CHANGE ORDERS REQUESTED BY TENANT TO THE LANDLORD WORK. Tenant may request that additions to or deletions from the Landlord Work be made ("LANDLORD WORK CHANGE ORDERS"). If Tenant desires a Landlord Work Change Order to be made, Tenant shall so notify Landlord in writing and, within ten (10) days after such notification, Landlord shall deliver to Tenant (i) written notice that Landlord has determined, in Landlord's reasonable discretion, to disapprove the proposed Landlord Work Change Order, or (ii) if Landlord approves the proposed Landlord Work Change Order, a written estimate of any extension to the Construction Schedule and any additional costs resulting from such proposed Landlord Work Change Order. Without limitation on other reasons for Landlord's disapproval, Landlord may disapprove any such proposed Landlord Work Change Order if it will cause (a) a material change to the exterior of the Building, (b) a material change to any of the finish materials, including without limitation, to the lobby, bathrooms or elevator cabs of the Building, or (c) any material adverse effect (as reasonably determined by Landlord) on the quality or adequate functionality of the Landlord Work. If Landlord approves the proposed Landlord Work Change Order, Tenant shall, within five (5) days following receipt of such notification from Landlord, then notify Landlord in writing whether or not Tenant elects to proceed with the Landlord Work Change Order. If Tenant elects to cause any Landlord Work Change Order to be made, the Shell Completion Date and other Major Project Milestones shall be appropriately adjusted as a result of any delays due EXHIBIT B -3- PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] to such Landlord Work Change Order. If Landlord does not approve a proposed Landlord Work Change Order, the Landlord Work Change Order shall not be implemented. Any increased cost resulting from a Landlord Work Change Order shall be charged to the Tenant Improvement Allowance and any delay resulting from a Landlord Work Change Order shall, subject to Section 5 below, be deemed to constitute a Tenant Delay and an Excusable Delay. Tenant acknowledges, however, that the contractor for the Landlord Work shall not be instructed to stop work during the time taken by Tenant in considering whether to proceed with any proposed Landlord Work Change Orders and that the cost charged to the Tenant Improvement Allowance and any potential Tenant Delay and Excusable Delay resulting from a Landlord Work Change Order shall include any work necessary to reverse the work performed by the contractor during the pendency of Tenant's decision whether to proceed with a Landlord Work Change Order.
Appears in 2 contracts
Samples: Office Lease (Peregrine Systems Inc), Lease Option Agreement (Peregrine Systems Inc)
CHANGE ORDERS REQUESTED BY TENANT TO THE LANDLORD WORK. Tenant may request that additions to or deletions from the Landlord Work be made ("LANDLORD WORK CHANGE ORDERS"). If Tenant desires a Landlord Work Change Order to be made, Tenant shall so notify Landlord in writing and, within ten (10) days after such notification, Landlord shall deliver to Tenant (i) written notice that Landlord has determined, in Landlord's reasonable discretion, to disapprove the proposed Landlord Work Change Order, or (ii) if Landlord approves the proposed Landlord Work Change Order, a written estimate of any extension to the Construction Schedule and any additional costs resulting from such proposed Landlord Work Change Order. Without limitation on other reasons for Landlord's disapproval, Landlord may disapprove any such proposed Landlord Work Change Order if it will cause (a) a material change to the exterior of the Building, (b) a material change to any of the finish materials, including without limitation, to the lobby, bathrooms or elevator cabs of the Building, or (c) any material adverse effect (as reasonably determined by Landlord) on the quality or adequate functionality of the Landlord Work. If Landlord approves the proposed Landlord Work Change Order, Tenant shall, within five (5) days following receipt of such notification from Landlord, then notify Landlord in writing whether or not Tenant elects to proceed with the Landlord Work Change Order. If Tenant elects to cause any Landlord Work Change Order to be made, the Shell Completion Date and other Major Project Milestones shall be appropriately adjusted as a result of any delays due EXHIBIT B -3- PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] to such Landlord Work Change Order. If Landlord does not approve a proposed Landlord Work Change Order, the Landlord Work Change Order shall not be implemented. Any increased cost resulting from a Landlord Work Change Order shall be charged to the Tenant Improvement Allowance and any delay resulting from a Landlord Work Change Order shall, subject to Section 5 below, be deemed to constitute a Tenant Delay and an Excusable Delay. Tenant acknowledges, however, that the contractor for the Landlord Work shall not be instructed to stop work during the time taken by Tenant in considering whether to proceed with any proposed Landlord Work Change Orders and that the cost charged to the Tenant Improvement Allowance and any potential Tenant Delay and Excusable Delay resulting from a Landlord Work Change Order shall include any work necessary to reverse the work performed by the contractor during the pendency of Tenant's decision whether to proceed with a Landlord Work Change Order.. EXHIBIT B -3- PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems]
Appears in 1 contract
Samples: Office Lease (Peregrine Systems Inc)
