Construction of Tenant Work. (A) The Plans shall be conclusive as to the entire scope of Tenant Work to be performed by Tenant. Tenant agrees to provide and install the Tenant Work shown on the Plans in a good and workmanlike manner in accordance with the Plans approved by Landlord. Tenant shall pay the cost of all Tenant Work, subject to application of the Tenant Work Allowance as set forth in Section 6 hereof. (B) No material changes or modifications to the Plans shall be made unless by written change order (“Change Order”) signed by Landlord and Tenant, provided that Landlord shall have five (5) Business Days to review and notify Tenant of Landlord’s approval or disregard of such proposed changes or modifications, and provided further Landlord will not unreasonably withhold approval of any Change Order. Tenant shall pay all costs attributable to Change Orders including, without limitation, all architectural and engineering fees to revise the Plans, provided such costs may be paid from the Available Allowance (as defined below). Tenant shall deliver to Landlord any such revised Plans approved and dated by Tenant in writing. Any such changes and/or additions shall be subject to Landlord’s prior written approval of the Plans depicting such changes and/or additions. (C) Tenant shall pay an administrative fee to compensate Landlord for reviewing the Plans and monitoring the Tenant Work, equal to two percent (2%) of the so-called “hard cost” of Tenant Work. Such administrative fee shall be deducted from the Available Allowance on a percentage completion basis based on the disbursement schedule set forth below (except the last payment will be balanced to reflect actual hard costs). Notwithstanding the foregoing, Tenant expressly acknowledges and agrees that Landlord has no responsibility for, and shall not be obligated to provide, any construction management services in connection with the Tenant Work Any construction management services shall be provided by Tenant at its sole cost and expense. (D) Tenant shall pay the cost of all Tenant Work, subject to application of the Available Allowance as set forth in Section 6 hereof. Any costs payable to Landlord under this Work Agreement that are not paid from the Available Allowance shall be payable as Additional Rent by Tenant to Landlord within ten (10) calendar days after receipt of an invoice therefor from Landlord,
Appears in 1 contract
Samples: Office Lease Agreement (Splunk Inc)
Construction of Tenant Work. On or before the date which is forty-five (A45) The days next following Landlord's approval of Tenant Plans as provided in Section B above, Landlord shall be conclusive as obtain and deliver to Tenant a cost proposal for the entire scope construction of Tenant Work from Landlord's Contractor (the "Tenant Cost Proposal"). Landlord acknowledges that Tenant may, subject to be performed the conditions set forth in Section F below, seek cost proposals and solicit bids from other general contractors pre-approved by TenantLandlord, during such forty-five (45) day period. Tenant agrees to provide and install shall have ten (10) days from its receipt of the Tenant Work shown on Cost Proposal (the Plans "Cost Review Period") to review and approve in writing the Tenant Cost Proposal. Any delay in Tenant's approval of the Tenant Cost Proposal beyond the Cost Review Period shall constitute a Tenant Delay if Tenant ultimately selects Landlord's Contractor to construct Tenant Work, or if Tenant selects another contractor but Tenant's delay nonetheless resulted in a good and workmanlike manner delay in the prosecution of Landlord's Work. Upon completion of the Cost Review Period, Tenant shall notify Landlord either that (i) Tenant elects to use Landlord's Contractor to construct Tenant Work in accordance with the Plans approved Tenant Cost Proposal or (ii) Tenant has selected another general contractor approved by Landlord to perform such work, in which event the terms and conditions of Section F below shall apply. In the event that Tenant elects to use Landlord. Tenant shall pay the cost of all 's Contractor to construct Tenant Work, subject then a Tenant Delay shall be deemed to application have occurred from the expiration of the initial Cost Review Period through the date upon which Tenant notifies Landlord that Tenant has selected Landlord's Contractor to construct Tenant Work. If Tenant shall approve the Tenant Cost Proposal as and when herein provided, Landlord shall contract with Landlord's Contractor for the construction of the Tenant Work Allowance as set forth in Section 6 hereof.
(B) No material changes or modifications to the Plans shall be made unless by written change order (“Change Order”) signed by Landlord and Tenant, provided that Landlord shall have five (5) Business Days to review and notify Tenant of Landlord’s approval or disregard of such proposed changes or modifications, and provided further Landlord will not unreasonably withhold approval of any Change Order. Tenant shall pay all costs attributable to Change Orders including, without limitation, all architectural and engineering fees to revise the Plans, provided such costs may be paid from the Available Allowance (as defined below). Tenant shall deliver to Landlord any such revised Plans approved and dated by Tenant in writing. Any such changes and/or additions shall be subject to Landlord’s prior written approval of the Plans depicting such changes and/or additions.
