Common use of Additional Work Clause in Contracts

Additional Work. Upon Tenant's request and submission by Tenant (at Tenant's sole cost and expense) of the necessary information and/or plans and specifications for work other than the Work described in the Working Drawings ("Additional Work") and the approval by Landlord of such Additional Work, which approval Landlord agrees shall not be unreasonably withheld, Landlord shall perform such Additional Work, at Tenant's sole cost and expense, subject, however, to the following provisions of this Paragraph 7. Prior to commencing any Additional Work requested by Tenant, Landlord shall submit to Tenant a written statement of the cost of such Additional Work, which cost shall include a fee payable to Landlord in the amount of 15% of the total cost of such Additional Work as compensation to Landlord for monitoring the Additional Work and for administration, overhead and field supervision associated with the Additional Work and an additional charge payable to Landlord in the amount of 5% of the total Cost of the Additional Work as compensation for Landlord's general conditions (such fee and additional charge being hereinafter referred to collectively as "Landlord's Additional Compensation"), and, concurrently with such statement of cost, Landlord shall also submit to Tenant a proposed tenant extra order (the "TEO") for the Additional Work in the standard form then in use by Landlord. Tenant shall execute and deliver to Landlord such TEO and shall pay to Landlord the entire cost of the Additional Work, including Landlord's Additional Compensation (as reflected in Landlord's statement of such cost), within five (5) days after Landlord's submission of such statement and TEO to Tenant. If Tenant fails to execute or deliver such TEO or pay the entire cost of such Additional Work within such 5-day period, then Landlord shall not be obligated to do any of the Additional Work and may proceed to do only the Work, as specified in the Working Drawings.

Appears in 3 contracts

Samples: Lease (DND Technologies Inc), Industrial Lease (Sensys Technologies Inc), Lease (DND Technologies Inc)

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Additional Work. Upon Except to the extent described in this Exhibit or in the Lease, Landlord has no obligation to do or pay for any work to the Premises (or any plans or spccifications relating thereto). If Tenant shall require other work or materials (“Additional Work”) in the Premises in addition to Landlord’s Work, Tenant shall deliver to Landlord for its approval final Architectural Plans for such Additional Work at or before the time Tenant is required pursuant to Section 2 of this Exhibit to deliver Tenant's ’s written approval of the Architectural Plans for Landlord’s Work. If Landlord does not approve of the Architectural Plans for the Additional Work, as delivered by Tenant. Landlord shall advise Tenant generally of the changes required in such Plans so that they will meet with Landlord’s approval. Tenant shall cause the Architectural Plans for the Additional Work to be revised and delivered to Landlord for its final review and approval within five (5) business days after Tenant’s receipt of such advice or Tenant shall be deemed to have abandoned its request for such Additional Work. All Architectural Plans for the Additional Work (together with any changes to the Architectural Plans for the Landlord’s Work which may be required as a result thereof) shall be prepared and submission by Tenant (completed at Tenant's ’s sole cost and expense) . Landlord shall furnish Tenant with written estimates of the necessary information and/or plans and specifications for work other than cost of the Additional Work described in the Working Drawings within fifteen ("Additional Work"15) and the approval business days after receipt by Landlord of the Architectural Plans for the Additional Work. If Tenant approves such written estimates. Tenant shall authorize Landlord in writing to proceed with the Additional Work within seven (7) business days after Tenant’s receipt of the estimates, and Tenant shall also pay to Landlord the estimated cost of such Additional Work, which approval Work (or shall provide security satisfactory to Landlord agrees shall not be unreasonably withheld, Landlord shall perform such Additional Work, at Tenant's sole cost and expense, subject, however, to the following provisions of this Paragraph 7. Prior to commencing any Additional Work requested by Tenant, Landlord shall submit to Tenant a written statement for payment of the cost of such Additional Work, which cost shall include a fee payable to Landlord in the amount of 15% of the total cost of such Additional Work as compensation to Landlord for monitoring the Additional Work and for administration, overhead and field supervision associated with the Additional Work and an additional charge payable to Landlord in the amount of 5% of the total Cost of the Additional Work as compensation for Landlord's general conditions (such fee and additional charge being hereinafter referred to collectively as "Landlord's Additional Compensation"), and, concurrently with such statement of cost, Landlord shall also submit to Tenant a proposed tenant extra order (the "TEO") for the Additional Work in the standard form then in use by Landlord. Tenant shall execute and deliver to Landlord such TEO and shall pay to Landlord the entire cost of the Additional Work, including Landlord's Additional Compensation (as reflected in Landlord's statement of such cost), within five (5) days after Landlord's submission of such statement and TEO to Tenant. If Tenant fails to execute or deliver comply with such TEO or pay requirements within seven (7) business days after receipt of the entire cost of such Additional Work within such 5-day period, then written estimates. Landlord shall not be obligated authorized or required to do proceed with any Additional Work; and Tenant shall be deemed to have abandoned its request therefor. If, however, Tenant complies with such requirements within said seven (7) day period and makes all payments when required herein. Landlord agrees to cause the Additional Work to be performed by Landlord’s contractors. Any unpaid balance of the cost of the Additional Work shall be paid by Tenant to Landlord within thirty (30) days of Landlord’s statement following substantial completion of such Additional Work. If Landlord is not required to perform Additional Work as provided in this Section 5. the alterations and may proceed improvements to do only be made to the Premises by Landlord prior to the commencement of the Term of the Lease shall be limited to Landlord’s Work, as specified in the Working Drawings.

Appears in 1 contract

Samples: Assignment and Assumption of Leases (Quest Resource Corp)

Additional Work. Upon Tenant's If Tenant shall request and submission by Tenant (at Tenant's sole cost and expense) of the necessary information and/or plans and specifications for Landlord to perform additional work other than the Work described in the Working Drawings ("Additional Work") and the approval by Landlord Premises or to substitute for any Building Standard item or quantity of such Additional work forming part of Landlord’s Work, which approval Landlord agrees causes Landlord’s Work to exceed Landlord’s Maximum Work Cost, such request shall not be unreasonably withheld, Landlord shall perform such deemed to be Additional Work (hereinafter “Additional Work, at Tenant's sole cost ”) and expense, subject, however, to the following provisions of this Paragraph 7. Prior to commencing any Additional Work requested by Tenant, Landlord shall submit to Tenant a written statement of the cost of such Additional Work, which cost shall include a fee payable to Landlord in the amount of 15% of the total cost of such Additional Work as compensation to Landlord for monitoring the Additional Work and for administration, overhead and field supervision associated with the Additional Work and an additional charge payable to Landlord in the amount of 5% of the total Cost of the Additional Work as compensation for Landlord's general conditions (such fee and additional charge being hereinafter referred to collectively as "Landlord's Additional Compensation"), and, concurrently with such statement of cost, Landlord shall also submit to Tenant a proposed tenant extra order (the "TEO") for the Additional Work in the standard form then in use by Landlord. Tenant shall execute and deliver to Landlord such TEO and shall pay to Landlord the entire actual cost of labor and materials for the Additional Work plus a fee payable to Landlord’s designated construction manager or the Manager of ten (10%) percent for overhead and ten (10%) for profit, and paid by Tenant as set forth below. Landlord shall estimate reasonably the cost of the Additional Work depicted on the Plans or requested by Tenant and advise Tenant of such estimate (the “Plan Based Estimate”) and Tenant shall either promptly withdraw its request for all or part of the Additional Work so estimated or pay to Landlord, prior to the commencement of Landlord’s Work or the Additional Work, including Landlord's the amount by which the Plan Based Estimate exceeds the Preliminary Estimate, if any, which payment shall be reconciled by Landlord and Tenant upon the completion of the Additional Compensation (as reflected Work. If in Landlord's statement ’s commercially reasonable judgment, any items of such cost), within five (5) Landlord’s Work or Additional Work shall involve ordering of materials or products which must be specially fabricated to order and thus will prevent Landlord’s substantial completion of Landlord’s Work beyond 60 days after the commencement of Landlord's submission ’s Work, then Landlord may require Tenant to agree on a fixed Commencement Date of this Lease (allowing a reasonable time for the performance of Landlord’s Work in absence of the necessity of performing Landlord’s Work or the Additional Work occasioning such statement and TEO to Tenantmaterial delay). If Tenant fails to execute or deliver such TEO or pay the entire cost of such Additional Work within such 5-day periodparties cannot agree upon a fixed Commencement Date, then Landlord shall not have the right to decline to perform such portion of Landlord’s Work or such Additional Work, and Tenant shall be obligated responsible for the performance thereof (subject to do any the terms of this Lease) after the completion of the Additional remainder of Landlord’s Work and may proceed any other (non-objected to do only the by Landlord) Additional Work, as specified in the Working Drawings.

Appears in 1 contract

Samples: Lease Agreement (Forrester Research, Inc.)

