Common use of Construction Plans, Landlord Review, Estimated Costs, Changes and Delay Clause in Contracts

Construction Plans, Landlord Review, Estimated Costs, Changes and Delay. a. Tenant shall provide Landlord with program instructions to complete Plans and Specifications (“Program Instructions”) on or before the Lease’s Effective Date. When complete, the Program Instructions shall be attached to this Work Agreement and incorporated as Exhibit A. b. Landlord, for Tenant's approval, which approval shall not be unreasonably withheld, shall provide the preliminary ‘fifty percent’ plans and specifications, as the term is commonly used in the architectural field, which shall conform to the extent possible to Tenant's Program Instructions and the most current applicable building code requirements (“Fifty Percent Plans”). Landlord shall submit the Fifty Percent Plans Tenant’s Representative within ( ) business days of receipt of Program Instructions. Landlord shall also provide Xxxxxx’s Representative a preliminary estimate of the costs for completion of the work required by the Fifty Percent Plans (“Fifty Percent Cost Estimate”), and a preliminary schedule for such work showing principle milestones and the estimated date of completion, to the extent possible, within ( _) business days of receipt of the Program Instructions. c. Tenant shall provide Landlord with written notice of its approval or disapproval of Fifty Percent Plans within ( ) days after receipt of such Fifty Percent Plans from Landlord. If Tenant disapproves the Fifty Percent Plans, Tenant shall notify Landlord thereof within the ( ) business day period of any matters as to which the Fifty Percent Plans fail to conform to Tenant’s construction requirements or otherwise fail to meet with Xxxxxx’s reasonable approval. Tenant shall also provide Landlord with written notice of its approval or disapproval of the Fifty Percent Cost Estimate within such ( ) business day period. Should Tenant disapprove Fifty Percent Cost Estimate, Tenant and Landlord shall meet within ( ) business days of Landlord’s receipt of notice of such disapproval to discuss how best to reduce costs associated with Landlord’s completion of the work required by the Fifty Percent Plans, and shall, by mutual agreement, provisionally establish a revised Fifty Percent Cost Estimate. Landlord shall deliver to Tenant the completed revised cost estimate (“Revised Fifty Percent Cost Estimate”) and revised plans and specifications (“Revised Fifty Percent Plans”) reflecting the agreed upon changes within ( ) business days of such meeting between Xxxxxx and Landlord. Tenant shall provide Landlord with written notice of its approval or disapproval of the Revised Fifty Percent Cost Estimate and the Revised Fifty Percent Plans within ( ) business days of Tenant’s receipt of Revised Fifty Percent Cost Estimate and Revised Fifty Percent Plans. d. Subsequent to Xxxxxx’s approval of the Revised Fifty Percent Plans and Revised Fifty Percent Cost Estimate, as provided for in Article 4.c above, Landlord, for Tenant's approval, which approval shall not be unreasonably withheld, shall provide the complete and detailed proposed Plans and Specifications for the Premises, stamped and signed by the preparing architect, civil engineer, or structural engineer, the design of which shall conform to Tenant's Program Instructions and any Tenant comments on the Fifty Percent Plans, also as provided for by Article 4.c above, and which shall conform to the most current applicable building code requirements. Landlord shall submit the proposed Plans and Specifications to Tenant’s Representative on or before , 20 . Landlord shall also provide to Tenant’s Representative an estimate of the costs for completion of the work (“Work”) required by the Plans and Specifications (“Cost Estimate”), and a schedule for the Work showing principle milestones and the estimated date of completion (“Work Schedule”), on or before , 20 . e. Tenant shall provide Landlord with written notice of its approval or disapproval of the Plans and Specifications within ( ) business days after receipt of such Plans and Specifications from Landlord. If Tenant disapproves the Plans and Specifications, Tenant shall notify Landlord thereof within the ( ) business day period of any matters as to which the Plans and Specifications fail to conform to Tenant's construction requirements or otherwise fail to meet with Xxxxxx's reasonable approval. Tenant shall also provide Landlord with written notice of its approval or disapproval of the Cost Estimate within such ( ) business day period. The cost of the Work shall not exceed Cost Estimate approved by Xxxxxx’s Representative, as further described in Article 7.2 of the Agreement, “Cost of Tenant Improvements”, except by change order approved by Xxxxxx's Representative, as further described in Article 4.g below. f. Construction shall commence in accordance with Article 8 of the Lease. g. During construction Landlord and Xxxxxx's Representative shall confer periodically regarding the progress of the Work and the approximate cost of the Work completed and the estimated total cost of the Work. Xxxxxx's Representative may request changes, modifications or alterations to the Plans and Specifications by submitting a written proposal request to Landlord. If Landlord approves of the changes described in the Tenant’s Representative’s proposal request, which approval shall not be unreasonably withheld, Landlord shall respond to such request in writing within ( ) business days, proposing the requested changes and providing an estimate of the costs for completion of the such changes (the “Change Order”). Tenant’s Representative shall approve or deny each Change Order within ( ) business days. No Work based upon a Change Order shall be undertaken unless and until Xxxxxx's Representative approves such Change Order by written notice to Landlord. Landlord shall not prepare or execute Change Orders unless requested and subsequently approved in writing by Xxxxxx’s Representative. h. If Landlord determines that a change proposed