temporary services rendered by Landlord and/or Landlord’s Workconsultants, and the General Contractor’s price for effecting the change. If Tenant’s change request results in an increase in cost and Tenant approves fails to execute or deliver such estimated costChange Order, Tenant shall or to pay such estimated cost to Landlord within five (5) days of Tenant’s approval of the estimated cost. costs related thereto, then Landlord shall not be obligated to continue performing Landlord’s do any additional work related to such approved Change Request(s) and/or Change Orders, and Landlord may proceed to perform only the Work, as modified by specified in the change request unless such payment has been timely madeApproved Final Drawings. Landlord shall have equitably adjust the authority, without the consent of Tenant, to order minor changes in Landlord’s Work not involving an increase in cost to Tenant and not inconsistent with the intent amount of the approved floor plan attached hereto as Exhibit C-1EP Tenant Improvement Costs for any deletions in the scope of the Work.
Appears in 1 contract
Change Requests. Any change No changes to the scope of Landlord’s Work Approved Construction Plans requested by Tenant (each, a “Change Request”) shall be subject to made without Landlord’s prior written approval, which approval shall not be unreasonably withheldwithheld or delayed, subject to the following:
(i) No Change Request shall affect the structure or operating systems of the Building;
(ii) A Change Request shall constitute an agreement by Tenant to any delay in completion of the Tenant Improvements caused by reviewing, processing and implementing the Change Request;
(iii) Any delays in completion of the Tenant Improvements caused as a result of a Change Request shall not delay the commencement of the term of the Lease from the Commencement Date specified in Section 1.7 of the Lease. Tenant agrees that the Lease and all obligations of Tenant thereunder (including without limitation the obligation to pay Rent) shall not instruct or direct Contractorcommence on the Commencement Date specified in Section 1.7 of the Lease, workmen, subcontractors, material suppliers, or others performing Landlord’s Worknotwithstanding any delay in construction of the Tenant Improvements caused by any Change Request. Tenant shall direct Any and all inquiries and requests relating to the construction work to costs incurred in connection with a Change Request approved by Landlord or Landlord’s designated agent. Tenant shall be responsible paid for any added costs or delays resulting from Tenant’s actions which are contrary to this Section 5. As soon as reasonably possible after receipt of a written change request from solely by Tenant, including, without limitation, increased architectural or engineering fees and costs, permit re-submittal fees and costs, increased construction costs, costs incurred as a result of any delay in constructing the Tenant Improvements caused by the Change Request, costs incurred by Landlord shall notify Tenant of Landlord’s approval or disapproval of in having the request; andproposed Change Request reviewed by third parties, if the request is approved, of an estimated increase or decrease in and any other costs and an estimate expenses incurred in connection with or arising out of the effect the change shall have on the projected date for substantial completion of Landlord’s Work. If Tenant’s change request results in an increase in cost and Tenant approves such estimated cost, Tenant shall pay such estimated cost to Landlord within five (5) days of Tenant’s approval of the estimated cost. Landlord shall not be obligated to continue performing Landlord’s Work, as modified by the change request unless such payment has been timely made. Landlord shall have the authority, without the consent of Tenant, to order minor changes in Landlord’s Work not involving an increase in cost to Tenant and not inconsistent with the intent of the approved floor plan attached hereto as Exhibit C-1Change Request.
Appears in 1 contract
Sources: Business Park Net Lease (Opnext Inc)
Change Requests. Any change to Without invalidating this Agreement, Owner may order changes in the scope Specifications or the Work consisting of Landlord’s Work requested by Tenant shall be subject to Landlord’s prior approvaladditions, which approval shall not be unreasonably withheld. Tenant shall not instruct deletions or direct Contractorother revisions (each, workmena “Change”), subcontractors, material suppliersincluding deletion of ▇▇▇▇ ▇ or the Unit 5 Scrubber (such deletion being only in the event: (x) the DENR permit for Unit 6 is reversed or stayed on appeal, or others performing Landlord’s (y) Owner has cancelled the Work associated with Unit 6 or the Unit 5 Scrubber and does not intend to proceed with another contractor for such Work); provided, that Owner may not delete all Work through this Article. Tenant shall direct all inquiries and requests relating to Without limiting the construction work to Landlord or Landlord’s designated agent. Tenant shall be responsible for any added costs or delays resulting from Tenant’s actions which are contrary to this Section 5. As soon as reasonably possible after receipt of a written change request from Tenant, Landlord shall notify Tenant of Landlord’s approval or disapproval generality of the request; andforegoing, if the request is approved, of Owner may order:
(a) an estimated increase or decrease in costs the quantity of any Work,
(b) any Work omitted,
(c) a Change in the character or quality or kind of any such Work,
(d) a Change in the levels, lines, position and dimensions of any part of the Project,
(e) execution of additional Services of any kind prudent for the completion of the Work, or
