Common use of Bidding of Work Clause in Contracts

Bidding of Work. Prior to commencing the Work, Landlord shall competitively bid the Work to three contractors approved by Landlord in its reasonable discretion. Tenant shall be allowed to review the submitted bids from such contractors to value engineer any of Tenant’s requested alterations. In such case, Tenant shall notify Landlord of any items in the Working Drawings that Tenant desires to change within three business days after Landlord’s submission thereof to Tenant. If Tenant fails to notify Landlord of its election within such three business day period, Tenant shall be deemed to have approved the bids. Within three business days following Landlord’s submission of the initial construction bids to Tenant under the foregoing provisions (if applicable), Tenant shall have completed all of the following items: (a) finalized with Landlord’s representative and the proposed contractor, the pricing of any requested revisions to the bids for the Work, and (b) approved in writing any overage in the Total Construction Costs in excess of the Expansion Construction Allowance, failing which, each day after such three business day period shall constitute a Tenant Delay Day. After Tenant has approved the bids, Landlord and Tenant shall mutually agree (each acting reasonably and in good faith) on one of the three contractors’ bids and Landlord shall enter into a firm fixed price contract with that party within three business days following the parties’ selection, and that contractor shall commence work within five business days following the execution of that agreement and issuance of a permit from the City of Austin.

Bidding of Work. Prior to commencing the Work, Landlord shall competitively bid the Work to three contractors selected by Landlord and reasonably approved by Landlord Tenant, which approval shall not be unreasonably withheld, delayed or conditioned. Any value engineering by Tenant within the five business day period provided in its reasonable discretionthe last sentence of this Section 4 will not constitute a Tenant Delay Day. If the estimated Total Construction Costs are expected to exceed the Construction Allowance, Tenant shall be allowed to review the submitted bids from such contractors to value engineer any of Tenant’s requested alterations. In such case, Tenant shall notify Landlord of any items in the Working Drawings that Tenant desires to change within three business days after Landlord’s submission thereof to Tenant. If Tenant fails to notify Landlord of its election within such three business day period, Tenant shall be deemed to have approved the bids. Within three five business days following Landlord’s submission of the initial construction bids to Tenant under the foregoing provisions (if applicable), Tenant shall have completed all of the following items: (a) finalized with Landlord’s representative and the proposed contractor, the pricing of any requested revisions to the bids for the Work, and (b) approved in writing any overage in the Total Construction Costs in excess of the Expansion Construction Allowance, failing which, each day after such three five business day period shall constitute a Tenant Delay Day. After Tenant has approved the bids, Landlord and Tenant shall mutually agree (each acting reasonably and in good faith) on one of the three contractors’ bids and Landlord shall enter into a firm fixed price contract with that party within three business days following the parties’ selection, and that contractor shall commence work within five business days following the execution of that agreement and issuance of a permit from the City of Austin.

Bidding of Work. Prior to commencing the Work, Landlord shall competitively bid the Work to three four (4) contractors approved by Landlord mutually acceptable to Tenant and Landlord, excluding Xxxxxx Construction. If the estimated Total Construction Costs (defined in its reasonable discretion. Section 8 below) are expected to exceed the Construction Allowance (defined in Section 9 below), Tenant shall be allowed to review the submitted bids from such contractors to value engineer any of Tenant’s requested alterations. In such case, Tenant shall notify Landlord of any items in the Working Drawings that Tenant desires to change within three business days five (5) Business Days after Landlord’s submission thereof to Tenant. If Tenant fails to notify Landlord of its election within such three business day five (5) Business Day period, Tenant shall be deemed to have approved the bids. Within three business days ten (10) Business Days following Landlord’s submission to Tenant of the initial construction bids to Tenant under the foregoing provisions (if applicable), Tenant shall have completed all of the following items: (a) finalized with Landlord’s representative and the proposed contractor, the pricing of any requested revisions to the bids for the Work, and (b) approved in writing any overage in the Total Construction Costs in excess of the Expansion Construction Allowance, failing which, which each day after such three business day ten (10) Business Day period shall constitute a Tenant Delay Day. After Tenant has approved the bids, Landlord and Tenant shall mutually agree (each acting reasonably and in good faith) on one All of the three contractors’ bids and Landlord Work shall enter into a firm fixed be performed under “Not to Exceed” price contract with that party within three business days following the parties’ selection, and that contractor shall commence work within five business days following the execution of that agreement and issuance of a permit from the City of Austincontracts.