by Tenant will delay completion of the construction beyond the period allocated for such construction in Article 8 of the Lease, Landlord shall, within ( ) business day(s), notify Tenant's representative of the estimated length of delay caused by Xxxxxx's request. Tenant's Representative shall advise Landlord within ( ) business days after receipt of such notice as to whether Landlord shall proceed with requested change, modification or alteration. Landlord shall not make the requested change to the Plans and Specifications without Tenant's approval of any proposed time extensions. i. If Landlord requests that Tenant clarify or refine the Plans and Specifications, then Tenant's Representative shall meet with Landlord for the purpose of clarifying or refining the Plans and Specifications within ( ) business days after Xxxxxx's receipt of Landlord's request therefor. No such clarification or refinement shall be deemed to be a change order. j. If Landlord determines that the Plans and Specifications must be changed as a result of omissions or errors in the Plans and Specifications, then Landlord shall, at Landlord's cost, prepare and submit to Tenant revised Plans and Specifications correcting any such omission or error. Tenant shall approve or disapprove such revised Plans and Specifications within ( ) business days after receipt and shall not unreasonably withhold its approval. Landlord shall not be responsible for any delays in the time for completion of construction resulting from Xxxxxx's Delay. For purposes herein, Xxxxxx's Delay means any actual delay in the completion of the construction of the Tenant Improvements that may arise solely as a result of: (i) Tenant's failure to comply with its obligations set forth in subsections (a), (c), (e), (g), (h), and (i), above, within the time specified; (ii) any change made after notification to Tenant that a change will delay completion of the construction as provided in subsection (h), above; or (iii) extra time required to obtain any long lead items specified by Tenant. For purposes herein, an item shall be considered a long-lead item if Landlord notifies Tenant within ( ) business days after receipt of Tenant's approval of the Plans and Specifications that such item is not readily available or readily installable after the same is requested by Xxxxxx.

Construction Plans, Landlord Review, Estimated Costs, Changes and Delay. a. Tenant shall provide Landlord with program instructions to complete Plans and Specifications (“Program Instructions”) on or before the Lease’s Effective Date_____________. When complete, the Program Instructions shall be attached to this Work Agreement and incorporated as Exhibit A. b. Landlord, for Tenant's approval, which approval shall not be unreasonably withheld, shall provide the preliminary ‘fifty percent’ plans and specifications, as the term is commonly used in the architectural field, which shall conform to the extent possible to Tenant's Program Instructions and the most current applicable building code requirements (“Fifty Percent Plans”). Landlord shall submit the Fifty Percent Plans Tenant’s Representative within ( ) business days of receipt of Program Instructions. Landlord shall also provide Xxxxxx’s Representative a preliminary estimate of the costs for completion of the work required by the Fifty Percent Plans (“Fifty Percent Cost Estimate”), and a preliminary schedule for such work showing principle milestones and the estimated date of completion, to the extent possible, within ( _) business days of receipt of the Program Instructions. c. Tenant shall provide Landlord with written notice of its approval or disapproval of Fifty Percent Plans within ( ) days after receipt of such Fifty Percent Plans from Landlord. If Tenant disapproves the Fifty Percent Plans, Tenant shall notify Landlord thereof within the ( ) business day period of any matters as to which the Fifty Percent Plans fail to conform to Tenant’s construction requirements or otherwise fail to meet with Xxxxxx’s reasonable approval. Tenant shall also provide Landlord with written notice of its approval or disapproval of the Fifty Percent Cost Estimate within such ( ) business day period. Should Tenant disapprove Fifty Percent Cost Estimate, Tenant and Landlord shall meet within ( ) business days of Landlord’s receipt of notice of such disapproval to discuss how best to reduce costs associated with Landlord’s completion of the work required by the Fifty Percent Plans, and shall, by mutual agreement, provisionally establish a revised Fifty Percent Cost Estimate. Landlord shall deliver to Tenant the completed revised cost estimate (“Revised Fifty Percent Cost Estimate”) and revised plans and specifications (“Revised Fifty Percent Plans”) reflecting the agreed upon changes within ( ) business days of such meeting between Xxxxxx and Landlord. Tenant shall provide Landlord with written notice of its approval or disapproval of the Revised Fifty Percent Cost Estimate and the Revised Fifty Percent Plans within ( ) business days of Tenant’s receipt of Revised Fifty Percent Cost Estimate and Revised Fifty Percent Plans. d. Subsequent to Xxxxxx’s approval of the Revised Fifty Percent Plans and Revised Fifty Percent Cost Estimate, as provided for in Article 4.c above, A. Landlord, for Tenant's approval, which approval shall not be unreasonably withheld, shall provide the complete and detailed proposed Plans and Specifications for the Premises, stamped and signed by the preparing architect, civil engineer, or structural engineer, the design of which shall conform to Tenant's Program Instructions and any Tenant comments on the Fifty Percent Plans, also as provided for by Article 4.c aboveInstructions, and which shall conform to the most current applicable building code requirements. Landlord shall submit the proposed Plans and Specifications to Tenant’s Representative Tenant on or before _______________________, 20 20___. Landlord shall also provide to Tenant’s Representative an estimate (as defined below) the Budget (as defined in Section 7.2 of the costs Lease) for