Common use of Changes Requested by Landlord Clause in Contracts

Changes Requested by Landlord. Landlord may request Changes after Landlord approves the Approved Plans by notifying Tenant thereof in writing in substantially the same form as the AIA standard change order form (a “Landlord Change Order Request”), which Landlord Change Order Request shall describe in reasonable detail the nature and extent of any requested Changes. If the nature of a Change requires revisions to the Approved Plans and Tenant reasonably agrees to the Change, then Landlord shall be solely responsible for the cost and expense of such revisions. Landlord shall reimburse Tenant for all additional costs and expenses payable by Tenant to complete Tenant Improvements due to a Landlord-requested Change in accordance with the payment provisions of this Work Letter. If Landlord requests Changes that would delay Tenant’s schedule beyond the twelve (12) month period reserved to Tenant under Section 2.7 of the Lease to design and construct the Tenant Improvements, then Tenant may disapprove such Changes unless Landlord agrees to a reasonable extension of the Rent Commencement Date for the Entire New Premises to equitably compensate Tenant for such delay. If Tenant does not approve or disprove in writing a Landlord Change Order Request, then such Landlord Change Order Request shall be deemed approved by Tenant as long as it receives with such written Landlord Change Order Request all information reasonably necessary to permit Tenant to consider such request. If Tenant fails to grant or deny the requested Landlord Change Order Request within five (5) business days after it receives Landlord’s request (and all required additional information, if any), then Tenant shall be deemed to have granted its consent to a given Landlord Change Order Request. These deemed consent procedures for Landlord Change Order Requests shall have no application to any other consent by Tenant.

Changes Requested by Landlord. Landlord may request Base Building Changes or Tenant Improvement Changes after Landlord approves the Approved Plans Tenant Plans, as applicable, by notifying Tenant thereof in writing in substantially the same form as the AIA standard change order form (a “Landlord Change Order Request”), which Landlord Change Order Request shall describe in reasonable detail the nature and extent of any requested Base Building Changes or Tenant Improvement Changes. If the nature of a Tenant Improvement Change requires revisions to the Approved Tenant Plans and Tenant reasonably agrees to the Tenant Improvement Change, then Landlord shall be solely responsible for the cost and expense of such revisionsrevisions (for the sake of clarity, the parallel concept does not apply to Base Building Changes since Landlord reimburses Tenant for Base Building Costs and then includes such Base Buildings Costs as a Project Cost). Landlord shall reimburse Tenant for all additional costs and expenses payable by Tenant to complete Tenant Improvements due to a Landlord-requested Change in accordance with the payment provisions of this Tenant Work Letter. If Landlord requests Base Building Changes or Tenant Improvement Changes that would delay Tenant’s schedule the Tenant Schedule beyond the twelve (12) month period reserved to Tenant under Section 2.7 2.5 of the Lease to design and construct the Base Building Work and the Tenant Improvements, then Tenant may disapprove such Base Building Changes or Tenant Improvement Changes, as applicable, unless Landlord agrees to a reasonable extension of the Building 8 Rent Commencement Date or Building 9 Rent Commencement Date, as the case may be, for the Entire New applicable portion of the Premises to equitably compensate Tenant for such delay. If Tenant does not approve or disprove disapprove in writing a Landlord Change Order Request, then such Landlord Change Order Request shall be deemed approved by Tenant as long as it receives with such written Landlord Change Order Request all information reasonably necessary to permit Tenant to consider such request. If Tenant fails to grant or deny the requested Landlord Change Order Request within five (5) business days after it receives Landlord’s request (and all required additional information, if any), then Tenant shall be deemed to have granted its consent to a given Landlord Change Order Request. These deemed consent procedures for Landlord Change Order Requests shall have no application to any other consent by Tenant.