Additional Work. Upon Except to the extent described herein, Landlord has no obligation to do or pay for any work to the Additional Space (or any plans or specifications relating thereto). If Tenant shall require Additional Work in the Additional Space in addition to or in substitution for Landlord's Work, Tenant shall deliver to Landlord for its approval final Architectural Plans for such Additional Work. If T landlord does not approve of the Architectural Plans for the Additional Work, as delivered by Tenant, Landlord shall advise Tenant generally of the changes required in such Plans so that they will meet with Landlord's approval. Tenant shall cause the Architectural Plans for the Additional Work to be revised and delivered to Landlord for its final review and approval within five (5) business days after Tenant's receipt of such advice or Tenant shall be deemed to have abandoned its request for such Additional Work. All Architectural Plans and submission by Tenant Engineering Plans (as hereinafter defined) for the Additional Work (together with any changes to the Architectural Plans for Landlords Work which may be required as a result thereof) shall be prepared and completed at Tenant's sole cost and expense) expense (without regard to whether the Additional Work is actually performed by Landlord or an Acceptable Contractor hereunder). If the Additional Work is to be performed by Landlord's Contractor, Landlord shall furnish Tenant with written estimates of the necessary information and/or cost of the Additional Work within fifteen (15) business days after receipt by Landlord of the final mechanical and engineering plans and specifications (the "Engineering ----------- Plans") for work other than the Work described in the Working Drawings ("Additional Work". If Tenant shall fail to approve in writing such ----- estimates within seven (7) and business days from receipt thereof, the approval estimates shall be deemed disapproved in all respects by Landlord of such Tenant. Landlord's Contractor shall not be authorized or required to proceed with any Additional Work, which approval Landlord agrees and Tenant shall not be unreasonably withheld, Landlord shall perform such Additional Work, at Tenant's sole cost and expense, subjectdeemed to have abandoned its request therefor. If, however, to Tenant approves in writing such estimates as furnished by Landlord within said seven (7) day period, Tenant shall pay Landlord the following provisions of this Paragraph 7. Prior to commencing any Additional Work requested by Tenant, Landlord shall submit to Tenant a written statement of the actual cost of such Additional Work, which cost shall include a fee payable and, provided Tenant has made all payments and borne all costs when required herein, Landlord agrees to Landlord in the amount of 15% of the total cost of such Additional Work as compensation to Landlord for monitoring cause the Additional Work to be performed by Landlord's Contractor. All sums due hereunder from Tenant shall be deemed to be rent for any and for administration, overhead all purposes of the Lease. If Landlord is not required to perform Additional Work pursuant to and field supervision associated in accordance with the foregoing provisions of this Section 2, the alterations and improvements to be made to the Additional Space shall be limited to Landlord's Work and an any additional charge payable alterations and improvements to Landlord in the amount of 5% Additional Space desired by Tenant shall be made after the commencement of the total Cost term of said Lease and shall be subject to the provisions of Section 5 of the Additional Work as compensation Lease. All designs for public areas must conform to Building Standard and be approved by the Landlord's general conditions (such fee and additional charge being hereinafter referred to collectively as "Landlord's Additional Compensation"), and, concurrently with such statement of cost, Landlord shall also submit to Tenant a proposed tenant extra order (the "TEO") for the Additional Work in the standard form then in use by Landlord. Tenant shall execute and deliver to Landlord such TEO and shall pay to Landlord the entire cost of the Additional Work, including Landlord's Additional Compensation (as reflected in Landlord's statement of such cost), within five (5) days after Landlord's submission of such statement and TEO to Tenant. If Tenant fails to execute or deliver such TEO or pay the entire cost of such Additional Work within such 5-day period, then Landlord shall not be obligated to do any of the Additional Work and may proceed to do only the Work, as specified in the Working Drawings.

Appears in 1 contract

Samples: Lease (Focal Communications Corp)

Additional Work. Upon TenantLessee's request and submission by Tenant Lessee --------------- (at TenantLessee's sole cost and expense) of the necessary information and/or plans and specifications for work other than the Work described in the Working Drawings ("Additional Work") and the approval by Landlord Lessor of such Additional Work, which approval Landlord Lessor agrees shall not be unreasonably withheld, Landlord Lessor shall perform such Additional Work, at TenantLessee's sole cost and expense, subject, however, to the following provisions of this Paragraph 78. Prior to commencing any Additional Work requested by TenantLessee, Landlord Lessor shall submit to Tenant Lessee a written statement of the cost of such Additional Work, which cost shall include a fee payable to Landlord Lessor in the amount of 1510% of the total cost of such Additional Work as compensation to Landlord Lessor for monitoring the Additional Work and for administration, overhead and field supervision associated with the Additional Work and an additional charge payable to Landlord Lessor in the amount of 55 % of the total Cost of the Additional Work as compensation for LandlordLessor's general conditions (such fee and additional charge being hereinafter referred to collectively as "LandlordLessor's Additional Compensation"), and, concurrently with such statement of cost, Landlord Lessor shall also submit to Tenant Lessee a proposed tenant extra order (the "TEO") for the Additional Work in the standard form then in use by LandlordLessor. Tenant Lessee shall execute and deliver to Landlord Lessor such TEO and shall pay to Landlord Lessor the entire cost of the Additional Work, including LandlordLessor's Additional Compensation (as reflected in LandlordLessor's statement of such cost), within five (5) days after LandlordLessor's submission of such statement and TEO to TenantLessee. If Tenant Lessee fails to execute or deliver such TEO or pay the entire cost of such Additional Work within such 5-day period, then Landlord Lessor shall not be obligated to do any of the Additional Work and may proceed to do only the Work, as specified in the Working Drawings.

Appears in 1 contract

Samples: Lease Agreement (Cheap Tickets Inc)

Additional Work. Upon Tenant's request and submission by If Tenant (at Tenant's sole cost and expense) wishes Landlord, prior to the commencement of the necessary information and/or plans and specifications for work other than the Work described in the Working Drawings ("Additional Work") and the approval by Landlord of such Additional Work, which approval Landlord agrees shall not be unreasonably withheld, Landlord shall perform such Additional Work, at Tenant's sole cost and expense, subject, howeverTerm, to employ labor and to use items of material, hardware, equipment or decorating that exceed Xxxxxxxx's obligation hereunder as limited to the following provisions of this Paragraph 7. Prior to commencing any Additional Work requested by Tenant, Landlord shall submit to Tenant a written statement of the cost of such Additional term "Work, which cost shall include a fee payable to Landlord in the amount of 15% of the total cost of such Additional Work as compensation to Landlord for monitoring the Additional Work and for administration, overhead and field supervision associated with the Additional Work and an additional charge payable to Landlord in the amount of 5% of the total Cost of the Additional Work as compensation for Landlord's general conditions " (such fee and additional charge being hereinafter excess items are herein referred to collectively as "Landlord's Additional CompensationWork"), andTenant shall, concurrently with such statement of costat its expense, Landlord shall also submit to Tenant a proposed tenant extra order cause drawings and specifications (the "TEOAdditional Plans") for the Additional Work to be completed and submit such Additional Plans to the Landlord for its approval. Landlord shall not withhold its approval unreasonably if the Additional Work does not affect the structure or safety or the exterior appearance of the Development or the heating ventilating, air conditioning, plumbing or other mechanical systems of the Development. If Landlord approves the Additional Work as reflected in the standard form then in use by Landlord. Additional Plans, Landlord shall obtain and submit to Tenant shall execute and deliver to Landlord such TEO and shall pay to Landlord estimates of the entire cost of the Additional Work, including Landlord's Additional Compensation (as reflected in Landlord's statement of such cost), within five (5) days after Landlord's submission of such statement and TEO to Tenant. If Tenant fails to execute or deliver such TEO or pay the entire The cost of such Additional Work within shall include the direct costs thereof, plus general conditions (including rubbish removal, hoisting, permits, field supervision and the like) plus the contractor's charges for overhead and fees, together with ten percent (10% of all such 5-day periodcosts for overhead and construction management services, then which fee shall be paid to Landlord, or its agent, as Landlord shall direct. Landlord shall not be obligated to do any proceed with such Additional Work until the cost set forth in such estimate is paid by Tenant to Landlord for deposit in Landlord's trust account for payment of the Additional Work as work progresses. Any deficit shall be paid to Landlord upon completion of such Additional Work and may proceed within seven (7) days after Landlord shall have furnished Tenant with bills for the complete costs thereof. Any Additional Work or alterations to do only the Work, as specified in Demised Premises desired by Tenant after the Working Drawingscommencement of the Term shall be subject to the provisions of Section 11 of the Lease.

Appears in 1 contract

Samples: Office Lease (Tek Digitel Corp)

Additional Work. Upon Tenant's ’s request and submission by Tenant (at Tenant's ’s sole cost and expense) of the necessary information and/or plans and specifications for work other than the Tenant Work described in the Working Drawings approved Schematic Design Documents, including, without limitation, any item, finish, material or improvement that Tenant desires to include in the Construction Documents that is inconsistent with the approved Schematic Design Documents and will increase Landlord’s Cost, ("defined herein), and any change orders submitted by Tenant seeking to modify the Construction Documents after same are Issued for Construction (all of the foregoing are collectively referred to herein as “Additional Work") ”), and upon the approval by Landlord of such Additional Work, which approval Landlord agrees shall not be unreasonably withheld, Landlord shall perform such Additional Work, at Tenant's ’s sole cost and expense, subject, however, to the following provisions of this Paragraph 7Section 7.9. As used herein, the term “Landlord’s Cost” shall mean the sum of (i) Landlord’s out-of-pocket contract or purchase price(s) for materials, components, labor, change orders, services, insurance requirements, “general conditions”, permits, and all other costs necessary to complete any given item of Additional Work, plus (ii) Landlord’s professional, designer, architectural and engineering fees (if applicable) and costs, including, without limitation, the cost of review, preparation and revisions to drawings and other plans relating to the Tenant Work, plus (iii) legal fees incurred in connection with preparation and/or negotiating any construction contracts therefor, plus (iv) an amount equal to three percent (3%) of the aggregate of the foregoing costs as compensation to Landlord for administration and supervision. Prior to commencing any Additional Work requested by Tenant, Landlord shall submit to Tenant a written statement of the cost of such Additional Work, which cost shall include a fee payable to Landlord in the amount of 15% of the total cost Landlord’s Cost of such Additional Work as compensation to Landlord for monitoring the Additional Work and for administration, overhead and field supervision associated with the Additional Work and an additional charge payable to Landlord in the amount of 5% of the total Cost of the Additional Work as compensation for Landlord's general conditions (such fee and additional charge being hereinafter referred to collectively as "Landlord's Additional Compensation"), and, concurrently with such statement of cost, Landlord shall also submit to Tenant a proposed tenant extra order (the "TEO") for the Additional Work in the standard form then in use by Landlord. Tenant shall execute and deliver to Landlord such TEO and shall pay to Landlord the entire cost of the Additional Work, including Landlord's Additional Compensation (as reflected in Landlord's statement ’s Cost of such cost), Additional Work within five (5) days after Landlord's ’s submission of such statement and TEO to Tenant. If Tenant fails to execute or deliver such TEO or pay the entire cost Landlord’s Cost of such Additional Work within such 5-day period, then Landlord shall not be obligated to do any of the Additional Work and may proceed to do construct only the Work, Tenant Work as specified detailed in the Working Drawingsapproved Schematic Design Documents.

