Common use of Selection of Contractor Clause in Contracts

Selection of Contractor. Based on the Construction Documents, Landlord shall prepare an invitation to bid that includes a copy of the proposed form of construction contract on the basis of a guaranteed maximum price contract on the basis of a guaranteed maximum price contract. Landlord shall submit bids to the contractors, in good faith, agreed on by Landlord and Tenant (collectively, the "Qualified Contractors"). Landlord and Tenant shall mutually select the contractor to perform Landlord's Work from the bids received. If Tenant and Landlord fail to agree on a contractor within four (4) days thereafter, Landlord shall select the apparent low bidder (the contractor selected in accordance with the foregoing procedure is herein called the "Contractor"). The Contractor, with the approval of Landlord, shall select the subcontractors. The Contractor and subcontractors must be willing to agree to all requirements imposed by Landlord's construction and/or permanent lender (including any reasonable requirements relating to retainages, advances, insurance, bonding requirements, mechanics'; lien waivers or otherwise) and penalties for late delivery of space. After selection of the Contractor, Landlord shall negotiate and execute a construction contract with the Contractor. Landlord may make changes to the form construction contract but the contract guaranteed maximum price shall remain the same without cost overruns except for Tenant change orders, Necessary Change Orders, and other change orders approved by Tenant. After approval of the Construction Documents, selection of the Contractor, and execution of the construction contract, the Contractor shall proceed with construction of Landlord's Work under the supervision of Landlord. Tenant shall evaluate and analyze all construction pricing to ensure current market pricing and to maximize the use of Landlord's Construction Contribution (as defined below). To that end, Landlord shall provide Tenant with all scheduled construction pricing for review and analysis.

Selection of Contractor. Based The contractor which shall construct the Tenant Improvements shall be a contractor selected pursuant to the following procedure. The Final Working Drawings shall be submitted by Landlord to (i) two (2) general contractors selected by Landlord and (ii) two (2) general contractors selected by Tenant on or before the Construction Documentsdate the Final Working Drawings are approved by Landlord and which contractors so selected by Tenant shall be subject to Landlord's reasonable approval. Each such contractor shall submit a sealed, fixed price contract bid (on such bid form as Landlord shall designate) to construct the Tenant Improvements. Each contractor shall be notified in the bid package of the time schedule for construction of the Tenant Improvements. The subcontractors utilized by the Contractor shall be subject to Landlord's reasonable approval and the bidding instructions shall provide that as to work affecting the structure of the Building and/or the systems and equipment of the Building, Landlord shall prepare an invitation be entitled to bid designate the subcontractors. The bids shall be submitted promptly to Landlord and a reconciliation shall be performed by Landlord to adjust inconsistent or incorrect assumptions so that includes a copy like-kind comparison can be made and a low bidder determined. Within ten (10) days after the Final Working Drawings are approved by Landlord, Tenant shall select the contractor who shall be the lowest bidder and who states that it will be able to meet Landlord's reasonable construction schedule. The parties acknowledge that, for purposes of the proposed form of immediately preceding sentence, Landlord's reasonable construction contract on schedule shall not include any scheduled overtime. The contractor selected may be referred to herein as the basis of a guaranteed maximum price contract on the basis of a guaranteed maximum price contract"CONTRACTOR". Landlord shall submit bids retain the Contractor to construct the contractors, in good faith, agreed on by Landlord and Tenant (collectively, the "Qualified Contractors"). Landlord and Tenant shall mutually select the contractor to perform Landlord's Work from the bids received. If Tenant and Landlord fail to agree on a contractor within four (4) days thereafter, Landlord shall select the apparent low bidder (the contractor selected Improvements in accordance with the foregoing procedure is herein called the "Contractor"). The Contractor, with the approval of Landlord, shall select the subcontractors. The Contractor and subcontractors must be willing to agree to all requirements imposed by Landlord's construction and/or permanent lender (including any reasonable requirements relating to retainages, advances, insurance, bonding requirements, mechanics'; lien waivers or otherwise) and penalties for late delivery of space. After selection of the Contractor, Landlord shall negotiate and execute a construction contract with the Contractor. Landlord may make changes to the form construction contract but the contract guaranteed maximum price shall remain the same without cost overruns except for Tenant change orders, Necessary Change Orders, and other change orders approved by Tenant. After approval of the Construction Documents, selection of the Contractor, and execution of the construction contract, the Contractor shall proceed with construction of Landlord's Work under the supervision of Landlord. Tenant shall evaluate and analyze all construction pricing to ensure current market pricing and to maximize the use of Landlord's Construction Contribution (as defined below). To that end, Landlord shall provide Tenant with all scheduled construction pricing for review and analysisApproved Working Drawings.