(f) a Change in any specified sequence or timing of the Services. If Owner desires to make a Change, it shall submit a written proposal to Contractor describing the Change requested. Contractor shall promptly review Owner’s proposal and submit to Owner an estimate of the cost to develop a Change Order for such Change, such development costs to be determined on a time and materials basis utilizing the rates set forth in Exhibit K. If the estimated costs to develop the Change Order are reasonably acceptable to Owner, Owner shall promptly provide notice thereof to Contractor in writing. Upon receipt of such notice, Contractor’s Project Manager shall promptly notify Owner in writing, as soon as practicable, either by giving reasons why Contractor, either directly or indirectly through a Subcontractor, could not effect such Change (if this is the case) or by submitting a proposed Change Order, which shall include in reasonable detail:
(i) the effect and impact, if any, that the Change would have, in Contractor’s reasonable judgment, on the Work, the Contract Price or the Schedule,
(ii) Contractor’s proposal for any necessary modifications to the Work, the Contract Price or the Schedule, and
(iii) Contractor’s proposal for any necessary modifications to any other provisions of this Agreement, including the Specifications, the Key Schedule Milestones, the Cash Flow Payments or the Performance Guarantees. Contractor shall provide Owner such supporting documentation for the foregoing as Owner may reasonably request. Notwithstanding the foregoing, Contractor shall not be entitled to any increase in the Contract Price or any extension of the Schedule if such Change was necessary as a result of a breach by Contractor of this Agreement. Owner shall, as soon as practicable after receipt of such submittal and supporting documentation, respond with any comments or questions. Contractor shall not delay any Work while awaiting a response. If Owner responds with comments or questions, Contractor shall endeavor to address such comments or answer such questions as soon as practicable. If Owner decides not to proceed with a Change, it shall reimburse Contractor for its efforts in developing the estimates and other information regarding the potential Change, on a time and material basis utilizing the rates set forth in Exhibit K (such reimbursement to be either outside the Contract Price or through a separate Change Order); provided, that Owner shall only be required to reimburse Contractor if Contractor has complied with the cost proposal requirements set forth above. If Owner wishes to proceed with the Change, Owner shall issue a written order to Contractor authorizing the Change and setting forth any revisions to this Agreement necessary to effect the change Change (the “Change Order”). If Contractor refuses to accept such necessary revisions in the Change Order, Owner shall have be entitled to require Contractor to continue to perform its obligations hereunder as would be modified by the Change Order; provided, that, if Owner requires Contractor to so perform, (x) the Parties shall resolve the Dispute over the necessary revisions in accordance with the dispute resolution procedures set forth in Article 28 and (y) if the Change requires additional or disputed Work, Owner shall continue to pay Contractor pursuant to the payment terms hereof based, subject to resolution of the Dispute pursuant to Article 28, on the projected time and materials rates set forth in Exhibit K. Once the Dispute is resolved, any amount owing will be paid within thirty (30) Days after the date for substantial completion of Landlord’s Workresolution. If Tenant’s change request results in Contractor experiences an increase in cost and Tenant approves such estimated cost, Tenant shall pay such estimated cost costs or a delay in Contractor’s ability to Landlord within five (5) days perform the Work due to a delay in the delivery of Tenant’s approval any Owner Equipment or a delay resulting from a defect in any Owner Equipment or a breach of the estimated cost. Landlord shall not be obligated to continue performing Landlord’s Work, as modified Owner Equipment Contracts by the change request unless suppliers of the Owner Equipment, and such payment has been timely madedelay or defect is not the result of Contractor’s failure to comply with the requirements of this Agreement, Contractor shall be entitled to a Change and an equitable adjustment in the Contract Price and/or the Schedule. Landlord Contractor shall have the authority, right to request a Change but shall have no right to require a Change which is not contemplated by this Agreement without the prior written consent of TenantOwner. If Contractor determines that a Change is necessary or advisable for any reason, to order minor changes including a Change in Landlord’s Work not involving an increase in cost to Tenant and not inconsistent with the intent of the approved floor plan attached hereto as Exhibit C-1Law, Contractor shall give Owner written notice within twenty-one (21) Days thereof.
Appears in 1 contract
Sources: Engineering, Procurement and Construction Agreement (Duke Energy CORP)
Change Requests. Any change (i) No changes to the scope of Landlord’s Work Approved Working Drawings requested by Tenant shall be subject to made without Landlord’s 's prior approval, which approval shall not be unreasonably withheld; provided, however, that no change request shall affect the structure of the Building. Any changes to the Approved Working Drawings shall be in writing and shall be signed by both Landlord and Tenant prior to the change being made. Tenant shall not instruct or direct Contractor, Contractor workmen, subcontractors, material suppliers, or others performing Landlord’s Workthe Tenant Improvements construction. Tenant shall direct all inquiries and requests relating to the construction work to Landlord or Landlord’s 's designated agent. Tenant shall be responsible for any added costs or delays resulting from Tenant’s 's actions which are contrary to this Section 5. Paragraph 4.
