Common use of Bids Clause in Contracts

Bids. As soon as practicable following the approval of the Final Plans, Landlord shall (i) obtain a written non-binding itemized estimate of the costs of all Tenant Improvements shown in the Final Plans as prepared by a general contractor selected by Landlord, and (ii) if required by applicable law, codes or ordinances, submit the Final Plans to the appropriate governmental agency for the issuance of a building permit or other required governmental approvals prerequisite to commencement of construction of such Tenant Improvements (“Permits”). Tenant acknowledges that any cost estimates are prepared by the general contractor and Landlord shall not be liable to Tenant for any inaccuracy in any such estimate. Within five (5) business days after receipt of the written non-binding cost estimate prepared by the general contractor, Tenant shall either (A) give its written approval thereof and authorization to proceed with construction or (B) immediately request the Space Planner to modify or revise the Plans in any manner desired by Tenant to decrease the cost of the Tenant Improvements. If Tenant is silent during such five (5) business day period, then Tenant shall be deemed to have approved such non-binding cost estimate as set forth in Clause (A) above. If the Final Plans are revised pursuant to Clause (B) above, then Landlord shall request that the general contractor provide a revised cost estimate to Tenant based upon the revisions to the Final Plans. Such modifications and revisions shall be subject to Landlord’s reasonable approval and shall be in accordance with the standards set forth in Paragraph (b) of this Work Letter. Within ten (10) business days after receipt of the general contractor’s original written cost estimate and the description, if any, of any Tenant Delay, Tenant shall give its final approval of the Final Plans to Landlord which shall constitute authorization to commence the construction of the Tenant Improvements in accordance with the Final Plans, as modified or revised. Tenant shall signify its final approval by signing a copy of each sheet or page of the Final Plans and delivering such signed copy to Landlord.

Appears in 3 contracts

Samples: Office Lease (Aethlon Medical Inc), Lease Agreement (Sulphco Inc), Office Lease Agreement (Medidata Solutions, Inc.)

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Bids. As soon as practicable following the (a) Upon Tenant’s approval of the Final Tenant Improvement Plans, Landlord shall (i) obtain a written non-binding itemized estimate of prepare the costs of all Tenant Improvements shown in the Final Plans as prepared by a general contractor selected by Landlord, and (ii) if required by applicable law, codes or ordinances, submit the Final Plans to the appropriate governmental agency bid packages for the issuance of a building permit or other required governmental approvals prerequisite to commencement of construction of such Tenant Improvements (“PermitsTenant Improvement Bid Packages”). All aspects of the Tenant acknowledges Improvement work will be competitively bid by Landlord’s Contractor as set forth below unless otherwise consented to by Tenant. Tenant will not unreasonably withhold, delay or condition its consent to any request of Landlord to waive bidding on a case by case basis provided Landlord provides a reasonably supported justification for dispensing with competitive bidding in order for Landlord’s Contractor to “self-perform” such aspect of work. Any such self-performed work by Landlord’s Contractor shall be competitive with third party bids. Based upon the Tenant Improvement Bid Packages, Landlord shall obtain written bids for each element of the work from not less than three (3) responsible subcontractors and shall present such bids to Tenant for review. Although Landlord shall have the right to select the subcontractors invited to bid on any particular element of the work, Landlord shall also invite any subcontractors proposed by Tenant so long as such subcontractors (i) are financially responsible, (ii) are qualified to perform the work, and (iii) agree to comply with any safety rules reasonably imposed by Landlord. Within seven (7) working days after Tenant’s receipt of Landlord’s summary of the written bids and self-performed work (if any), including copies of each bids, the schedule of values for each bid and any other information reasonably requested by Tenant, for any element of the work, Tenant shall select the winning bid, it being understood that Tenant may but need not select the lowest bid for any cost estimates are prepared by particular element of the general contractor work. Upon such selection, Landlord shall accept such bids and enter into construction contracts and any related documents necessary for the performance of the work the subcontractor was selected to perform (collectively, for all subcontractors, the “Tenant Improvement Construction Documents”). Landlord shall provide copies of the Tenant Improvement Construction Documents to Tenant for Tenant’s review and approval, which approval shall not be liable to Tenant for any inaccuracy in any such estimate. Within five (5) business days after receipt of the written non-binding cost estimate prepared by the general contractor, Tenant shall either (A) give its written approval thereof and authorization to proceed with construction unreasonably withheld or (B) immediately request the Space Planner to modify or revise the Plans in any manner desired by Tenant to decrease the cost of the Tenant Improvements. If Tenant is silent during such five (5) business day period, then Tenant shall be deemed to have approved such non-binding cost estimate as set forth in Clause (A) above. If the Final Plans are revised pursuant to Clause (B) above, then Landlord shall request that the general contractor provide a revised cost estimate to Tenant based upon the revisions to the Final Plans. Such modifications and revisions shall be subject to Landlord’s reasonable approval and shall be in accordance with the standards set forth in Paragraph (b) of this Work Letter. Within ten (10) business days after receipt of the general contractor’s original written cost estimate and the description, if any, of any Tenant Delay, Tenant shall give its final approval of the Final Plans to Landlord which shall constitute authorization to commence the construction of the Tenant Improvements in accordance with the Final Plans, as modified or revised. Tenant shall signify its final approval by signing a copy of each sheet or page of the Final Plans and delivering such signed copy to Landlorddelayed.

