Common use of Changes in Plans and Specifications Clause in Contracts

Changes in Plans and Specifications. CHANGE ORDERS. Borrower shall provide Lender with notice of all changes in the Plans and Specifications, changes to the terms of the Construction Contract, orders for extra work, or other changes to the Project. Unless otherwise agreed by Lender, all changes to the Plans and Specifications or the Project (other than minor changes which do not affect the cost of the Project or the scheduled completion date) shall be made by a written change order signed by Borrower and General Contractor. Lender's prior written approval shall be required for (a) any single change order or modification which will result in an extension of the completion date of the Project if more than seven (7) days or which will result in an increase or decrease of more than $7,000.00 (or such other amount as Lender may now or hereafter approve in writing) of the direct construction costs specified in the approved Project Budget ("CONSTRUCTION COSTS"), (b) any change order or modification which together with the aggregate of all previous change orders or modifications (whether or not previously approved by Lender) will result in a net cumulative increase of the completion date of the Project if more than thirty (30) days or which will result in a net cumulative increase or decrease of more than $30,000.00 (or such other amount as Lender may now or hereafter approve in writing) of the Construction Costs. Borrower will not permit the performance of any work pursuant to any change order unless and until Borrower has received the approval of Lender, if such approval is required pursuant to this paragraph. Borrower shall provide Lender with copies of all change orders and modifications, irrespective of amount, whether or not Lender's prior approval is required pursuant to this paragraph. If a change order is made without Lender's consent and such consent is required pursuant to this paragraph, Lender shall have no obligation to disburse any Funds to pay for costs associated with the change order.

Changes in Plans and Specifications. CHANGE ORDERSA. If at any time after the Tenant Improvement Costs are determined, Tenant desires to make Change Orders, Tenant shall submit to Tenant’s Architect, with a copy to Architect, for pricing by Contractor working drawings and specifications for any and all such desired Change Orders. Borrower Tenant’s Architect shall provide Lender respond to Tenant, within five (5) Working Days of such request by Tenant, with notice an estimate of all changes in the Plans effect of such desired Change Order on Tenant Improvement Costs and Specificationsthe schedule of anticipated Substantial Completion (the “Change Order Effect Notice”). Tenant shall have three (3) Working Days to respond to such Change Order Effect Notice, changes with the authorization required hereunder, although Tenant may, within said three (3) Working Day period, request more time to finally respond to the terms Change Order Effect Notice. A failure by Tenant to respond to any such Change Order Effect Notice shall be denial of consent, and, upon denial, Contractor shall proceed with its work in accordance with the Tenant Improvement Construction ContractDocuments. Once the cost and the schedule change, orders if any, for extra worksuch Change Order has been approved by Tenant, or other changes all references in this Work Agreement to the Project. Unless otherwise agreed by Lender, all changes “Tenant Improvement Construction Documents” shall be to the Plans Tenant Improvement Construction Documents, as changed pursuant to this Section 3.05, and Specifications or all references to “Tenant Improvement Costs” shall include the Project net aggregate approved cost for the Change Orders determined in this Section 3.05 (other than minor after taking into account any savings affected by such Change Order), except that there may be a fee charged by the Tenant Improvement Contractor for any Change Order which reduces Tenant Improvement Costs. B. Once the Change Order, the costs therefor and the schedule change associated therewith have been approved and a form evidencing such approval executed by Tenant is delivered to Landlord, Tenant shall have given full authorization to cause Contractor to proceed with the work of constructing the Tenant Improvements in accordance with the Tenant Improvement Construction Documents as so modified; provided that any changes required by Tenant which do not affect constitute a material deviation from the cost of the Project or the scheduled completion date) previously approved Tenant Improvement Construction Documents shall be made by a written effective only after the approval of Landlord, not to be unreasonably withheld or delayed, unless such change order signed by Borrower and General Contractor. Lender's prior written approval shall be required for (a) any single change order or modification which will result in an extension of the completion date of the Project if more than seven (7) days or which will result in an increase or decrease of more than $7,000.00 (or such other amount as Lender may now or hereafter approve in writing) of the direct construction costs specified in the approved Project Budget ("CONSTRUCTION COSTS"), (b) any change order or modification which together with the aggregate of all previous change orders or modifications (whether or not previously approved by Lender) will would result in a net cumulative increase material delay in the completion of the completion date of the Project if more than thirty (30) days or which will result in a net cumulative increase or decrease of more than $30,000.00 (or such other amount as Lender may now or hereafter approve in writing) of the Construction Costs. Borrower will not permit the performance of any work pursuant to any change order unless and until Borrower has received the approval of Lender, if such approval is required pursuant to this paragraph. Borrower shall provide Lender with copies of all change orders and modifications, irrespective of amount, whether or not Lender's prior approval is required pursuant to this paragraph. If a change order is made without Lender's consent and such consent is required pursuant to this paragraph, Lender shall have no obligation to disburse any Funds to pay for costs associated with the change orderbeing done by Contractor.