(a) Tenant shall pay Landlord in cash, within thirty (30) days after receipt of an itemized written ▇▇▇▇ from Landlord, any additional costs for changes requested by Tenant, including, without limitation, architectural fees and increases in construction costs caused by the delay; (b) a change request shall constitute an agreement by Tenant to any reasonable delay in substantial completion caused by reviewing, processing and implementing the change; and (c) the Lease, at Landlord's option, shall commence on the date it would have otherwise commenced but for any such delays.
(iii) As soon as reasonably possible after receipt of a written change request from Tenant, Landlord shall notify Tenant of Landlord’s 's approval or disapproval of the request; and, if the request is approved, of an estimated increase or decrease in costs and an estimate of the effect the change shall have on the projected date for substantial completion of Landlord’s Work. If Tenant’s change request results in an increase in cost and the Tenant approves such estimated cost, Tenant shall pay such estimated cost to Landlord within five Improvements.
(5iv) days of Tenant’s approval of the estimated cost. Landlord shall not be obligated to continue performing Landlord’s Work, as modified by the change request unless such payment has been timely made. Landlord shall have the authority, without the consent of Tenant, to order minor changes in Landlord’s Work (i.e. Contractor field changes required where it is impractical to install the Tenant Improvements as specifically required under the Approved Working Drawings) to the Tenant Improvements not involving an increase in cost to Tenant or a delay in the Commencement Date and not inconsistent with the intent of the approved floor plan attached hereto as Exhibit C-1Approved Working Drawings. Landlord shall use prompt and diligent efforts to notify Tenant of any such changes.
Appears in 1 contract
Sources: Lease (Consilium Inc)
Change Requests. Any change No changes or revisions to the scope of Landlordapproved Final Drawings shall be made by either Landlord or Tenant unless approved in writing by both parties. Upon Tenant’s Work requested request and submission by Tenant shall be subject (at Tenant’s sole cost and expense) of the necessary information and/or plans and specifications for any changes or revisions to Landlord’s prior approvalthe approved Final Drawings and/or for any work other than the Work described in the approved Final Drawings (“Change Requests”) and the approval by Landlord of such Change Request(s), which approval Landlord agrees shall not be unreasonably withheld, Landlord shall perform the additional work associated with the approved Change Request(s), at Tenant’s sole cost and expense, subject, however, to the following provisions of this Section 11. Prior to commencing any additional work related to the approved Change Request(s), Landlord shall submit to Tenant a written statement of the cost of such additional work and a proposed tenant change order therefor (“Change Order”) in the standard form then in use by Landlord. Tenant shall not instruct or direct Contractorexecute and deliver to Landlord such Change Order and shall pay the entire cost of such additional work in the following described manner. Any costs related to such approved Change Request(s), workmenChange Order and any delays associated therewith, subcontractors, material suppliers, or others performing Landlord’s Work. Tenant shall direct all inquiries and requests relating be added to the construction work Tenant Improvement Costs and shall be paid for by Tenant, to Landlord or Landlord’s designated agentthe extent such costs exceed the Tenant Improvement Allowance, as and with any Excess Tenant Improvement Costs as set forth in Section 10 above. The billing for such additional costs to Tenant shall be responsible for accompanied by evidence of the amounts billed as is customarily used in the business. Costs related to approved Change Requests and Change Orders shall include, without limitation, any added costs architectural or delays resulting from Tenant’s actions which are contrary to this Section 5. As soon as reasonably possible after receipt of a written change request from Tenantdesign fees, Landlord shall notify Tenant of Landlord’s approval or disapproval construction fee for overhead and profit, the cost of the request; andall on-site supervisory and administrative staff, if the request is approvedoffice, of an estimated increase or decrease in costs equipment and an estimate of the effect the change shall have on the projected date for substantial completion of temporary services rendered by Landlord and/or Landlord’s Workconsultants, and the General Contractor’s price for effecting the change. If Tenant’s change request results in an increase in cost and Tenant approves falls to execute or deliver such estimated costChange Order, Tenant shall or to pay such estimated cost to Landlord within five (5) days of Tenant’s approval of the estimated cost. costs related thereto, then Landlord shall not be obligated to continue performing Landlord’s do any additional work related to such approved Change Request(s) and/or Change Orders, and Landlord may proceed to perform only the Work, as modified by specified in the change request unless such payment has been timely made. Landlord shall have the authority, without the consent of Tenant, to order minor changes in Landlord’s Work not involving an increase in cost to Tenant and not inconsistent with the intent of the approved floor plan attached hereto as Exhibit C-1Final Drawings.