Appears in 1 contract

Samples: Office Lease (Active Network Inc)

Additional Work. Upon TenantLessee's request and submission by Tenant Lessee --------------- (at TenantLessee's sole cost and expense) of the necessary information and/or plans and specifications for work other than the Work described in the Working Drawings ("Additional Work") and the approval by Landlord Lessor of such Additional Work, which approval Landlord Lessor agrees shall not be unreasonably withheld, Landlord Lessor shall perform such Additional Work, at TenantLessee's sole cost and expense, subject, however, to the following provisions of this Paragraph 7. Prior to commencing any Additional Work requested by TenantLessee, Landlord Lessor shall submit to Tenant Lessee a written statement of the cost of such Additional Work, which cost shall include a fee payable to Landlord Lessor in the amount of 1510% of the total cost of such Additional Work as compensation to Landlord Lessor for monitoring the Additional Work and for Work, including administration, overhead and field supervision associated with the Additional Work and an additional charge payable to Landlord in the amount of 5% of the total Cost of the Additional Work as compensation for Landlord's general conditions (such fee and additional charge being hereinafter referred to collectively as "LandlordLessor's Additional Compensation"), and, concurrently with such statement of cost, Landlord Lessor shall also submit to Tenant Lessee a proposed tenant extra order (the "TEO") for the Additional Work in the standard form then in use by LandlordLessor. Tenant Lessee shall execute and deliver to Landlord Lessor such TEO and shall pay to Landlord Lessor the entire cost of the Additional Work, including LandlordLessor's Additional Compensation (as reflected in LandlordLessor's statement of such cost), within five (5) days after LandlordLessor's submission of such statement and TEO to TenantLessee. If Tenant Lessee fails to execute or deliver such TEO or pay the entire cost of such Additional Work within such 5-day period, then Landlord Lessor shall not be obligated to do any of the Additional Work and may proceed to do only the Work, as specified in the Working Drawings.

Appears in 1 contract

Samples: Lease Agreement (Cheap Tickets Inc)

Additional Work. Upon Tenant's request and submission by Except to the extent described herein, Landlord has no obligation to do or pay for any work to the Leased Premises (or any plans or specifications relating thereto). If Tenant (at Tenant's sole cost and expense) of the necessary information and/or plans and specifications for shall require other work other than the Work described in the Working Drawings or materials ("Additional Work") and in the Leased Premises in addition to or in substitution for the work, Tenant shall deliver to Landlord for its approval by Final Architectural Plans for such Additional Work at or before the time Tenant is required pursuant to Paragraph 2.00 hereof to delivery Tenant's written approval of the final Architectural Plans for the Work. If Landlord does not approve of such the Final Architectural Plans for the Additional Work, which approval Landlord agrees shall not be unreasonably withheld, Landlord shall perform such Additional Work, at Tenant's sole cost and expense, subject, however, to the following provisions of this Paragraph 7. Prior to commencing any Additional Work requested as delivered by Tenant, Landlord shall submit to advise Tenant a written statement of the cost of changes required in such Additional Work, which cost shall include a fee payable to Landlord in the amount of 15% of the total cost of such Additional Work as compensation to Landlord for monitoring the Additional Work and for administration, overhead and field supervision associated with the Additional Work and an additional charge payable to Landlord in the amount of 5% of the total Cost of the Additional Work as compensation for Landlord's general conditions (such fee and additional charge being hereinafter referred to collectively as "Landlord's Additional Compensation"), and, concurrently with such statement of cost, Landlord shall also submit to Tenant a proposed tenant extra order (the "TEO") Final Architectural Plans for the Additional Work in the standard form then in use by Landlord. Tenant shall execute and deliver to Landlord such TEO and shall pay to Landlord the entire cost of the Additional Work, including so that they will meet with Landlord's Additional Compensation (as reflected in Landlord's statement of such cost)approval, within five (5) days after LandlordTenant's submission of the Final Architectural Plans for the Additional Work. Tenant shall cause the Final Architectural Plans for the Additional Work to be revised and delivered to Landlord for its final review and approval within five (5) business days after Tenant's receipt of such statement advise or Tenant shall be deemed to have abandoned its request for such additional work. At any time as Landlord may reasonably request, Tenant shall acknowledge in writing any such Additional Work, including Tenant's obligation with respect to the costs and TEO to expense related thereto. Tenant shall furnish Landlord with estimates of the cost of the additional work as provided by Tenant's Contractor(s) within five (5) business days after receipt by Landlord of the Final Architectural Plans, approved by Landlord, for the Additional Work. If Within five (5) day period thereafter, Tenant fails to execute or deliver such TEO or shall pay Contractor the entire actual cost of such Additional Work within as follows: (a) An amount equal to fifty (50%) percent of the estimated total cost of such 5-day period, then Landlord additional work shall not be obligated paid to do any Contractor for payment of Additional Work. (b) An amount equal to the unpaid balance of the total actual cost (without regard to whether such costs exceed the approved estimates) of the Additional Work shall be paid to Contractor upon substantial completion and, provided Tenant has made all payments and may proceed borne all costs when required herein, Tenant agrees to do only cause the Additional Work to be performed by Tenant's contractors. All sums due hereunder from Tenant shall be deemed to be Rent for any and all purposes of the Lease. If Tenant requires Additional Work pursuant to and in accordance with the foregoing provisions of this Paragraph 3.00, the alterations and improvements to be made to the Leased Premises prior to the Commencement Date shall be limited to the Work, as specified in and any additional alterations and improvements to the Working DrawingsLeased Premises desired by Tenant shall be made after the Commencement Date and shall be subject to the provisions of the Lease. All designs for public ares must conform to Landlord's standards and be approved by the Landlord.

Appears in 1 contract

Samples: Lease Amendment (SPR Inc)

Additional Work. Upon Tenant's request and submission by Tenant (at Tenant's sole cost and expense) of the necessary information and/or plans and specifications for work other than the Work described in the Working Drawings approved by Tenant, including, without limitation, any change orders to the Work (in accordance with Paragraph 2 above) ("Additional Work") and the approval by Landlord of such Additional Work, which approval Landlord agrees shall not be unreasonably withheld, Landlord shall perform such Additional Work, at Tenant's sole cost and expense, subject, however, to the following provisions of this Paragraph 76. Prior to commencing any Additional Work requested by Tenant, Landlord shall submit to Tenant a written statement of the cost of such Additional Work, which cost shall include a fee payable to Landlord in the amount of 15% of the total cost of such Additional Work as compensation to Landlord for monitoring the Additional Work and for administration, overhead and field supervision associated with the Additional Work and an additional charge payable to Landlord in the amount of 5% of the total Cost of the Additional Work as compensation for Landlord's general conditions (such fee and additional charge being hereinafter herinafter referred to collectively as "Landlord's Additional Compensation"), and, concurrently with such statement of cost, Landlord shall also submit to Tenant a proposed tenant extra order (the "TEO") for the Additional Work in the standard form then in use by Landlord. Tenant shall execute and deliver to Landlord such TEO and shall pay to Landlord the entire cost of the Additional Work, including Landlord's Additional Compensation (as reflected in Landlord's statement of such cost), within five (5) days after Landlord's submission of such statement and TEO to Tenant. If Tenant fails to execute or deliver such TEO or pay the entire cost of such Additional Work within such 5-day period, then Landlord shall not be obligated to do any of the Additional Work and may proceed to do only the Work, as specified in the Working Drawings.

Appears in 1 contract

Samples: Lease Agreement (Fusion Telecommunications International Inc)

Additional Work. Upon Tenant's request and submission by Tenant (at Tenant's sole cost and expense) of the necessary information and/or plans and specifications for (i) work other than the Work described specified in the Plan and Working Drawings (the "Additional Work") or (ii) material other than Building Standard materials, including, but not limited to floor and the approval by Landlord of such Additional Workwall coverings, which approval Landlord agrees shall not be unreasonably withheld("Upgrade Materials"), Landlord shall may, at its election, perform the Additional Work or substitute such Additional WorkUpgrade Material for Building Standard materials, as applicable, at Tenant's sole cost and expenseexpense (except, subjectonly in the case of dedicated, however20 amp outlets indicated on the Plan which are not installed by the completion of the Work; such incremental difference in cost between installing such dedicated circuits and ordinary, Building Standard outlets shall be a credit to the following provisions of this Paragraph 7Tenant toward Additional Work or Upgrade Materials). Prior to commencing any Additional Work or utilizing any Upgrade Materials requested by Tenant, Landlord shall submit to Tenant a written statement of the cost of such Additional WorkWork or the incremental cost of such Upgrade Materials, which includes a credit for the price of Building Standard materials. The aforementioned cost in the case of Additional Work shall include a fee payable to Landlord in the amount of 15% of the total cost of such Additional Work as compensation to Landlord for monitoring the Additional Work and for administration, overhead and field supervision associated with the Additional Work and an additional five percent (5%) add-on charge payable to Landlord in the amount of 5% of the total Cost of the Additional Work as compensation for Landlord's general conditions (such fee field supervision, administration and additional charge being hereinafter referred to collectively as "Landlord's Additional Compensation"), and, concurrently overhead. Submitted simultaneously with such statement of costadditional cost statement, Landlord shall also submit to Tenant deliver a proposed tenant extra order Tenant Extra Order (the "TEO") for the Additional Work or Upgrade Materials in the standard form then in use by Landlord. If Tenant shall execute fail to enter into said TEO within one (1) week after Tenant's receipt thereof, Landlord shall proceed to do only the Work specified in the Plan and deliver Working Drawings utilizing only Building Standard materials. Tenant agrees to Landlord such TEO and shall pay to Landlord Landlord, concurrently with its execution of the TEO, the entire cost of the Additional Work, including Landlord's Additional Compensation (as reflected in Landlord's statement of such cost), within five (5) days after Landlord's submission of such statement and TEO to Tenant. If Tenant fails to execute Work or deliver such TEO or pay the entire incremental cost of such the Upgrade Materials, as applicable, as shown in the statement delivered by Landlord. Notwithstanding the above, any non-Building Standard, special order items, including, but not limited to floor and wall coverings and items not returnable to vendor shall be excluded from the above paragraph, and shall be at Tenant's sole cost and expense if any Additional Work within such 5-day periodor Upgraded Material TEO is initiated by Tenant, then Landlord shall not be obligated to do any upon or after Tenant's execution of the Additional Work and may proceed to do only the Work, as specified in the Working Drawings.