Appears in 1 contract

Samples: Lease Agreement (Transoma Medical Inc)

Bids. As soon as practicable following the approval of the Final Plans, Landlord shall (i) obtain a written non-binding itemized estimate of the costs of all Tenant Suite 101 Expansion Improvements shown in the Final Plans as prepared by a general contractor selected by Landlord, and (ii) if required by applicable law, codes or ordinances, submit the Final Plans to the appropriate governmental agency for the issuance of a building permit or other required governmental approvals prerequisite to commencement of construction of such Tenant Suite 101 Expansion Improvements (“Permits”). Tenant acknowledges that any cost estimates are prepared by the general contractor and Landlord shall not be liable to Tenant for any inaccuracy in any such estimate. Within five (5) business days after receipt of the written non-binding cost estimate prepared by the general contractor, Tenant shall either (A) give its written approval thereof and authorization to proceed with construction or (B) immediately request the Space Planner to modify or revise the Plans in any manner desired by Tenant to decrease the cost of the Tenant Suite 101 Expansion Improvements. If Tenant is silent during such five (5) business day period, then Tenant shall be deemed to have approved such non-binding cost estimate as set forth in Clause (A) above. If the Final Plans are revised pursuant to Clause (B) above, then Landlord shall request that the general contractor provide a revised cost estimate to Tenant based upon the revisions to the Final Plans. Such modifications and revisions shall be subject to Landlord’s reasonable approval and shall be in accordance with the standards set forth in Paragraph (b) of this Work Letter. Within ten (10) business days after receipt of the general contractor’s original written cost estimate and the description, if any, of any Tenant Delay, Tenant shall give its final approval of the Final Plans to Landlord which shall constitute authorization to commence the construction of the Tenant Suite 101 Expansion Improvements in accordance with the Final Plans, as modified or revised. Tenant shall signify its final approval by signing a copy of each sheet or page of the Final Plans and delivering such signed copy to Landlord.

Appears in 1 contract

Samples: Office Lease (Eschelon Telecom Inc)