Appears in 1 contract
Change Requests. Any change to the scope of Landlord’s Work No changes requested by Tenant shall to the Approved Working Drawings or the agreed Cost Proposal may be subject to made without the prior written consent of Landlord’s prior approval, which approval shall consent may not be unreasonably withheld. Tenant shall not instruct or direct Contractor, workmen, subcontractors, material suppliersdelayed, or others performing Landlord’s Workconditioned. If Tenant shall direct all inquiries and requests relating to a change that would directly or indirectly delay the construction work to Landlord or Landlord’s designated agent. Tenant shall be responsible for any added costs or delays resulting from Tenant’s actions which are contrary to this Section 5. As soon as reasonably possible after receipt of a written change request from Tenant, Landlord shall notify Tenant of Landlord’s approval or disapproval Substantial Completion of the request; andInitial Alterations, if the request is approved, of an estimated increase or decrease in costs and an estimate of the effect the change shall have on the projected date for substantial completion of Landlord’s Work. If Tenant’s change request results in an increase in cost and Tenant approves such estimated cost, Tenant shall pay such estimated cost to Landlord within five (5) days of Tenant’s approval of the estimated cost. Landlord shall not be obligated to continue performing make such change unless Tenant agrees in writing that such delay (in the amount reasonably determined by Landlord) is a Tenant Delay. If Tenant requests a change to the Approved Working Drawings that increases the agreed Cost Proposal, Landlord shall not be obligated to make such change unless Tenant agrees in writing to pay any such increase in costs, together with (i) ten percent (10%) of such costs for overhead or the rate provided in the construction contract, whichever is less, (ii) four percent (4%) of all costs for profit or the rate provided in the construction contract, whichever is less, and (iii) general conditions not in excess of five percent (5%) of the total costs or the rate provided in the construction contract, whichever is less (the “Change Order Fee”). Notwithstanding anything to the contrary contained in this Work Letter, in addition to any Change Order Fee which may be due, Landlord reserves the right to charge a one-time fee not to exceed five percent (5%) of the Tenant Allowance for Landlord’s Workproject management services in the event Tenant’s request for changes, in the aggregate, exceed what is usual and customary taking into account the scope of the Initial Alterations and the size of the Premises, or require the Landlord or Landlord’s Representative to expend time in excess of what is usual and customary taking into account the scope of the Initial Alterations and the size of the Premises, regardless of whether Tenant elects to move forward with the changes. Tenant shall pay the project management services fee within thirty (30) days of receipt of Landlord’s invoice. Upon ▇▇▇▇▇▇’s written approval of Change Order Fee and Tenant Delay period (if applicable) the changes to the Approved Working Drawings shall be referred to as modified by a “Change Order”. Tenant shall pay any Change Order Fee due for an approved Change Order within ten (10) days after receipt of Landlord’s invoice for the change request unless such payment has been timely madeChange Order Fee. Landlord shall have not be required to perform any Change Order until such time as Tenant has paid any applicable Change Order Fee. If Tenant fails to approve, in writing, the authorityChange Order Fee and/or the Tenant Delay period within seven (7) days after Landlord’s submission, (i) the requested change to the Approved Working Drawings shall be deemed disapproved in all respects by Tenant, (ii) Landlord shall not be authorized to proceed with the proposed changes to the Approved Working Drawings), and (iii) Landlord shall proceed to complete the Initial Alterations in accordance with the Approved Working Drawings without Tenant’s requested change. Excluding Change Orders issued at Tenant’s request, Landlord shall not submit to the Contractor any change in the scope of the work, schedule, fee, or Cost of Work without the prior written consent of Tenant, to order minor changes which consent shall not be unreasonably withheld, delayed, or conditioned. Further, in Landlord’s Work not involving an increase the event Contractor requests a change in cost to Tenant and not inconsistent with the intent scope of the approved floor plan attached hereto as Exhibit C-1work, schedule, fee, or Cost of Work, Landlord shall not agree to any such change unless Tenant provides its prior written consent, which consent shall not be unreasonably withheld, delayed, or conditioned. Any such change requested by Landlord or its Contractor shall not be subject to the Change Order Fee or considered a Tenant Delay unless Tenant unreasonably withholds, delays, or conditions its consent.
