Common use of Construction Pricing Proposal Clause in Contracts

Construction Pricing Proposal. Landlord shall invite no fewer than three (3) qualified general contractors (one of which shall be ▇▇▇▇▇▇▇▇ Construction) that are willing to agree to Landlord’s requirements and to execute Landlord’s standard form of construction agreement to bid on the reasonable cost of performing the Tenant Improvement Work pursuant to the Approved Construction Drawings (defined below). If Landlord determines that a particular bidder has submitted a bid that is wholly or partially unresponsive to Landlord’s bid package requirements and inquiries, then (1) Landlord may disregard such bidder and (2) such bid shall not be taken into consideration for purposes of this Work Letter. After adjustment for inconsistent qualifications, clarifications and exclusions, the lowest of the bidders shall be identified as the “Contractor” and copies of such lowest bid (the “Construction Pricing Proposal”) shall be provided to Tenant. Such Construction Pricing Proposal shall be submitted to Tenant within 10 business days after the Approved Construction Drawings are approved by Landlord and Tenant. Tenant shall provide Landlord with notice approving or disapproving the Construction Pricing Proposal. If Tenant disapproves the Construction Pricing Proposal, Tenant’s notice of disapproval shall be accompanied by proposed revisions to the Approved Construction Drawings and/or the Approved Additional Programming Information that Tenant requests in order to resolve its objections to the Construction Pricing Proposal, and Landlord shall respond as required under Section 2.7 below. Such procedure shall be repeated as necessary until the Construction Pricing Proposal is approved by Tenant; provided, however, that such procedure shall not require Landlord to re-bid the cost of performing the Tenant Improvement Work to any party and instead the Contractor shall just provide a reasonably revised Construction Pricing Proposal. Upon Tenant’s approval of the Construction Pricing Proposal, Landlord may purchase the items set forth in the Construction Pricing Proposal and begin construction relating to such items.

Construction Pricing Proposal. A. Within 15 business days after the Construction Drawings are approved by Landlord and Tenant, Landlord shall invite no fewer than three (3i) solicit from the Eligible Contractors (defined below) qualified general contractors (one of which shall be ▇▇▇▇▇▇▇▇ Construction) that are willing as reasonably determined by Landlord), competitive bids to agree to Landlord’s requirements and to execute Landlord’s standard form of construction agreement to bid on the reasonable cost of performing perform the Tenant Improvement Work pursuant to the Approved Construction Drawings (defined below“Qualified Bids”), (ii) provide Tenant with copies of the Qualified Bids received, and (iii) provide Tenant with Landlord’s reasonable estimates (“Qualified Construction Pricing Proposals”) of the cost of all Allowance Items to be incurred by Tenant in connection with the performance of the Tenant Improvement Work, based upon (other than with respect to soft costs) such received Qualified Bids. If Landlord determines At Landlord’s option, the Qualified Bids may be based upon the assumption that a particular bidder has submitted a bid that is wholly or partially unresponsive the Tenant Improvement Work will be performed pursuant to Landlord’s bid package requirements standard form of “guaranteed maximum price” contract. As used herein, “Eligible Contractor” means Warner Constructors, Inc., Corporate Contractors, Inc., ▇▇▇▇▇▇▇ Constructors, Inc., Interscape Construction, or any other licensed, reputable general contractor that may be selected by Landlord and inquiriesreasonably approved by Tenant. Tenant shall provide Landlord with notice selecting, then (1) Landlord may disregard such bidder and (2) such bid shall not be taken into consideration for purposes of this Work Letter. After adjustment for inconsistent qualifications, clarifications and exclusionsfrom among the Eligible Contractors that have submitted Qualified Bids, the lowest of Eligible Contractor that Tenant wishes to perform the bidders Tenant Improvement Work. The Eligible Contractor so selected by Tenant shall be identified referred to herein as the “Contractor” and copies of such lowest bid (”. B. In addition to selecting the “Construction Pricing Proposal”) shall be provided to Tenant. Such Construction Pricing Proposal shall be submitted to Tenant within 10 business days after the Approved Construction Drawings are approved by Landlord and Tenant. Contractor, Tenant shall provide Landlord with notice approving or disapproving the Qualified Construction Pricing Proposal that was based upon the Qualified Bid provided by the Contractor (the “Construction Pricing Proposal”). If Tenant disapproves the Construction Pricing Proposal, Tenant’s notice of disapproval shall be accompanied by proposed revisions to the Approved