Common use of Field Change Orders Clause in Contracts

Field Change Orders. If Tenant requests any change to the Tenant Improvements, then Tenant shall submit a written request to Landlord ("Tenant's Request"). After receiving Tenant’s Request, Landlord shall cause its architect to prepare such plans and specifications to incorporate Tenant's Request into the Tenant Improvements and prepare a proposed field change order (“FCO”) as soon as reasonably possible thereafter. The FCO shall set forth all additional charges or credits resulting from Xxxxxx's Request (the "Stipulated Sum"). The Stipulated Sum shall be formulated using the actual cost of the design work and the cost of the work from the subcontractors less any savings attributable to changing the work specified on Exhibit . Landlord shall not proceed with any work that is the subject of a Tenant's Request and detailed in a proposed FCO until Tenant and the State Controller or his designee have approved the FCO in writing. The Tenant and the State Controller or his designee shall have five (5) business days after receipt of an FCO (or a revised FCO, as applicable) to approve the FCO or provide written comments or objections thereto to Landlord. Tenant shall be responsible for any and all delays in construction caused by Xxxxxx’s approved FCO provided that Landlord shall use commercially reasonable efforts and diligently pursue the completion of the work associated with such FCO. Each FCO approved by Tenant will be the sole responsibility of Tenant and shall be due and payable by Tenant within ninety (90) days from the date of receipt by Tenant of Landlord's invoice for such costs, which shall only be issued following Substantial Completion (defined below) of construction of the Tenant Improvements or completion of the work associated with such FCO, whichever is later.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

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Field Change Orders. If Tenant requests shall request any change to in the Tenant Improvementsapproved CDP, Tenant shall request such change in writing to Landlord, and such request shall be accompanied by all information necessary to prepare plans and specifications for such change. If Landlord approves Tenant's requested change, then Tenant shall submit a written request to Landlord ("Tenant's Request"). After after receiving Tenant’s Requestthis information, Landlord shall cause its architect office planner to prepare such plans and specifications to incorporate Tenant's Request into the Tenant Improvements and prepare a proposed field change order ("FCO") as soon as reasonably possible thereafter. The FCO shall set forth all additional charges or credits resulting from Xxxxxx's Request (the "Stipulated Sum"). The Stipulated Sum shall be formulated using the actual cost of the design work and the cost of the work from the subcontractors less any savings attributable to changing the work specified on Exhibit . Landlord shall not be obligated to proceed with any work that is the subject of a Tenant's Request and detailed in which would be affected by a proposed FCO until it is effective or Tenant and the State Controller or his designee have approved withdraws the FCO in writing. The Tenant and the State Controller or his designee shall have five (5) business days after receipt of an FCO (or a revised FCO, as applicable) to approve the FCO or provide written comments or objections thereto to Landlordrequest. Tenant shall be responsible for any and all delays in construction and occupancy caused by Xxxxxx’s approved Tenant's FCO provided that requests. The proposed FCO shall set forth the estimated cost of the changes. The proposed FCO shall be effective only when signed by both Landlord and Tenant, and Tenant has deposited the estimated cost of the changes with Landlord. Landlord shall use commercially reasonable efforts and diligently pursue hold this payment as an additional security deposit. Upon the completion acceptance of the work associated with such Premises by Tenant, this additional security deposit shall be applied to pay the cost of the work. If the actual cost of the change order is more or less than this security deposit then the excess or deficiency shall be refunded or paid at the same time, as the case may be. Even if Tenant fails to approve the proposed FCO, Tenant shall be responsible for the cost of preparing any plans and specifications for the proposed FCO. Each The actual cost, including design and administrative fees, of any FCO approved shall be paid by Tenant will be the sole responsibility of Tenant and shall be due and payable by Tenant within ninety (90) days from on or before the date of receipt by Tenant of Landlord's invoice for such costs, which shall only be issued following Substantial Completion (defined below) of construction of first occupies the Tenant Improvements or completion of Premises unless stated otherwise in the work associated with such FCO, whichever is later.