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Change Requests. Any change No changes or revisions to the scope of LandlordTenant Improvements shall be made by either Landlord or Tenant unless approved in writing by both parties. Upon Tenant’s Work requested request and submission by Tenant shall be subject (at Tenant’s sole cost and expense) of the necessary information and/or plans and specifications for any changes or revisions to Landlord’s prior approvalthe Tenant Improvements and the approval by Landlord of such Change Request(s), which approval Landlord agrees shall not be unreasonably withheld. Tenant shall not instruct or direct Contractor, workmen, subcontractors, material suppliers, or others performing Landlord’s Work. Tenant shall direct all inquiries and requests relating to the construction work to Landlord or Landlord’s designated agent. Tenant shall be responsible for any added costs or delays resulting from Tenant’s actions which are contrary to this Section 5. As soon as reasonably possible after receipt of a written change request from Tenant, Landlord shall notify perform the additional work associated with the approved Change Request(s), at Tenant’s sole cost and expense, subject, however, to the following provisions of this Section 9. Prior to commencing any additional work related to the approved Change Request(s), Landlord shall submit to-Tenant of Landlord’s approval or disapproval a written statement of the request; and, if the request is approved, cost of an estimated increase or decrease such additional work and a proposed tenant change order therefor (“Change Order”) in costs and an estimate of the effect the change shall have on the projected date for substantial completion of the-standard form then in use by Landlord’s Work. If Tenant’s change request results in an increase in cost and Tenant approves such estimated the cost, Tenant shall pay such estimated cost execute and deliver to Landlord within five (5such Change Order and shall pay the entire cost of such additional work in the following described manner. Tenant also has the option of withdrawing its request for a change or submitting further changes to reduce the cost, unless such Change Request(s) days of Tenant’s approval were approved by Tenant in the field and already installed. Any costs related to such approved Change Request(s), Change Order and any delays associated therewith, shall be added to the Tenant Improvement Costs and shall be paid for by Tenant as and with any Excess Tenant Improvement Costs as set forth in Section 8 above. The billing for such additional costs to Tenant shall be accompanied by evidence of the estimated costamounts billed as is customarily used in the business. Costs related to approved Change Requests and Change Orders shall include without limitation, any architectural or design fees and the General Contractor’s price for effecting the change. If Tenant fails to respond as described above, then Landlord shall not be obligated to continue performing Landlord’s do any additional work related to such approved Change Request(s) and/or Change Orders, and Landlord may proceed to perform only the Work, as modified by the change request unless such payment has been timely made. Landlord shall have the authority, without the consent of Tenant, to order minor changes specified in Landlord’s Work not involving an increase in cost to Tenant and not inconsistent with the intent of the approved floor plan attached hereto as Exhibit C-1Section 1 above.
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Change Requests. Any A. No change to the scope of Landlord’s Work Approved Working Drawings requested by Tenant shall be subject to made without Landlord’s 's prior approval, which approval shall not be unreasonably withheld; provided, however, that no change request shall affect the Landlord and Tenant prior to the change being made. Tenant shall not instruct or direct Contractor, 's workmen, subcontractorssubcontractor's, material suppliers, suppliers or others performing Landlord’s Workthe Tenant Improvements construction. Tenant shall direct all inquiries and requests relating to the construction work to Landlord or of Landlord’s 's designated agent. Tenant shall be responsible for any added costs or delays delay resulting from Tenant’s 's actions which are contrary to this Section 5Section.
B. Tenant shall pay Landlord, in cash, within ten (10) days after receipt of an itemized written bill ▇▇▇m Landlord, any additional costs for changes requested by Tenant, including, without limitation, architectural fees and increases in construction costs caused by the delay. A change request shall constitute an agreement by Tenant to any reasonable delay in substantial completion caused by reviewing, processing and implementing the change; and the Lease, at Landlord's option, shall commence on the date it would have otherwise commenced but for any such delays.
C. As soon as reasonably possible after receipt of a written change request from Tenant, Landlord shall notify Tenant of Landlord’s 's approval or disapproval of the request; , and, if the request is approved, of an estimated increase or decrease in costs and an estimate of the effect the change shall have on the projected date for substantial completion of Landlord’s Work. If Tenant’s change request results in an increase in cost and the Tenant approves such estimated cost, Tenant shall pay such estimated cost to Landlord within five (5) days of Tenant’s approval of the estimated cost. Landlord shall not be obligated to continue performing Landlord’s Work, as modified by the change request unless such payment has been timely made. Improvements.
D. Landlord shall have the authority, without the consent of Tenant, ,to order minor changes in Landlord’s Work the Tenant Improvements not involving an increase in cost to Tenant or a delay in the Actual Commencement Date and not inconsistent with the intent of the approved floor plan attached hereto as Exhibit C-1Approved Working Drawings.
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Change Requests. Any change (i) No changes to the scope of Landlord’s Work Approved Working Drawings requested by Tenant shall be subject to made without Landlord’s 's prior approval, which approval shall not be unreasonably withheld; provided, however, that no change request shall affect the structure of the Building. Any changes to the Approved Working Drawings shall be in writing and shall be signed by both Landlord and Tenant prior to the change being made. Tenant shall not instruct or direct Contractor, Contractor workmen, subcontractors, material suppliers, or others performing Landlord’s Workthe Tenant Improvements construction. Tenant shall direct all inquiries and requests relating to the construction work to Landlord or Landlord’s 's designated agent. Tenant shall be responsible for any added costs or delays resulting from Tenant’s ▇▇▇▇▇▇'s actions which are contrary to this Section 5. Paragraph 4.
(a) Tenant shall pay Landlord in cash, within thirty (30) days after receipt of an itemized written bill from Landlord, any additional costs for changes requested by ▇▇▇▇▇▇, including, without limitation, architectural fees and increases in construction costs caused by the delay; (b) a change request shall constitute an agreement by Tenant to any reasonable delay in substantial completion caused by reviewing, processing and implementing the change; and (c) the Lease, at Landlord's option, shall commence on the date it would have otherwise commenced but for any such delays.
