Common use of Changes to Plans Clause in Contracts

Changes to Plans. The Borrower must obtain the Lender's prior written approval of any material change in the plans and specifications for the Improvements approved by the Lender and also of any change in any work or materials for the Improvements which exceed an amount individually of Fifteen Thousand and No One- Hundredths Dollars ($15,000.00) or Forty Thousand and No One-Hundredths Dollars ($40,000.00) collectively. The Improvements shall be completed in compliance with such plans and specifications. In the event that changes are made to the plans and specifications which decrease the gross square footage of the Improvements, Borrower must obtain a new appraisal of the Property and the Loan amount will be adjusted as necessary to meet a 75% loan-to-value ratio. In addition, if construction of the Improvements is being accomplished under one or more general contracts, the Borrower must obtain the Lender's prior written approval of such contracts. The Borrower must also obtain all approvals of any changes in plans, specifications, work, materials or contracts that are required by law, or under any lease, loan commitment or other agreement relating to the Property. The Lender will have a reasonable time to evaluate any requests for its approval of any changes referred to in this paragraph, and will not be required to consider approving any changes unless all other approvals that are required from other parties have been obtained. Lender will be deemed to have approved if it fails to respond within ten (10) working days after Lender receives all information requested by Lender relating to such changes or if it fails to include a reasonable statement of its reasons with its disapproval. If it reasonably appears to the Lender that any change may increase the total cost of completing the Improvements, the Lender may require the Borrower to deposit additional Borrower Construction Funds sufficient to cover the increased costs as

Changes to Plans. The Borrower must obtain Tenant shall have the Lender's prior written approval of any material change in the right to request Change Orders. Any such request for a Change Order shall be made only by Tenant’s Representative. All such changes initiated by Tenant’s Representative shall be forwarded to Landlord and accompanied by plans and specifications for the Improvements approved by the Lender therefor and also of any change in any work or materials for the Improvements which exceed an amount individually of Fifteen Thousand and No One- Hundredths Dollars ($15,000.00) or Forty Thousand and No One-Hundredths Dollars ($40,000.00) collectively. The Improvements shall be completed in compliance with such plans and specificationssubject to a Landlord’s Review Period subject to Landlord’s Review Standard. In the event that changes are made Landlord shall approve any such Change Order, then Landlord, within two (2) Business Days thereafter, shall request the Landlord’s Contractor to price the plans and specifications which decrease the gross square footage cost of the Improvementsrequested Change Orders and state the number of additional days, Borrower must obtain a new appraisal if any, needed to incorporate the Change Order into the Construction Schedule of the Property and Tenant’s Improvements. Landlord will price the Loan amount will be adjusted cost of any requested Change Order as necessary to meet a 75% loan-to-value ratio. In additionquickly as reasonably possible, if construction of the Improvements is being accomplished under one but such pricing process shall not take more than five (5) Business Days for Change Orders involving less than $50,000 or more general contracts, the Borrower must obtain the Lender's prior written approval of such contracts. The Borrower must also obtain all approvals of any changes in plans, specifications, work, materials or contracts that are required by law, or under any lease, loan commitment or other agreement relating to the Property. The Lender will have a reasonable time to evaluate any requests for its approval of any changes referred to in this paragraph, and will not be required to consider approving any changes unless all other approvals that are required from other parties have been obtained. Lender will be deemed to have approved if it fails to respond within than ten (10) working days after Lender receives all information requested by Lender relating Business Days for Change Orders involving greater than $50,000; provided, however, such five (5) or ten (10) Business Day period, as the case may be, shall not commence until Tenant has delivered to Landlord reasonably sufficient quantities of plans and specifications to allow Landlord to distribute the same to any subcontractors or vendors required to price such changes or if it fails to include a reasonable statement of its reasons with its disapprovalChange Order. If it reasonably appears The price and revision to the Lender that any change may increase Construction Schedule, once received and approved by Landlord will be submitted to Tenant’s Representative for approval, together with appropriate detailed back-up information, including, without limitation, the total subcontractor bids and a break down of all labor, materials, profit and overhead (which profit and overhead shall not exceed 7% of the cost of completing labor and materials) involved in the ImprovementsChange Order to enable Tenant’s Representative to properly evaluate the price and schedule. Upon receipt of such information, the Lender may require Tenant’s Representative shall have five (5) Business Days within which to approve or object such proposed Change Order. In the Borrower event the Tenant’s Representative and Landlord reach agreement on a Change Order, to deposit additional Borrower the extent such Change Order affects the critical path of the Construction Funds sufficient to cover Schedule, the increased costs asConstruction Schedule shall be revised, and if there is an increase in the number of days of the Construction Schedule’s critical path, then such days shall be deemed a Tenant Delay.