completion of the work (“Work”) required by the Plans and Specifications (“Cost Estimate”)Specifications, and a schedule for the Work showing principle milestones and the estimated date of completion (“Work Schedule”), on or before _________, 20 . e. 20__. Tenant shall provide Landlord with written notice of its approval or disapproval of the Plans and Specifications within ( ten (10) business days after receipt of such Plans and Specifications from Landlord. If Tenant disapproves the Plans and Specifications, Tenant shall notify Landlord thereof within the ( ten (10) business day period of any matters as to which the Plans and Specifications fail to conform to Tenant's program, design, construction or other requirements or otherwise fail to meet with XxxxxxTenant's reasonable approval. Tenant shall also provide Landlord with written notice of its approval or disapproval of the Cost Estimate Budget within such ( ten (10) business day period. The cost of the Work shall not exceed Cost Estimate the Budget approved by Xxxxxx’s Representative, except as further described provided in Article Section 7.2 of the Agreement, “Cost of Tenant Improvements”, except by change order approved by Xxxxxx's Representative, as further described in Article 4.g below. f. Lease. Construction shall commence in accordance with Article 8 of the Lease. g. . For the purposes of this Work Agreement, Tenant shall be represented by ________________________ ("Tenant's Representative"). Landlord hereby recognizes that Xxxxxx's Representative is the sole party authorized by Xxxxxx to coordinate Landlord's construction of the Tenant Improvements and to render Tenant's approval or consent as required by provisions of this Work Agreement. During construction Landlord and Xxxxxx's Representative shall confer periodically regarding the progress of the Work and the approximate cost of the Work completed and the estimated total cost of the Work. During construction, Xxxxxx's Representative may request changes, modifications or alterations to the Plans and Specifications by submitting a written proposal change order request (“COR”) delivered to Landlord. If Landlord approves , but no such change shall be made without the written approval of the changes described in the Tenant’s Representative’s proposal requestLandlord, which approval shall not be unreasonably withheld, . Landlord shall respond to such request in writing within ( ) business days, proposing the requested changes and providing an estimate of the costs for completion of the such changes (the “Change Order”). Tenant’s Representative shall approve or deny each Change Order Tenant COR within ( two (2) business days, and Landlord shall also provide to Tenant's Representative, an estimate of the maximum cost and any impact to the Work Schedule, of each COR within five (5) business days after the delivery of the COR to Landlord. No Work based upon a Change Order COR shall be undertaken unless and until XxxxxxTenant's Representative approves such Change Order shall have approved (by written notice to Landlord) Landlord's cost estimate and impact to the Work Schedule of any such COR. Landlord shall not prepare or execute Change Orders unless requested and subsequently approved in writing by Xxxxxx’s Representative. h. If Landlord determines that a change COR proposed by Tenant will delay completion of the construction beyond the period allocated for such construction in Article 8 of the Lease, Landlord shall, within ( one (1) business day(s)day, notify Tenant's representative Representative of the estimated length of delay caused by Xxxxxx's requestCOR. Tenant's Representative shall advise Landlord within ( one (1) business days day after receipt of such notice as to whether Landlord shall proceed with requested change, modification or alterationthe COR. Landlord shall not make the requested change to the Plans and Specifications or construction work, as required by the subject COR, without Tenant's approval of any proposed time extensions. i. . If Landlord requests that Tenant clarify or refine the Plans and Specifications, then Tenant's Representative shall meet with Landlord for the purpose of clarifying or refining the Plans and Specifications within ( two (2) business days after Xxxxxx's receipt of Landlord's request therefor. No such clarification or refinement shall be deemed to be a COR or change order. j. . If Landlord determines that the Plans and Specifications must be changed as a result of omissions or errors in the Plans and Specifications, then Landlord shall, at Landlord's cost, prepare and submit to Tenant revised Plans and Specifications correcting any such omission omissions or errorerrors. Tenant shall approve or disapprove such revised Plans and Specifications within ( two (2) business days after receipt and shall not unreasonably withhold its approval. Any increases to the Construction Cost that result from the correction of any such omissions or errors shall not be considered a COR or change order, and the cost of those corrections shall be Landlord’s responsibility. Landlord shall not be responsible for any delays in the time for completion of construction resulting from Xxxxxx's Delay. For purposes herein, XxxxxxTenant's Delay means any actual delay in the completion of the construction of the Tenant Improvements that may arise solely as a result of: : (i) Tenant's failure to comply with its obligations set forth in subsections (ab), (c), (ef), (g), and (h), and (i), above, within the time specified; (ii) any change to the Work made pursuant to a COR after notification to Tenant that a change COR will delay completion of the construction as provided in subsection (f) or (h), above; or (iii) extra time required to obtain any long lead items specified by TenantXxxxxx. For purposes herein, an item shall be considered a long-lead long‑lead item if Landlord notifies Tenant within ( ten (10) business days after receipt of Tenant's approval of the Plans and Specifications that such item is not readily available or readily installable after the same is requested by Xxxxxx.