Appears in 1 contract

Samples: Office Lease (Privatebancorp Inc)

Additional Work. Upon Tenant's request and submission by Tenant (at --------------- Tenant's sole cost and expense) of the necessary information and/or plans and specifications for work other than the Work described in the Working Drawings ("Additional Work") and the approval by Landlord of such Additional Work, which approval Landlord agrees shall not be unreasonably withheld, Landlord shall perform such Additional Work, at Tenant's sole cost and expense, subject, however, to the following provisions of this Paragraph 7. Prior to commencing any Additional Work requested by Tenant, Landlord shall submit to Tenant a written statement of the cost of such Additional Work, which cost shall include a fee payable to Landlord in the amount of 15% of the total cost of such Additional Work as compensation to Landlord for monitoring the Additional Work and for administration, overhead and field supervision associated with the Additional Work and an additional charge payable to Landlord in the amount of 5% of the total Cost of the Additional Work as compensation for Landlord's general conditions (such fee and additional charge being hereinafter referred to collectively as "Landlord's Additional Compensation"), and, concurrently with such statement of cost, Landlord shall also submit to Tenant a proposed tenant extra order (the "TEO") for the Additional Work in the standard form then in use by Landlord. Tenant shall execute and deliver to Landlord such TEO and shall pay to Landlord the entire cost of the Additional Work, including Landlord's Additional Compensation (as reflected in Landlord's statement of such cost), within with five (5) days after Landlord's submission of such statement and TEO to Tenant. If Tenant fails to execute or deliver such TEO or pay the entire cost of such Additional Work within such 5-day period, . then Landlord shall not be obligated to do do' any of the Additional Work and may proceed to do only the Work, as specified in the Working Drawings.

Appears in 1 contract

Samples: Office Lease (Internet Capital Group Inc)

Additional Work. Upon (a) Tenant's Plans may also require or include special or extra materials or work in addition to the materials and work to be supplied by Landlord as part of Landlord's building standard tenant improvement package included in the unmodified form of this Work Letter, and Landlord may, at its option, supply such extra materials and perform such extra work and supply and perform any other materials and work not set forth herein or in Tenant's Plans (all of which special or extra materials and work shall be considered and sometimes called "extra materials and work") which Tenant may want completed for Tenant's account at cost plus fifteen percent (15%) for General Conditions (indirect job costs), which shall mean the amount charged for on-the-job services performed by Landlord's employees or contractors for the Tenant, his employees or contractors (such as cleanup, removal of waste and debris, protection of work in progress or completed, temporary maintenance and services, utilities, and use of elevators and hoists); to this total amount shall be added ten percent (10%) for Landlord's overhead and five percent (5%) for profit. Said percentages shall also apply to specific unit prices quoted or referred to elsewhere in the Work Letter. Where Tenant asks Landlord to supply such extra materials and perform such extra work, which is in substitution of like building standard materials and work, Tenant shall receive a credit for omission of such like building standard materials and work at Landlord's cost (with no addition of 15% and 5%). Before proceeding with any such extra work or supplying any such extra materials, Landlord shall notify Tenant in writing as to the respective costs of each extra item involved, and unless Landlord is notified otherwise by Tenant within two (2) business days of such notification by Landlord, except during the course of construction Tenant must notify Landlord within one (1) business day of such notification, it shall be deemed approved by Tenant for Landlord to proceed with the extras so itemized. (b) All of Tenant's Plans are subject to the Landlord's approval, but no approval shall be deemed an agreement by Landlord that the work included therein is in compliance with any legal requirements. (c) Any items set forth in this Work Letter which are not provided in Tenant's Plans or which at Tenant's request and submission are not included in connection with the construction hereunder, shall be deemed abandoned by Tenant (at unless Tenant's sole cost and expense) of the necessary information and/or plans and specifications for Plans include special or extra work other than the Work described in the Working Drawings ("Additional Work") and the approval by Landlord substitution of such Additional Worklike items and Landlord performs such work, in which approval Landlord agrees event Tenant shall not be unreasonably withheld, Landlord shall perform such Additional Work, at Tenant's sole cost and expense, subject, however, entitled to the following provisions of credit provided in Paragraph 00 xxxxxx. (x) Xxx xxxxxes for extra materials and work as provided in Paragraph 16 hereof or elsewhere in this Paragraph 7. Prior to commencing any Work Letter shall be deemed Additional Work requested Rent and shall be paid by Tenant, Landlord shall submit to Tenant a written statement of the cost of such Additional Work, which cost shall include a fee payable to Landlord in the amount of 15% of the total cost of such Additional Work as compensation to Landlord for monitoring the Additional Work and for administration, overhead and field supervision associated with the Additional Work and an additional charge payable to Landlord in the amount of 5% of the total Cost of the Additional Work as compensation for Landlord's general conditions (such fee and additional charge being hereinafter referred to collectively as "Landlord's Additional Compensation"), and, concurrently with such statement of cost, Landlord shall also submit to Tenant a proposed tenant extra order (the "TEO") for the Additional Work in the standard form then in use by Landlord. Tenant shall execute and deliver to Landlord such TEO and shall pay to Landlord the entire cost of the Additional Work, including Landlord's Additional Compensation (as reflected in Landlord's statement of such cost), within five (5) days after Landlord's submission being billed therefor. TENANT WORK ORDER NO. 001: TENANT TO FURNISH AND INSTALL THE FOLLOWING ADDITIONAL WORK AT TENANT'S SOLE COST AND EXPENSE: WINDOWS 62 To furnish and install five (5) 5' x 5' by 1/4" clear safety glass windows with brushed aluminum U-channel at top and bottom. To be installed in existing sheetrock walls. Three (3) 18" x 84" 1/4" clear safety glass side lights. TOTAL $3,672.31 CABINETS To furnish and install 10 lineal feet of such statement base cabinets and TEO hanger above, style Avia, Color White TOTAL $3,059.00 PLUMBING To furnish and install one (1) 22 x 25 stainless seel LK sixx xxxx a Delta chrome faucet. To furnish and install 1 1/2" copper condensate line from tenants air conditioning unit to Tenantcommon corridor slop sink, maximum of 50 lineal feet with check valve. If Tenant fails TOTAL $3,763.90 FLOORING To furnish and install new VCT in computer room TOTAL $1,596.00 HVAC To furnish and install one (1) exhaust fan in computer room ceiling ducted to execute or deliver such TEO or pay roof. TOTAL $2,195.00 LOCKS Up-graded charge to furnish and install building standard locksets on all interior doors on a master keyed system TOTAL $4,125.00 These items total $18,411.21, without the entire cost of such Additional Work within such 5-day periodelectrical estimates. Upon approval, then Landlord shall not be obligated to do any of the Additional Work and may we will proceed to do only the Workwith preparing a tenant work order. TERMS: $18,411.21 ON THE EXECUTION OF THIS AGREEMENT BY GOOD CHECK OR MONEY ORDER PAYABLE TO LKM EXPRESSWAY PLAZA LIMITED PARTNERSHIP. IT IS AGREED THAT THE $18,411.21 SHALL BE DEEMED ADDITIONAL RENT AND SHALL BE COLLECTIBLE AS PROVIDED FOR HEREIN WHETHER OR NOT THE TERM OF THE LEASE SHALL HAVE COMMENCED, as specified in the Working Drawings.AND IN DEFAULT OF PAYMENT THEREOF, LANDLORD SHALL (IN ADDITION TO ALL OTHER REMEDIES) HAVE THE SAME RIGHTS AS IN THE EVENT OF DEFAULT OF PAYMENT OF FIXED RENT. EXHIBIT D RULES AND REGULATIONS A. GENERAL RULES AND REGULATIONS

Appears in 1 contract

Samples: Lease Agreement (Queryobject Systems Corp)

Additional Work. Upon Tenant's ’s request and submission by Tenant (at Tenant's ’s sole cost and expense) of the necessary information and/or plans and specifications for work other than the Work described in the Working Drawings ("Additional Work") and/or changes to the work in the Working Drawings and the approval by Landlord of such Additional Work, which approval Landlord agrees shall not be unreasonably withheld, Landlord shall perform such Additional Work, at Tenant's ’s sole cost and expense, subject, however, to the following provisions of this Paragraph 7. Prior to commencing any Additional Work requested by Tenant, Landlord shall submit to Tenant (i) a written statement of the cost of such Additional Work, Work which shall take into account any cost shall include a fee payable savings attributable to Landlord in the amount of 15% of the total cost of such Additional Work as compensation to Landlord and, (ii) an estimate of the additional time, if any, required for monitoring the construction of the Additional Work and for administration, overhead and field supervision associated with the Additional Work and an additional charge payable to Landlord in the amount of 5% of the total Cost of the Additional Work as compensation for Landlord's general conditions (such fee and additional charge being hereinafter referred to collectively as "Landlord's Additional Compensation"), and, iii) concurrently with such statement of costand estimate, Landlord shall also submit to Tenant a proposed tenant extra order (the "TEO") for the Additional Work in the standard form then in use by Landlord. If Tenant approves the foregoing, Tenant shall execute and deliver to Landlord such TEO and shall pay to Landlord the entire cost of the Additional Work, including Landlord's Additional Compensation Work (as reflected in Landlord's ’s statement of such cost), within five two (52) business days after Landlord's ’s submission of such statement and TEO to TenantTenant and approve any delay set forth in the TEO. If Tenant fails to execute or deliver such TEO or pay the entire cost of such Additional Work within such 5-two (2) business day period, then Landlord shall not be obligated to do any of the Additional Work and may proceed to do only the Work, as specified in the Working Drawings.