(C) Tenant shall pay an administrative fee to compensate Landlord for reviewing the Plans and monitoring the Tenant Work, equal to two percent (2%) of the so-called “hard cost” of Tenant Work. Such administrative fee shall be deducted from the Available Allowance on a percentage completion basis based on the disbursement schedule set forth below (except the last payment will be balanced to reflect actual hard costs). Notwithstanding the foregoing, Tenant expressly acknowledges and agrees that Landlord has no responsibility for, and shall not be obligated to provide, any construction management services in connection accordance with the Tenant Work Any construction management services Cost Proposal, and Landlord will administer such construction, without additional charge by Landlord for Landlord's administration services, other than Landlord's out of pocket fees, costs and expenses. Landlord shall endeavor to cause Landlord's Contractor to reasonably consult with Tenant in the selection by Landlord's Contractor of subcontractors for Tenant Work; provided, however, that Landlord's Contractor shall at all times retain the right to make the final selection of which subcontractors shall be provided by engaged for the Tenant at its sole cost Work project. Tenant covenants and expense.
(D) Tenant shall agrees to pay the cost of all Tenant Work, subject to application of the Available Allowance as set forth in Section 6 hereof. Any costs payable to Landlord under this Work Agreement that are not paid from the Available Allowance shall be payable as Additional Rent by Tenant to Landlord within ten (10) calendar days next following invoicing (and in any event, prior to and as a condition of taking occupancy), for all costs and expenses associated with Tenant Work in excess of the Tenant Allowance. If Landlord's Contractor shall request assurance of Tenant's agreement to timely pay such excess amounts, Tenant shall provide Landlord's Contractor with an agreement in writing assuring such payment. Any amounts not paid by Tenant within ten (10) days next following invoicing shall accrue interest at the Default Rate (or at such higher lawful rate of interest as may be specified in such invoice(s)) from the date due until the date paid in full by Tenant. If Tenant deems any changes, additions or alterations in the Tenant Plans necessary or desirable, Tenant shall submit such proposed changes, additions or alterations to Landlord in writing. As promptly as is reasonably practicable upon receipt of such proposed changes, additions or alterations, Landlord shall provide Tenant with the following: (i) the estimated cost to Tenant, if any, of the proposed changes, additions or alterations, and (ii) an estimate of the delay, if any, in the estimated Substantial Completion Date which will result from the installation of the proposed changes, additions or alterations. If Landlord reasonably anticipates any delay in the prosecution of either or both Landlord's Work and Tenant Work during such time as Landlord is evaluating Tenant's proposed changes, additions or alterations, or as a result of Landlord's evaluation thereof, Landlord shall advise Tenant of the same, and unless Tenant shall immediately instruct Landlord to disregard Tenant's request, then any such period of delay encountered in Landlord's review of Tenant's requested changes, additions or alterations shall (the remaining provisions of this Work Letter notwithstanding), constitute a Tenant Delay, regardless of whether Tenant and Landlord shall subsequently execute a written change order implementing such changes, additions and alterations. Within two (2) days next following Landlord's request therefor after Tenant shall have submitted to Landlord its request to make such proposed changes, additions and alterations, Tenant shall provide to Landlord such further information as may be requested by Landlord in its evaluation of Tenant's request, and within two (2) days after receipt from Landlord of an invoice therefor from Landlord,'s estimate of cost and estimate of delay (as provided at clauses (i) and (ii) in the preceding paragraph), Tenant shall notify Landlord in writing which, if any, of the proposed changes Landlord is authorized to make, and any delay by Tenant in delivering such notice and executing a written change order (to the extent Tenant determines to make such changes) within such period shall constitute a Tenant Delay. Landlord shall not be bound to effect any such changes in the absence of a change order signed by Landlord and by Tenant confirming the foregoing cost and delay information. In the event Tenant shall fail to provide to Landlord any additional information requested by Landlord in its evaluation of any proposed changes, additions or alterations within the aforesaid two (2) days, then the time interval between the end of such two (2) days and the day on which Landlord actually receives such information shall be deemed to be a further Tenant Delay.