Construction Plans, Landlord Review, Estimated Costs, Changes and Delay. a. Tenant shall provide Landlord with program instructions to complete Plans and Specifications (“Program Instructions”) on or before the Lease’s Effective Date. When complete, the Program Instructions shall be attached to this Work Agreement and incorporated as Exhibit A. b. Landlord, for Tenant's approval, which approval shall not be unreasonably withheld, shall provide the preliminary ‘fifty percent’ plans and specifications, as the term is commonly used in the architectural field, which shall conform to the extent possible to Tenant's Program Instructions and the most current applicable building code requirements (“Fifty Percent Plans”). Landlord shall submit the Fifty Percent Plans Tenant’s Representative within ( ) business days of receipt of Program Instructions. Landlord shall also provide Xxxxxx’s Representative a preliminary estimate of the costs for completion of the work required by the Fifty Percent Plans (“Fifty Percent Cost Estimate”), and a preliminary schedule for such work showing principle milestones and the estimated date of completion, to the extent possible, within ( _) business days of receipt of the Program Instructions. c. Tenant shall provide Landlord with written notice of its approval or disapproval of Fifty Percent Plans within ( ) days after receipt of such Fifty Percent Plans from Landlord. If Tenant disapproves the Fifty Percent Plans, Tenant shall notify Landlord thereof within the ( ) business day period of any matters as to which the Fifty Percent Plans fail to conform to Tenant’s construction requirements or otherwise fail to meet with Xxxxxx’s reasonable approval. Tenant shall also provide Landlord with written notice of its approval or disapproval of the Fifty Percent Cost Estimate within such ( ) business day period. Should Tenant disapprove Fifty Percent Cost Estimate, Tenant and Landlord shall meet within ( ) business days of Landlord’s receipt of notice of such disapproval to discuss how best to reduce costs associated with Landlord’s completion of the work required by the Fifty Percent Plans, and shall, by mutual agreement, provisionally establish a revised Fifty Percent Cost Estimate. Landlord shall deliver to Tenant the completed revised cost estimate (“Revised Fifty Percent Cost Estimate”) and revised plans and specifications (“Revised Fifty Percent Plans”) reflecting the agreed upon changes within ( ) business days of such meeting between Xxxxxx and Landlord. Tenant shall provide Landlord with written notice of its approval or disapproval of the Revised Fifty Percent Cost Estimate and the Revised Fifty Percent Plans within ( ) business days of Tenant’s receipt of Revised Fifty Percent Cost Estimate and Revised Fifty Percent Plans. d. Subsequent to Xxxxxx’s approval of the Revised Fifty Percent Plans and Revised Fifty Percent Cost Estimate, as provided for in Article 4.c above, Landlord, for Tenant's approval, which approval shall not be unreasonably withheld, shall provide the complete and detailed proposed Plans and Specifications for the Premises, stamped and signed by the preparing architect, civil engineer, or structural engineer, Premises the design of which shall conform to Tenant's Program Instructions and any Tenant comments on approved program for use of the Fifty Percent Plans, also Premises as provided for by Article 4.c above, and which shall conform to summarized in the most current applicable building code requirements. attached Exhibit A. Landlord shall submit the proposed Plans and Specifications to Tenant’s Representative Tenant on or before _______________________ , 20 20___. Landlord shall also provide to Tenant’s Representative an estimate of the costs for completion of the work (“Work”) required by the Plans and Specifications (“Cost Estimate”), and a schedule for the Work showing principle milestones and the estimated date of completion (“Work Schedule”), on or before , 20 . e. Tenant shall provide Landlord with written notice of its approval or disapproval of the Plans and Specifications within ( ten (10) business days after receipt of such Plans and Specifications from Landlord. If Tenant disapproves the Plans and Specifications, Tenant shall notify Landlord thereof within the ( ten (10) business day period of any matters as to which the Plans and Specifications fail to conform to Tenant's construction requirements or otherwise fail to meet with Xxxxxx's reasonable approval. Tenant Landlord shall also provide Landlord with written notice of its approval or disapproval to Tenant an estimate of the Cost Estimate costs for completion of the work required by the Plans and Specifications (“Work”), and a schedule for the Work showing principle milestones and the