Selection of Contractor. Based on Concurrent with the Construction Documentsplan checking, Landlord Tenant shall prepare an invitation to bid that includes a copy obtain bids for the construction of the proposed form Tenant Improvements from a minimum of construction contract on the basis of a guaranteed maximum price contract on the basis of a guaranteed maximum price contract. Landlord shall submit bids to the contractors, in good faith, agreed on by Landlord and Tenant three (collectively, 3) mutually acceptable general contractors and/or subcontractors (the "Qualified Approved Contractors"). Unless Landlord and Tenant shall mutually select agree to the contractor contrary, the Approved Contractor which submitted the lowest bid shall be deemed to perform Landlord's Work from be the bids received. If Tenant and Landlord fail to agree on a contractor within four (4) days thereafter, Landlord shall select the apparent low bidder (the contractor selected in accordance with the foregoing procedure is herein called the "Contractor"). The ContractorNotwithstanding the above, with Tenant, at Tenant's option, may elect to construct the approval Tenant Improvements through a "fast-track" approach, in lieu of Landlord, shall select the subcontractorsa "hard bid" approach. The Contractor and subcontractors must be willing to agree to all requirements imposed by Landlord's construction and/or permanent lender (including any reasonable requirements relating to retainages, advances, insurance, bonding requirements, mechanics'; lien waivers or otherwise) and penalties for late delivery of space. After selection of the Contractor, Landlord shall negotiate and execute a construction contract with the Contractor. Landlord may make changes to the form construction contract but the contract guaranteed maximum price shall remain the same without cost overruns except for Tenant change orders, Necessary Change Orders, and other change orders approved by Tenant. After approval of the Construction Documents, selection of the Contractor, and execution of the construction contractIn this approach, the Contractor will be selected through the solicitation of fee proposals from the Approved Contractors. The Construction Contract shall proceed with be approved by Landlord. Except as hereinafter provided, the Construction Contract shall provide that the Contractor shall obtain competitive bids from a minimum of three (3) mutually acceptable subcontractors for each of the principal portions of construction of the Tenant Improvements including those who furnish materials or equipment fabricated to a special design. Unless Landlord and Tenant shall mutually agree to the contrary, the subcontractor which submitted the lowest bid shall be deemed to be the selected subcontractor. Various components of the Tenant Improvements will be issued to the Contractor for construction separately (e.g. drywall, mechanical/electrical systems, finishes). When issued for construction, the Tenant's construction documents and specifications for each component shall be complete as required do describe the component of the Tenant Improvements in sufficient detail to allow (i) Landlord's Work under the supervision of Landlord. Tenant shall evaluate and analyze all construction pricing to ensure current market pricing and to maximize the use of Landlord's Construction Contribution (as defined below). To that end, Landlord shall provide Tenant with all scheduled construction pricing for review and analysisapproval of that component of the Tenant Improvements, (ii) issuance of a building permit for that component of the Tenant Improvements, (iii) bidding and purchasing of the component of the Tenant Improvements, and (iv) construction of that component of the Tenant Improvements. When taken together, the above construction documents and specifications for the various components shall constitute the Plans and Specifications.