Appears in 2 contracts

Samples: Lease Agreement (Webridge Inc), Lease Agreement (Planar Systems Inc)

Field Change Orders. If Tenant requests shall request any change to in the Tenant ImprovementsApproved Plans, then Tenant shall submit a written request such change in writing to Landlord ("Tenant's Request")Landlord, and such request shall be accompanied by all information necessary to prepare plans and specifications for such change. After receiving Tenant’s Requestthis information, Landlord shall cause its architect office planner to prepare such plans and specifications to incorporate Tenant's Request into the Tenant Improvements and prepare a proposed field change order ("FCO") as soon as reasonably possible thereafter. The FCO shall set forth all additional charges or credits resulting from Xxxxxx's Request (the "Stipulated Sum"). The Stipulated Sum shall be formulated using the actual cost of the design work and the cost of the work from the subcontractors less any savings attributable to changing the work specified on Exhibit . Landlord shall not be obligated to proceed with any work that is the subject of a Tenant's Request and detailed in which would be affected by a proposed FCO until it is effective or Tenant and the State Controller or his designee have approved withdraws the FCO in writing. The Tenant and the State Controller or his designee shall have five (5) business days after receipt of an FCO (or a revised FCO, as applicable) to approve the FCO or provide written comments or objections thereto to Landlordrequest. Tenant shall be responsible for any and all delays in construction and occupancy caused by Xxxxxx’s approved 's FCO provided that requests. The proposed FCO shall set forth the estimated cost of the changes. The proposed FCO shall be effective only when signed by both Landlord and Tenant, and Xxxxxx has deposited the estimated cost of the changes with Landlord. Landlord shall use commercially reasonable efforts and diligently pursue hold this payment as an additional security deposit. Upon the completion acceptance of the work associated with such Premises by Xxxxxx, this additional security deposit shall be applied to pay the cost of the work. If the actual cost of the change order is more or less than this security deposit then the excess or deficiency shall be refunded or paid at the same time, as the case may be. Even if Xxxxxx fails to approve the proposed FCO, Tenant shall be responsible for the cost of preparing any plans and specifications for the proposed FCO. Each The actual cost, including design and administrative fees, of any FCO approved shall be paid by Tenant will be the sole responsibility of Tenant and shall be due and payable by Tenant within ninety (90) days from on or before the date of receipt by Tenant of Landlord's invoice for such costs, which shall only be issued following Substantial Completion (defined below) of construction of first occupies the Tenant Improvements or completion of Premises unless stated otherwise in the work associated with such FCO, whichever is later.

Appears in 1 contract

Samples: Lease Agreement (Colorado Business Bankshares Inc)

Field Change Orders. If Tenant requests shall request any change to in the Tenant Improvementsapproved CDP, then Tenant shall submit a written request such change in writing to Landlord ("Tenant's Request")Landlord, and such request shall be accompanied by all information necessary to prepare plans and specifications for such change. After receiving Tenant’s Requestthis information, Landlord shall cause its architect office planner to prepare such plans and specifications to incorporate Tenant's Request into the Tenant Improvements and prepare a proposed field change order ("FCO") as soon as reasonably possible thereafter. The FCO shall set forth all additional charges or credits resulting from Xxxxxx's Request (the "Stipulated Sum"). The Stipulated Sum shall be formulated using the actual cost of the design work and the cost of the work from the subcontractors less any savings attributable to changing the work specified on Exhibit . Landlord shall not be obligated to proceed with any work that is the subject of a Tenant's Request and detailed in which would be affected by a proposed FCO until it is effective or Tenant and the State Controller or his designee have approved withdraws the FCO in writing. The Tenant and the State Controller or his designee shall have five (5) business days after receipt of an FCO (or a revised FCO, as applicable) to approve the FCO or provide written comments or objections thereto to Landlord. requests Tenant shall be responsible for any and all delays in construction and occupancy caused by Xxxxxx’s approved Tenant's FCO provided that requests. The proposed FCO shall set forth the estimated cost of the changes. THe proposed FCO shall be effective only when signed by both Landlord and Tenant, and Tenant has deposited the estimated cost of the changes with Landlord. Landlord shall use commercially reasonable efforts and diligently pursue hold this payment as an additional security deposit. Upon the completion acceptance of the work associated with such Premises by Tenant, this additional security deposit shall be applied to pay the cost of the work. If the actual cost of the change order is more or less than this security deposit then the excess or deficiency shall be refunded or paid at the same time, as the case may be. Even if Tenant fails to approve the proposed FCO, Tenant shall be responsible for the cost of preparing any plans and specifications for the proposed FCO. Each The actual cost, including design and administrative fees, of any FCO approved shall be paid by Tenant will be the sole responsibility of Tenant and shall be due and payable by Tenant within ninety (90) days from on or before the date of receipt by Tenant of Landlord's invoice for such costs, which shall only be issued following Substantial Completion (defined below) of construction of first occupies the Tenant Improvements or completion of Premises unless stated otherwise in the work associated with such FCO, whichever is later.