(iii) As soon as reasonably possible after receipt of a written change request from Tenant, Landlord shall notify Tenant of Landlord’s 's approval or disapproval of the request; and, if the request is approved, of an estimated increase or decrease in costs and an estimate of the effect the change shall have on the projected date for substantial completion of Landlord’s Work. If Tenant’s change request results in an increase in cost and the Tenant approves such estimated cost, Tenant shall pay such estimated cost to Landlord within five Improvements.
(5iv) days of Tenant’s approval of the estimated cost. Landlord shall not be obligated to continue performing Landlord’s Work, as modified by the change request unless such payment has been timely made. Landlord shall have the authority, without the consent of Tenant, to order minor changes in Landlord’s Work the Tenant Improvements not involving an increase in cost to Tenant or a delay in the Commencement Date and not inconsistent with the intent of the approved floor plan attached hereto as Exhibit C-1Approved Working Drawings.
Appears in 1 contract
Sources: Lease Agreement (International Wireless Communications Holdings Inc)
Change Requests. Any change No changes or revisions to the scope of Landlordapproved Final Drawings shall be made by either Landlord or Tenant unless approved in writing by both parties. Upon Tenant’s Work requested request and submission by Tenant shall be subject (at Tenant’s sole cost and expense) of the necessary information and/or plans and specifications for any changes or revisions to Landlord’s prior approvalthe approved Final Drawings and/or for any work other than the Work described in the approved Final Drawings (“Change Requests”) and the approval by Landlord of such Change Request(s), which approval Landlord agrees shall not be unreasonably withheld, Landlord shall perform the additional work associated with the approved Change Request(s), at Tenant’s sole cost and expense, subject, however, to the following provisions of this Section 9. Prior to commencing any additional work related to the approved Change Request(s), Landlord shall submit to Tenant a written statement of the cost of such additional work and a proposed tenant change order therefor (“Change Order”) in the standard form then in use by Landlord. Tenant shall not instruct or direct Contractorexecute and deliver to Landlord such Change Order and shall pay the entire cost of such additional work associated with any Change Order to Landlord in cash concurrently with Tenant’s execution and delivery of any Change Order to Landlord. Any costs related to such approved Change Request(s), workmenChange Order and any delays associated therewith, subcontractorsshall be “Excess Tenant Improvement Costs”, material suppliers, or others performing Landlord’s Work. Tenant shall direct all inquiries and requests relating be added to the construction work Tenant Improvement Costs and shall be paid for by Tenant as set forth in this Section 9. The billing for such additional costs to Landlord or Landlord’s designated agent. Tenant shall be responsible for accompanied by evidence of the amounts billed as is customarily used in the business. Costs related to approved Change Requests and Change Orders shall include, without limitation, any added costs actual out-of-pocket architectural or delays resulting from Tenant’s actions which are contrary to this Section 5. As soon as reasonably possible after receipt of a written change request from Tenantdesign fees, Landlord shall notify Tenant of Landlord’s approval or disapproval construction fee for overhead and profit, the actual out-of-pocket cost of the request; andall on-site supervisory and administrative staff, if the request is approvedoffice, of an estimated increase or decrease in costs equipment and an estimate of the effect the change shall have on the projected date for substantial completion of temporary services rendered by Landlord and/or Landlord’s Workconsultants, and the General Contractor’s price for effecting the change. If Tenant’s change request results in an increase in cost and Tenant approves fails to execute or deliver such estimated costChange Order, Tenant shall or to pay such estimated cost to Landlord within five (5) days of Tenant’s approval of the estimated cost. costs related thereto, then Landlord shall not be obligated to continue performing Landlord’s do any additional work related to such approved Change Request(s) and/or Change Orders, and Landlord may proceed to perform only the Work, as modified by specified in the change request unless such payment has been timely made. Landlord shall have the authority, without the consent of Tenant, to order minor changes in Landlord’s Work not involving an increase in cost to Tenant and not inconsistent with the intent of the approved floor plan attached hereto as Exhibit C-1Final Drawings.