Selection of Contractor. Based on the Construction Documents, Landlord shall prepare an invitation to bid that includes The Initial Tenant Improvements will be constructed by a copy of the proposed form of construction contract on the basis of a guaranteed maximum price contract on the basis of a guaranteed maximum price contract. Landlord shall submit bids to the contractors, in good faith, agreed on general contractor engaged by Landlord and approved by Tenant (collectively, the "Qualified Contractors"“Contractor”). Tenant acknowledges that Landlord and submitted to Tenant shall mutually select the contractor to perform Landlord's Work from the bids received. If Tenant and Landlord fail to agree on a contractor within names of four (4) contractors it proposes to be the Contractor (the “Contractor List”). Tenant shall have the right to interview each of the Contractors on the Contractor List to determine, among other matters, each Contractor’s proposed overhead, “general conditions” and fee structure, and within five (5) business days thereafterafter receipt of the Contractor List from Landlord Tenant shall either approve the contractors on the Contractor List or submit to Landlord the names and contact information of alternate contractors to be included on the Contractor List, provided such alternate contractors are at least as qualified as the contractors on Landlord’s original Contractor List, as reasonably determined by Landlord. If Tenant submits alternate contractors to be included on the Contractor List, Landlord shall select have the apparent low bidder right to interview such alternate contractors within five (5) business days after receipt of the contractor selected in accordance with the foregoing procedure is herein called the "Contractor")names and contact information of such alternate contractors from Tenant. The Contractor, with parties agree that they shall mutually agree on a Contractor from the approval of Landlord, shall select Contractor List by not later than the subcontractors. The Contractor and subcontractors must be willing to agree to all requirements imposed by Landlord's construction and/or permanent lender date that is five (including any reasonable requirements relating to retainages, advances, insurance, bonding requirements, mechanics'; lien waivers or otherwise5) and penalties for late business days following delivery of space. After selection of the Design Development Plan, provided that the Contractor, Landlord shall negotiate at a minimum, shall: (a) have experience with similar projects of similar size and execute a scope in the vicinity of the Building, (b) have the ability to meet the deadlines for construction contract with of the Contractor. Landlord may Initial Tenant Improvements as set forth in the Lease and this Appendix D, (c) have the ability to make changes an unconditional commitment that all necessary resources of the Contractor will be fully engaged to guaranty that the form construction contract but timely completion of the contract guaranteed maximum price shall remain Initial Tenant Improvements, (d) have the same without cost overruns except for Tenant change orders, Necessary Change Ordersreasonable ability to provide reasonable profit margins and overhead costs, and other change orders approved by Tenant. After approval of (e) have the Construction Documentsability to bond its work, selection of the Contractor, and execution of the construction contract, the Contractor shall proceed with construction of Landlord's Work under the supervision of Landlord. Tenant shall evaluate and analyze all construction pricing to ensure current market pricing and to maximize the use of Landlord's Construction Contribution (as defined below). To that end, Landlord shall provide Tenant with all scheduled construction pricing for review and analysisif requested.

Selection of Contractor. Based on Following completion of the Construction DocumentsFinal Plans, Landlord shall solicit at least three (3) bids from sub- or trade contractors on an “open book” basis to prepare an invitation a good faith estimate of the cost of performing Landlord’s Work (“Estimated Budget”), including the cost of obtaining necessary building permits and other permits, authorizations and approvals which may be required in connection with, or to satisfy all laws and codes applicable to, the construction of the Expansion Space Tenant Improvements. Tenant acknowledges that the Estimated Budget shall not be binding on Landlord or the contractor. Tenant and Landlord shall jointly agree which contractors and subcontractors shall be allowed to bid or submit proposals, and which contractor and subcontractors shall perform Landlord’s Work, provided that includes a copy any work required to be performed on Building Systems shall be performed by subcontractors selected by Landlord. Such agreement shall not be unreasonably withheld or delayed by any party. Tenant shall have two (2) business days following delivery of the proposed form of construction contract on Estimated Budget to approve or reject the basis of a guaranteed maximum price contract on the basis of a guaranteed maximum price contract. Landlord shall submit bids to the contractors, in good faith, agreed on by Landlord and Tenant (collectively, the "Qualified Contractors"). Landlord and Tenant shall mutually select the contractor to perform Landlord's Work from the bids receivedsame. If Tenant and disapproves the Estimated Budget, Tenant may request Landlord fail to agree on a contractor within four (4) days thereaftersecure additional bids from subcontractors, Landlord shall select the apparent low bidder (the contractor selected in accordance with the foregoing procedure is herein called the "Contractor"). The Contractor, with the approval of Landlord, shall select the subcontractors. The Contractor and subcontractors must be willing to agree to all requirements imposed by Landlord's construction and/or permanent lender (including any reasonable requirements relating to retainages, advances, insurance, bonding requirements, mechanics'; lien waivers or otherwise) and penalties for late delivery of space. After selection of the Contractor, Landlord shall negotiate and execute a construction contract with the Contractor. Landlord Tenant may make propose changes to the form Final Plans to reduce construction contract but costs, provided that any delay resulting from such process shall be a Tenant Delay to the contract guaranteed maximum price shall remain the same without cost overruns except for extent such process extends longer than ten (10) days after delivery to Tenant change orders, Necessary Change Orders, and other change orders approved by Tenant. After approval of the Construction Documents, selection of the Contractor, and execution of the construction contract, the Contractor shall proceed with construction of Landlord's Work under the supervision of Landlord. Tenant shall evaluate and analyze all construction pricing to ensure current market pricing and to maximize the use of Landlord's Construction Contribution (as defined below). To that end, Landlord shall provide Tenant with all scheduled construction pricing for review and analysisEstimated Budget.