Bids. As soon as practicable following the (a) Upon Tenant's approval of the Final Tenant Improvement Plans, Landlord shall prepare the bid packages for the Tenant Improvements ("Tenant Improvement Bid Packages"). All aspects of the Tenant Improvement work will be competitively bid by Landlord's Contractor as set forth below unless otherwise consented to by Tenant. Tenant will not unreasonably withhold, delay or condition its consent to any request of Landlord to waive bidding on a case by case basis provided Landlord provides a reasonably supported justification for dispensing with competitive bidding in order for Landlord's Contractor to "self-perform" such aspect of work. Any such self-performed work by Landlord's Contractor shall be competitive with third party bids. Based upon the Tenant Improvement Bid Packages, Landlord shall obtain written bids for each element of the work from not less than three (3) responsible subcontractors and shall present such bids to Tenant for review. Although Landlord shall have the right to select the subcontractors invited to bid on any particular element of the work, Landlord shall also invite any subcontractors proposed by Tenant so long as such subcontractors (i) obtain a written non-binding itemized estimate of are financially responsible, (ii) are qualified to perform the costs of all Tenant Improvements shown in the Final Plans as prepared by a general contractor selected by Landlordwork, and (iiiii) agree to comply with any safety rules reasonably imposed by Landlord. Within seven (7) working days after Tenant's receipt of Landlord's summary of the written bids and self-performed work (if required any), including copies of each bids, the schedule of values for each bid and any other information reasonably requested by applicable lawTenant, codes or ordinancesfor any element of the work, submit Tenant shall select the Final Plans to winning bid, it being understood that Tenant may but need not select the appropriate governmental agency lowest bid for any particular element of the work. Upon such selection, Landlord shall accept such bids and enter into construction contracts and any related documents necessary for the issuance performance of a building permit or other required governmental approvals prerequisite the work the subcontractor was selected to commencement of construction of such perform (collectively, for all subcontractors, the "Tenant Improvements (“Permits”Improvement Construction Documents"). Landlord shall provide copies of the Tenant acknowledges that any cost estimates are prepared by the general contractor Improvement Construction Documents to Tenant for Tenant's review and Landlord approval, which approval shall not be liable to Tenant for any inaccuracy in any such estimate. Within five (5) business days after receipt of the written non-binding cost estimate prepared by the general contractor, Tenant shall either (A) give its written approval thereof and authorization to proceed with construction unreasonably withheld or (B) immediately request the Space Planner to modify or revise the Plans in any manner desired by Tenant to decrease the cost of the Tenant Improvements. If Tenant is silent during such five (5) business day period, then Tenant shall be deemed to have approved such non-binding cost estimate as set forth in Clause (A) above. If the Final Plans are revised pursuant to Clause (B) above, then Landlord shall request that the general contractor provide a revised cost estimate to Tenant based upon the revisions to the Final Plans. Such modifications and revisions shall be subject to Landlord’s reasonable approval and shall be in accordance with the standards set forth in Paragraph (b) of this Work Letter. Within ten (10) business days after receipt of the general contractor’s original written cost estimate and the description, if any, of any Tenant Delay, Tenant shall give its final approval of the Final Plans to Landlord which shall constitute authorization to commence the construction of the Tenant Improvements in accordance with the Final Plans, as modified or revised. Tenant shall signify its final approval by signing a copy of each sheet or page of the Final Plans and delivering such signed copy to Landlorddelayed.

Appears in 1 contract

Samples: Lease Agreement (Harvard Bioscience Inc)

Bids. As soon as practicable following the approval of the Final Plans, Landlord shall (i) obtain a written non-binding itemized estimate of the costs of all Tenant Improvements shown in the Final Plans as prepared by a general contractor selected by Landlord, and (ii) if required by applicable law, codes or ordinances, submit the Final Plans to the appropriate governmental agency for the issuance of a building permit or other required governmental approvals prerequisite to commencement of construction of such Tenant Improvements ("Permits"). Tenant acknowledges that any cost estimates are prepared by the general contractor and Landlord shall not be liable to Tenant for any inaccuracy in any such estimate. Within five fifteen (515) business days after receipt of the written non-binding nonbinding cost estimate prepared by the general contractor, Tenant shall either (A) give its written approval thereof and authorization to proceed with construction or (B) immediately request the Space Planner to modify or revise the Plans in any manner desired by Tenant to decrease the cost of the Tenant Improvements. If Tenant is silent during such five fifteen (515) business day period, then Tenant shall be deemed to have approved such non-binding cost estimate as set forth in Clause (A) above. If the Final Plans are revised pursuant to Clause (B) above, then Landlord shall request that the general contractor provide a revised cost estimate to Tenant based upon the revisions to the Final Plans. Such modifications and revisions shall be subject to Landlord’s 's reasonable approval and shall be in accordance with the standards set forth in Paragraph (b) of this Work Letter. Within ten fifteen (1015) business days after receipt of the general contractor’s 's original written cost estimate and the description, if any, of any Tenant Delay, Tenant shall give its final approval of the Final Plans to Landlord which shall constitute authorization to commence the construction of the Tenant Improvements in accordance with the Final Plans, as modified or revised. Tenant shall signify its final approval by signing a copy of each sheet or page of the Final Plans and delivering such signed copy to Landlord.