estimated date of completion. Prior to commencement of any Work by Landlord, Tenant shall have approved, by notice to Landlord, Xxxxxxxx's estimate of the cost of completing such Work. Tenant shall approve or disapprove such estimates within such ( five (5) business day perioddays of receipt. The cost of the Work shall not exceed Cost Estimate approved by Xxxxxx’s Representative, as further described in Article 7.2 of the Agreement, “Cost of Tenant Improvements”, except by change order approved by Xxxxxx's Representative, as further described in Article 4.g below. f. Construction shall commence in accordance with Article 8 of the Lease. g. . During construction Landlord and Xxxxxx's Representative (as defined below) shall confer periodically regarding the progress of the Work and the approximate cost of the Work completed and the estimated total cost of the Work. XxxxxxTenant's Representative may request changes, modifications or alterations to the Plans and Specifications by submitting a written proposal request change order delivered to Landlord. If Landlord approves , but no such change shall be made without the written approval of the changes described in the Tenant’s Representative’s proposal requestLandlord, which approval shall not be unreasonably withheld, . Landlord shall respond to such request in writing within ( ) business days, proposing the requested changes and providing an estimate of the costs for completion of the such changes (the “Change Order”). Tenant’s Representative shall approve or deny each Change Order Tenant change order within ( two (2) business days, and Landlord shall also provide to Tenant's designated representative, ___________________________, or such other person substituted for ________________________________ ("Tenant's Representative"), by written notice to Landlord, with an estimate of the maximum cost of each change order within five (5) business days after the delivery of the change order to Landlord. No Work based upon a Change Order change order shall be undertaken unless and until XxxxxxTenant's Representative approves such Change Order shall have approved (by written notice to Landlord) Landlord's cost estimate. Landlord shall not prepare or execute Change Orders unless requested and subsequently approved in writing by Xxxxxx’s Representative. h. If Landlord determines that a change proposed by Tenant will delay completion of the construction beyond the period allocated for such construction in Article 8 of the Lease, Landlord shall, within ( one (1) business day(s)day, notify Tenant's representative of the estimated length of delay caused by Xxxxxx's request. Tenant's Representative shall advise Landlord within ( one (1) business days day after receipt of such notice as to whether Landlord shall proceed with requested change, modification or alteration. Landlord shall not make the requested change to the Plans and Specifications without Tenant's approval of any proposed time extensions. i. . If Landlord requests that Tenant clarify or refine the Plans and Specifications, then Tenant's Representative shall meet with Landlord for the purpose of clarifying or refining the Plans and Specifications within ( two (2) business days after Xxxxxx's receipt of Landlord's request therefor. No such clarification or refinement shall be deemed to be a change order. j. . If Landlord determines that the Plans and Specifications must be changed as a result of omissions or errors in the Plans and Specifications, then Landlord shall, at Landlord's cost, prepare and submit to Tenant revised Plans and Specifications correcting any such omission or error. Tenant shall approve or disapprove such revised Plans and Specifications within ( two (2) business days after receipt and shall not unreasonably withhold its approval. Landlord shall not be responsible for any delays in the time for completion of construction resulting from Xxxxxx's Delay. For purposes herein, XxxxxxTenant's Delay means any actual delay in the completion of the construction of the Tenant Improvements that may arise solely as a result of: : (i) Tenant's failure to comply with its obligations set forth in subsections (ab), (c), (ef), (g), and (h), and (i), above, within the time specified; (ii) any change made after notification to Tenant that a change will delay completion of the construction as provided in subsection (f) or (h), above; or (iii) extra time required to obtain any long lead items specified by Tenant. For purposes herein, an item shall be considered a long-lead long‑lead item if Landlord notifies Tenant within ( ten (10) business days after receipt of Tenant's approval of the Plans and Specifications that such item is not readily available or readily installable after the same is requested by Xxxxxx.