Appears in 1 contract
Samples: Full Service Lease (Ict Group Inc)
Construction of Tenant Work. (A) The Plans As used herein, the term "General Contractor" shall be conclusive as mean MiDale construction, Inc.. In addition to the entire scope approved subcontractors set forth in the Tenant Improvement Manual, Tenant may also submit to Landlord a list of subcontractors which Tenant Work to be performed by Tenant. Tenant agrees to provide and install proposes for certain other portions of the Tenant Work shown on and Landlord shall have the Plans right to approve such subcontractors, which approval shall not be unreasonably withheld or delayed. Without exception, the Landlord requires the Shell and Core roofing Subcontractors to complete the Tenant Work. Landlord shall notify Tenant within five (5) business days following submission of the name or a proposed subcontractor of the approval or disapproval of such subcontractor. All subcontractors for the Tenant Work shall be licensed subcontractors of good reputation, have a demonstrated capability to perform quality workmanship, have financial capacity to complete the work, be experienced in performing work of the type contemplated in similar class office buildings, be familiar with single story office building construction of tenant improvements to the extent relevant, be capable of working in harmony with other contractors in the Building, have good labor and minority relations, utilize union labor where required by Landlord and be bondable (even though bonds may not be required). Landlord shall not unreasonably withhold its approval of subcontractors who meet the foregoing standards; provided, however, that failure to meet the foregoing standards are merely examples of reasons for which Landlord might reasonably withholding approval, whether similar or dissimilar to the foregoing examples. Following approval of the Final Plans, General Contractor shall obtain three (3) bids from subcontractors to perform the Tenant Work, except for those trades with a good value of less than $5,000. Tenant acknowledges and workmanlike manner in accordance with agrees that any review of the Plans approved financial records for the Tenant Work must be performed within thirty (30) days after the final payment of the hard cost component of the Cost of the Tenant Work is made, after which the costs reported shall be final and binding. Xxxxxxxx agrees upon completion of obtaining such bids to submit to Tenant for approval a proposed project budget. Tenant shall approve the proposed project budget within 5 business days of submission of same to Tenant by Landlord. Tenant shall pay deliver to Landlord, copies of all contracts proposed to be executed by Tenant for certain portions of the Tenant Work, which shall require the contractor to comply with the requirements of this Paragraph 5 and the Tenant hnprovement Manual, and to execute the escrow required pursuant to Paragraph 4 hereof. The General Contractor shall obtain, all required building and other permits and otherwise comply with all laws and governmental rules and regulations with respect to or in any manner applicable to the Tenant Work and other construction in the Premises at all times prior to, during and following said work, the cost of all Tenant Work, subject to application which shall be a cost of the Tenant Work Allowance as payable from the Landlord's Contribution to the extent thereof. Subject to all of the terms and conditions of this Workletter, General Contractor shall commence the Tenant Work promptly upon tender of possession of the Premises to Tenant and approval of the Final Plans by Landlord and diligently proceed with the Tenant Work. Possession of the Premises shall be deemed to have been tendered to Tenant upon Xxxxxxxx's execution and delivery of the Lease and this Workletter to Tenant pursuant to the date set forth in Section 6 hereof.
(B) No material changes or modifications to Paragraph 1 hereof for the Plans shall be made unless by written change order (“Change Order”) signed by Landlord and Tenant, provided that Landlord shall have five (5) Business Days to review and notify Tenant of Landlord’s approval or disregard of such proposed changes or modifications, and provided further Landlord will not unreasonably withhold approval of any Change Order. Tenant shall pay all costs attributable to Change Orders including, without limitation, all architectural and engineering fees to revise the Plans, provided such costs may be paid from the Available Allowance (as defined below). Tenant shall deliver to Landlord any such revised Plans approved and dated by Tenant in writing. Any such changes and/or additions shall be subject to Landlord’s prior written approval completion of the Plans depicting such changes and/or additions.
(C) Tenant shall pay an administrative fee shell and core work. Notwithstanding Tenant's right to compensate Landlord separately contract for reviewing the Plans and monitoring certain portions of the Tenant Work, equal to two percent (2%) of the so-called “hard cost” of Tenant Work. Such administrative fee shall be deducted from the Available Allowance on a percentage completion basis based on the disbursement schedule set forth below (except the last payment will be balanced to reflect actual hard costs). Notwithstanding the foregoing, Tenant expressly acknowledges and agrees that Landlord has no responsibility forcoordinate, and cause its contractors to coordinate with Landlord and its designated agents in relation to the scheduling of construction, the use of Building loading docks, the delivery of materials and labor for the Premises and the elimination of rubbish and construction debris. Tenant shall not be obligated cause Xxxxxx's Architect to provide, any construction management services furnish to Landlord from time to time such other information as Landlord shall reasonably request in connection with the construction of the Tenant Work. Landlord and Tenant shall in good faith coordinate their work in accordance with good construction practices. Tenant acknowledges that Shell and Core Work Any and work for other tenants of the Building may take place concurrently with the construction management services and completion of the Tenant Work. Tenant shall be provided require all contractors and subcontractors performing work on behalf of Tenant to provide protection against damage to the Building and work of other tenants to an extent that is satisfactory to Landlord in the reasonable exercise of its discretion. In any event, however, if such damage shall occur, and shall have been caused by Tenant at or its sole cost and expense.
