Common use of Construction Pricing Clause in Contracts

Construction Pricing. After approval of the Approved Construction Drawings, Landlord shall invite at least three (3) qualified general contractors (which may include Iron Construction, Skyline Construction, and Principal Builders) to submit bids based on the Approved Construction Drawings. Within ten (10) business days after the Approved Construction Drawings are approved by Landlord and Tenant, Landlord shall provide Tenant with Landlord’s reasonable estimate (the “Construction Pricing Proposal”) of the cost of all Allowance Items to be incurred by Tenant in connection with the performance of the Tenant Improvement Work pursuant to the Approved Construction Drawings, which proposal shall include the bids received by Landlord. Tenant shall provide Landlord with notice (a) approving or disapproving the Construction Pricing Proposal, and (b) selecting one of the contractors included in the Construction Pricing Proposal (the “Contractor”). If Tenant disapproves the Construction Pricing Proposal, Tenant’s notice of disapproval shall be accompanied by proposed revisions to the Approved Construction Drawings that Tenant requests in order to resolve its objections to the Construction Pricing Proposal, and Landlord shall respond as required under Section 2.7 below. Such procedure shall be repeated as necessary until the Construction Pricing Proposal is approved by Tenant; provided, however, that such procedure shall not require Landlord to re-bid the cost of the performance of the Tenant Improvement Work to any party and instead the Contractor shall just provide a reasonably revised Construction Pricing Proposal. Upon Tenant’s approval of the Construction Pricing Proposal, Landlord may purchase the items set forth in the Construction Pricing Proposal and commence construction relating to such items.

Appears in 2 contracts

Samples: Office Lease (Marketo, Inc.), Office Lease (Marketo, Inc.)

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Construction Pricing. After approval of the Approved Construction Drawings, Landlord shall invite at least three (3) qualified general contractors (which may include Iron Construction, Skyline Construction, and Principal Builders) to submit bids based on the Approved Construction Drawings. Within ten (10) business days after the Approved Construction Drawings are approved by Landlord and Tenant, Landlord shall provide Tenant with Landlord’s reasonable estimate (the “Construction Pricing Proposal”) of the cost of all Allowance Items to be incurred by Tenant in connection with the performance of the Tenant Improvement Work pursuant to the Approved Construction Drawings, which proposal shall include the bids received by Landlord. Tenant shall provide Landlord with notice (a) approving or disapproving the Construction Pricing Proposal, and (b) selecting one of the contractors included in the Construction Pricing Proposal (the “Contractor”). If Tenant disapproves the Construction Pricing Proposal, Tenant’s notice of disapproval shall be accompanied by proposed revisions to the Approved Construction Drawings that Tenant requests in order to resolve its objections to the Construction Pricing Proposal, and Landlord shall respond as required under Section 2.7 below. Such procedure shall be repeated as necessary until the Construction Pricing Proposal is approved by Tenant; : provided, however, that such procedure shall not require Landlord to re-bid the cost of the performance of the Tenant Improvement Work to any party and instead the Contractor shall just provide a reasonably revised Construction Pricing Proposal. Upon Tenant’s approval of the Construction Pricing Proposal, Landlord may purchase the items set forth in the Construction Pricing Proposal and commence construction relating to such items.

Appears in 2 contracts

Samples: Office Lease (Marketo, Inc.), Office Lease (Marketo, Inc.)

Construction Pricing. After approval of the Approved Construction Drawings, Landlord shall invite at least three (3) qualified general contractors (which may include Iron Construction, Skyline Construction, and Principal Builders) to submit bids based on the Approved Construction Drawings. Within ten (10) 10 business days after the Approved Construction Drawings are approved by Landlord and Tenant, Landlord shall provide Tenant with Landlord’s reasonable estimate based on a bid from the Contractor, as described in Section 3 below (the “Construction Pricing Proposal”) ), of the cost of all Allowance Items to be incurred by Tenant in connection with the performance of the Tenant Improvement Work pursuant to the Approved Construction Drawings, which proposal . The Construction Pricing Proposal shall include the bids received by Landlorda commercially reasonable contingency amount consistent with a guaranteed maximum price (“GMAX”) construction contract. Tenant shall provide Landlord with notice (a) approving or disapproving the Construction Pricing Proposal, and (b) selecting one of the contractors included in the Construction Pricing Proposal (the “Contractor”). If Tenant disapproves the Construction Pricing Proposal, Tenant’s notice of disapproval shall be accompanied by proposed revisions to the Approved Construction Drawings that Tenant requests in order to resolve its objections to the Construction Pricing Proposal, and Landlord shall respond as required under Section 2.7 2.5 below. Such procedure shall be repeated as necessary until the Construction Pricing Proposal is approved by Tenant; provided, however, that such procedure shall not require Landlord to re-bid the cost of the performance of the Tenant Improvement Work to any party and instead the Contractor shall just provide a reasonably revised Construction Pricing Proposal. Upon Tenant’s approval of the Construction Pricing Proposal, Landlord may purchase the items set forth in the Construction Pricing Proposal and commence construction relating to such items.. Confidential Treatment Requested by Ubiquiti Networks, Inc.