Changes Requested by Landlord. (a) Landlord may request Changes after Landlord Tenant approves the Approved Plans by notifying Tenant thereof in writing in substantially the same form as the AIA standard change order form (a “Landlord Change Order Request”), which Landlord Change Order Request shall describe in reasonable detail the nature and extent of any requested Changes. If the nature of a Change requires revisions to the Approved Plans and Tenant reasonably agrees to the ChangePlans, then Landlord shall be solely responsible for the cost and expense of such revisions. revisions (except for Minor Variations). (b) Tenant shall approve or reject any Landlord shall reimburse Tenant for all additional costs and expenses payable by Tenant to complete Tenant Improvements due to a Landlord-requested Change Order Requests in accordance with the payment provisions of this Work Letter. If Landlord requests Changes that would delay Tenant’s schedule beyond the twelve (12) month period reserved procedures established pursuant to Tenant under Section 2.7 of the Lease to design and construct the Tenant Improvements, then Tenant may disapprove such Changes unless Landlord agrees to a reasonable extension of the Rent Commencement Date for the Entire New Premises to equitably compensate Tenant for such delay2. If Tenant does not approve or disprove in writing a Landlord Change Order Request, then such Landlord Change Order Request shall be deemed approved rejected by Tenant as long as it receives with such written Tenant, and Landlord Change Order Request all information reasonably necessary shall not be permitted to permit Tenant to consider such request. If Tenant fails to grant or deny the requested Landlord Change Order Request within five (5) business days after it receives alter Landlord’s request (and all required additional information, if any), then Tenant shall be deemed to have granted its consent to a given Work as contemplated by such Landlord Change Order Request. These deemed consent procedures for . (c) In recognition and consideration of the fact that the Premises and Tenant Improvements have not been constructed as of the date hereof, it is hereby agreed by the parties hereto that the Landlord Change Order Requests may make Minor Variations (as herein defined) in the size, design, engineering, configuration and siting of Landlord’s Work, and such Minor Variations shall have no application not render the Lease void or voidable, nor shall any such Minor Variations entitle the Tenant to any other consent reduction or abatement in Rent, anything herein contained and any rule of law or equity to the contrary notwithstanding. “Minor Variations” shall mean any modifications to Landlord’s Work, to the extent such modifications are reasonably required to (i) comply with the requirements of applicable governmental and quasi-governmental laws, regulations and codes (collectively, “Code”) and/or to obtain or to comply with any required permit, (ii) comply with any request by Tenantthe Tenant for modifications to Landlord’s Work, (iii) comport with good design, engineering and construction practices (provided such variations are not material) or (iv) make reasonable adjustments for field deviations encountered in the construction of Landlord’s Work.

Changes Requested by Landlord. (a) Landlord may request Changes after Landlord Tenant approves the Approved Plans by notifying Tenant thereof in writing in substantially the same form as the AIA standard change order form (a “Landlord Change Order Request”), which Landlord Change Order Request shall describe in reasonable detail the nature and extent of any requested Changes. If the nature of a Change requires revisions to the Approved Plans and Tenant reasonably agrees to the ChangePlans, then Landlord shall be solely responsible for the cost and expense of such revisionsrevisions (except for Minor Variations). (b) Tenant shall reject any Landlord Change Order Requests by written notice to Landlord within the later of (i) five (5) business days after receipt of the Landlord Change Order Request and (ii) five (5) business days after receipt of the information to be provided by Landlord under Section 6.3, which notice shall detail the manner in which the Landlord Change Order Request is unacceptable. If Tenant properly rejects any Landlord Change Order Request, then Landlord shall reimburse Tenant for all additional costs revise the Landlord Change Order Request and expenses payable by Tenant to complete Tenant Improvements due to a Landlord-requested Change in accordance with the payment provisions of this Work Letter. If Landlord requests Changes that would delay cause Tenant’s schedule beyond the twelve (12) month period reserved objections to Tenant under Section 2.7 of the Lease to design and construct the Tenant Improvements, then Tenant may disapprove such Changes unless Landlord agrees to a reasonable extension of the Rent Commencement Date for the Entire New Premises to equitably compensate Tenant for such delaybe remedied. If Tenant does not approve or disprove timely reject in writing a Landlord Change Order Request, then such Landlord Change Order Request shall be deemed approved by Tenant. (c) In recognition and consideration of the fact that the Premises and Tenant Improvements have not been constructed as long of the date hereof, it is hereby agreed by the parties hereto that the Landlord may make Minor Variations (as it receives with herein defined) in the size, design, engineering, configuration and siting of Landlord’s Work, and such written Landlord Change Order Request all information reasonably necessary to permit Minor Variations shall not render the Lease void or voidable, nor shall any such Minor Variations entitle the Tenant to consider such requestany reduction or abatement in Rent, anything herein contained and any rule of law or equity to the contrary notwithstanding (except as provided in this Lease with respect to re-measurement of Rentable Area). If Tenant fails “Minor Variations” shall mean any non-material modifications to grant or deny the requested Landlord Change Order Request within five (5) business days after it receives Landlord’s Work which do not require any material change to the Schedule or Approved Budget, to the extent such modifications are reasonably required to (i) comply with Applicable Laws or to obtain or comply with any required permit, (ii) comply with any request by Tenant for modifications to Landlord’s Work, (iii) comport with good design, engineering and all required additional information, if any), then Tenant shall be deemed to have granted its consent to a given Landlord Change Order Request. These deemed consent procedures construction practices (provided such variations are not material) or (iv) make reasonable adjustments for Landlord Change Order Requests shall have no application to any other consent by Tenantfield deviations encountered in the construction of Landlord’s Work.