(D) contractors or any of their respective subcontractors, agents, employees or invitees, Tenant shall pay the cost of all Tenant Workpromptly restore and repair, subject or cause its contractor to application of the Available Allowance as set forth promptly restore and repair, or cause its contractor to promptly restore and repair, such damage, or Landlord or its contractor may, at Landlord's option, restore and repair any such damage or permit any other tenant or its contractor to restore work for such tenant which has been damaged, in Section 6 hereof. Any costs payable to Landlord under this Work Agreement that are not paid from the Available Allowance shall be payable as Additional Rent by Tenant to Landlord within ten (10) calendar days after receipt of an invoice therefor from Landlord,each case at Xxxxxx's sole cost.
Appears in 1 contract
Samples: Lease Agreement (Improvenet Inc)
Construction of Tenant Work. (A) The Standard Shell Work (hereinafter defined) will be performed by Landlord at Landlord's sole cost and expense. The term "Standard Shell Work" means and refers to the items described on Exhibit G attached to the Lease. Landlord agrees to provide and install, on Tenant's behalf, the Tenant Work shown on the Plans. The Plans shall be conclusive as to the entire scope of Tenant Work to be performed by TenantLandlord. Tenant agrees to provide and install Landlord agree that the general contractor for the Tenant Work shown on (the Plans in a good and workmanlike manner in accordance with the Plans approved by Landlord. Tenant shall pay the cost of all Tenant Work, subject to application of the Tenant Work Allowance as set forth in Section 6 hereof.
(B"General Contractor") No material changes or modifications to the Plans shall be made unless by written change order Bovis Construction Company (“Change Order”) signed by Landlord and Tenant"Bovis"), without a competitive bidding process, provided that Landlord shall have five (5) Business Days to review the overhead, profit and notify Tenant of Landlord’s approval or disregard of such proposed changes or modifications, and provided further Landlord will not unreasonably withhold approval of any Change Order. Tenant shall pay all costs attributable to Change Orders including, without limitation, all architectural and engineering fees to revise the Plans, provided such costs may be paid from the Available Allowance (as defined below). Tenant shall deliver to Landlord any such revised Plans approved and dated general conditions charged by Tenant in writing. Any such changes and/or additions shall be subject to Landlord’s prior written approval of the Plans depicting such changes and/or additions.
(C) Tenant shall pay an administrative fee to compensate Landlord for reviewing the Plans and monitoring the Tenant Work, equal to two percent (2%) of the so-called “hard cost” of Tenant Work. Such administrative fee shall be deducted from the Available Allowance on a percentage completion basis based on the disbursement schedule set forth below (except the last payment will be balanced to reflect actual hard costs). Notwithstanding the foregoing, Tenant expressly acknowledges and agrees that Landlord has no responsibility for, and shall not be obligated to provide, any construction management services Bovis in connection with the Tenant Work Any are reasonably competitive with the overhead, profit and general conditions charged by similar general contractors performing similar work in similar locations, as reasonably determined by Landlord (it being understood that overhead, profit fees and general conditions of no more than 10% of the costs of the work performed by the General Contractor (including any change orders to such work) shall conclusively be deemed to be reasonably competitive and acceptable to Tenant). After approval of the construction management services documents, Landlord shall request that the General Contractor solicit bids for performance of each of the major trades contained within the Tenant Work from at least three (3) subcontractors. Unless otherwise agreed to by Tenant, the subcontractor with the lowest bid shall be selected as the awarding subcontractor for the indicated trade, provided that such bid is qualified, covers all work to be performed by Tenant at its sole cost such subcontractor trade and expense.
