Common use of Final Pricing Clause in Contracts

Final Pricing. Promptly after completion of the bidding process, Landlord shall obtain a not-to-exceed (i.e. guaranteed maximum price) quotation for construction of the Tenant Improvements (including specification of the Contractor’s and subcontractors’ ▇▇▇▇-ups for change in scope change orders), which quotation shall be based upon Tenant’s selection of bids for the major trades as provided in (ii) above. Landlord shall notify Tenant in writing of (i) the total costs of the construction of the Tenant Improvements (which shall include an estimate of Landlord’s charges for any security or special elevator usage anticipated in connection with the Tenant Improvements) (the “Total Cost”), and (ii) the portion of the Total Cost, if any, which is in excess of Landlord’s Allowance (“Tenant’s Cost”). If the Landlord’s Allowance is greater than the Total Cost, then, within five (5) business days of Tenant’s receipt of the notice setting forth the Total Cost, Tenant shall submit to Landlord a statement of other costs that it has incurred toward which the Landlord’s Allowance may be applied as set forth in Paragraph 3(a) hereof. Landlord shall not receive any discount, refund, inducement, benefit or payment from any contractor or subcontractor with respect to the Tenant Improvements that is not passed along to or applied for the benefit of Tenant.

Final Pricing. Promptly after completion of the bidding process, Landlord shall obtain a not-to-exceed (i.e. guaranteed maximum price) quotation for construction of the Tenant Sublease Improvements (including specification of the Contractor’s and subcontractors’ ▇▇▇▇-ups ▇ ups for change in scope change orders), which quotation shall be based upon Tenant’s selection of bids for the major trades as provided in (ii) above. Landlord shall notify Tenant in writing of (i) the total costs of the construction of the Tenant Improvements Sublease Improvements, including, without limitation, the Construction Management Fee (which shall include an estimate of Landlord’s charges for any security or special elevator usage anticipated in connection with the Tenant Sublease Improvements) (the “Total Cost”), and (ii) the portion of the Total Cost, if any, which is in excess of Landlord’s Sublease Allowance (“Tenant’s Cost”). If the Landlord’s Sublease Allowance is greater than the Total Cost, then, within five (5) business days of Tenant’s receipt of the notice setting forth the Total Cost, Tenant shall submit to Landlord a statement of other costs that it has have been incurred toward which the Landlord’s Allowance may be applied as set forth in Paragraph 3(a) hereof. Landlord shall not receive any discount, refund, inducement, benefit or payment from any contractor or subcontractor with respect to the Tenant Sublease Improvements that is not passed along to or applied for the benefit of Tenant.