Appears in 1 contract

Samples: Zarlink Semiconductor Inc

Bids. As soon as practicable following the approval of the Final Plans, Landlord shall (i) obtain a three (3) written non-binding itemized estimate estimates of the costs of all Tenant Expansion Improvements shown in the Final Plans as prepared by a three (3) general contractor contractors, one of which shall be selected by Tenant and reasonably approved by Landlord, and (ii) if required by applicable law, codes or ordinances, submit the Final Plans to the appropriate governmental agency for the issuance of a building permit or other required governmental approvals prerequisite to commencement of construction of such Tenant Expansion Improvements (“Permits”). Tenant acknowledges that any cost estimates are prepared by the general contractor contractors and Landlord shall not be liable to Tenant for any inaccuracy in any such estimate. Within five (5) business days after receipt of the written non-binding cost estimate estimates prepared by the general contractorcontractors, Tenant shall either (Ai) give its written approval thereof to the general contractor with the best qualified bid and authorization to proceed with construction or (Bii) immediately request the Space Planner to modify or revise the Final Plans in any manner desired by Tenant to decrease the cost of the Tenant Expansion Improvements. If Tenant is silent during such five (5) business day period, then Tenant shall be deemed to have approved such non-binding cost estimate general contractor with the best qualified bid as set forth in Clause romanette (Ai) above. If the Final Plans are revised pursuant to Clause romanette (Bii) above, then Landlord shall request that the general contractor contractors provide a revised cost estimate estimates to Tenant based upon the revisions to the Final Plans. Such modifications and revisions shall be subject to Landlord’s reasonable approval and shall be in accordance with the standards set forth in Paragraph (b) 2 of this Work Letter. Within ten (10) business days after receipt of the general contractor’s contractors’ original written cost estimate and the description, if any, of any Tenant Delayestimates, Tenant shall give its final approval of the Final Plans to Landlord which shall constitute authorization to commence the construction of the Tenant Expansion Improvements in accordance with the Final Plans, as modified or revised. Tenant shall signify its final approval by signing a copy of each sheet or page of the Final Plans and delivering such signed copy to Landlord.

Appears in 1 contract

Samples: Lease (Alder Biopharmaceuticals Inc)

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Bids. As soon as practicable following the (a) Upon Landlord's approval of the Final Tenant Improvement Plans, Landlord shall prepare the bid packages for the Tenant Improvements ("Tenant Improvement Bid Packages"). All aspects of the Tenant Improvement work will be competitively bid by Landlord's Contractor as set forth below unless otherwise consented to by Tenant. Tenant will not unreasonably withhold, delay or condition its consent to any request of Landlord to waive bidding on a case by case basis provided Landlord provides a reasonably supported justification for dispensing with competitive bidding in order for Landlord's Contractor to "self perform" such aspect of work. Any such self-performed work by Landlord's Contractor shall be competitive with third party bids. Based upon the Tenant Improvement Bid Packages, Landlord shall obtain written bids for each element of the work from not less than three (3) responsible subcontractors and shall present such bids to Tenant for review. Although Landlord shall have the right to select the subcontractors invited to bid on any particular element of the work, Landlord shall also invite any subcontractors proposed by Tenant so long as such subcontractors (i) obtain a written non-binding itemized estimate of are financially responsible, (ii) are qualified to perform the costs of all Tenant Improvements shown in the Final Plans as prepared by a general contractor selected by Landlordwork, and (iiiii) agree to comply with any safety rules reasonably imposed by Landlord. Within seven (7) working days after Tenant's receipt of Landlord's summary of the written bids and self-performed work (if required any), including copies of each bids, the schedule of values for each bid and any other information reasonably requested by applicable lawTenant, codes or ordinancesfor any element of the work, submit Tenant shall select the Final Plans to winning bid, it being understood that Tenant may but need not select the appropriate governmental agency lowest bid for any particular element of the work. Upon such selection, Landlord shall accept such bids and enter into construction contracts and any related documents necessary for the issuance performance of a building permit or other required governmental approvals prerequisite the work the subcontractor was selected to commencement of construction of such perform (collectively, for all subcontractors, the "Tenant Improvements (“Permits”Improvement Construction Documents"). Landlord shall provide copies of the Tenant acknowledges that any cost estimates are prepared by the general contractor improvement Construction Documents to Tenant for Tenant's review and Landlord approval, which approval shall not be liable unreasonably withheld or delayed. The Tenant Improvement Construction Documents shall deem Tenant to Tenant for any inaccuracy in any such estimate. Within five (5) business days after receipt be an express, third party beneficiary of the written non-binding cost estimate prepared work to be performed by the general contractor, Tenant shall either (A) give its written approval thereof and authorization to proceed with construction or (B) immediately request the Space Planner to modify or revise the Plans in any manner desired by Tenant to decrease the cost of the Tenant Improvements. If Tenant is silent during such five (5) business day period, then Tenant shall be deemed to have approved such non-binding cost estimate as set forth in Clause (A) above. If the Final Plans are revised pursuant to Clause (B) above, then Landlord shall request that the general contractor provide a revised cost estimate to Tenant based upon the revisions to the Final Plans. Such modifications and revisions shall be subject to Landlord’s reasonable approval and shall be in accordance with the standards set forth in Paragraph (b) of this Work Letter. Within ten (10) business days after receipt of the general contractor’s original written cost estimate and the description, if any, of any Tenant Delay, Tenant shall give its final approval of the Final Plans to Landlord which shall constitute authorization to commence the construction of the Tenant Improvements in accordance with the Final Plans, as modified or revised. Tenant shall signify its final approval by signing a copy of each sheet or page of the Final Plans and delivering such signed copy to Landlord.