(D) Tenant shall pay is responsive to the cost of all instruction or request for the bids. Prior to commencing any Tenant Work, subject Landlord will submit to application Tenant written estimates of the Available Allowance as set forth cost thereof in Section 6 hereof. Any costs payable to Landlord under this Work Agreement that are not paid from accordance with the Available Allowance shall be payable as Additional Rent by Tenant to Landlord within ten (10) calendar days after receipt of an invoice therefor from Landlord,following schedule:
Appears in 1 contract
Construction of Tenant Work. (A) The Plans shall be conclusive as to the entire scope of Tenant Work to be performed by Tenant. Tenant agrees to provide and install the Tenant Work shown on the Plans in a good and workmanlike manner in strict accordance with the Plans approved by Landlord. Tenant shall pay the cost of all Tenant Work, subject to application of the Tenant Work Allowance as set forth in Section Paragraph 6 hereof.
(B) No material If Tenant shall request changes or modifications to the Plans or the Tenant Work after the date that the Plans were approved by Landlord, Tenant shall be made unless by written change order (“Change Order”) signed by Landlord responsible for directing its architects and Tenant, provided that Landlord shall have five (5) Business Days engineers to review revise the Plans and notify Tenant of Landlord’s approval or disregard of such proposed changes or modifications, and provided further Landlord will not unreasonably withhold approval of any Change Order. Tenant shall pay all costs attributable to Change Orders including, without limitation, all architectural and engineering fees to revise the Plans, provided incurred in making such costs may be paid from the Available Allowance (as defined below)revisions. Tenant shall deliver to Landlord any such revised Plans approved and dated by Tenant in writing. Any such changes and/or additions shall be subject to Landlord’s prior written approval of the Plans depicting such changes and/or additions.
(C) Tenant shall pay an administrative fee to compensate Landlord for reviewing the Plans and and/or monitoring the Tenant Work, Work equal to two the actual out-of-pocket costs incurred in connection therewith, plus fifteen percent (215%) of such actual out-of-pocket costs as reimbursement of administrative expenses, but in no event more than seventy-five hundredths percent (.75%) of the so-called “hard cost” costs of the Tenant Work. Such administrative fee shall be payable as Additional Rent and at Landlord’s election shall be either paid by Tenant to Landlord within ten (10) calendar days after receipt of invoice from Landlord, or deducted from the Available Allowance on a percentage completion basis based on the disbursement schedule set forth below (except the last payment will be balanced to reflect actual hard costs). Notwithstanding the foregoing, Tenant expressly acknowledges and agrees that Landlord has no responsibility for, and shall not be obligated to provide, any construction management services in connection with the available Tenant Work Any construction management services shall be provided by Tenant at its sole cost and expenseAllowance.
(D) Tenant shall pay the cost of all Tenant Work, subject to application of the Available Tenant Work Allowance as set forth in Section Paragraph 6 hereof. Any costs payable to Landlord under this Work Agreement to Landlord that are not paid from the Available Tenant Work Allowance shall be payable as Additional Rent by Tenant to Landlord within ten (10) calendar days after receipt of an invoice therefor from Landlord,. Landlord shall be entitled to order Tenant to suspend construction of any of the Tenant Work while Tenant is late on the payment of any amount payable under the Lease (including without limitation, any provision of this Work Agreement) or while Tenant is in violation or default of any provision of the Lease (including without limitation, any provision of the Work Agreement), provided that Landlord has first applied any or all of the available Tenant Work Allowance pursuant to Paragraph 6 hereof towards satisfaction of such payment obligations or towards curing any other such default. Tenant shall be responsible for any delay resulting therefrom.
Appears in 1 contract
Construction of Tenant Work. (A) The Plans shall be conclusive as Landlord has delivered to Tenant a cost proposal for the entire scope construction of Tenant Work from Landlord’s Contractor based on plans submitted to be performed Landlord by Tenant. Tenant agrees to provide and install Landlord shall contract with Landlord’s Contractor for the construction of the Tenant Work shown on the Plans in a good and workmanlike manner in accordance with the Plans approved Tenant Cost Proposal, and Landlord will administer such construction, without additional charge by Landlord for Landlord’s administration services, other than Landlord’s out of pocket fees, costs and expenses, which costs and expenses shall be identified in advance by Landlord. Landlord shall endeavor to cause Landlord’s Contractor to reasonably consult with Tenant shall pay in the cost selection by Landlord’s Contractor of all subcontractors for Tenant Work; provided, subject however, that Landlord’s Contractor shall at all times retain the right to application make the final selection of which subcontractors shall be engaged for the Tenant Work Allowance project. If Tenant deems any changes, additions or alterations in the Tenant Plans necessary or desirable, Tenant shall submit such proposed changes, additions or alterations to Landlord in writing. As promptly as set forth is reasonably practicable upon receipt of such proposed changes, additions or alterations, Landlord shall provide Tenant with the following: (i) the estimated cost to Tenant, if any, of the proposed changes, additions or alterations, and (ii) an estimate of the delay, if any, in Section 6 hereof.