Changes to Plans. The Borrower must obtain Landlord shall have the Lender's prior written approval of right to approve any material change in changes (the plans and specifications for “Approvable Changes”) to the Improvements approved by Approved Construction Documents, which approval shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the Lender and also of any change in any work or materials for foregoing, the Improvements which exceed an amount individually of Fifteen Thousand and No One- Hundredths Dollars ($15,000.00) or Forty Thousand and No One-Hundredths Dollars ($40,000.00) collectively. The Improvements following shall be completed in compliance with such plans and specifications. In excluded from the event that changes are made to the plans and specifications which decrease the gross square footage definition of the Improvements, Borrower must obtain a new appraisal of the Property and the Loan amount will be adjusted as necessary to meet a 75% loan-to-value ratio. In addition, if construction of the Improvements is being accomplished under one or more general contracts, the Borrower must obtain the Lender's prior written approval of such contracts. The Borrower must also obtain all approvals of “Approvable Changes”: (A) any changes in plans, specifications, work, materials or contracts that are required by lawto comply with Legal Requirements (as such term is defined herein), (B) any changes resulting from implementation of alternatives or under qualified substitutions as described in the Approved Construction Documents, (C) any leasechanges related to further development of the Approved Construction Documents consistent with previously approved versions of the same, loan commitment and (D) minor changes to reflect field conditions or other agreement relating unforeseen conditions (collectively, the “Permitted Changes”). If Tenant desires to make an Approvable Change to the Property. The Lender will have Initial Improvements that is not a reasonable time to evaluate any requests for its Permitted Change, then Tenant shall promptly notify Landlord of the change and request Xxxxxxxx’s approval of any changes referred to in this paragraph, and will not be required to consider approving any changes unless all other approvals that are required from other parties have been obtainedthe same. Lender will be deemed to have approved if it fails to respond within Within ten (10) working days after Lender receives all information delivery of such notice to Landlord, Landlord shall notify Tenant whether it approves such change, or, if not, the revisions required to be made by Tenant. Landlord shall not unreasonably withhold, condition or delay any approval of a requested by Lender relating to change and shall cooperate with Tenant in approving such changes or if it fails necessary to include satisfy Tenant’s schedule. Payment and Performance Bond. Simultaneously with the execution of this Lease, Tenant shall deliver to Landlord, in form and substance reasonably satisfactory to Landlord, payment and performance bonds of a reasonable statement surety company licensed to do business in the Commonwealth of its reasons Massachusetts, naming the Tenant’s general contractor, Tenant, the Guarantor (as such term is defined therein)) and Landlord as co-obligees, as their respective interests may appear (each such bond, a “Payment and Performance Bond”), to be in the amount of the entire contract sum of Tenant’s contract with its disapprovalmajor subcontractors having a contract sum in excess of ______________ for the Initial Improvements. If it reasonably appears Tenant’s obligation to provide Payment and Performance Bond(s) as required under this Section 3.9 shall apply for the Lender that any change may increase duration of construction of the total cost of completing the Initial Improvements, including all design services and construction work associated with the Lender may require the Borrower Intial Improvements. - RENT [To be revised based on response to deposit additional Borrower Construction Funds sufficient to cover the increased costs asrfp] Base Rent.