Appears in 1 contract
Sources: Lease Agreement (Synplicity Inc)
Change Requests. Any change No changes or revisions to the scope Approved Final Drawings shall be made by either Landlord or Tenant unless approved in writing by both parties. Upon Tenant’s request and submission by Tenant (at Tenant’s sole cost and expense) of the necessary information and/or plans and specifications for any changes or revisions to the Approved Final Drawings and/or for any work other than the Tenant Improvements described in the Approved Final Drawings (“Change Requests”), and the approval by Landlord of such Change Request(s) to be performed, which approval Landlord agrees shall not be unreasonably withheld or delayed, Landlord shall cause the additional work associated with the approved Change Request(s), at Tenant’s sole cost and expense, subject, however, to the following provisions of this Section 11. Prior to commencing any additional work related to the approved Change Request(s), Landlord shall submit to Tenant a written statement of the cost of such additional work and a proposed tenant change order therefor (“Change Order”) in the standard form then in use by Landlord’s Work . Tenant shall execute and deliver to Landlord such Change Order and shall pay the entire cost of such additional work in the following described manner. Any costs related to such approved Change Request(s) and Change Order shall be added to the Tenant Improvement Costs and shall be paid for by Tenant as and with any Excess Tenant Improvement Costs as set forth in Section 10 above. Any delays associated with any Change Request or Change Order requested by Tenant shall be subject considered a Tenant Delay. The billing for such additional costs to Landlord’s prior approval, which approval shall not be unreasonably withheld. Tenant shall not instruct or direct Contractor, workmen, subcontractors, material suppliers, or others performing Landlord’s Work. Tenant shall direct all inquiries and requests relating to the construction work to Landlord or Landlord’s designated agent. Tenant shall be responsible for accompanied by reasonably detailed evidence of the amounts billed. Costs related to approved Change Requests and Change Orders shall include, without limitation, any added costs architectural or delays resulting from Tenant’s actions which are contrary to this Section 5. As soon as reasonably possible after receipt of a written change request from Tenantdesign fees, Landlord shall notify Tenant of Landlord’s approval or disapproval of construction fee for overhead and profit, and the request; and, if General Contractor’s price for effecting the request is approved, of an estimated increase or decrease in costs and an estimate of the effect the change shall have on the projected date for substantial completion of Landlord’s Workchange. If Tenant’s change request results in an increase in cost and Tenant approves fails to execute or deliver such estimated costChange Order, Tenant shall or to pay such estimated cost to Landlord within five (5) days of Tenant’s approval of the estimated cost. costs related thereto, then Landlord shall not be obligated to continue performing Landlord’s Workdo any additional work related to such approved Change Request(s) and/or Change Orders, and Landlord may proceed to perform only the Tenant Improvements, as modified by specified in the change request unless such payment has been timely madeApproved Final Drawings. Landlord shall have equitably adjust the authority, without the consent of Tenant, to order minor changes in Landlord’s Work not involving an increase in cost to Tenant and not inconsistent with the intent amount of the approved floor plan attached hereto as Exhibit C-1Tenant Improvement Costs for any deletions in the scope of the Tenant Improvements.
Appears in 1 contract
Sources: Office Lease (Mobitv Inc)
Change Requests. Any change 4.4.1 No changes to the scope of Landlord’s Work Construction Drawings requested by Tenant shall be subject to made without Landlord’s prior written approval, which approval shall not be unreasonably withheld; provided, however, that no change request shall affect the structure, systems or exterior appearance of the Building. Any changes to the Construction Drawings shall be in writing and shall be signed by both Landlord and Tenant prior to the change being made. Tenant shall not instruct or direct Contractor, workmen, subcontractors, material suppliers, or others performing Landlord’s Workthe Tenant Improvements construction. Tenant shall direct all inquiries and requests relating to the construction work to Landlord or Landlord’s designated agent. Tenant shall be responsible for any added costs or delays resulting from Tenant’s actions which are contrary under this Paragraph 4 and for any additional costs resulting from Tenant’s actions under this Paragraph 4 that cause the cost of the Tenant Improvement Allowance Items to this Section exceed the Tenant Improvement Allowance.
4.4.2 Tenant shall pay Landlord any additional costs for changes requested by Tenant, including, without limitation, architectural fees and increases in construction costs caused by the delay. A change request shall constitute an agreement by Tenant to any reasonable delay in substantial completion caused by reviewing, processing and implementing the change.
4.4.3 Within five (5. As soon as reasonably possible ) business days after receipt of a written change request from Tenant, Landlord shall notify Tenant of Landlord’s approval or disapproval of the requestrequest pursuant to Section 4.4.1; and, if the request is approved, of an estimated increase or decrease in costs and an estimate of the effect the change shall have on the projected date for substantial completion of Landlord’s Work. If Tenant’s change request results in an increase in cost and the Tenant approves such estimated cost, Tenant shall pay such estimated cost to Landlord within five (5) days of Tenant’s approval of the estimated cost. Landlord shall not be obligated to continue performing Landlord’s Work, as modified by the change request unless such payment has been timely made. Improvements.
4.4.4 Landlord shall have the authority, without the consent of Tenant, to order minor changes in Landlord’s Work the Tenant Improvements not involving an increase in cost to Tenant or a delay in the Commencement Date and not inconsistent with the intent of the approved floor plan attached hereto as Exhibit C-1Construction Drawings.
Appears in 1 contract
Sources: Lease Agreement (Model N Inc)
Change Requests. Any change A. No changes to the scope of Landlord’s Work Approved Plan requested by Tenant shall be subject to made without Landlord’s prior approval, which approval shall not be unreasonably withheld; provided, however, that no change request shall affect the structure of the Building. Any changes to the Approved Plan shall be in writing and shall be signed by both Landlord and Tenant prior to the change being made. Tenant shall not instruct or direct ContractorLandlord’s contractor, workmen, subcontractors, material suppliers, or others performing Landlord’s Workthe construction of the Tenant Improvements. Tenant shall direct all inquiries and requests relating to the construction work to Landlord or Landlord’s designated agent. Tenant shall be responsible for any added costs or delays resulting from Tenant’s actions which are contrary to this Section 5Paragraph3.