Selection of Contractor. Based on the Construction Documents, Landlord shall prepare an invitation to bid that which includes a copy of the proposed form of construction contract on the basis of a guaranteed maximum price contract on the basis of a guaranteed maximum price contract. Landlord shall submit bids to the contractors, in good faith, agreed on upon by Landlord and Tenant (collectively, the "Qualified Contractors"). Landlord and Tenant shall mutually select the contractor to perform Landlord's Work from the bids received. If Tenant and Landlord fail to agree on a contractor within four (4) days thereafter, Landlord shall select the apparent low bidder (the contractor selected in accordance with the foregoing procedure is herein called the "Contractor"). The Contractor, with the approval of Landlord, shall select the subcontractors. The Contractor and subcontractors must be willing to agree to all requirements imposed by Landlord's construction and/or permanent lender (including any reasonable requirements relating to retainages, advances, insurance, bonding requirements, mechanics'; ' lien waivers or otherwise) and penalties for late delivery of space. After selection of the Contractor, Landlord shall negotiate and execute a construction contract with the Contractor. Landlord may make changes to the form construction contract but the contract guaranteed maximum price shall remain the same without cost overruns except for Tenant change orders, Necessary Change Orders, and other change orders approved by Tenant. After approval of the Construction Documents, selection of the Contractor, and execution of the construction contract, the Contractor shall proceed with construction of Landlord's Work under the supervision of Landlord. Tenant shall evaluate and analyze all construction pricing to ensure current market pricing and to maximize the use of Landlord's Construction Contribution (as defined below). To that end, Landlord shall provide Tenant with all scheduled construction pricing for review and analysis.

Selection of Contractor. Based on Tenant shall either (i) arrange for Landlord's contractor to perform the Construction Documents, Landlord shall prepare an invitation to bid that includes a copy of the proposed form of construction contract on the basis of a guaranteed maximum price contract on the basis of a guaranteed maximum price contract. Landlord shall submit bids to the contractors, work (in good faith, agreed on by Landlord and Tenant (collectively, the "Qualified Contractors"). which case Landlord and Tenant shall mutually select the contractor to perform negotiate regarding Landlord's Work from charge for the bids receivedwork) or (ii) bid the project out to contractors approved by Landlord in writing in advance, as provided below. If Tenant and shall furnish to Landlord fail for Landlord's approval, which approval shall not be unreasonably withheld or delayed, a list of any number of contractors selected by Tenant to agree bid on a contractor within four the Alterations that meet the requirements set forth in items (4ii) days thereafter, Landlord shall select the apparent low bidder (the contractor selected in accordance with the foregoing procedure is herein called the "Contractor")1) through (3) of Paragraph 9.c. The Contractor, with the Following Landlord's approval of LandlordTenant's proposed contractors, Tenant shall select the subcontractors. The Contractor and subcontractors must be willing to agree to all requirements imposed by Landlord's construction and/or permanent lender (including any reasonable requirements relating to retainages, advances, insurance, bonding requirements, mechanics'; lien waivers or otherwise) and penalties for late delivery of space. After selection of the Contractor, Landlord shall negotiate and execute a construction contract with the Contractor. Landlord may make changes provide bidding materials relevant to the form construction contract but the contract guaranteed maximum price shall remain the same without cost overruns except for Tenant change orders, Necessary Change Orders, proposed Alteration simultaneously to Landlord and other change orders to any number of contractors approved by Tenant. After approval of the Construction Documents, selection of the Contractor, and execution of the construction contract, the Contractor shall proceed with construction of Landlord's Work under the supervision of Landlord. Tenant shall evaluate and analyze all thereafter notify Landlord of Tenant's preferred contractor ("Tenant's Contractor") for construction pricing to ensure current market pricing and to maximize of the use Alteration, which notice shall contain a copy of Tenant's Contractor's bid. Landlord, at Landlord's Construction Contribution (as defined below)sole election, may cause Landlord's contractor to meet such bid, in which event Landlord's contractor shall construct the Alteration. To that end, Landlord shall provide have seven (7) days from its receipt from Tenant with all scheduled of the bid Tenant would otherwise accept to advise Tenant of whether Landlord will match such bid. If Landlord does not perform