Appears in 1 contract

Samples: Office Lease (Ubiquiti Networks, Inc.)

Construction Pricing. After approval of the Approved Construction Drawings, Landlord shall invite at least three (3) qualified general contractors (which may include Iron Construction, Skyline Construction, and Principal Builders) to submit bids based on the Approved Construction Drawings. Within ten (10) 10 business days after the Approved Construction Drawings are approved by Landlord and Tenant, Landlord shall provide Tenant with Landlord’s reasonable estimate based on a bid from the Contractor, as described in Section 3 below (the “Construction Pricing Proposal”) ), of the cost of all Allowance Items to be incurred by Tenant in connection with the performance of the Tenant Improvement Work pursuant to the Approved Construction Drawings, which proposal . The Construction Pricing Proposal shall include the bids received by Landlorda commercially reasonable contingency amount consistent with a guaranteed maximum price (“GMAX”) construction contract. Tenant shall provide Landlord with notice (a) approving or disapproving the Construction Pricing Proposal, and (b) selecting one of the contractors included in the Construction Pricing Proposal (the “Contractor”). If Tenant disapproves the Construction Pricing Proposal, Tenant’s notice of disapproval shall be accompanied by proposed revisions to the Approved Construction Drawings that Tenant requests in order to resolve its objections to the Construction Pricing Proposal, and Landlord shall respond as required under Section 2.7 2.5 below. Such procedure shall be repeated as necessary until the Construction Pricing Proposal is approved by Tenant; provided, however, that such procedure shall not require Landlord to re-bid the cost of the performance of the Tenant Improvement Work to any party and instead the Contractor shall just provide a reasonably revised Construction Pricing Proposal. Upon Tenant’s approval of the Construction Pricing Proposal, Landlord may purchase the items set forth in the Construction Pricing Proposal and commence construction relating to such items.

Appears in 1 contract

Samples: Office Lease (Ubiquiti Networks, Inc.)

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Construction Pricing. After approval of the Approved Construction Drawings, Landlord shall invite at least three Within fifteen (3) qualified general contractors (which may include Iron Construction, Skyline Construction, and Principal Builders) to submit bids based on the Approved Construction Drawings. Within ten (1015) business days after the Approved Base Building Construction Drawings are approved by Landlord and Tenant, Landlord shall provide Tenant with Landlord’s reasonable estimate (the “Construction Pricing Proposal”) of the cost of all Improvement Allowance Items to be incurred by Tenant in connection with the performance design and construction of the Tenant Improvement Work Base Building Improvements pursuant to the Approved Base Building Construction DrawingsDrawings and the Approved Additional Programming Information, and which proposal shall detail the application of the Base Building Allowance and show any overage in the estimated aggregate cost for the design and construction of the Base Building Allowance and other allowable costs in excess of the Base Building Allowance. The Construction Pricing Proposal shall include a line item stating the bids received by guaranteed maximum price (which shall include a customary contingency amount) set forth in Landlord’s agreement with the general contractor for the Base Building Improvements. Tenant shall provide Landlord with notice (a) approving or reasonably disapproving the Construction Pricing ProposalProposal within ten (10) days after Tenant’s receipt thereof; however, if Tenant does not provide such approval or reasonable disapproval within such ten (10) day period, then Landlord may so notify Tenant in writing and if Tenant again does not approve or disapprove such plans and specifications within five (b5) selecting one days after Tenant’s receipt of the contractors included in such notice, then Tenant shall be deemed to have approved the Construction Pricing Proposal (the “Contractor”)Proposal. If Tenant disapproves the Construction Pricing Proposal, then Tenant’s notice of reasonable disapproval shall be accompanied by proposed revisions to the Approved Base Building Construction Drawings and/or the Approved Additional Programming Information that Tenant requests in order to resolve its objections to the Construction Pricing Proposal, and Landlord shall respond as required under Section 2.7 1.6 below. Such procedure shall be repeated as necessary until the Construction Pricing Proposal is approved by Tenant; provided, however, that such procedure shall not require Landlord to re-bid the cost of the performance of the Tenant Improvement Work to any party and instead the Contractor shall just provide a reasonably revised Construction Pricing Proposal. Upon Tenant’s approval (or deemed approval) of the Construction Pricing Proposal, Landlord may purchase the items set forth in the Construction Pricing Proposal and commence begin construction relating to such itemsitems in accordance with the Construction Schedule (as hereinafter defined).

Appears in 1 contract

Samples: Lease Agreement (Oncorus, Inc.)

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