Construction Drawings and/or the Approved Additional Programming Information that Tenant requests in order to resolve its objections to the Construction Pricing Proposal, and Landlord shall respond as required under Section 2.7 2.8 below. Such procedure shall be repeated as necessary until the Construction Pricing Proposal is approved by Tenant; provided, however, that such procedure shall not require Landlord to re-bid the cost of performing the Tenant Improvement Work to any party and instead the Contractor shall just provide a reasonably revised Construction Pricing Proposal. Upon Tenant▇▇▇▇▇▇’s approval of the Construction Pricing Proposal, Landlord may purchase the items set forth in the Construction Pricing Proposal and begin construction relating to such items. C. Notwithstanding any contrary provision hereof, if, in Landlord’s good faith judgment, the Contractor is or becomes unable or unwilling to timely perform the Tenant Improvement Work as contemplated by this Work Letter in accordance with the terms and conditions of Landlord’s standard form of construction contract (which, at Landlord’s option, may be a guaranteed maximum price contract), Landlord may so notify Tenant, in which event (i) Tenant, within three (3) business days after receiving such notice, shall provide Landlord with notice selecting a new Contractor from among the remaining Eligible Contractors that have submitted Qualified Bids, and (ii) Section 2.6.1.B above shall apply as if such new Contractor had been selected by Tenant as the Contractor pursuant to Section 2.6.1.A above in the first instance.

Construction Pricing Proposal. Within 15 business days after the Construction Drawings are approved by Landlord and Tenant, Landlord shall invite no fewer than three (3i) solicit from the Eligible Contractors (defined below) qualified general contractors (one of which shall be ▇▇▇▇▇▇▇▇ Construction) that are willing as reasonably determined by Landlord), competitive bids to agree to Landlord’s requirements and to execute Landlord’s standard form of construction agreement to bid on the reasonable cost of performing perform the Tenant Improvement Work pursuant to the Approved Construction Drawings (defined below“Qualified Bids”), (ii) provide Tenant with copies of the Qualified Bids received, and (iii) provide Tenant with Landlord’s reasonable estimates (“Qualified Construction Pricing Proposals”) of the cost of all Allowance Items to be incurred by Tenant in connection with the performance of the Tenant Improvement Work, based upon (other than with respect to soft costs) such received Qualified Bids. If Landlord determines At Landlord’s option, the Qualified Bids may be based upon the assumption that a particular bidder has submitted a bid that is wholly or partially unresponsive the Tenant Improvement Work will be performed pursuant to Landlord’s bid package requirements and inquiriesstandard form of “guaranteed maximum price” contract. As used herein, then (1) Landlord may disregard such bidder and (2) such bid shall not be taken into consideration for purposes of this Work Letter. After adjustment for inconsistent qualifications, clarifications and exclusions, the lowest of the bidders shall be identified as the “Eligible Contractor” means Warner Constructors, Inc., Corporate Contractors, Inc., ▇▇▇▇▇▇▇ Constructors, Inc., Interscape Construction, or any other licensed, reputable general contractor that may be selected by Landlord and copies of such lowest bid (the “Construction Pricing Proposal”) shall be provided to reasonably approved by Tenant. Such Construction Pricing Proposal shall be submitted to Tenant within 10 Within five (5) business days after receiving the Approved Qualified Bids and the Qualified Construction Drawings are approved by Landlord and Tenant. Proposals, Tenant shall provide Landlord with notice approving or disapproving selecting, from among the Construction Pricing Proposal. If Tenant disapproves Eligible Contractors that have submitted Qualified Bids, the Construction Pricing Proposal, Tenant’s notice of disapproval shall be accompanied by proposed revisions to the Approved Construction Drawings and/or the Approved Additional Programming Information Eligible Contractor that Tenant requests in order wishes to resolve its objections to the Construction Pricing Proposal, and Landlord shall respond as required under Section 2.7 below. Such procedure shall be repeated as necessary until the Construction Pricing Proposal is approved by Tenant; provided, however, that such procedure shall not require Landlord to re-bid the cost of performing perform the Tenant Improvement Work Work. The Eligible Contractor so selected by Tenant shall be referred to any party and instead herein as the Contractor shall just provide a reasonably revised Construction Pricing Proposal. Upon Tenant’s approval of the Construction Pricing Proposal, Landlord may purchase the items set forth in the Construction Pricing Proposal and begin construction relating to such items“Contractor”.

