EXPANSION CHANGE ORDERS Clause Samples

EXPANSION CHANGE ORDERS. Tenant shall be allowed to request Change Orders, and shall be deemed to have requested Change Orders, with respect to the Expansion Improvements as provided in Section 2.4 hereof.

EXPANSION CHANGE ORDERS. If Landlord constructs the Expansion Space, Tenant shall be allowed to request Change Orders with respect to the Expansion Space in the same manner and with the same effect as Change Orders to the Initial Improvements, except as hereafter provided. Any Change Orders with respect to the Expansion Space shall modify the Expansion Costs, upwards or downwards, as the case may be, that is set forth in Landlord's Proposal. Any increase in the amount of the Expansion Costs set forth in Landlord's Proposal as a result of a Change Order in respect to the Expansion Space shall be paid by Tenant within thirty (30) days of Tenant's receipt of an invoice from Landlord for work completed in the previous month that is applicable to such Change Order.

EXPANSION CHANGE ORDERS. Tenant shall be allowed to request (and shall be deemed to have agreed to) Change Orders with respect to the Expansion Improvements in the same manner and with the same effect as Change Orders to the Initial Improvements; expressly excepting, however, that notwithstanding anything to the contrary contained in Section 2.4: (i) if the Change Order Cost is less than the original charge for the work being deleted or changed, the amount of actual costs savings up to but in no event exceeding $100,000 in the aggregate for all Change Orders shall be credited to Tenant (with any cost savings of $100,000 or more accruing solely to Landlord without credit to Tenant); (ii) if the Change Order Cost is greater than the original charge for the work being changed, then Tenant shall pay to Landlord such Change Order Cost simultaneously with execution of the Change Order; and (iii) any Soil Conditions Adjustment shall automatically and conclusively be deemed to be a Change Order to be paid at Tenant’s sole cost and expense. For purposes hereof, a “Soil Conditions Adjustment” is any soil conditions which differ materially from those recommended in the soil report and result in an increase to cost of construction of the Expansion Improvements, including without limitation, any condition which requires added structural or foundation support, the importation or exportation of soil or fill to level the site or otherwise put the site in readily buildable condition.