B. Tenant shall pay Landlord in cash, within thirty (30) days after receipt of an itemized written ▇▇▇▇ from Landlord, any additional costs for changes requested by Tenant, including, without limitation, architectural fees and increases in construction costs caused by the delay. A change request shall constitute an agreement by Tenant to any reasonable delay in substantial completion caused by reviewing, processing and implementing the change. The Lease, at Landlord’s option, shall commence on the date it would have otherwise commenced but for any such delays.
C. As soon as reasonably possible after receipt of a written change request from Tenant, Landlord shall notify Tenant of Landlord’s approval or disapproval of the request; and, if the request is approved, of an estimated increase or decrease in costs costs, if any, and an estimate of the effect the change shall have on the projected date for substantial completion of Landlord’s Work. If Tenant’s change request results in an increase in cost and the Tenant approves such estimated cost, Tenant shall pay such estimated cost to Landlord within five (5) days of Tenant’s approval of the estimated cost. Landlord shall not be obligated to continue performing Landlord’s Work, as modified by the change request unless such payment has been timely made. Improvements.
D. Landlord shall have the authority, without the consent of Tenant, to order minor changes in Landlord’s Work the Tenant Improvements not involving an increase in cost to Tenant or a delay in the Lease Commencement Date and not inconsistent with the intent of the approved floor plan attached hereto as Exhibit C-1Approved Plan.
Appears in 1 contract
Sources: Office Lease (Mobitv Inc)
Change Requests. Any change No changes to the scope of Landlord’s Work Plans requested by Tenant (each, a "Change Request") shall be subject to made without Landlord’s 's prior written approval, which approval shall not be unreasonably withheld. Tenant shall not instruct withheld or direct Contractordelayed, workmen, subcontractors, material suppliers, or others performing Landlord’s Work. Tenant shall direct all inquiries and requests relating subject to the construction work to Landlord following:
(i) No Change Request shall affect the structural or Landlord’s designated agent. Tenant shall be responsible for any added costs or delays resulting from Tenant’s actions which are contrary to this Section 5. As soon as reasonably possible after receipt of a written change request from Tenant, Landlord shall notify Tenant of Landlord’s approval or disapproval operating systems of the request; and, if the request is approved, of an estimated increase or decrease in costs and an estimate of the effect the change shall have on the projected date for substantial completion of Landlord’s Work. If Tenant’s change request results in an increase in cost and Building;
(ii) Landlord may require Tenant approves such estimated cost, Tenant shall to pay such estimated cost to Landlord within five (5) business days of Tenant’s approval written notice from Landlord, the amount by which the Cost of the estimated cost. Landlord shall not be obligated to continue performing Landlord’s Work, after implementation of the Change Request, is reasonably estimated by Landlord to exceed the Tenant Improvement Allowance and the Additional Costs, including without limitation, increases in construction costs and other charges payable hereunder caused by any delay in construction of the Suite E Tenant Improvements as modified by the change request unless such payment has been timely made. Landlord a result of a Change Request, provided however that Tenant shall have the authorityright to revoke a Change Request within three (3) business days after Tenant's receipt of the written notice of the estimate of the amount by which the Change Request (x) will increase the Costs of the Work, without and (y) will increase the consent time for completion of the Work (that is, the number of days, if any) and thus be considered a Tenant-caused Delay;
(iii) Tenant acknowledges that a Change Request may result in a reasonable delay in completion of the Suite E Tenant Improvements caused by Landlord's reviewing, processing and implementing the Change Request. If an actual delay in substantial completion the Suite E Tenant Improvements actually occurs due to Landlord's review and processing of a Change Request, Landlord shall specify such delay in writing to Tenant, and such delay shall be deemed a Tenant-caused Delay;
(iv) Landlord shall accept only Change Requests signed by Tenant's representative. Tenant may from time to order minor time designate a different representative to authorize Change Requests.
(v) Any delays in completion of the Suite E Tenant Improvements caused as a result of a Change Request shall not delay the commencement of the Term of the Lease from the date the Term of the Lease would otherwise have commenced had it not been for the Change Request. Tenant agrees that the Lease and all obligations of Tenant thereunder (including without limitation the obligation to pay Rent) shall commence on the date that the Term of the Lease would otherwise have commenced had it not been for the Change Request. The foregoing shall not apply to Change Requests necessitated by changes required by regulatory permitting entities or changes in Landlord’s Work not involving an increase in cost to Tenant and not inconsistent with the intent of the approved floor plan attached hereto as Exhibit C-1building code, or other statutory requirements.
Appears in 1 contract