Bidding of Work. Prior to commencing the Work, Landlord shall competitively bid the Work to three contractors approved by Landlord. Tenant shall have the right to include bidders on the list with Landlord in its reasonable discretionconsent. If the estimated Total Construction Costs are expected to exceed the Construction Allowance, Tenant shall be allowed to review the submitted bids from such contractors to value engineer any of Tenant’s 's requested alterations. In such case, Tenant shall notify Landlord of any items in the Working Drawings that Tenant desires to change within three two business days after Landlord’s 's submission thereof to Tenant. If Tenant fails to notify Landlord of its election within such three two business day period, Tenant shall be deemed to have approved the bids. Within three five business days following Landlord’s 's submission to Tenant of the initial construction bids to Tenant under the foregoing provisions (if applicable), Tenant shall have completed all of the following items: (a) finalized with Landlord’s 's representative and the proposed contractor, the pricing of any requested revisions to the bids for the Work, and (b) approved in writing any overage in the Total Construction Costs in excess of the Expansion Construction Allowance, failing which, which each day after such three five business day period shall constitute a Tenant Delay Day. After Tenant has approved the bids, Landlord and Tenant shall mutually agree (each acting reasonably and in good faith) on one of the three contractors’ bids and Landlord shall enter into a firm fixed price contract with that party within three business days following the parties’ selection, and that contractor shall commence work within five business days following the execution of that agreement and issuance of a permit from the City of Austin.

Bidding of Work. Prior to commencing the Work, Landlord shall competitively bid the Work to three two contractors selected by Landlord and one contractor selected by the Tenant, and reasonably approved by Landlord in its reasonable discretionLandlord. If the estimated Total Construction Costs are expected to exceed the Construction Allowance, Tenant shall be allowed to review the submitted bids from such contractors to value engineer any of Tenant’s requested alterations. In such case, Tenant shall notify Landlord of any items in the Working Drawings that Tenant desires to change within three five business days after Landlord’s submission thereof to Tenant. If Tenant fails to notify Landlord of its election within such three five business day period, Tenant shall be deemed to have approved the bids. Within three seven business days following Landlord’s submission of the initial construction bids to Tenant under the foregoing provisions (if applicable), Tenant shall have completed all of the following items: (a) finalized with Landlord’s representative and the proposed contractor, the pricing of any requested revisions to the bids for the Work, and (ba) approved in writing any overage in the Total Construction Costs in excess of the Expansion Construction Allowance, failing which, which each day after such three five business day period shall constitute a Tenant Delay Day. After Tenant has approved and Landlord acknowledge and agree that Tenant shall select the contractor for the Work based on the bids, Landlord and Tenant provided however that Tenant’s decision shall mutually agree (each acting reasonably and in good faith) on one be subject to Landlord’s reasonable approval of the three contractors’ bids and Landlord shall enter into a firm fixed price contract with that party within three business days following the parties’ selection, and that contractor shall commence work within five business days following the execution of that agreement and issuance of a permit from the City of Austinsuch contractor’s bid.

Bidding of Work. Prior to commencing the Work, Landlord shall competitively bid the Work to three contractors reasonably approved by Landlord in its reasonable discretionLandlord. Tenant shall be allowed to review the submitted bids from such contractors to value engineer any of Tenant’s requested alterations. In such case, Tenant shall notify Landlord of any items in the Working Drawings that Tenant desires to change within three business days after Landlord’s submission thereof to Tenant. If Tenant fails to notify Landlord of its election within such three business day period, Tenant shall be deemed to have approved the bids. Within three business days following Landlordlandlord’s submission of the initial construction bids to Tenant under the foregoing provisions (if applicable), Tenant shall have completed all of the following items: items-, (a) finalized with Landlord’s representative and the proposed contractor, the pricing of any requested revisions to the bids for the Work, and (b) approved in writing any overage in the Total Construction Costs in excess of $20.00 per rentable square fool in the Expansion Construction AllowancePremises, failing which, which each day after such three business day period shall constitute a Tenant Delay Day. After Tenant has approved the bids, Landlord and Tenant shall mutually agree (each acting reasonably and in good faith) on one of the three contractors’ bids and Landlord shall enter into a firm fixed price contract with that party within three business days following the parties’ selection, and that contractor shall commence work within five business days following the execution of that agreement and issuance of a permit from the City of Austin.

Bidding of Work. Prior to commencing the Work, Landlord shall competitively bid the Work to three (3) contractors approved by Landlord Landlord. If the estimated Total Construction Costs (defined in its reasonable discretion. Section 8 below) are expected to exceed the Construction Allowance (defined in Section 9 below), Tenant shall be allowed to review the submitted bids from such contractors to value engineer any of Tenant’s requested alterations. In such case, Tenant shall notify Landlord of any items in the Working Drawings that Tenant desires to change within three business days two (2) Business Days after Landlord’s submission thereof to Tenant. If Tenant fails to notify Landlord of its election within such three business day two (2) Business Day period, Tenant shall be deemed to have approved the bids. Within three business days five (5) Business Days following Landlord’s submission to Tenant of the initial construction bids to Tenant under the foregoing provisions (if applicable), Tenant shall have completed all of the following items: (a) finalized with Landlord’s representative and the proposed contractor, OFFICE LEASE AGREEMENT Westlake Park Place, Thousand Oaks, California Arcutis, Inc. D-2 the pricing of any requested revisions to the bids for the Work, and (b) approved in writing any overage in the Total Construction Costs in excess of the Expansion Construction Allowance, failing which, which each day after such three business day five (5) Business Day period shall constitute a Tenant Delay Day. After Tenant has approved the bids, Landlord and Tenant shall mutually agree (each acting reasonably and in good faith) on one of the three contractors’ bids and Landlord shall enter into a firm fixed price contract with that party within three business days following the parties’ selection, and that contractor shall commence work within five business days following the execution of that agreement and issuance of a permit from the City of Austin.