the work pursuant to the above, Tenant shall pay Landlord on demand prior to or during the course of such construction pricing an amount equal to four percent (4%) of the total hard cost of the Alteration (which hard cost shall not include permit fees) (the "Alteration operations Fee") as compensation to Landlord for review of the plans and analysisspecifications for the Alteration, and for electrical energy consumed in connection with the work, freight elevator operation, additional cleaning expenses, additional security services, and for other miscellaneous costs incurred by Landlord as result of the work; provided that Tenant shall not be required to pay an Alteration Operations Fee with respect to Alterations which cost less than $1,000 and do not require a building permit or other governmental permit.

Selection of Contractor. Based on Immediately upon Tenant's approval of the Construction DocumentsWorking Drawings, Landlord shall prepare an invitation to bid that includes a copy submit the Approved Working Drawings together with the Construction Contract and the Request for Proposal in connection with the construction of the proposed form Tenant Improvements to three (3) EXHIBIT "B" -5- prospective general contractors selected by Landlord, or at Tenant's election, two (2) prospective general contractors selected by Landlord and one (1) prospective general contractor selected by Tenant (such prospective general contractors, the "Bidding Contractors"). Upon receipt of construction contract on such bids for the basis general conditions and fee from such Bidding Contractors in connection with the performance of the Tenant Improvements, but no later than the date specified in the Work Schedule, Landlord shall deliver a guaranteed maximum price contract on written recommendation to Tenant regarding which of the basis Bidding Contractors should be selected to perform the Landlord's Work, which written recommendation shall specify the following cost estimates (the "Bid Estimate"): (i) the total amount of a guaranteed maximum price contractTenant Improvement Costs to be incurred under the recommended bid in connection with the performance of the Landlord's Work and (ii) the total Excess Costs, if any, to be incurred in connection with such proposal in accordance with Section 2(a) above. Landlord shall submit bids use its best, good faith efforts to confer and advise Tenant regarding the contractorsselection of the Bidding Contractor. By no later than the date specified in the Work Schedule, in good faithLandlord and Tenant shall select a Bidding Contractor to perform the Landlord's Work required pursuant to this Work Letter Agreement, agreed on by which Bidding Contractor shall be mutually acceptable to Landlord and Tenant (collectively, the "Qualified Contractors"). Landlord and Tenant shall mutually select the contractor to perform Landlord's Work from the bids received. If Tenant and Landlord fail to agree on a contractor within four (4) days thereafter, Landlord shall select the apparent low bidder (the contractor selected in accordance with the foregoing procedure is herein called the "Contractor"). The Contractor, with the approval Promptly upon receipt of Landlord, shall select the subcontractors. The Contractor and subcontractors must be willing to agree to all requirements imposed by Landlord's construction and/or permanent lender (including any reasonable requirements relating to retainages, advances, insurance, bonding requirements, mechanics'; lien waivers or otherwise) and penalties for late delivery of space. After selection of the Contractorsuch notice, Landlord shall negotiate retain and execute a engage the Contractor and shall cause the Contractor to mobilize for the construction contract with of the ContractorTenant Improvements and commence the construction of the Tenant Improvements by no later than the date specified in the Work Schedule. After the engagement of Contractor by Landlord may make changes pursuant to this Work Letter Agreement, if Contractor subsequently requests any change order or amendment to the form construction contract but the contract guaranteed maximum price shall remain the same without cost overruns except for Tenant change orders, Necessary Construction Contract between Contractor and Landlord ("Change Orders, and other change orders approved by Tenant. After approval of the Construction Documents, selection of the Contractor, and execution of the construction contract, the Contractor shall proceed with construction of Landlord's Work under the supervision of Landlord. Tenant shall evaluate and analyze all construction pricing to ensure current market pricing and to maximize the use of Landlord's Construction Contribution (as defined belowOrder Request"). To that end, Landlord shall provide promptly forward such Change Order Request to Tenant with all scheduled construction pricing for review and analysisLandlord shall not execute or otherwise authorize any Change Order Request unless Tenant has approved such Change Order Request in writing, which approval may be withheld in Tenant's sole and absolute discretion exercised in good faith.