Appears in 1 contract

Samples: Part of Lease Agreement (FSP 50 South Tenth Street Corp)

Bids. As soon as practicable following the approval of the Final Plans, Landlord shall (i) obtain a three (3) written non-binding itemized estimate bids of the costs of all Tenant First Amendment Improvements shown in the Final Plans as prepared by a the following three (3) general contractor contractors which have been selected by LandlordLandlord and Tenant: EMA Builders, Global Building Corp, Stanhope Co., and (ii) if required by applicable law, codes or ordinances, submit the Final Plans to the appropriate governmental agency for the issuance of a building permit or other required governmental approvals prerequisite to commencement of construction of such Tenant First Amendment Improvements (“Permits”). Tenant acknowledges that any cost estimates are prepared by the general contractor contractors and Landlord shall not be liable to Tenant for any inaccuracy in any such estimate. Within five seven (57) business days after receipt of the written non-binding cost estimate estimates prepared by the general contractorcontractors, Tenant shall either (A) give its written approval thereof to the lowest general contractor bid or other bid and authorization to proceed with construction or (B) immediately request the Space Planner to modify or revise the Plans in any manner desired by Tenant to decrease the cost of the Tenant First Amendment Improvements. If Tenant is silent during such five seven (57) business day period, then Tenant shall be deemed to have approved such non-binding cost estimate as set forth in Clause (A) abovelowest general contractor bid. If the Final Plans are revised pursuant to Clause (B) above, then Landlord shall request that the general contractor contractors provide a revised cost estimate estimates to Tenant based upon the revisions to the Final Plans. Such modifications and revisions shall be subject to Landlord’s reasonable approval and shall be in accordance with the standards set forth in Paragraph (b) of this Work Letter. Within ten Notwithstanding the foregoing, within fifteen (1015) business days after receipt of the general contractor’s contractors’ original written cost estimate and the description, if any, of any Tenant Delayestimates, Tenant shall give its final approval of the Final Plans and approval of a final bid (the “Final Approved Bid”) to Landlord which shall constitute authorization to commence the construction of the Tenant First Amendment Improvements in accordance with the Final Plans, as modified or revisedrevised and approved by Landlord and Tenant in accordance with the terms of this Work Letter. Tenant shall signify its final approval by signing a copy of each sheet or page of the Final Plans and delivering such signed copy to Landlord.

Appears in 1 contract

Samples: Office Lease (Sienna Biopharmaceuticals, Inc.)