the estimated Substantial Completion Date which will result from the installation of the proposed changes, additions or alterations. If Landlord reasonably anticipates any delay in the prosecution of either or both Landlord’s Work and Tenant Work during such time as Landlord is evaluating Tenant’s proposed changes, additions or alterations, or as a result of Landlord’s evaluation thereof, Landlord shall advise Tenant of the same, and unless Tenant shall immediately instruct Landlord to disregard Tenant’s request, then any such period of delay encountered in Landlord’s review of Tenant’s requested changes, additions or alterations shall (Bthe remaining provisions of this Work Letter notwithstanding), constitute a Tenant Delay (as further defined herein), regardless of whether Tenant and Landlord shall subsequently execute a written change order implementing such changes, additions and alterations. Within two (2) No material business days next following Landlord’s request therefor after Tenant shall have submitted to Landlord its request to make such proposed changes, additions and alterations, Tenant shall provide to Landlord such further information as may be requested by Landlord in its evaluation of Tenant’s request, and within two (2) business days after receipt from Landlord of Landlord’s estimate of cost and estimate of delay (as provided at clauses (i) and (ii) in the preceding paragraph), Tenant shall notify Landlord in writing which, if any, of the proposed changes or modifications Landlord is authorized to the Plans shall be made unless make, and any delay by Tenant in delivering such notice and executing a written change order (“Change Order”to the extent Tenant determines to make such changes) within such period shall constitute a Tenant Delay. Landlord shall not effect any such changes in the absence of a change order signed by Landlord and Tenant, provided that Landlord shall have five (5) Business Days to review by Tenant confirming the foregoing cost and notify Tenant of Landlord’s approval or disregard of such proposed changes or modifications, and provided further Landlord will not unreasonably withhold approval of any Change Orderdelay information. In the event Tenant shall pay all costs attributable fail to Change Orders including, without limitation, all architectural and engineering fees to revise the Plans, provided such costs may be paid from the Available Allowance (as defined below). Tenant shall deliver provide to Landlord any additional information requested by Landlord in its evaluation of any proposed changes, additions or alterations within the aforesaid two (2) business days, then the time interval between the end of such revised Plans approved two (2) days and dated by Tenant in writing. Any the day on which Landlord actually receives such changes and/or additions information shall be subject deemed to be a further Tenant Delay. Anything herein contained to the contrary notwithstanding, the parties acknowledge and agree that the process of reviewing change order requests is time consuming and costly, regardless of whether the changes contemplated are ultimately implemented. Landlord discourages Tenant from the practice of requesting that Landlord consider immaterial or “frivolous” changes or that Landlord price out and estimate the possible delay associated with a broad range of possible changes, alterations and additions, and in each such instance Tenant is strongly encouraged to narrow the scope of its proposal to a finite number of “alternatives” acceptable to Tenant and therefore the time and expense associated with Landlord’s prior written approval review of the Plans depicting such changes and/or additions.
(C) same. Tenant shall pay an administrative fee to compensate Landlord for reviewing the Plans and monitoring the Tenant Work, equal to two percent (2%) is advised that excessive use of the so-called “hard cost” change order process will invariably result in additional Tenant Delays. Tenant Delays arising under Section C of Tenant Work. Such administrative fee shall be deducted from the Available Allowance on a percentage completion basis based on the disbursement schedule set forth below (except the last payment will be balanced this Work letter in regard to reflect actual hard costs). Notwithstanding the foregoingproposed changes, Tenant expressly acknowledges and agrees that Landlord has no responsibility for, and shall not be obligated to provide, any construction management services additions or alterations in connection with the Tenant Work Any construction management services shall be provided by Tenant at its sole cost and expenseare sometimes herein or in the Lease referred to as “Change Order Delays.
(D) Tenant shall pay the cost of all Tenant Work, subject to application of the Available Allowance as set forth in Section 6 hereof. Any costs payable to Landlord under this Work Agreement that are not paid from the Available Allowance shall be payable as Additional Rent by Tenant to Landlord within ten (10) calendar days after receipt of an invoice therefor from Landlord,”
Appears in 1 contract
Samples: Full Service Lease (Medquist Inc)