Appears in 1 contract

Samples: Office Lease (Omniture, Inc.)

Additional Work. Upon Tenant's request and submission by Tenant (at Tenant's sole cost and expense) At any time prior to the first annual anniversary of the necessary information and/or plans 11120A Expansion Commencement Date (such time period, the “Additional Work Notice Period”), and specifications for provided Tenant is not then in default under the Lease beyond any applicable notice and cure periods, Tenant may request (by providing written notice to Landlord (such notice, the “Additional Work Notice”)) that Landlord perform that certain work other than as described on Exhibit C attached hereto (the Work described in the Working Drawings ("Additional Work") ”). In the event Tenant properly provides the Additional Work Notice in accordance with the immediately preceding sentence, Landlord shall commence planning and performing the approval by Landlord of Additional Work and diligently pursue such Additional Work to completion. Tenant understands and agrees that in order to perform the Additional Work, which approval certain work must be performed within the Premises during Tenant’s occupancy of the Premises for the Permitted Use, and therefore, significant cooperation of, and coordination with, Tenant will be required and Tenant shall cooperate with Landlord, as requested by Landlord, during the performance of the Additional Work. Tenant, upon request from Landlord, shall permit Landlord agrees shall not be unreasonably withheldand its employees, Landlord shall perform such contractors and representatives to enter the Premises at any time (including during business hours) for the purpose of performing the Additional Work, and Tenant shall indemnify Landlord for additional costs incurred by Landlord in the event Tenant breaches such obligation. Tenant shall, at Tenant's its sole cost and expense, subjectbe responsible for, howeverand assumes all risk of, to moving and/or protecting any of Tenant’s property within the following provisions of this Paragraph 7. Prior to commencing any Additional Work requested by Tenant, Landlord shall submit to Tenant a written statement of the cost of such Additional Work, which cost shall include a fee payable to Landlord Premises in the amount of 15% of the total cost of such Additional Work as compensation to Landlord for monitoring the Additional Work and for administration, overhead and field supervision associated connection with the Additional Work and an additional charge payable to Landlord in the amount of 5% of the total Cost of the Additional Work as compensation for Landlord's general conditions (such fee and additional charge being hereinafter referred to collectively as "Landlord's Additional Compensation"), and, concurrently with such statement of cost, Landlord shall also submit to Tenant a proposed tenant extra order (the "TEO") for the Additional Work in the standard form then in use by Landlord. Tenant shall execute and deliver to Landlord such TEO and shall pay to Landlord the entire cost performance of the Additional Work, including Landlord's Additional Compensation (as reflected in Landlord's statement of such cost), within five (5) days after Landlord's submission of such statement and TEO to Tenant. If Tenant fails to execute or deliver such TEO or pay the entire cost of such Additional Work within such 5-day period, then Landlord shall not be obligated liable for, and Tenant assumes all risk of, injury, loss or damage, including death, from any and all known and unknown causes arising from, or in connection with, the Additional Work, including any loss or damage to do personal property or scientific research, including loss of records kept by Tenant or any subtenant of Tenant within the Premises (in each case, regardless of whether such damages are foreseeable). In no event shall Landlord’s construction of the Additional Work and may proceed (a) cause Tenant’s rent to do only xxxxx under the WorkLease, as specified (b) give rise to any claim by Tenant or any subtenant of Tenant for damages or (c) constitute a forcible or unlawful entry, a detainer or an eviction of Tenant. Notwithstanding anything to the contrary herein, in the Working Drawingsevent Landlord does not receive the Additional Work Notice from Tenant prior to the expiration of the Additional Work Notice Period, Tenant shall have no further right to give an Additional Work Notice and Landlord shall have no further obligation to perform the Additional Work.

Appears in 1 contract

Samples: Sublease Agreement (Locust Walk Acquisition Corp.)

Additional Work. Upon Tenant's request and submission by Tenant (at Tenant's sole cost and expense) of the necessary information and/or plans and specifications for work other than the Work work described in the Working Drawings approved Schematic Design Documents (and the Construction Documents prepared consistent therewith) ("Additional Work") and the approval by Landlord of such Additional Work, which approval Landlord agrees shall not be unreasonably withheld, Landlord shall perform such Additional Work, at Tenant's sole cost and expense, subject, however, to the following provisions of this Paragraph 7Section 7.9. Prior to commencing any Additional Work requested by Tenant, Landlord shall submit to Tenant a written statement of the cost of such Additional Work, which cost shall include a fee payable to Landlord in the amount of 15% of the total cost of such Additional Work as compensation to Landlord for monitoring the Additional Work and for administration, overhead and field supervision associated with the Additional Work and an additional charge payable to Landlord in the amount of 5% of the total Cost of the Additional Work as compensation for Landlord's general conditions (such fee and additional charge being hereinafter referred to collectively as "Landlord's Additional Compensation"), ) and, concurrently with such statement of cost, Landlord shall also submit to Tenant a proposed tenant extra order (the "TEO") for the Additional Work in the standard form then in use by Landlord. Tenant shall execute and deliver to Landlord such TEO and shall pay to Landlord the entire cost of the Additional Work, including Landlord's Additional Compensation (as reflected in Landlord's statement of such cost), within five (5) days after Landlord's submission of such statement and TEO to Tenant. If Tenant fails to execute or deliver such TEO or pay the entire cost of such Additional Work within such 5-day period, then Landlord shall not be obligated to do any of the Additional Work and may proceed to do only the Tenant Work, as specified in the Working Drawingsapproved Construction Documents.

Appears in 1 contract

Samples: Office Lease (Quality Systems Inc)

Additional Work. Upon Tenant's Except as set forth in this Exhibit B and except for Landlord’s express obligations under the Lease and this Amendment, Landlord has no other agreement or obligation to Tenant to do any build out or other work in the New Space. Any other work in the New Space that Tenant may request and submission by Tenant (which Landlord may permit shall be at Tenant's ’s sole cost and expenseexpense (subject to any funds then remaining in the New Allowance) of and in accordance with the terms and conditions set forth in the Lease or herein. If Tenant shall require other work or materials (“Additional Work”) in the New Space in addition to the Tenant Improvements, Tenant shall deliver to Landlord for its reasonable approval the necessary information and/or plans additional drawings and specifications (the “Additional Drawings”) for work other than the Work described in the Working Drawings ("Additional Work") and the approval by Landlord of such Additional Work, which approval Landlord agrees shall approve unless a Design Problem exists. If Landlord does not be unreasonably withheldapprove of the Additional Drawings as delivered by Tenant as a result of a Design Problem, Landlord shall perform advise Tenant in writing of the changes required in the Additional Drawings so that they will meet with Landlord’s approval. Tenant shall cause the Additional Drawings to be revised and delivered to Landlord for Landlord’s final review and approval within seven (7) business days after Tenant’s receipt of such advice or Tenant shall be deemed to have abandoned its request for such Additional Work. Landlord, at Tenant's sole or its agents, shall furnish Tenant with written estimates of the cost and expense, subject, however, to the following provisions of this Paragraph 7. Prior to commencing any Additional Work requested and shall estimate to what extent such work may cause a delay in the Substantial Completion of the Tenant Improvements. If Tenant shall fail to approve in writing such estimates within seven (7) business days after receipt thereof, the estimates for the Additional Work shall be deemed disapproved in all respects by Tenant, Landlord shall submit not be authorized or required to Tenant a written statement of proceed with the cost of such Additional Work, which cost and Tenant shall include a fee payable work in good faith with Landlord and the general contractor to Landlord in the amount of 15% of the total cost of such Additional Work as compensation to Landlord for monitoring approve the Additional Work and for administration, overhead and field supervision associated with the Additional Work and an additional charge payable to Landlord in the amount of 5% of the total Cost estimates within ten (10) business days following Tenant’s receipt of the Additional Work cost estimates. If, however, Tenant approves in writing such estimates as compensation for Landlord's general conditions furnished by Landlord within such seven (such fee and additional charge being hereinafter referred to collectively as "Landlord's Additional Compensation")7) business day period, and, concurrently with such statement of cost, Landlord shall also submit to Tenant a proposed tenant extra order (the "TEO") for the Additional Work in the standard form then in use by Landlord. Tenant shall execute and deliver to Landlord such TEO and shall pay to Landlord the entire cost of the Additional Work, including Landlord's Additional Compensation (as reflected in Landlord's statement of such cost), within five (5) days after Landlord's submission of such statement and TEO to Tenant. If Tenant fails to execute or deliver such TEO or pay the entire cost of such Additional Work within thirty (30) days after Tenant’s receipt of invoices therefor from Landlord and prior to construction of such 5-day periodAdditional Work. Notwithstanding the foregoing, then to the extent the Tenant Improvements are constructed in substantial accordance with the Final Plans, Landlord shall not be obligated responsible, at its sole cost and expense (separate from and in addition to do the New Allowance), for (i) any work outside of the Additional Work New Space and may proceed to do only the Work, as specified in the Working Drawingscommon areas of the New Building in order to comply with applicable code and law (including the ADA), (ii) correcting any latent defects in the New Building systems, shell and/or core, (iii) the removal or remediation of any Hazardous Materials existing at the New Space as of the New Space Commencement Date in violation of Environmental Law (except to the extent such Hazardous Materials were caused by Tenant or its employees, agents, representatives, consultants or contractors), and (iv) any work to the existing restrooms in the New Space in order to comply with applicable code and law (including ADA) (except to the extent such violation arose from Tenant’s specific use of the New Space for other than the permitted use under the Lease or any other work performed or requested by Tenant).

Appears in 1 contract

Samples: Office Lease Agreement (Arcutis Biotherapeutics, Inc.)