Construction Plans, Landlord Review, Estimated Costs, Changes and Delay. a. Tenant shall provide Landlord with program instructions to complete Plans and Specifications (“Program Instructions”a) on or before the Lease’s Effective Date. When complete, the Program Instructions shall be attached to this Work Agreement and incorporated as Exhibit A. b. Landlord, for Tenant's approval, which approval shall not be unreasonably withheld, shall provide the preliminary ‘fifty percent’ plans and specifications, as the term is commonly used in the architectural field, which shall conform to the extent possible to Tenant's Program Instructions and the most current applicable building code requirements (“Fifty Percent Plans”). Landlord shall submit the Fifty Percent Plans Tenant’s Representative within ( ) business days of receipt of Program Instructions. Landlord shall also provide Xxxxxx’s Representative a preliminary estimate of the costs for completion of the work required by the Fifty Percent Plans (“Fifty Percent Cost Estimate”), and a preliminary schedule for such work showing principle milestones and the estimated date of completion, to the extent possible, within ( _) business days of receipt of the Program Instructions. c. Tenant shall provide Landlord with written notice of its approval or disapproval of Fifty Percent Plans within ( ) days after receipt of such Fifty Percent Plans from Landlord. If Tenant disapproves the Fifty Percent Plans, Tenant shall notify Landlord thereof within the ( ) business day period of any matters as to which the Fifty Percent Plans fail to conform to Tenant’s construction requirements or otherwise fail to meet with Xxxxxx’s reasonable approval. Tenant shall also provide Landlord with written notice of its approval or disapproval of the Fifty Percent Cost Estimate within such ( ) business day period. Should Tenant disapprove Fifty Percent Cost Estimate, Tenant and Landlord shall meet within ( ) business days of Landlord’s receipt of notice of such disapproval to discuss how best to reduce costs associated with Landlord’s completion of the work required by the Fifty Percent Plans, and shall, by mutual agreement, provisionally establish a revised Fifty Percent Cost Estimate. Landlord shall deliver to Tenant the completed revised cost estimate (“Revised Fifty Percent Cost Estimate”) and revised plans and specifications (“Revised Fifty Percent Plans”) reflecting the agreed upon changes within ( ) business days of such meeting between Xxxxxx and Landlord. Tenant shall provide Landlord with written notice of its approval or disapproval of the Revised Fifty Percent Cost Estimate and the Revised Fifty Percent Plans within ( ) business days of Tenant’s receipt of Revised Fifty Percent Cost Estimate and Revised Fifty Percent Plans. d. Subsequent to Xxxxxx’s approval of the Revised Fifty Percent Plans and Revised Fifty Percent Cost Estimate, as provided for in Article 4.c above, Landlord, for Tenant's approval, which approval shall not be unreasonably withheld, shall provide the complete and detailed proposed Plans and Specifications for the Premises, stamped and signed by the preparing architect, civil engineer, or structural engineer, Premises the design of which shall conform to Tenant's Program Instructions and any Tenant comments on approved program for use of the Fifty Percent Plans, also Premises as provided for by Article 4.c above, and which shall conform to summarized in the most current applicable building code requirements. attached Exhibit A. Landlord shall submit the proposed Plans and Specifications to Tenant’s Representative on or before , 20 . Landlord shall also provide to Tenant’s Representative an estimate of the costs for completion of the work (“Work”) required by the Plans and Specifications (“Cost Estimate”), and a schedule for the Work showing principle milestones and the estimated date of completion (“Work Schedule”), Tenant on or before , 20 . e. (b) Tenant shall provide Landlord with written notice of its approval or disapproval of the Plans and Specifications within ( ten (10) business days after receipt of such Plans and Specifications from LandlordTenant. If Tenant disapproves the Plans and Specifications, Tenant shall notify Landlord thereof within the ( ten (10) business day period of any matters as to which the Plans and Specifications fail to conform to Tenant's construction requirements or otherwise fail to meet with Xxxxxx's reasonable approval. Tenant Landlord shall also provide Landlord with written notice of its approval or disapproval of the Cost Estimate to Tenant, within such ( ten (10) business day period. The cost period of delivery of plans, an estimate of the costs for completion of the Work required by the Plans and Specifications. (c) Prior to commencement of any Work by Landlord, Tenant shall not exceed Cost Estimate approved have approved, by Xxxxxx’s Representativenotice to Landlord, as further described in Article 7.2 Xxxxxxxx's estimate of the Agreement, “Cost cost of completing such Work. Tenant Improvements”, except by change order approved by Xxxxxx's Representative, as further described in Article 4.g belowshall approve or disapprove such estimates within five (5) business days of receipt. f. (d) Construction shall commence in accordance with Article 8 paragraph 7.4 of the Lease. g. (e) During construction Landlord and Xxxxxx's Representative (as defined below) shall confer periodically regarding the progress of the Work and the approximate cost of the Work completed and the estimated total cost of the Workcompleted. XxxxxxTenant's Representative may request changes, modifications or alterations to the Plans and Specifications by submitting a written proposal request change order delivered to Landlord. If Landlord approves , but no such change shall be made without the written approval of the changes described in the Tenant’s Representative’s proposal requestLandlord, which approval shall not be unreasonably withheld, . Landlord shall respond to such request in writing within ( ) business days, proposing the requested changes and providing an estimate of the costs for completion of the such changes (the “Change Order”). Tenant’s Representative