Changes to the Landlord Improvements Clause Samples

Changes to the Landlord Improvements i. Tenant shall make no changes or modifications to the Approved Final Plans for the Landlord Improvements without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion if such change or modification would result in any of the following: (1) directly or indirectly delay Substantial Completion (as hereinafter defined) of the Landlord Improvements, unless Tenant agrees that any such delay shall constitute a “Tenant Delay”; (2) increase the cost of designing or constructing any of the Landlord Improvements above the applicable amount specified in the Project Budget and Section 2(d) above, unless Tenant agrees to pay for such increased cost as if such increased cost were a Change Order Cost (as defined below); (3) be a quality lower than the quality of the Landlord Improvements set forth in the Approved Final Plans for the Landlord Improvements; and/or (4) violate any Applicable Laws or Title Matters. Notwithstanding anything to the contrary set forth in this Work Letter or in the Lease, in the event that Tenant shall request any changes or substitutions to the Approved Final Plans for the Landlord Improvements and such changes, differences and/or substitutions result in increased costs of construction in excess of the applicable amounts specified in the Project Budget and Section 2(d) above, then Tenant shall pay such Change Order Cost (as hereinafter defined) to Landlord within thirty (30) days of receipt of an invoice from Landlord, and in the event that any requested changes result in a delay, such delay shall be deemed a “Tenant Delay.” Notwithstanding the foregoing, Tenant shall have the right to apply any savings realized by Landlord from any Change Order to any Change Order Cost for which Tenant is responsible. ii. Upon receipt of the proposed Change Order for a change to the Approved Final Plans for the Landlord Improvements, Landlord shall provide the following items: (a) a reasonable summary of any estimated increase in the cost caused by such change (“Change Order Cost”) and (b) a statement of the estimated number of days of any delay caused by such proposed change (the “Change Order Delay”). Tenant shall then have three (3) business days to approve the Change Order Cost and the Change Order Delay in writing to Landlord. If Tenant approves these items, Tenant shall, to the extent exceeding any remaining applicable allowances, pay to Landlord the Change Order Cost, if any, within thirty (30) days after La...