Additional Work. Upon Tenant's request and submission by Tenant (at --------------- Tenant's sole cost and expense) of the necessary information and/or plans and specifications for work other than the Work described in the Working Drawings ("Additional Work") and the approval by Landlord of such Additional Work, which approval Landlord agrees shall not be unreasonably withheld, Landlord shall perform such Additional Work, at Tenant's sole cost and expenseexpense (to the extent the cost thereof exceeds the Allowance), subject, however, to the following provisions of this Paragraph 7. Prior to commencing any Additional Work requested by Tenant, Landlord shall submit to Tenant a written statement of the cost of such Additional Work, which cost shall include a fee payable to Landlord in the amount of 159% of the total cost of such Additional Work as compensation to Landlord for monitoring the Additional Work and for administration, overhead and field supervision associated with the Additional Work and an additional charge payable to Landlord in the amount of 5% of the total Cost of the Additional Work as compensation for Landlord's general conditions Work. (such fee and additional charge being hereinafter referred to collectively as "Landlord's Additional Compensation"), and, concurrently with such statement of cost, Landlord shall also submit to Tenant a proposed tenant extra order (the "TEO") for the Additional Work in the standard form then in use by Landlord. Tenant shall execute and deliver to Landlord such TEO and shall pay to Landlord the entire cost of the Additional Work, including Landlord's Additional Compensation (as reflected in Landlord's statement of such cost), within five (5) days after Landlord's submission of such statement and TEO to Tenant. If Tenant fails to execute or deliver such TEO or pay the entire cost of such Additional Work within such 5-day period, then Landlord shall not be obligated to do any of the Additional Work and may proceed to do only the Work, as specified in the Working Drawings.. EXHIBIT B ---------

Appears in 1 contract

Samples: Office Lease (Internet Capital Group Inc)

Additional Work. Upon Tenant's ’s request and submission by Tenant (at Tenant's ’s sole cost and expense) of the necessary information and/or plans and specifications for work other than the Landlord’s Work described in the Working Drawings ("Additional Work") and/or changes to the work in the Working Drawings and the approval by Landlord of such Additional Work, which approval Landlord agrees shall not be unreasonably withheld, Landlord shall perform such Additional Work, at Tenant's ’s sole cost and expenseexpense to the extent the Additional Work increases the Cost of the Work to exceed the Allowance, subject, however, to the following provisions of this Paragraph 7. Prior to commencing any Additional Work requested by Tenant, Landlord shall submit to Tenant (i) a written statement of the cost of such Additional Work, Work which shall take into account any cost shall include a fee payable savings attributable to Landlord in the amount of 15% of the total cost of such Additional Work as compensation to Landlord and, (ii) an estimate of the additional time, if any, required for monitoring the construction of the Additional Work and for administration, overhead and field supervision associated with the Additional Work and an additional charge payable to Landlord in the amount of 5% of the total Cost of the Additional Work as compensation for Landlord's general conditions (such fee and additional charge being hereinafter referred to collectively as "Landlord's Additional Compensation"), and, iii) concurrently with such statement of cost, Landlord shall also submit to Tenant a proposed tenant extra order (the "TEO") for the Additional Work in the standard form then in use by Landlord. If Tenant approves the foregoing, Tenant shall execute and deliver to Landlord such TEO and shall pay to Landlord the entire cost of the Additional Work, including Landlord's Additional Compensation Work (as reflected in Landlord's ’s statement of such cost), within five one (51) days business day after Landlord's ’s submission of such statement and TEO to TenantTenant and approve any delay in the Commencement Date resulting from the performance of the Additional Work by Landlord. If Tenant fails to execute or deliver such TEO or pay the entire cost of such Additional Work within such 5-one (I) business day period, then Landlord shall not be obligated to do any of the Additional Work and may proceed to do only the Landlord’s Work, as specified in the Working Drawings.

Appears in 1 contract

Samples: Office Lease (Splunk Inc)

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Additional Work. Upon Tenant's ’s request and submission by Tenant (at Tenant's ’s sole cost and expense) of the necessary information and/or plans and specifications for work other than the Work described in the Working Drawings ("Additional Work") and the approval by Landlord of such Additional Work, which approval Landlord agrees shall not be unreasonably withheld, Landlord shall perform such Additional Work, at Tenant's ’s sole cost and expense, subject, however, to the following provisions of this Paragraph Section 7. Prior to commencing any Additional Work requested by Tenant, Landlord shall submit to Tenant a written statement of the cost of such Additional Work, which cost shall include a fee payable to Landlord in the amount of 1525% of the total cost of such Additional Work as compensation to Landlord for monitoring the Additional Work and for administration, overhead and field supervision associated with the Additional Work and an additional charge payable to Landlord in the amount of 5% of the total Cost of the Additional Work as compensation for (“Landlord's general conditions (such fee and additional charge being hereinafter referred to collectively as "Landlord's ’s Additional Compensation"), and, concurrently with such statement of cost, Landlord shall also submit to Tenant a proposed tenant extra order (the "TEO") for the Additional Work in the standard form then in use by Landlord. Tenant shall execute and deliver to Landlord such TEO and shall pay to Landlord the entire cost of the Additional Work, including Landlord's ’s Additional Compensation (as reflected in Landlord's ’s statement of such cost), within five (5) days after Landlord's ’s submission of such statement and TEO to Tenant. If Tenant fails to execute or deliver such TEO or pay the entire cost of such Additional Work within such 5-day period, then Landlord shall not be obligated to do any of the Additional Work and may proceed to do only the Work, as specified in the Working Drawings.

Appears in 1 contract

Samples: Lease Agreement (Global Secure Corp.)

Additional Work. Upon 7.9.1. During construction of the Tenant Work for a given Phase, upon Tenant's request and submission by Tenant (at Tenant's sole cost and expense) of the necessary information and/or plans and specifications for work within that Phase other than the Tenant Work described in the Working Drawings approved Construction Documents for that Phase ("Additional Work") and the approval by Landlord of such Additional Work, which approval Landlord agrees shall not be unreasonably withheld, Landlord shall perform such Additional Work, at Tenant's sole cost and expense, subject, however, to the following provisions of this Paragraph 7Section 7.9. Prior to commencing any Additional Work requested by Tenant, Landlord shall submit to Tenant a written statement of the cost of such Additional Work, which cost shall include a fee payable to Landlord in the amount of 15% of the total cost of such Additional Work as compensation to Landlord for monitoring the Additional Work and for administration, overhead and field supervision associated with the Additional Work and an additional charge payable to Landlord in the amount of 5% of the total Cost of the Additional Work as compensation for Landlord's general conditions (such fee and additional charge being hereinafter referred to collectively as "Landlord's Additional Compensation"), ) and, concurrently with such statement of cost, Landlord shall also submit to Tenant a proposed tenant extra order (the "TEO") for the Additional Work in the standard form then in use by Landlord. Tenant shall execute and deliver to Landlord such TEO and shall pay to Landlord the entire cost of the Additional Work, including Landlord's Additional Compensation (as reflected in Landlord's statement of such cost), within five (5) days after Landlord's submission of such statement and TEO to Tenant. If Tenant fails to execute or deliver such TEO or pay the entire cost of such Additional Work within such 5-day period, then Landlord shall not be obligated to do any of the Additional Work and may proceed to do only the Tenant Work, as specified in the Working Drawingsapproved Construction Documents. 7.9.2. Without limiting the generality of the foregoing, Tenant acknowledges that Landlord may disapprove Additional Work requested by Tenant under this Section 7.9 because the work requested: (a) is likely to adversely affect Building systems, the structure of the Building or the safety of the Building and/or its occupants; (b) might impair Landlord's ability to furnish services to Tenant or other tenants in the Building; (c) would increase the cost of operating the Building; (d) would violate any governmental laws, rules or ordinances (or interpretations thereof); (e) contains or uses hazardous or toxic materials or substances; (f) would adversely affect the appearance of the Building; (g) might adversely affect another tenant's premises; (h) is prohibited by any ground lease affecting the Building or any mortgage, trust deed or other instrument encumbering the Building; or (i) is likely to be substantially delayed because of unavailability or shortage of labor or materials necessary to perform such work or the difficulties or unusual nature of such work. The foregoing reasons, however, shall not be the only reasons for which Landlord may withhold its approval, whether or not such other reasons are similar or dissimilar to the foregoing. Neither the approval by Landlord of the Additional Work or any plans, drawings, specifications or other items associated with the Additional Work, nor Landlord's performance, supervision or monitoring of the Additional Work, shall constitute any warranty by Landlord to Tenant of the adequacy of the design for Tenant's intended use of the Premises.

Appears in 1 contract

Samples: Office Lease (Real Media Inc)

