Common use of Competitive Bid Process Clause in Contracts

Competitive Bid Process. Unless Tenant timely delivers the Negotiated Bid Notice in accordance with Section 3.2.3, below, Landlord shall prepare a bid analysis of the bids timely submitted by the Bidding TI Contractors and distribute such bid analysis to Tenant promptly following receipt of bids. Within five (5) business days after providing Tenant with the bid analysis report for the Bidding TI Contractors, Landlord and Tenant shall endeavor to jointly select a TI Contractor from among the Bidding TI Contractors based upon the competitive bids received by Landlord and Tenant pursuant to this Section 3.2 of this Tenant Work Letter; provided that (i) any failure by Tenant to reasonably participate in such process shall be a Tenant Delay; and (ii) any failure by Landlord to reasonably participate in such process shall be a Landlord Delay. Notwithstanding the foregoing, if Landlord and Tenant fail to agree on a TI Contractor from among the Bidding TI Contractors within such five (5) business day period following Tenant's receipt of Landlord's bid analysis, Tenant shall be permitted to select the Contractor from among the Bidding TI Contractors in Tenant's sole discretion provided such Bidding TI Contractor agrees to comply with the Project Schedule. The competitive bid of the Bidding TI Contractors selected pursuant to this Section 3.2.2, or the negotiated bid selected by Tenant pursuant to Section 3.2.3 below, as applicable, shall be documented as a written proposal from the Bidding TI Contractor for the cost of completing the Landlord's TI Work on a guaranteed maximum price basis, based upon the Approved TI Drawings and shall include a detailed line item breakdown of all costs included in the completion of the Landlord's TI Work, including the Contractor's fee, overhead, general conditions and insurance.

Competitive Bid Process. Unless Tenant timely delivers the Negotiated Bid Notice in accordance with Section 3.2.34.1.3, below, Landlord shall prepare a bid analysis of the bids timely submitted by the Bidding TI Contractors and distribute such bid analysis to Tenant promptly following receipt of bids. Within five (5) business days after providing Tenant with the bid analysis report for the Bidding TI Contractors, Landlord and Tenant shall endeavor to jointly select a TI Contractor from among the Bidding TI Contractors based upon the competitive bids received by Landlord and Tenant pursuant to this Section 3.2 4.1 of this Tenant Work Letter; provided that (i) any failure by Tenant to reasonably participate in such process shall be a Tenant Delay; and (ii) any failure by Landlord to reasonably participate in such process shall be a Landlord Delay. Notwithstanding the foregoing, if Landlord and Tenant fail to agree on a TI Contractor from among the Bidding TI Contractors within such five (5) business day period following Tenant's ’s receipt of Landlord's bid analysis, Tenant shall be permitted to select the Contractor from among the Bidding TI Contractors in Tenant's ’s sole discretion provided such Bidding TI Contractor agrees to comply with the Project Schedule. The competitive bid of the Bidding TI Contractors selected pursuant to this Section 3.2.24.1.2, or the negotiated bid selected by Tenant pursuant to Section 3.2.3 4.1.3 below, as applicable, shall be documented as a written proposal from the Bidding TI Contractor for the cost of completing the Landlord's TI Work construction of the Tenant Improvements on a guaranteed maximum price basis, based upon the Approved TI Working Drawings and shall include a detailed line item breakdown of all costs included in the completion of the Landlord's TI Workconstruction of the Tenant Improvements, including the Contractor's ’s fee, overhead, general conditions and insurance.

Competitive Bid Process. Unless Tenant timely delivers the Negotiated Bid Notice in accordance with Section 3.2.33.1.3, below, Landlord shall prepare a bid analysis of the bids timely submitted by the Bidding TI BB Contractors and distribute such bid analysis to Tenant promptly following receipt of bids. Within five (5) business days after providing Tenant with the bid analysis report for the Bidding TI BB Contractors, Landlord and Tenant shall endeavor to jointly select a TI Base Building Contractor from among the Bidding TI BB Contractors based upon the competitive bids received by Landlord and Tenant pursuant to this Section 3.2 of this Tenant Work Letter; provided that (i) any failure by Tenant to reasonably participate in such process shall be a Tenant Delay; and (ii) any failure by Landlord to reasonably participate in such process shall be a Landlord Delay. Notwithstanding the foregoing, if Landlord and Tenant fail to agree on a TI Base Building Contractor from among the Bidding TI BB Contractors within such five (5) business day period following Tenant's receipt of Landlord's bid analysis, Tenant shall be permitted to select the Base Building Contractor from among the Bidding TI BB Contractors in Tenant's sole discretion provided such Bidding TI BB Contractor agrees to comply with the Project Schedule. The competitive bid of the Bidding TI BB Contractors selected pursuant to this Section 3.2.23.1.2, or the negotiated bid selected by Tenant pursuant to Section 3.2.3 3.1.3 below, as applicable, shall be documented as a written proposal from the Bidding TI BB Contractor for the cost of completing the Landlord's TI Base Building Work on a guaranteed maximum price basis, based upon the Approved TI Base Building Drawings and shall include a detailed line item breakdown of all costs included in the completion of the Landlord's TI Base Building Work, including the Contractor's fee, overhead, general conditions and insurance.

Competitive Bid Process. Unless Tenant timely delivers the Negotiated Bid Notice in accordance with Section 3.2.33.1.3, below, Landlord shall prepare a bid analysis of the bids timely submitted by the Bidding TI Contractors and distribute such bid analysis to Tenant promptly following receipt of bids. Within five (5) business days after providing Tenant with the bid analysis report for the Bidding TI Contractors, Landlord and Tenant shall endeavor to jointly select a TI the SMB Contractor from among the Bidding TI Contractors based upon the competitive bids received by Landlord and Tenant pursuant to this Section 3.2 of this Tenant Work Letter; provided that (i) any failure by Tenant to reasonably participate in such process shall be a Tenant Delay; and (ii) any failure by Landlord to reasonably participate in such process shall be a Landlord Delaydeemed Landlord's consent to the SMB Contractor selected by Tenant from among the competitive bids submitted by the Bidding Contractors. Notwithstanding the foregoing, if Landlord and Tenant fail to agree on a TI Contractor from among the Bidding TI Contractors within such five (5) business day period following Tenant's receipt of Landlord's bid analysis, Tenant shall be permitted to select the SMB Contractor from among the Bidding TI Contractors in Tenant's sole discretion provided that such Bidding TI Contractor agrees to comply with a Project Schedule that provides for Substantial Completion of the Project ScheduleSite Modernization/Beautification Improvements no later than December 31, 2020 (provided that in no event shall the SMB Rent Commencement Date be beyond January 1, 2020). The competitive bid of the Bidding TI Contractors selected pursuant to this Section 3.2.23.1.2, or the negotiated bid selected by Tenant pursuant to Section 3.2.3 3.1.3 below, as applicable, shall be documented as a written proposal from the Bidding TI Contractor for the cost of completing the Landlord's TI Work Site Modernization/Beautification Improvements on a guaranteed maximum price basis, based upon the Approved TI Drawings SMB Plans and shall include a detailed line item breakdown of all costs included in the completion of the Landlord's TI WorkSite Modernization/Beautification Improvements, including the SMB Contractor's fee, overhead, general conditions and insurance.