Bids. As soon Jobs will be accessible to Vendors on the Platform, where Vendors will be able to make Bids on the Job. If the Job specifies that a Certified Vendor is required, then only Certified Vendors will be permitted to Bid on the Job. Bids will include, among other things, (i) a statement as practicable following to whether the Vendor is a Certified Vendor, (ii) a per pound price that the Vendor will pay for the Disposal Materials (in US Dollars); (iii) a list of the specific services that the Vendor proposes to perform for the Customer to fulfill the Job, (iii) the price that the Vendor would charge the Customer for those services (in US Dollars), (iv) proposed timetables for deliverables; (vi) deadlines for Confirmation and date that the Bid will expire; (vii) whether Vendor agrees with the Customer’s requirement to use the Terms or an Alternative Contract; (xii) whether Vendor will require any data protection, data security, or similar agreements regarding the protection of data other than as proposed by the Customer; and (xiii) any other terms and conditions that the Vendor wants to include. If the Bid includes a purchase of the Disposal Materials, the Vendor must obtain the Customer’s written approval of the Final Plansresale terms for the resellable Disposal Material within a time period that Vendor and Customer agree. If the Vendor and Customer do not agree within the agreed time period, Landlord shall (i) obtain the Confirmation will be null and void. Vendor is not permitted to dispose of or sell any Disposal Materials without a written non-binding itemized estimate of valid SOW with the costs of all Tenant Improvements shown in the Final Plans as prepared by a general contractor selected by LandlordCustomer, and (ii) if required by applicable lawRGX reserves the right to assess the Vendor an extra fee of up to $10,000 per Disposal Material item that a Vendor attempts to sell without the Customer’s prior written approval. RGX does not guaranty any minimum or maximum number of Vendors, codes or ordinances, submit the Final Plans nor any specific Vendors. Each Bid is specific to the appropriate governmental agency for the issuance of a building permit or other required governmental approvals prerequisite Job to commencement of construction of such Tenant Improvements (“Permits”). Tenant acknowledges that any cost estimates are prepared by the general contractor which it applies, and Landlord shall not be liable to Tenant for any inaccuracy in any such estimate. Within five (5) business days after receipt of the written non-binding cost estimate prepared by the general contractor, Tenant shall either (A) give its written approval thereof and authorization to proceed with construction or (B) immediately request the Space Planner to modify or revise the Plans in any manner desired by Tenant to decrease the cost of the Tenant Improvements. If Tenant is silent during such five (5) business day period, then Tenant shall no Bid will be deemed to have approved such nonconstitute a general offer for services or set a precedent or expectation with respect to that Vendor, and there is no vested right in Bid amounts, pricing, terms, course of dealing or course of performance. Vendors will determine their Bids on a case-binding cost estimate as set forth by-case basis in Clause (A) abovetheir sole discretion. Each Bid shall constitute an offer to enter into an agreement with the Customer based on the terms in the Bid, but a Bid will not form a contract until it is Accepted. Once a Bid is placed it may be canceled or revoked at any time before Acceptance by removing the Bid from the Platform, however, once Acceptance has occurred, a Bid cannot be revoked. RGX may charge a processing fee for cancelled Bids. If the Final Plans are revised pursuant to Clause (B) above, then Landlord shall request Job states that the general contractor provide a revised cost estimate to Tenant based upon Disposal Materials are not available for purchase, the revisions to Vendor must destroy the Final Plans. Such modifications Disposal Materials, and revisions shall if the Disposal Materials are found listed for sale or lease thereafter, the Vendor may be subject to Landlord’s reasonable approval and shall be in accordance with fine, suspension from the standards set forth in Paragraph (b) of this Work Letter. Within ten (10) business days after receipt Platform, and/or termination of the general contractorVendor’s original written cost estimate and the description, if any, of Account or any Tenant Delay, Tenant shall give its final approval of the Final Plans to Landlord which shall constitute authorization to commence the construction of the Tenant Improvements other remedy available at law or in accordance with the Final Plans, as modified or revised. Tenant shall signify its final approval by signing a copy of each sheet or page of the Final Plans and delivering such signed copy to Landlordequity.

Appears in 1 contract

Samples: Service Agreement

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