Selection of Contractor. Based on the Construction Documents, Landlord shall prepare an invitation to bid that which includes a copy of the proposed form of construction contract on the basis of a guaranteed maximum price contract on the basis of a guaranteed maximum price contract. Landlord shall submit bids to the contractors, in good faith, agreed on upon by Landlord and Tenant (collectively, the "Qualified Contractors"). Landlord and Tenant shall mutually select the contractor to perform Landlord's Work from the bids received. If Tenant and Landlord fail to agree on a contractor within four (4) days thereafter, Landlord shall select the apparent low bidder (the contractor selected in accordance with the foregoing procedure is herein called the "Contractor"). The Contractor, with the approval of Landlord, shall select the subcontractors. The Contractor and subcontractors must be willing to agree to all requirements imposed by Landlord's construction and/or permanent lender (including any reasonable reasonably requirements relating to retainages, advances, insurance, bonding requirements, mechanics'; ' lien waivers or otherwise) and penalties for late delivery of space. After selection of the Contractor, Landlord shall negotiate and execute a construction contract with the Contractor. Landlord may make changes to the form construction contract but the contract guaranteed maximum price shall remain the same without cost overruns except for Tenant change orders, Necessary Change Orders, and other change orders approved by Tenant. After approval of the Construction Documents, selection of the Contractor, and execution of the construction contract, the Contractor shall proceed with construction of Landlord's Work under the supervision of Landlord. Tenant shall evaluate and analyze all construction pricing to ensure current market pricing and to maximize the use of Landlord's Construction Contribution (as defined below). To that end, Landlord shall provide Tenant with all scheduled construction pricing for review and analysis.

Selection of Contractor. Based on the Construction Documents, Landlord shall prepare an invitation to bid that which includes a copy of the proposed form of construction contract on the basis of a guaranteed maximum price contract on the basis of a guaranteed maximum price contract. Landlord shall submit bids to the contractors, in good faith, agreed on upon by Landlord and Tenant (collectively, the "Qualified Contractors"). Landlord and Tenant shall mutually select the contractor to perform Landlord's Work from the bids received. If Tenant and Landlord fail to agree on a contractor within four (4) days thereafter, Landlord shall select the apparent low bidder (the contractor selected in accordance with the foregoing procedure is herein called the "Contractor"). The ContractorContyractor, with the approval of Landlord, shall select the subcontractors. The Contractor and subcontractors must be willing to agree to all requirements imposed by Landlord's construction and/or permanent lender (including any reasonable requirements relating to retainages, advances, insurance, bonding requirements, mechanics'; ' lien waivers or otherwise) and penalties for late delivery of fo space. After selection of the Contractor, Landlord shall negotiate and execute a construction contract with the Contractor. Landlord may make changes to the form construction contract but the contract guaranteed maximum price shall remain the same without cost overruns except for Tenant change orders, Necessary Change Orders, and other change chaqnge orders approved by Tenant. After approval of the Construction Documents, selection of the Contractor, and execution of the construction contract, the Contractor shall proceed with construction of Landlord's Work under the supervision of Landlord. Tenant shall evaluate and analyze all construction pricing to ensure current market pricing and to maximize the use of Landlord's Construction Contribution (as defined below). To that end, Landlord shall provide Tenant with all scheduled construction pricing for review and analysis.