Appears in 1 contract

Samples: Lease Agreement (Virtual Mortgage Network Inc)

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Field Change Orders. If Tenant requests shall request any change to in the Tenant Improvementsapproved CDP, then Tenant shall submit a written request such change in writing to Landlord ("Tenant's Request")Landlord, and such request shall be accompanied by all information necessary to prepare plans and specifications for such change. After receiving Tenant’s Requestthis information, Landlord shall cause its architect office planner to prepare such plans and specifications to incorporate Tenant's Request into the Tenant Improvements and prepare a proposed field change order ("FCO") as soon as reasonably possible thereafter. The FCO shall set forth all additional charges or credits resulting from Xxxxxx's Request (the "Stipulated Sum"). The Stipulated Sum shall be formulated using the actual cost of the design work and the cost of the work from the subcontractors less any savings attributable to changing the work specified on Exhibit . Landlord shall not be obligated to proceed with any work that is the subject of a Tenant's Request and detailed in which would be affected by a proposed FCO until it is effective or the Tenant and the State Controller or his designee have approved withdraws the FCO in writing. The Tenant and the State Controller or his designee shall have five (5) business days after receipt of an FCO (or a revised FCO, as applicable) to approve the FCO or provide written comments or objections thereto to Landlordrequest. Tenant shall be responsible for any and all delays in construction and occupancy caused by Xxxxxx’s approved Tenant's FCO provided that Landlord requests. The proposed FCO shall use commercially reasonable efforts and diligently pursue set forth the completion estimated cost of the work associated with such changes (including design fees). The proposed FCO shall be effective only when signed by both he Landlord and the Tenant. Even if Tenant fails to approve the proposed FCO, Tenant shall be responsible for the cost of preparing any plans and specifications for the proposed FCO. Each The actual cost, including design and administration fees, of any FCO approved shall be paid by Tenant will be the sole responsibility of Tenant and shall be due and payable by Tenant within ninety (90) days from on or before the date of receipt by Tenant of Landlord's invoice for such costs, which shall only be issued following Substantial Completion (defined below) of construction of first occupies the Tenant Improvements or completion of Premises unless stated otherwise in the work associated with such FCO, whichever is later.

Appears in 1 contract

Samples: Partnership Lease Agreement (Preview Systems Inc)

Field Change Orders. If Tenant requests any change to the Tenant Improvements, then Tenant shall submit a written request to Landlord ("Tenant's Request"). After receiving Tenant’s Request, Landlord shall cause its architect to prepare such plans and specifications to incorporate Tenant's Request into the Tenant Improvements and prepare a proposed field change order (“FCO”) as soon as reasonably possible thereafter. The FCO shall set forth all additional charges or credits resulting from Xxxxxx's Request (the "Stipulated Sum"). The Stipulated Sum shall be formulated using the actual cost of the design work and the cost of the work from the subcontractors less any savings attributable to changing the work specified on Exhibit . Landlord shall not proceed with any work that is the subject of a Tenant's Request and detailed in a proposed FCO until Tenant and the State Controller or his designee have approved the FCO in writing. The Tenant and the State Controller or his designee shall have five (5) business days after receipt of an FCO (or a revised FCO, as applicable) to approve the FCO or provide written comments or objections thereto to Landlord. Tenant shall be responsible for any and all delays in construction caused by Xxxxxx’s approved FCO provided that Landlord shall use commercially reasonable efforts and diligently pursue the completion of the work associated with such FCO. Each FCO approved by Tenant Xxxxxx will be the sole responsibility of Tenant and shall be due and payable by Tenant within ninety (90) days from the date of receipt by Tenant of Landlord's invoice for such costs, which shall only be issued following Substantial Completion (defined below) of construction of the Tenant Improvements or completion of the work associated with such FCO, whichever is later.

Appears in 1 contract

Samples: Lease Agreement

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