Bidding of Work. Prior to commencing the Work, Landlord shall competitively bid the Work to three contractors approved by Landlord in its reasonable discretionand Tenant. The parties hereby preapprove CDS General Contractors, Dallas Constructors, and XX Xxxxx General Contractors as general contractors for the Work. If the estimated Total Construction Costs are expected to exceed the Construction Allowance, Tenant shall be allowed to review the submitted bids from such contractors to value engineer any of Tenant’s requested alterations. In such case, Tenant shall notify Landlord of any items in the Working Drawings that Tenant desires to change within three two business days after Landlord’s submission thereof to Tenant. If Tenant fails to notify Landlord of its election within such three two business day period, Tenant shall be deemed to have approved the bids. Within three five business days following Landlord’s submission of the initial construction bids to Tenant under the foregoing provisions (if applicable), Tenant shall have completed all of the following items: (a) finalized with Landlord’s representative and the proposed contractor, the pricing of any requested revisions to the bids for the Work, and (b) approved in writing any overage in the Total Construction Costs in excess of the Expansion Construction Allowance, failing which, each day after such three five business day period shall constitute a Tenant Delay Day. After Tenant has approved the bids, Landlord and Tenant shall mutually agree (each acting reasonably and in good faith) on one of the three contractors’ bids and Landlord shall enter into a firm fixed price contract with that party within three business days following the parties’ selection, and that contractor shall commence work within five business days following the execution of that agreement and issuance of a permit from the City of Austin.

Bidding of Work. Prior to commencing the Work, Landlord shall competitively bid the Work to three (3) contractors reasonably approved by Landlord, one of which shall be Timberline Construction. Landlord and Xxxxxx shall mutually select the contractor to perform the Work following the submission of bids. Landlord shall have the right to require any contractor or subcontractor performing work on or about the Premises to employ union labor and any construction manager utilized by Tenant to be a union-associated construction manager. If the estimated Total Construction Costs (defined in its reasonable discretion. Section 8 below) are expected to exceed the Construction Allowance (defined in Section 9 below), Tenant shall be allowed to review the submitted bids from such contractors to value engineer any of Tenant’s requested alterations. In such case, Tenant shall notify Landlord of any items in the Working Drawings that Tenant desires to change within three business days (3) Business Days after LandlordXxxxxxxx’s submission thereof of such bids to Tenant. If Tenant fails to notify Landlord of its election within such three business day (3) Business Day period, Tenant shall be deemed to have approved the bids. Within three business seven (7) days following LandlordXxxxxxxx’s submission to Tenant of the initial construction bids to Tenant under the foregoing provisions (if applicable), Tenant shall have completed all of the following items: (a) finalized with Landlord’s representative and the proposed contractor, the pricing of any requested revisions to the bids for the Work, and (b) approved in writing any overage in the Total Construction Costs in excess of the Expansion Construction Allowance, failing which, which each day after such three business seven (7) day period shall constitute a Tenant Delay Day. After Tenant has approved the bids, Landlord and Tenant shall mutually agree (each acting reasonably and in good faith) on one of the three contractors’ bids and Landlord shall enter into a firm fixed price contract with that party within three business days following the parties’ selection, and that contractor shall commence work within five business days following the execution of that agreement and issuance of a permit from the City of Austin.

Bidding of Work. Prior In the event Tenant has elected Landlord to perform the Work, prior to commencing the Work, Landlord shall competitively bid the Work to three (3) contractors reasonably approved by Landlord in its reasonable discretionLandlord. Tenant shall be allowed to review the submitted bids from such contractors to value engineer any of Tenant’s requested alterations, and to reasonably approve the selection of the contractor by Landlord for the Work. In such case, Tenant shall notify Landlord of any items in the Working Drawings that Tenant desires to change change, and whether it approves the selection of the contractor, within three business days fifteen (15) Business Days after Landlord’s submission thereof of the bids to Tenant. If Tenant fails to notify Landlord of its election within such fifteen (15) Business Day period, Landlord shall have the right, but not the obligation, to provide a second written notice to Tenant, and if Tenant fails to notify Landlord of its election within three business day period(3) Business Day following delivery of such second notice, Tenant shall be deemed to have approved rejected the bids. Within three business days fifteen (15) Business Days following Landlord’s submission of the initial construction bids to Tenant under the foregoing provisions (if applicable)provisions, Tenant shall have completed complete all of the following items: (a) finalized finalize with Landlord’s representative and the proposed contractor, the pricing of any requested revisions to the bids for the Work, and (b) approved approve in writing any overage in the Total Construction Costs in excess of the Expansion Construction Allowance, failing which, each day after such three business day period shall constitute a Tenant Delay Day. After Tenant has approved the bids, Landlord and Tenant shall mutually agree (each acting reasonably and in good faith) on one of the three contractors’ bids and Landlord shall enter into a firm fixed price contract with that party within three business days following the parties’ selection, and that contractor shall commence work within five business days following the execution of that agreement and issuance of a permit from the City of Austin.