Common use of Changes in Tenant Construction Documents Clause in Contracts

Changes in Tenant Construction Documents. Tenant shall have the right, from time to time after receipt of the Tenant Construction Documents, to make changes in and to the same. Within seven (7) business days after Tenant shall request a change in Tenant Construction Documents, Landlord shall notify Tenant in writing as to whether the change requested by Tenant will, in Landlord’s reasonable and good faith judgment, entail additional construction costs and/or additional construction time. If, in Landlord’s reasonable and good faith judgment, such changes will entail additional construction costs and/or additional construction time, such written notice shall contain Landlord’s reasonable estimate of the additional construction costs and/or additional construction time that the same will entail. Tenant shall notify Landlord in writing within five (5) business days after such determination as to whether Tenant wishes to make the changes in question. If Tenant shall not so notify Landlord, it shall be conclusively deemed that Tenant has elected to withdraw the proposed change in Tenant Construction Documents. Conversely, if Tenant shall notify Landlord that Tenant nonetheless wishes to make the change in question, then: i. the Tenant Construction Documents shall be deemed to be changed as set forth in Tenant’s request; and ii. to the extent that Landlord shall incur additional construction costs resulting from such changes, the provisions of subsection (j) below shall apply with respect to timing of required payments.

Appears in 1 contract

Samples: Agreement of Lease (Auxilium Pharmaceuticals Inc)

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Changes in Tenant Construction Documents. Tenant shall have the right, from time to time after receipt of the Tenant Construction Documents, to make changes in and to the same. Within seven (7) business days after Tenant shall request a change in Tenant Construction Documents, Landlord shall notify Tenant in writing as to whether the change requested by Tenant will, in Landlord’s 's reasonable and good faith judgment, entail additional construction costs and/or additional construction time. If, in Landlord’s 's reasonable and good faith judgment, such changes will entail additional construction costs and/or additional construction time, such written notice shall contain Landlord’s 's reasonable estimate of the additional construction costs and/or additional construction time that the same will entail. Tenant shall notify Landlord in writing within five (5) business days after such determination as to whether Tenant wishes to make the changes in question. If Tenant shall not so notify Landlord, it shall be conclusively deemed that Tenant has elected to withdraw the proposed change in Tenant Construction Documents. Conversely, if Tenant shall notify Landlord that Tenant nonetheless wishes to make the change in question, then: i. : the Tenant Construction Documents shall be deemed to be changed as set forth in Tenant’s 's request; and ii. and to the extent that Landlord shall incur additional construction costs resulting from such changes, the provisions of subsection (j) below shall apply with respect to timing of required payments. Landlord Non-material Changes. Landlord shall have the right, from time to time to make non-material changes (in terms of aesthetics, timing, or cost to Tenant) in and to Landlord's Work and the Tenant Construction Documents to the extent that the same shall be necessary or desirable for Landlord: in connection with Landlord's completion of the Landlord's Work and/or in order to cause Landlord's Work or Tenant's Improvements to comply with any applicable requirements of public authorities and/or requirements of insurance bodies.

Appears in 1 contract

Samples: Lease Agreement (Auxilium Pharmaceuticals Inc)

Changes in Tenant Construction Documents. Tenant shall have the right, from time to time after receipt of the Tenant Construction Documents, to make changes in and to the same. Within seven (7) business days after Tenant shall request a change in Tenant Construction Documents, Landlord shall notify Tenant in writing as to whether the change requested by Tenant will, in Landlord’s reasonable and good faith judgment, entail additional construction costs and/or additional construction time. If, in Landlord’s reasonable and good faith judgment, such changes will entail additional construction costs and/or additional construction time, such written notice shall contain Landlord’s reasonable estimate of the additional construction costs and/or additional construction time that the same will entail. Tenant shall notify Landlord in writing within five (5) business days after such determination as to whether Tenant wishes to make the changes in question. If Tenant shall not so notify Landlord, it shall be conclusively deemed that Tenant has elected to withdraw the proposed change in Tenant Construction Documents. Conversely, if Tenant shall notify Landlord that Tenant nonetheless wishes to make the change in question, then: i. (i) the Tenant Construction Documents shall be deemed to be changed as set forth in Tenant’s request; and (ii. ) to the extent that Landlord shall incur additional construction costs resulting from such changes, the provisions of subsection (j) below shall apply with respect to timing of required payments.

Appears in 1 contract

Samples: Lease Agreement (Auxilium Pharmaceuticals Inc)

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Changes in Tenant Construction Documents. Tenant shall have the right, from time to time after receipt of the Tenant Construction Documents, to make changes in and to the same. Within seven (7) business days after Tenant shall request a change in Tenant Construction Documents, Landlord shall notify Tenant in writing as to whether the change requested by Tenant will, in Landlord’s reasonable and good faith judgment, entail additional construction costs and/or additional construction time. If, in Landlord’s reasonable and good faith judgment, such changes will entail additional construction costs and/or additional construction time, such written notice shall contain Landlord’s reasonable estimate of the additional construction costs and/or additional construction time that the same will entail. Tenant shall notify Landlord in writing within five (5) business days after such determination as to whether Tenant wishes to make the changes in question. If Tenant shall not so notify Landlord, it shall be conclusively deemed that Tenant has elected to withdraw the proposed change in Tenant Construction Documents. Conversely, if Tenant shall notify Landlord that Tenant nonetheless wishes to make the change in question, then: i. (a) the Tenant Construction Documents shall be deemed to be changed as set forth in Tenant’s request; and ii. (b) to the extent that Landlord shall incur additional construction costs resulting from such changes, the provisions of subsection (j) below shall apply with respect to timing of required payments.

Appears in 1 contract

Samples: Agreement of Lease (Auxilium Pharmaceuticals Inc)

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