Contractor Fixed Price; Estimated Total Cost; Estimated Increment Schedule Clause Samples

Contractor Fixed Price; Estimated Total Cost; Estimated Increment Schedule. If Tenant requests in writing that a particular increment be considered for inclusion in the Additional Landlord Work, and Landlord, in its sole discretion, agrees to consider such inclusion in the Additional Landlord Work (although Landlord has already agreed to process Tenant’s request with regard to the Initially Contemplated Increments, as provided in Paragraph a, above), Landlord shall use good faith efforts to promptly obtain from Landlord’s general contractor a commercially reasonable fixed price for the particular increment (the “Contractor Fixed Price”), which Contractor Fixed Price may be implemented in the form of a change order to Landlord’s original construction contract with Landlord’s general contractor for Landlord’s Work. Tenant shall provide Landlord with any and all information regarding the requested increment of Additional Landlord Work reasonably required by Landlord to solicit the Contractor Fixed Price. The parties acknowledge that Landlord will likely incur Design Costs (as defined below) and permit costs in order to obtain the Contractor Fixed Price. Landlord shall endeavor to deliver the Contractor Fixed Price to Tenant within a reasonable time following the date Landlord received from Tenant Tenant’s written request to consider the subject increment and all information required for Landlord to obtain the Contractor Fixed Price for that increment. Concurrently with the delivery of the Contractor Fixed Price to Tenant, Landlord shall deliver to Tenant Landlord’s reasonable estimate of (i) the design costs (which design costs shall include, without limitation, the cost of preparing plans and specifications and construction documents and the cost of compiling any other data or information required to obtain building permits or other governmentally required approvals for the performance of the increment, including approvals from the Historical Preservation Commission (such design costs being referred to collectively as “Design Costs”)), (ii) permit fees, (iii) the Construction Management Fee, (iv) a “contingency” component and (v) any other costs that Landlord reasonably estimates will be incurred by Landlord in the performance of the subject increment of the Additional Landlord Work, including, supporting documentation, if applicable. (The Contractor Fixed Price for a particular increment, together with the other costs referenced in the immediately preceding sentence as to such increment, are referred to collectively hereinafter as ...