shall approve or deny each Change Order Tenant change order within ( two (2) business days. No Work based upon a Change Order shall be undertaken unless , and until Xxxxxx's Representative approves such Change Order by written notice to Landlord. Landlord shall not prepare or execute Change Orders unless requested and subsequently approved in writing by Xxxxxx’s Representative.also provide to Tenant's designated representative, h. (f) If Landlord determines that a change proposed by Tenant will delay completion of the construction beyond the period allocated for such construction in Article 8 paragraph 7.4 of the Lease, Landlord shall, within ( one (1) business day(s)day, notify Tenant's representative Representative of the estimated length of delay caused by Xxxxxx's request. Tenant's Representative shall advise Landlord within ( one (1) business days day after receipt of such notice as to whether Landlord shall proceed with requested change, modification or alteration. Landlord shall not make the requested change to the Plans and Specifications without Tenant's approval of any proposed time extensions. i. (g) If Landlord requests that Tenant clarify or refine the Plans and Specifications, then Tenant's Representative shall meet with Landlord for the purpose of clarifying or refining the Plans and Specifications within ( two (2) business days after Xxxxxx's receipt of Landlord's request therefor. No such clarification or refinement shall be deemed to be a change order. j. (h) If Landlord determines that the Plans and Specifications must be changed as a result of omissions or errors in the Plans and Specifications, then Landlord shall, at Landlord's cost, prepare and submit to Tenant revised Plans and Specifications correcting any such omission or error. Tenant shall approve or disapprove such revised Plans and Specifications within ( two (2) business days after receipt and shall not unreasonably withhold its approval. Landlord shall not be responsible for any delays in the time for completion of construction resulting from Xxxxxx's Delay. For purposes herein, XxxxxxTenant's Delay means any actual delay in the completion of the construction of the Tenant Improvements that may arise solely as a result of: : (i) Tenant's failure to comply with its obligations set forth in subsections (a), (c), (ef), (g), and (h), and (i), above, within the time specified; (ii) any change made after notification to Tenant that a change will delay completion of the construction as provided in subsection (f) of (h), above; or (iii) extra time required to obtain any long lead items specified by Tenant. For purposes herein, an item shall be considered a long-lead item if Landlord notifies Tenant within ( ten (10) business days after receipt of Tenant's approval of the Plans and Specifications that such item is not readily available or readily installable after the same is requested by Xxxxxx.

Construction Plans, Landlord Review, Estimated Costs, Changes and Delay. a. Tenant shall provide Landlord with program instructions to complete Plans and Specifications (“Program Instructions”a) on or before the Lease’s Effective Date. When complete, the Program Instructions shall be attached to this Work Agreement and incorporated as Exhibit A. b. Landlord, for Tenant's approval, which approval shall not be unreasonably withheld, shall provide the preliminary ‘fifty percent’ plans and specifications, as the term is commonly used in the architectural field, which shall conform to the extent possible to Tenant's Program Instructions and the most current applicable building code requirements (“Fifty Percent Plans”). Landlord shall submit the Fifty Percent Plans Tenant’s Representative within ( ) business days of receipt of Program Instructions. Landlord shall also provide Xxxxxx’s Representative a preliminary estimate of the costs for completion of the work required by the Fifty Percent Plans (“Fifty Percent Cost Estimate”), and a preliminary schedule for such work showing principle milestones and the estimated date of completion, to the extent possible, within ( _) business days of receipt of the Program Instructions. c. Tenant shall provide Landlord with written notice of its approval or disapproval of Fifty Percent Plans within ( ) days after receipt of such Fifty Percent Plans from Landlord. If Tenant disapproves the Fifty Percent Plans, Tenant shall notify Landlord thereof within the ( ) business day period of any matters as to which the Fifty Percent Plans fail to conform to Tenant’s construction requirements or otherwise fail to meet with Xxxxxx’s reasonable approval. Tenant shall also provide Landlord with written notice of its approval or disapproval of the Fifty Percent Cost Estimate within such ( ) business day period. Should Tenant disapprove Fifty Percent Cost Estimate, Tenant and Landlord shall meet within ( ) business days of Landlord’s receipt of notice of such disapproval to discuss how best to reduce costs associated with Landlord’s completion of the work required by the Fifty Percent Plans, and shall, by mutual agreement, provisionally establish a revised Fifty Percent Cost Estimate. Landlord shall deliver to Tenant the completed revised cost estimate (“Revised Fifty Percent Cost Estimate”) and revised plans and specifications (“Revised Fifty Percent Plans”) reflecting the agreed upon changes within ( ) business days of such meeting between Xxxxxx and Landlord. Tenant shall provide Landlord with written notice of its approval or disapproval of the Revised Fifty Percent Cost Estimate and the Revised Fifty Percent Plans within ( ) business days of Tenant’s receipt of Revised Fifty Percent Cost Estimate and Revised Fifty Percent Plans. d. Subsequent to Xxxxxx’s approval of the Revised Fifty Percent Plans and Revised Fifty Percent Cost Estimate, as provided for in Article 4.c above, Landlord, for Tenant's approval, which approval shall not be unreasonably withheld, shall provide the complete and detailed proposed Plans and Specifications for the Premises, stamped and signed by the preparing architect, civil engineer, or structural engineer, Premises the design of which shall conform to Tenant's Program Instructions and any Tenant comments