Construction Pricing Proposal. A. Within 15 business days after the Construction Drawings are approved by Landlord and Tenant, Landlord shall invite no fewer than three (3i) solicit from the Eligible Contractors (defined below) qualified general contractors (one of which shall be ▇▇▇▇▇▇▇▇ Construction) that are willing as reasonably determined by Landlord), competitive bids to agree to Landlord’s requirements and to execute Landlord’s standard form of construction agreement to bid on the reasonable cost of performing perform the Tenant Improvement Work pursuant to the Approved Construction Drawings (defined below“Qualified Bids”), (ii) provide Tenant with copies of the Qualified Bids received, and (iii) provide Tenant with Landlord’s reasonable estimates (“Qualified Construction Pricing Proposals”) of the cost of all Allowance Items to be incurred .by Tenant in connection with the performance of the Tenant Improvement Work, based upon (other than with respect to soft costs) such received Qualified Bids. If Landlord determines At Landlord’s option, the Qualified Bids may be based upon the assumption that a particular bidder has submitted a bid that is wholly or partially unresponsive the Tenant Improvement Work will be performed pursuant to Landlord’s bid package requirements standard form of “guaranteed maximum price” contract. As used herein, “Eligible Contractor” means Warner Constructors, Inc., Corporate Contractors, Inc., ▇▇▇▇▇▇▇ Constructors, Inc., Interscape Construction, or any other licensed, reputable general contractor that may be selected by Landlord and inquiriesreasonably approved by Tenant. Tenant shall provide Landlord with notice selecting, then (1) Landlord may disregard such bidder and (2) such bid shall not be taken into consideration for purposes of this Work Letter. After adjustment for inconsistent qualifications, clarifications and exclusionsfrom among the Eligible Contractors that have submitted Qualified Bids, the lowest of Eligible Contractor that Tenant wishes to perform the bidders Tenant Improvement Work. The Eligible Contractor so selected by Tenant shall be identified referred to herein as the “Contractor” and copies of such lowest bid (”. B. In addition to selecting the “Construction Pricing Proposal”) shall be provided to Tenant. Such Construction Pricing Proposal shall be submitted to Tenant within 10 business days after the Approved Construction Drawings are approved by Landlord and Tenant. Contractor, Tenant shall provide Landlord with notice approving or disapproving the Qualified Construction Pricing Proposal that was based upon the Qualified Bid provided by the Contractor (the “Construction Pricing Proposal”). If Tenant disapproves the Construction Pricing Proposal, Tenant’s notice of disapproval shall be accompanied by proposed revisions to the Approved Construction Drawings and/or the Approved Additional Programming Information that Tenant requests in order to resolve its objections to the Construction Pricing Proposal, and Landlord shall respond as required under Section 2.7 2.8 below. Such procedure shall be repeated as necessary until the Construction Pricing Proposal is approved by Tenant; provided, however, that such procedure shall not require Landlord to re-bid the cost of performing the Tenant Improvement Work to any party and instead the Contractor shall just provide a reasonably revised Construction Pricing Proposal. Upon Tenant▇▇▇▇▇▇’s approval of the Construction Pricing Proposal, Landlord may purchase the items set forth in the Construction Pricing Proposal and begin construction relating to such items. C. Notwithstanding any contrary provision hereof, if, in Landlord’s good faith judgment, the Contractor is or becomes unable or unwilling to timely perform the Tenant Improvement Work as contemplated by this Work Letter in accordance with the terms and conditions of Landlord’s standard form of construction contract (which, at Landlord’s option, may be a guaranteed maximum price contract), Landlord may so notify Tenant, in which event (i) Tenant, within three (3) business days after receiving such notice, shall provide Landlord with notice selecting a new Contractor from among the remaining Eligible Contractors that have submitted Qualified Bids, and (ii) Section 2.6.1.13 above shall apply as if such new Contractor had been selected by Tenant as the Contractor pursuant to Section 2.6.1.A above in the first instance.

