Common use of Tenant’s Contingency Clause in Contracts

Tenant’s Contingency. The Project Budget includes the Tenant’s Contingency, which shall be allocated to Project Costs as provided herein. Tenant’s Contingency is not included in the Fixed Price. If Owner requires any material improvement or material deviation in the Construction Drawings or the Detailed Specifications from the design or level of quality reflected in the Plans and Outline Specifications, any resulting increase in design or construction Project Costs shall be charged against the Tenant’s Contingency until the Tenant’s Contingency is exhausted, after which no further design changes shall be permitted hereunder unless Owner agrees to pay for any resulting increase in Project Costs. To the extent that the Construction Drawings and Detailed Specifications are consistent developments of the Plans and Outline Specifications, the Fixed Price shall not be adjusted for any changes in Project Costs required to construct the Project in accordance with such Construction Documents. Additionally, at Owner’s option, the Tenant’s Contingency may be used for the design and/or construction of Tenant Improvements desired by Owner in excess of the Tenant Improvement Allowance or for Additional Mitigation.

Appears in 1 contract

Sources: Development Agreement

Tenant’s Contingency. The Project Budget Fixed Price includes the a Tenant’s Contingency, Contingency which shall be allocated to the Project Costs as provided herein. Tenant’s Contingency is not included in the Fixed Price. If Owner requires any material improvement or material deviation in the Construction Drawings or the Detailed Specifications from the design or level of quality reflected in the Preliminary Plans and Outline Specifications, any resulting increase in design or construction Project Costs shall be charged against the Tenant’s Contingency until the Tenant’s Contingency is exhausted, after which no further design changes shall be permitted hereunder unless Owner agrees to pay for any resulting increase in Project Costs. To the extent that the Construction Drawings and Detailed Specifications are consistent developments of the Preliminary Plans and Outline Specifications, the Fixed Price shall not be adjusted for any changes in Project Costs required to construct the Project in accordance with such Construction Documents. Additionally, at Owner’s 's option, the Tenant’s 's Contingency may be used for the design and/or construction of Tenant Improvements desired by Owner in excess of the Tenant Improvement Allowance or for Additional MitigationAllowance.

Appears in 1 contract

Sources: Development Agreement