on approved program for use of the Fifty Percent Plans, also Premises as provided for by Article 4.c above, and which shall conform to summarized in the most current applicable building code requirements. attached Exhibit A. Landlord shall submit the proposed Plans and Specifications to Tenant’s Representative on or before , 20 . Landlord shall also provide to Tenant’s Representative an estimate of the costs for completion of the work (“Work”) required by the Plans and Specifications (“Cost Estimate”), and a schedule for the Work showing principle milestones and the estimated date of completion (“Work Schedule”), Tenant on or before , 20 . e. (b) Tenant shall provide Landlord with written notice of its approval or disapproval of the Plans and Specifications within ( ten (10) business days after receipt of such Plans and Specifications from Landlord. If Tenant disapproves the Plans and Specifications, Tenant shall notify Landlord thereof within the ( ten (10) business day period of any matters as to which the Plans and Specifications fail to conform to Tenant's construction requirements or otherwise fail to meet with Xxxxxx's reasonable approval. Tenant Landlord shall also provide Landlord with written notice of its approval or disapproval of the Cost Estimate to Tenant, within such ( ten (10) business day period. The period of delivery of plans, an estimate of the costs for completion of the work required by the Plans and Specifications (the “Work”). (c) Prior to commencement of any Work by Landlord, Tenant shall have approved, by written notice to Landlord, Xxxxxxxx's estimate of the cost of the Work completing such Work. Tenant shall not exceed Cost Estimate approved by Xxxxxx’s Representative, as further described in Article 7.2 approve or disapprove such estimates within five (5) business days of the Agreement, “Cost of Tenant Improvements”, except by change order approved by Xxxxxx's Representative, as further described in Article 4.g belowreceipt. f. (d) Construction shall commence in accordance with Article 8 Section 7.4 of the Lease. g. (e) During construction Landlord and Xxxxxx's Representative (as defined below) shall confer periodically regarding the progress of the Work and the approximate cost of the Work completed and the estimated total cost of the Workcompleted. XxxxxxTenant's Representative may request changes, modifications or alterations to the Plans and Specifications by submitting a written proposal request change order delivered to Landlord. If Landlord approves , but no such change shall be made without the written approval of the changes described in the Tenant’s Representative’s proposal requestLandlord, which approval shall not be unreasonably withheld, . Landlord shall respond to such request in writing within ( ) business days, proposing the requested changes and providing an estimate of the costs for completion of the such changes (the “Change Order”). Tenant’s Representative shall approve or deny each Change Order Tenant change order within ( two (2) business days, and Landlord shall also provide to Tenant's designated representative, _____________________________________, or such other person substituted for _________________________________ ("Tenant's Representative"), by written notice to Landlord, with an estimate of the cost of each change order within five (5) business days after the delivery of the change order to Landlord. No Work based upon a Change Order change order shall be undertaken unless and until XxxxxxTenant's Representative approves such Change Order shall have approved (by written notice to Landlord. Landlord shall not prepare or execute Change Orders unless requested and subsequently approved in writing by Xxxxxx’s Representative) Landlord's cost estimate. h. (f) If Landlord determines that a change proposed by Tenant will delay completion of the construction beyond the period allocated for such construction in Article 8 Section 7.4 of the Lease, Landlord shall, within ( one (1) business day(s)day, notify Tenant's representative Representative of the estimated length of delay caused by Xxxxxx's request. Tenant's Representative shall advise Landlord within ( one (1) business days day after receipt of such notice as to whether Landlord shall proceed with requested change, modification or alteration. Landlord shall not make the requested change to the Plans and Specifications without Tenant's approval of any proposed time extensions. i. (g) If Landlord requests that Tenant clarify or refine the Plans and Specifications, then Tenant's Representative shall meet with Landlord for the purpose of clarifying or refining the Plans and Specifications within ( two (2) business days after Xxxxxx's receipt of Landlord's request therefor. No such clarification or refinement shall be deemed to be a change order. j. (h) If Landlord determines that the Plans and Specifications must be changed as a result of omissions or errors in the Plans and Specifications, then Landlord shall, at Landlord's cost, prepare and submit to Tenant revised Plans and Specifications correcting any such omission or error. Tenant shall approve or disapprove such revised Plans and Specifications within ( two (2) business days after receipt and shall not unreasonably withhold its approval. Landlord shall not be responsible for any delays in the time for completion of construction resulting from Xxxxxx's Delay. For purposes herein, Xxxxxx's Delay means any actual delay in the completion of the construction of the Tenant Improvements that may arise solely as a result of: (i) Tenant's failure to comply with its obligations set forth in subsections (a), (c), (e), (g), (h), and (i), above, within the time specified; (ii) any change made after notification to Tenant that a change will delay completion of the construction as provided in subsection (h), above; or (iii) extra time required to obtain any long lead items specified by Tenant. For purposes herein, an item shall be considered a long-lead item if Landlord notifies Tenant within ( ) business days after receipt of Tenant's approval of the Plans and Specifications that such item is not readily available or readily installable after the same is requested by Xxxxxx.