Construction Pricing Proposal. A. Within 15 business days after the Construction Drawings are approved by Landlord and Tenant, Landlord shall invite no fewer than three (3i) solicit from the Eligible Contractors (defined below) qualified general contractors (one of which shall be ▇▇▇▇▇▇▇▇ Construction) that are willing as reasonably determined by Landlord), competitive bids to agree to Landlord’s requirements and to execute Landlord’s standard form of construction agreement to bid on the reasonable cost of performing perform the Tenant Improvement Work pursuant to the Approved Construction Drawings (defined below“Qualified Bids”), (ii) provide Tenant with copies of the Qualified Bids received, and (iii) provide Tenant with Landlord’s reasonable estimates ( “Qualified Construction Pricing Proposals”) of the cost of all Allowance Items to be incurred by Tenant in connection with the performance of the Tenant Improvement Work, based upon (other than with respect to soft costs) such received Qualified Bids. If Landlord determines At Landlord’s option, the Qualified Bids may be based upon the assumption that a particular bidder has submitted a bid that is wholly or partially unresponsive the Tenant Improvement Work will be performed pursuant to Landlord’s bid package requirements and inquiriesstandard form of “guaranteed maximum price” contract. As used herein, then (1) Landlord may disregard such bidder and (2) such bid shall not be taken into consideration for purposes of this Work Letter. After adjustment for inconsistent qualifications, clarifications and exclusions, the lowest of the bidders shall be identified as the “Eligible Contractor” means Esplanade Builders Inc., Warner Constructors, Inc., Corporate Contractors, Inc., ▇▇▇▇▇▇▇ Constructors, Inc., Interscape Construction, or any other licensed, reputable general contractor that may be selected by Landlord and copies of such lowest bid (the “Construction Pricing Proposal”) shall be provided to reasonably approved by Tenant. Such Construction Pricing Proposal shall be submitted to Tenant within 10 Within five (5) business days after receiving the Approved Qualified Bids and the Qualified Construction Drawings are approved by Landlord and Tenant. Proposals, Tenant shall provide Landlord with notice approving or disapproving selecting, from among the Construction Pricing Proposal. If Tenant disapproves Eligible Contractors that have submitted Qualified Bids, the Construction Pricing Proposal, Tenant’s notice of disapproval shall be accompanied by proposed revisions to the Approved Construction Drawings and/or the Approved Additional Programming Information Eligible Contractor that Tenant requests in order wishes to resolve its objections to the Construction Pricing Proposal, and Landlord shall respond as required under Section 2.7 below. Such procedure shall be repeated as necessary until the Construction Pricing Proposal is approved by Tenant; provided, however, that such procedure shall not require Landlord to re-bid the cost of performing perform the Tenant Improvement Work Work. The Eligible Contractor so selected by Tenant shall be referred to any party and instead herein as the Contractor shall just provide a reasonably revised Construction Pricing Proposal. Upon Tenant’s approval of the Construction Pricing Proposal, Landlord may purchase the items set forth in the Construction Pricing Proposal and begin construction relating to such items“Contractor”.