CHANGE ORDERS REQUESTED BY TENANT TO THE LANDLORD WORK. Tenant may request that additions to or deletions from the Landlord Work be made ("LANDLORD WORK CHANGE ORDERS"). If Tenant desires a Landlord Work Change Order to be made, Tenant shall so notify Landlord in writing and, within ten (10) days after such notification, Landlord shall deliver to Tenant (i) written notice that Landlord has determined, in Landlord's reasonable discretion, to disapprove the proposed Landlord Work Change Order, or (ii) if Landlord approves the proposed Landlord Work Change Order, a written estimate of any extension to the Construction Schedule and any additional costs resulting from such proposed Landlord Work Change Order. Without limitation on other reasons for Landlord's disapproval, Landlord may disapprove any such proposed Landlord Work Change Order if it will cause (a) a material change to the exterior of the Building, (b) a material change to any of the finish materials, including without limitation, to the lobby, bathrooms or elevator cabs of the Building, or (c) any material adverse effect (as reasonably determined by Landlord) on the quality or adequate functionality of the Landlord Work. If Landlord approves the proposed Landlord Work Change Order, Tenant shall, within five (5) days following receipt of such notification from Landlord, then notify Landlord in writing whether or not Tenant elects to proceed with the Landlord Work Change Order. If Tenant elects to cause any Landlord Work Change Order to be made, the Shell Completion Date and other Major Project Milestones shall be appropriately adjusted as a result of any delays due EXHIBIT B -3- PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] to such Landlord Work Change Order. If Landlord does not approve a proposed Landlord Work PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] Change Order, the Landlord Work Change Order shall not be implemented. Any increased cost resulting from a Landlord Work Change Order shall be charged to the Tenant Improvement Allowance and any delay resulting from a Landlord Work Change Order shall, subject to Section 5 below, be deemed to constitute a Tenant Delay and an Excusable Delay. Tenant acknowledges, however, that the contractor for the Landlord Work shall not be instructed to stop work during the time taken by Tenant in considering whether to proceed with any proposed Landlord Work Change Orders and that the cost charged to the Tenant Improvement Allowance and any potential Tenant Delay and Excusable Delay resulting from a Landlord Work Change Order shall include any work necessary to reverse the work performed by the contractor during the pendency of Tenant's decision whether to proceed with a Landlord Work Change Order.
Appears in 1 contract
Samples: Office Lease (Peregrine Systems Inc)
CHANGE ORDERS REQUESTED BY TENANT TO THE LANDLORD WORK. Tenant may request that additions to or deletions from the Landlord Work be made ("LANDLORD WORK CHANGE ORDERS"). If Tenant desires a Landlord Work Change Order to be made, Tenant shall so notify Landlord in writing and, within ten (10) days after such notification, Landlord shall deliver to Tenant (i) written notice that Landlord has determined, in Landlord's reasonable discretion, to disapprove the proposed Landlord Work Change Order, or (ii) if Landlord approves the proposed Landlord Work Change Order, a written estimate of any extension to the Construction Schedule and any additional costs resulting from such proposed Landlord Work Change Order. Without limitation on other reasons for Landlord's disapproval, Landlord may disapprove any such proposed Landlord Work Change Order if it will cause (a) a material change to the exterior of the Building, (b) a material change to any of the finish materials, including without limitation, to the EXHIBIT B -3- PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] lobby, bathrooms or elevator cabs of the Building, or (c) any material adverse effect (as reasonably determined by Landlord) on the quality or adequate functionality of the Landlord Work. If Landlord approves the proposed Landlord Work Change Order, Tenant shall, within five (5) days following receipt of such notification from Landlord, then notify Landlord in writing whether or not Tenant elects to proceed with the Landlord Work Change Order. If Tenant elects to cause any Landlord Work Change Order to be made, the Shell Completion Date and other Major Project Milestones shall be appropriately adjusted as a result of any delays due EXHIBIT B -3- PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] to such Landlord Work Change Order. If Landlord does not approve a proposed Landlord Work Change Order, the Landlord Work Change Order shall not be implemented. Any increased cost resulting from a Landlord Work Change Order shall be charged to the Tenant Improvement Allowance and any delay resulting from a Landlord Work Change Order shall, subject to Section 5 below, be deemed to constitute a Tenant Delay and an Excusable Delay. Tenant acknowledges, however, that the contractor for the Landlord Work shall not be instructed to stop work during the time taken by Tenant in considering whether to proceed with any proposed Landlord Work Change Orders and that the cost charged to the Tenant Improvement Allowance and any potential Tenant Delay and Excusable Delay resulting from a Landlord Work Change Order shall include any work necessary to reverse the work performed by the contractor during the pendency of Tenant's decision whether to proceed with a Landlord Work Change Order.
Appears in 1 contract
Samples: Office Lease (Peregrine Systems Inc)