Additional Work. Upon (a) Following the Possession Date, and simultaneously with the Tenant's request and submission by Tenant (at Tenant's sole cost and expense) of the necessary information and/or plans and specifications for work other than the Work described in the Working Drawings ("Additional Work") and the approval by Landlord of such Additional ’s Work, which approval Landlord agrees shall not be unreasonably withheld, Landlord shall perform such Additional WorkTenant shall, at Tenant's Landlord’s sole cost and expense, subject, however, complete the following work to the following provisions Premises (“Additional Work”): (a) renovation of this Paragraph 7. Prior building standard restrooms including any required ADA upgrades; (b) improvement of all windows to commencing any Additional Work requested deliver them as double pane; (c) fire coating all columns, floors, walls and ceilings as required by Tenant, Landlord shall submit to Tenant a written statement the Seattle Fire Code; (d) patch plaster of exterior Premises walls in the interior of the cost Building; (e) installation of such a sprinkler system throughout the Premises per the approved Space Plan; and (f) purchase and installation of all HVAC systems, including but not limited to all HVAC equipment, VAV boxes, power to all mechanical equipment, controls and construction of the required mechanical room on each floor all per the approved Space Plans; and (g) provide and install Building standard window blinds for all windows (to be completed prior to occupancy in conjunction with Tenant’s Work). Tenant shall obtain any governmental approvals and permits required for the Additional Work, which cost shall include a fee payable to Landlord in the amount of 15% of the total cost of such Additional Work as compensation to Landlord for monitoring the Additional Work and for administration, overhead and field supervision associated with the Additional Work and an additional charge payable to Landlord in the amount of 5% of the total Cost of the Additional Work as compensation for Landlord's general conditions . (such fee and additional charge being hereinafter referred to collectively as "Landlord's Additional Compensation"), and, concurrently with such statement of cost, Landlord shall also submit to b) Tenant a proposed tenant extra order (the "TEO") bids for the Additional Work in the standard form then in use from not less than three (3) contractors selected by Tenant and approved by Landlord. Tenant Following receipt of bids, Tenant, after consultation with Landlord, shall execute and deliver engage or cause to Landlord such TEO and shall pay to Landlord be engaged the entire cost of contractor submitting the Additional Work, including Landlord's Additional Compensation bid selected by Tenant. (as reflected in Landlord's statement of such cost), within five (5c) days after Landlord's submission of such statement and TEO to Tenant. If Tenant fails to execute or deliver such TEO or pay the entire cost of such Additional Work within such 5-day period, then Landlord shall not be obligated to do any of solely responsible for all actual hard and soft costs for the Additional Work and (the “Additional Work Costs”). Landlord shall reimburse Tenant for the actual Additional Work Costs in accordance with the procedures set forth in Section 7(b) above for the disbursement of the Tenant Allowance. If Landlord fails to pay the Additional Work Costs when due within forty-five (45 days) upon Tenant satisfying the conditions of 7 (B) above, Tenant may proceed to do only xxxxx Minimum Monthly Rent until the Work, as specified Additional Work Costs has been fully recovered or has been paid in the Working Drawingsfull by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Onvia Inc)

Additional Work. Upon Tenant's request and submission by Tenant (at ---------------- Tenant's sole cost and expense) of the necessary information and/or plans and specifications for work other than the Work described in the Working Drawings ("Additional Work") and the approval by Landlord of such Additional Work, which approval Landlord agrees shall not be unreasonably withheld, Landlord shall perform such Additional Work, at Tenant's sole cost and expense, subject, however, to the following provisions of this Paragraph 7. Prior to commencing any Additional Work requested by Tenant, Landlord shall submit to Tenant a written statement of the cost of such Additional Work, which cost shall include a fee payable to Landlord in the amount of 155% of the total cost of such Additional Work as compensation to Landlord for monitoring the Additional Work and for administration, overhead and field supervision associated with the Additional Work and an additional charge payable to Landlord in the amount of 5% of the total Cost of the Additional Work as compensation for Landlord's general conditions (such fee and additional charge being hereinafter referred to collectively as "Landlord's Additional Compensation"), and, concurrently with such statement of cost, Landlord shall also submit to Tenant a proposed tenant extra order (the "TEO") for the Additional Work in the standard form then in use by Landlord. Tenant shall execute and deliver to Landlord such TEO and shall pay to Landlord the entire cost of the Additional Work, including Landlord's Additional Compensation (as reflected in Landlord's statement of such cost), within five (5) days after Landlord's submission of such statement and TEO to Tenant. If Tenant fails to execute or deliver such TEO or pay the entire cost of such Additional Work within such 5-day period, then Landlord shall not be obligated to do any of the Additional Work and may proceed to do only the Work, as specified in the Working Drawings.

Appears in 1 contract

Samples: Office Lease (Igate Capital Corp)

Additional Work. Upon Tenant's request and submission by Tenant (at Tenant's sole cost and expense) of the necessary information and/or plans and specifications for work other than the Work described in the Working Drawings ("Additional Work") and the approval by Landlord of such Additional Work, which approval Landlord agrees shall not be unreasonably withheld, Landlord shall perform such Additional Work, at Tenant's sole cost and expense, subject, however, to the following provisions of this Paragraph 7. Prior to commencing any Additional Work requested by Tenant, Landlord shall submit to Tenant a written statement of the cost of such Additional Work, which cost shall include a fee payable to Landlord in the amount of 15% of the total cost of such Additional Work as compensation to Landlord for monitoring the Additional Work and for administration, overhead and field supervision associated with the Additional Work and an additional charge payable to Landlord in the amount of 5% of the total Cost of the Additional Work as compensation for Landlord's general conditions Work. (such fee and additional charge being hereinafter referred to collectively as "Landlord's Additional Compensation"), and, concurrently with such statement of cost, Landlord shall also submit to Tenant a proposed tenant extra order (the "TEO") for the Additional Work in the standard form then in use by Landlord. Tenant shall execute and deliver to Landlord such TEO and shall pay to Landlord the entire cost of the Additional Work, including Landlord's Additional Compensation (as reflected in Landlord's statement of such cost), within five (5) days after Landlord's submission of such statement and TEO to Tenant. If Tenant fails to execute or deliver such TEO or pay the entire cost of such Additional Work within such 5-day period, then Landlord shall not be obligated to do any of the Additional Work and may proceed to do only the Work, as specified in the Working Drawings.

Appears in 1 contract

Samples: Office Lease (Chemconnect Inc)

Additional Work. Upon Tenant's request and submission by If Tenant (at Tenant's sole cost and expense) wishes, Landlord, prior to the commencement of the necessary information and/or plans and specifications for work other than Term to do any construction, decorating or similar things in the Premises in addition to the Work described in to be performed by Landlord pursuant to Paragraph 1 hereof, (the Working Drawings ("Additional Work".) Tenant may, at its expense, submit drawings and specifications for the approval by Additional Work (the "Additional Plans"), to Landlord of for its approval. Landlord shall have no duty to approve the same or to do or permit any Additional Work and shall not be deemed to have done so unless it approves the same in writing or agrees in writing to do or permit such Additional Work, which approval . If Landlord agrees shall not be unreasonably withheldto do so, Landlord shall perform such Additional Work, at Tenant's sole cost and expense, subject, however, to the following provisions of this Paragraph 7. Prior to commencing any Additional Work requested by Tenant, Landlord it shall submit to Tenant a written statement estimates of the cost thereof. Within seven (7) days after receipt of such estimate, Tenant shall either direct Landlord in writing to do the Additional Work at Tenant's cost or Tenant shall be deemed to have abandoned its request for such Additional Work, which cost shall include a fee payable . Tenant agrees to pay to Landlord in within ten (10) days after receipt of bills therefore (which bills may be rendered by Landlord from time to time during the amount of 15% of the total cost course of such Additional Work as compensation to Landlord for monitoring or any time) the Additional Work and for administration, overhead and field supervision associated with the Additional Work and an additional charge payable to Landlord in the amount of 5% of the total Cost of the Additional Work as compensation for Landlord's general conditions (such fee and additional charge being hereinafter referred to collectively as "Landlord's Additional Compensation"), and, concurrently with such statement of cost, Landlord shall also submit to Tenant a proposed tenant extra order (the "TEO") for the Additional Work in the standard form then in use by Landlord. Tenant shall execute and deliver to Landlord such TEO and shall pay to Landlord the entire cost of the Additional Work, including Landlord's Additional Compensation (as reflected in Landlord's statement of such cost), within five (5) days after Landlord's submission of such statement and TEO to Tenant. If Tenant fails to execute or deliver such TEO or pay the entire cost of all such Additional Work within (without regard to whether such 5-day period, then Landlord shall not be obligated cost exceeds the estimates furnished). It is understood that any additions or alterations to do any the Premises desired by Tenant after the commencement of the Additional Work and may proceed Term shall be subject to do only the Work, as specified in provisions of Paragraph 8 of the Working DrawingsLease.

Appears in 1 contract

Samples: Office Building Lease (Asset Acceptance Capital Corp)

Additional Work. Upon TenantExcept to the extent described herein, in Exhibit C or in the Lease, Landlord has no obligation to do or pay for any work to the Premises (or any plans or specifications relating thereto). If Tenant shall require other work or materials ("Additional Work") in the Premises in addition to or in substitution for Landlord's Work, Tenant shall deliver to Landlord for its approval final Architectural Plans for such Additional Work at or before the time Tenant is required pursuant to Section 1 hereof to deliver Xxxxxx's written approval of the Architectural Plans for Landlord's Work. If Landlord does not approve of the Architectural Plans for the Additional Work, as delivered by Xxxxxx, Landlord shall advise Tenant generally of the changes required in such Plans so that they will meet with Xxxxxxxx's approval. Tenant shall cause the Architectural Plans for the Additional Work to be revised and delivered to Landlord for its final review and approval within five (5) business days after Xxxxxx's receipt of such advice or Tenant shall be deemed to have abandoned its request for such Additional Work. After final approval of the Architectural Plans for the Additional Work by Landlord, Landlord shall cause the preparation of final Engineering Plans relating thereto. All Architectural and submission by Tenant Engineering Plans for the Additional Work (together with any changes to the Architectural or Engineering Plans for the Landlord's Work which may be required as a result thereof) shall be prepared and completed at Tenant's sole cost and expense) . Landlord shall furnish Tenant with written estimates of the necessary information and/or plans and specifications for work other than cost of the Additional Work described in the Working Drawings within fifteen ("Additional Work"15) and the approval business days after receipt by Landlord of such the Engineering Plans for the Additional Work. If Tenant shall fail to approve in writing such estimates within seven (7) business days from receipt thereof, which approval the estimates shall be deemed disapproved in all respects by Tenant; Landlord agrees shall not be unreasonably withheld, Landlord shall perform such authorized or required to proceed with any Additional Work, at Tenant's sole cost ; and expense, subjectTenant shall be deemed to have abandoned its request therefor. If, however, to Xxxxxx approves in writing such estimate as furnished by Xxxxxxxx within said seven (7) day period, Tenant shall pay Landlord the following provisions of this Paragraph 7. Prior to commencing any Additional Work requested by Tenant, Landlord shall submit to Tenant a written statement of the actual cost of such Additional Work, which cost shall include a fee payable as follows: (a) Unless otherwise agreed by Xxxxxxxx, an amount equal to Landlord in the amount of 15% fifty percent (50%) of the estimated total cost of such Additional Work as compensation shall be paid to Landlord for monitoring upon receipt and written approval of the Additional Work and for administrationestimate, overhead and field supervision associated with and (b) An amount equal to the Additional Work and an additional charge payable to Landlord in the amount of 5% unpaid balance of the total Cost actual cost of the Additional Work as compensation for shall be paid to Landlord within thirty (30) days of Landlord's general conditions (statement following substantial completion of such fee and additional charge being hereinafter referred to collectively as "Landlord's Additional Compensation"), Work; and, concurrently with provided Xxxxxx makes all payments when required herein and furnishes reasonable security for the balance of such statement of costcosts, Landlord shall also submit Xxxxxxxx agrees to Tenant a proposed tenant extra order (the "TEO") for cause the Additional Work to be performed by Xxxxxxxx's contractors. If Landlord is not required to perform Additional Work as provided in this Section 2, the standard form then in use alterations and improvements to be made to the Premises prior to the commencement of the Term of the Lease shall be limited to Landlord's Work and any additional alterations and improvements to the Premises desired by Landlord. Tenant shall execute and deliver to Landlord such TEO and shall pay to Landlord be made after the entire cost commencement of the Additional Work, including Landlord's Additional Compensation (as reflected in Landlord's statement of such cost), within five (5) days after Landlord's submission of such statement and TEO to Tenant. If Tenant fails to execute or deliver such TEO or pay the entire cost of such Additional Work within such 5-day period, then Landlord shall not be obligated to do any Term of the Additional Work and may proceed to do only Lease as provided in Section 5 of the Work, as specified in the Working DrawingsLease.