Changes to Plans. The Borrower must obtain Tenant shall have the Lenderright to request that ---------------- Landlord make changes to the Plans (a "Change Order"), which requests shall be in a writing delivered to Landlord and shall not be unreasonably denied; provided, however, that the incremental increase or decrease of the overall costs of constructing the Improvements directly attributable to a Change Order shall be reflected increasing or decreasing the rent payable under this Lease. (Amount of Cost Increase or Cost Decrease) x (1.09) x *(.0954) = -------------------------------------------------------------- (12) (Amount to be Added to or Subtracted from Tenant's prior written approval of any material change Monthly Rent) In the event a Change Order results in the plans total square footage of the Building as set forth in subparagraph 4(a) hereof, being increased or decreased, such square footage and specifications for the Improvements approved by the Lender and also of any change in any work or materials for the Improvements which exceed an amount individually of Fifteen Thousand and No One- Hundredths Dollars ($15,000.00) or Forty Thousand and No One-Hundredths Dollars ($40,000.00) collectively. The Improvements Rent payable hereunder shall be completed proportionately adjusted. Anything herein to the contrary notwithstanding, in compliance with the event the additional work contemplated by a Change Order will result in a delay in completing a Key Task or Benchmark Task, Landlord, within ten (10) days after receipt of the Change Order, will notify Tenant of such plans in a writing specifying the Key Task or Benchmark Task which will be delayed and specificationsthe anticipated length of the delay. Tenant shall have five (5) days following receipt of Landlord's notification in which to either, at Tenant's option, (i) rescind in writing the Change Order, (ii) dispute in writing anticipated length of delay set forth in Landlord's notification, in which event Landlord and Tenant shall have five (5) additional days in which to arrive at a mutually agreeable length of anticipated delay and, failing such mutual agreement, the anticipated length of delay shall be determined pursuant to the arbitration provisions of Paragraph 29 herein, (provided however, that construction under the Change Order shall commence immediately and shall not await determination of the length of delay under this subparagraph 2(h), or (iii) approve the length of the anticipated delay. In the event that changes are made to the plans and specifications which decrease the gross square footage Tenant does not notify Landlord of the ImprovementsTenant's election with five (5) days after receipt of Landlord's notification of anticipated delay, Borrower must obtain a new appraisal of the Property and the Loan amount will be adjusted as necessary to meet a 75% loan-to-value ratio. In addition, if construction of the Improvements is being accomplished under one or more general contracts, the Borrower must obtain the Lender's prior written approval of such contracts. The Borrower must also obtain all approvals of any changes in plans, specifications, work, materials or contracts that are required by law, or under any lease, loan commitment or other agreement relating to the Property. The Lender will have a reasonable time to evaluate any requests for its approval of any changes referred to in this paragraph, and will not be required to consider approving any changes unless all other approvals that are required from other parties have been obtained. Lender will Tenant shall be deemed to have approved if it fails the anticipate length of delay * This rate is subject to respond equitable adjustment in the event the Change Order results in any special additions to the Parcel 1 Improvements not contemplated by the Plans and not practically capable of amortization as provided for herein. Any disputes regarding any such adjustment or the need therefore, shall be settled pursuant to the arbitration provisions of Paragraph 29 hereof. specified therein; in which event completion of the Key Task or Benchmark Task shall be deemed to be delayed as specified by Landlord. In the event Landlord does not notify Tenant of any anticipated delay within ten (10) working days after Lender receives all information requested by Lender relating to receipt of a Change Order, it shall be conclusively deemed that such changes Change Order will not result in delay in completing a Key Task or if it fails to include a reasonable statement of its reasons with its disapproval. If it reasonably appears to the Lender that any change may increase the total cost of completing the Improvements, the Lender may require the Borrower to deposit additional Borrower Construction Funds sufficient to cover the increased costs asBenchmark Task.