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 (3) contractors approved by Landlord. If the estimated Total Construction Costs (defined in 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 two (2) Business Days after Landlord’s submission thereof to Tenant. If Tenant fails to notify Landlord of its election within such two (2) Business Day period, Tenant shall be deemed to have approved the bids. Within five (5) Business Days following Landlord’s submission to Tenant of the initial construction bids 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 Construction Allowance, failing which each day after such five (5) Business Day period shall constitute a Tenant Delay Day.

Bidding of Work. Prior to commencing the Work, Landlord shall competitively bid the Work to three (3) contractors approved by Landlord. Tenant shall have the right to include bidders on the list with Landlord consent. If the estimated Total Construction Costs (defined in Section 8 below) are expected to exceed the Construction Allowance (defined in Section 9 below)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 two (2) Business Days business days after Landlord’s 's submission thereof to Tenant. If Tenant fails to notify Landlord of its election within such two (2) Business Day business day period, Tenant shall be deemed to have approved the bids. Within five (5) Business Days 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, 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 Construction Allowance, failing which each day after such five (5) Business Day business day period shall constitute a Tenant Delay Day.

Bidding of Work. Prior to commencing the Work, Landlord shall competitively bid the Work to three four (34) contractors approved by mutually acceptable to Tenant and Landlord, excluding Xxxxxx Construction. If the estimated Total Construction Costs (defined in 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 two five (25) Business Days after Landlord’s submission thereof to Tenant. If Tenant fails to notify Landlord of its election within such two five (25) Business Day period, Tenant shall be deemed to have approved the bids. Within five ten (510) Business Days following Landlord’s submission to Tenant of the initial construction bids 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 Construction Allowance, failing which each day after such five ten (510) Business Day period shall constitute a Tenant Delay Day. All of the Work shall be performed under “Not to Exceed” price contracts.

Bidding of Work. Prior to commencing the Work, Landlord shall competitively bid the Work to three (3) contractors approved by LandlordLandlord in its reasonable discretion. If the estimated Total Construction Costs (defined in 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 two (2) Business Days three business days after Landlord’s submission thereof to Tenant. If Tenant fails to notify Landlord of its election within such two (2) Business Day three business day period, Tenant shall be deemed to have approved the bids. Within five (5) Business Days three 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 five (5) Business Day 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 LandlordLandlord and 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 (defined in Section 8 below) are expected to exceed the Construction Allowance (defined in Section 9 below)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 two (2) Business Days business days after Landlord’s submission thereof to Tenant. If Tenant fails to notify Landlord of its election within such two (2) Business Day business day period, Tenant shall be deemed to have approved the bids. Within five (5) Business Days 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 Construction Allowance, failing which which, each day after such five (5) Business Day business day period shall constitute a Tenant Delay Day.

Bidding of Work. Prior to commencing the Work, Landlord shall competitively bid the Work to three (3) two contractors selected by Landlord and one contractor selected by the Tenant, and reasonably approved by Landlord. If the estimated Total Construction Costs (defined in Section 8 below) are expected to exceed the Construction Allowance (defined in Section 9 below)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 two (2) Business Days five business days after Landlord’s submission thereof to Tenant. If Tenant fails to notify Landlord of its election within such two (2) Business Day five business day period, Tenant shall be deemed to have approved the bids. Within five (5) Business Days seven 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 (ba) approved in writing any overage in the Total Construction Costs in excess of the Construction Allowance, failing which each day after such five (5) Business Day business day period shall constitute a Tenant Delay Day. Tenant and Landlord acknowledge and agree that Tenant shall select the contractor for the Work based on the bids, provided however that Tenant’s decision shall be subject to Landlord’s reasonable approval of such contractor’s bid.

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 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 two three (23) Business Days after LandlordXxxxxxxx’s submission thereof of such bids to Tenant. If Tenant fails to notify Landlord of its election within such two three (23) Business Day period, Tenant shall be deemed to have approved the bids. Within five seven (57) Business Days days following LandlordXxxxxxxx’s submission to Tenant of the initial construction bids 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 Construction Allowance, failing which each day after such five seven (57) Business Day day period shall constitute a Tenant Delay Day.

Bidding of Work. Prior to commencing the Work, Landlord shall competitively bid the Work to three (3) contractors reasonably approved by Landlord. If the estimated Total Construction Costs (defined in 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 two (2) Business Days three business days after Landlord’s submission thereof to Tenant. If Tenant fails to notify Landlord of its election within such two (2) Business Day three business day period, Tenant shall be deemed to have approved the bids. Within five (5) Business Days three business days following Landlordlandlord’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: 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 $20.00 per rentable square fool in the Construction AllowancePremises, failing which each day after such five (5) Business Day 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 selected by Landlord and reasonably approved by LandlordTenant, which approval shall not be unreasonably withheld, delayed or conditioned. Any value engineering by Tenant within the five business day period provided in the last sentence of this Section 4 will not constitute a Tenant Delay Day. If the estimated Total Construction Costs (defined in Section 8 below) are expected to exceed the Construction Allowance (defined in Section 9 below)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 two (2) Business Days three business days after Landlord’s submission thereof to Tenant. If Tenant fails to notify Landlord of its election within such two (2) Business Day three business day period, Tenant shall be deemed to have approved the bids. Within five (5) Business Days 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 Construction Allowance, failing which which, each day after such five (5) Business Day business day period shall constitute a Tenant Delay Day.