Appears in 1 contract

Samples: Consent of Landlord (Sublease) (Ebenx Inc)

Additional Work. Upon Tenant's request and submission by Tenant (at Tenant's sole cost and expense) of the necessary information and/or plans and specifications for work other than the Work described in the Working Drawings Drawings, including without limitation, any change orders (the "Additional Work") and the approval by Landlord of such Additional Work, which approval Landlord agrees shall not be unreasonably withheld, Landlord shall perform such Additional Work, at Tenant's sole cost and expense, subject, however, to the following provisions of this Paragraph 78. Prior to commencing any Additional Work requested by Tenant, Landlord shall submit to Tenant a written statement of the cost of such Additional Work, which cost shall include a fee payable to Landlord in the amount of 15% five percent (5%) of the total cost of such Additional Work as compensation to Landlord for monitoring the Additional Work and for administration, overhead and field supervision associated with the Additional Work and an additional charge payable to Landlord in the amount of 5% of the total Cost of the Additional Work as compensation for Landlord's general conditions (such fee and additional charge being hereinafter referred to collectively as "Landlord's Additional Compensation"), and, concurrently with such statement of cost, Landlord shall also submit to Tenant a proposed tenant extra order (the "TEO") for the Additional Work in the standard form then in use by Landlord. Tenant shall execute and deliver to Landlord such TEO and shall pay to Landlord the entire cost of the Additional Work, including Landlord's Additional Compensation (as reflected in Landlord's statement of such cost), within five (5) days after Landlord's submission of such statement and TEO to Tenant. If Tenant fails to execute or deliver such TEO or pay the entire cost of such Additional Work within such 5-day period, then Landlord shall not be obligated to do any of the Additional Work and may proceed to do only the Work, as specified in the Working Drawings.

Appears in 1 contract

Samples: Office Lease (Insweb Corp)

Additional Work. Upon Tenant's request and submission by Tenant (at Tenant's sole cost and expense) of the necessary information and/or plans and specifications for work other than the Work described in the Working Drawings ("Additional Work") and the approval by Landlord of such Additional Work, which approval Landlord agrees shall not be unreasonably withheld, Landlord shall perform such Additional Work, at Tenant's sole cost and expense, subject, however, to the following provisions of this Paragraph 7. Prior to commencing any Additional Work requested by Tenant, Landlord shall submit to Tenant a written statement of the cost of such Additional Work, which cost shall include a fee payable to Landlord in the amount of 1510% of the total cost of such Additional Work as compensation to Landlord for monitoring the Additional Work and for administration, overhead and field supervision associated with the Additional Work and an additional charge payable to Landlord in the amount of 5% of the total Cost of the Additional Work as compensation for Landlord's general conditions (such fee and additional charge being hereinafter referred to collectively as "Landlord's Additional Compensation"), and, concurrently with such statement of cost, Landlord shall also submit to Tenant a proposed tenant extra order (the "TEO") for the Additional Work in the standard form then in use by Landlord. Tenant shall within 5 days after delivery of such TEO to Tenant execute and deliver to Landlord such TEO and shall within 15 days after delivery of such TEO to Tenant pay to Landlord the entire cost of the Additional Work, including Landlord's Additional Compensation (as reflected in Landlord's statement of such cost), within five (5) days after Landlord's submission of such statement and TEO to Tenant. If Tenant fails to timely or properly execute or deliver such TEO or pay the entire cost of such Additional Work within such 5-day periodWork, then Landlord shall not be obligated to do any of the Additional Work and may proceed to do only the Work, as specified in the Working Drawings.

Appears in 1 contract

Samples: Office Lease (Kanbay International Inc)

Additional Work. Upon Tenant's request and submission by Tenant (at --------------- Tenant's sole cost and expense) of the necessary information and/or plans and specifications for work other than the Work described in the Working Drawings ("Additional Work") and the approval by Landlord of such Additional Work, which ------------------- approval Landlord agrees shall not be unreasonably withheld, Landlord shall perform such Additional Work, at Tenant's sole cost cost--and expense, subject, however, to the following provisions EXHIBIT B-6 of this Paragraph 7. Prior to commencing any Additional Work requested by Tenant, Landlord shall submit to Tenant a written statement of the cost of such Additional Work, which cost shall be competitive with the cost that other general contractors would charge for the same work and which shall include (i) a fee payable to Landlord in an amount to be agreed upon at the amount of 15% of the total cost of such Additional Work time by Landlord and Tenant as compensation to Landlord for monitoring the Additional Work and for administration, overhead and field supervision associated with the Additional Work and (ii) an additional charge payable to Landlord in an amount to be agreed upon at the amount of 5% of the total Cost of the Additional Work time by Landlord and Tenant as compensation for Landlord's general conditions (such fee and additional charge being hereinafter referred to collectively as "Landlord's Additional Compensation"), and, ---------------------------------- concurrently with such statement of cost, Landlord shall also submit to Tenant a proposed tenant extra order (the "TEO") for the Additional Work in the standard --- form then in use by Landlord. Tenant shall execute and deliver to Landlord such TEO and shall pay to Landlord the entire cost of the Additional Work, including Landlord's Additional Compensation Work within ten (as reflected in Landlord's statement of such cost), within five (510) days after Landlord's Landlords submission of such statement and TEO to Tenant. If Tenant fails to execute or deliver such TEO or pay the entire cost of such the Additional Work within such 510-day period, then Landlord shall not be obligated to do any of the Additional Work and may proceed to do only the Work, as specified in the Working Drawings.

Appears in 1 contract

Samples: Office Lease (Catellus Development Corp)

Additional Work. Upon TenantLessee's request and submission by Tenant Lessee (at Tenant--------------- Lessee's sole cost and expense) of the necessary information and/or plans and specifications for work other than the Work described in the Working Drawings Plans (the "Additional Work") and the approval by Landlord Lessor of such Additional Work, which approval Landlord Lessor agrees shall not be unreasonably withheld, Landlord Lessor shall perform such Additional Work, at Tenant's sole cost and expense, subject, however, to the following provisions of this Paragraph 75 and Paragraph 6. Prior to commencing any Additional Work requested by TenantLessee, Landlord Lessor shall submit to Tenant Lessee a written statement of the cost of such Additional Work, which cost shall include a fee payable to Landlord Lessor in the amount of 157.00% of the total cost of such Additional Work as compensation to Landlord Lessor for monitoring the Additional Work and for administration, overhead and field supervision associated with the Additional Work and an additional charge payable to Landlord in the amount of 5% of the total Cost of the Additional Work as compensation for Landlord's general conditions (such fee and additional charge being hereinafter referred to collectively as "LandlordLessor's Additional Compensation"), and, concurrently with such statement of cost, Landlord Lessor shall also submit to Tenant Lessee a proposed tenant Lessee extra order (the "TEO") for the Additional Work in the standard form then in use by LandlordLessor. Tenant Lessee shall execute and deliver to Landlord Lessor such TEO and shall pay to Landlord the entire cost of the Additional Work, including Landlord's Additional Compensation (as reflected in Landlord's statement of such cost)TEO, within five (5) days after LandlordLessor's submission of such statement and TEO to TenantLessee. If Tenant Lessee fails to execute or deliver such TEO or pay the entire cost of such Additional Work within such 5-day periodTEO, then Landlord Lessor shall not be obligated to do any of the Additional Work and may proceed to do only the Work, as specified in the Working DrawingsPlans. Notwithstanding anything contained herein to the contrary and in the event the sum of the Lessor's Additional Compensation, the cost of the Additional Work, plus the cost of the Work exceed Construction Cost Limitation, then the provisions of Paragraph 6 shall apply. Lessor shall not be deemed to have acted unreasonably if it withholds its approval of any Additional Work because, in Lessor's reasonable opinion the Additional Work, as the case may be: (a) is likely to adversely affect Building systems, the structure of the Building or the safety of the Building and/or its occupants; (b) might impair Lessor's ability to furnish services to Lessee; (c) would increase the cost of operating the Building; (d) would violate any governmental laws, rules or ordinances (or interpretations thereof); (e) contains or uses hazardous or toxic materials or substances; (f) would adversely affect the appearance of the Building; (g) is prohibited by any mortgage, trust deed or other instrument encumbering the Building; or (h) is likely to be substantially delayed because of unavailability or shortage of labor or materials necessary to perform such work or the difficulties or unusual nature of such work. The foregoing reasons, however, shall not be the only reasons for which Lessor may withhold its approval, whether or not such other reasons are similar or dissimilar to the foregoing.

Appears in 1 contract

Samples: Sublease Agreement (Andromedia Inc)

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