Common use of Field Change Orders Clause in Contracts

Field Change Orders. If Tenant shall request any change in the Tenant approved CDP, Tenant shall request such change in writing to Landlord, and such request shall be accompanied by all information necessary to prepare plans and specifications for such change. If Landlord approves Tenant's requested change, then after receiving this information, Landlord shall cause its office planner to prepare such plans and specifications and a proposed field change order ("FCO") as soon as reasonably possible thereafter. Landlord shall not be obligated to proceed with any work which would be affected by a proposed FCO until it is effective or Tenant withdraws the FCO request. Tenant shall be responsible for any and all delays in construction and occupancy caused by Tenant's FCO requests. The proposed FCO shall set forth the estimated cost of the changes. The proposed FCO shall be effective only when signed by both Landlord and Tenant, and Tenant has deposited the estimated cost of the changes with Landlord. Landlord shall hold this payment as an additional security deposit. Upon the acceptance of the Premises by Tenant, this additional security deposit shall be applied to pay the cost of the work. If the actual cost of the change order is more or less than this security deposit then the excess or deficiency shall be refunded or paid at the same time, as the case may be. Even if Tenant fails to approve the proposed FCO, Tenant shall be responsible for the cost of preparing any plans and specifications for the proposed FCO. The actual cost, including design and administrative fees, of any FCO shall be paid by Tenant on or before the date Tenant first occupies the Premises unless stated otherwise in the FCO.

Appears in 2 contracts

Samples: Lease Agreement (Webridge Inc), Lease Agreement (Planar Systems Inc)

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Field Change Orders. If Tenant shall request requests any change in to the Tenant approved CDPImprovements, then Tenant shall submit a written request such change in writing to Landlord, and such request shall be accompanied by all information necessary to prepare plans and specifications for such change. If Landlord approves ("Tenant's requested change, then after Request"). After receiving this informationTenant’s Request, Landlord shall cause its office planner architect to prepare such plans and specifications to incorporate Tenant's Request into the Tenant Improvements and prepare a proposed field change order ("FCO") as soon as reasonably possible thereafter. The FCO shall set forth all additional charges or credits resulting from Xxxxxx's Request (the "Stipulated Sum"). The Stipulated Sum shall be formulated using the actual cost of the design work and the cost of the work from the subcontractors less any savings attributable to changing the work specified on Exhibit . Landlord shall not be obligated to proceed with any work which would be affected by that is the subject of a Tenant's Request and detailed in a proposed FCO until it is effective Tenant and the State Controller or Tenant withdraws his designee have approved the FCO requestin writing. The Tenant and the State Controller or his designee shall have five (5) business days after receipt of an FCO (or a revised FCO, as applicable) to approve the FCO or provide written comments or objections thereto to Landlord. Tenant shall be responsible for any and all delays in construction and occupancy caused by Tenant's Xxxxxx’s approved FCO requests. The proposed FCO provided that Landlord shall set forth use commercially reasonable efforts and diligently pursue the estimated cost completion of the changeswork associated with such FCO. The proposed Each FCO approved by Tenant will be the sole responsibility of Tenant and shall be effective due and payable by Tenant within ninety (90) days from the date of receipt by Tenant of Landlord's invoice for such costs, which shall only when signed by both Landlord and Tenant, and Tenant has deposited the estimated cost be issued following Substantial Completion (defined below) of construction of the changes with Landlord. Landlord shall hold this payment as an additional security deposit. Upon the acceptance Tenant Improvements or completion of the Premises by Tenant, this additional security deposit shall be applied to pay the cost of the work. If the actual cost of the change order is more or less than this security deposit then the excess or deficiency shall be refunded or paid at the same time, as the case may be. Even if Tenant fails to approve the proposed work associated with such FCO, Tenant shall be responsible for the cost of preparing any plans and specifications for the proposed FCO. The actual cost, including design and administrative fees, of any FCO shall be paid by Tenant on or before the date Tenant first occupies the Premises unless stated otherwise in the FCOwhichever is later.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Field Change Orders. If Tenant shall request requests any change in the to Tenant approved CDPImprovements, then Tenant shall submit a written request such change in writing to Landlord, and such request shall be accompanied by all information necessary to prepare plans and specifications for such change. If Landlord approves ("Tenant's requested change, then after Request"). After receiving this informationTenant’s Request, Landlord shall cause its office planner architect to prepare such plans and specifications to incorporate Tenant's Request into Tenant Improvements and prepare a proposed field change order ("FCO") as soon as reasonably possible thereafter. The FCO shall set forth all additional charges or credits resulting from Xxxxxx's Request (the "Stipulated Sum"). The Stipulated Sum shall be formulated using the actual cost of the design work and the cost of the work from the subcontractors less any savings attributable to changing the work specified on Exhibit . Landlord shall not be obligated to proceed with any work which would be affected by that is the subject of a Tenant's Request and detailed in a proposed FCO until it is effective Tenant and the State Controller or Tenant withdraws his designee have approved the FCO requestin writing. The Tenant and the State Controller or his designee shall have five (5) business days after receipt of an FCO (or a revised FCO, as applicable) to approve the FCO or provide written comments or objections thereto to Landlord. Tenant shall be responsible for any and all delays in construction and occupancy caused by Tenant's Xxxxxx’s approved FCO requests. The proposed FCO provided that Landlord shall set forth use commercially reasonable efforts and diligently pursue the estimated cost completion of the changeswork associated with such FCO. The proposed Each FCO approved by Xxxxxx will be the sole responsibility of Tenant and shall be effective due and payable by Tenant within ninety (90) days from the date of receipt by Tenant of Landlord's invoice for such costs, which shall only when signed by both Landlord and Tenant, and be issued following Substantial Completion (defined below) of construction of Tenant has deposited the estimated cost Improvements or completion of the changes work associated with Landlord. Landlord shall hold this payment as an additional security deposit. Upon the acceptance of the Premises by Tenant, this additional security deposit shall be applied to pay the cost of the work. If the actual cost of the change order is more or less than this security deposit then the excess or deficiency shall be refunded or paid at the same time, as the case may be. Even if Tenant fails to approve the proposed such FCO, Tenant shall be responsible for the cost of preparing any plans and specifications for the proposed FCO. The actual cost, including design and administrative fees, of any FCO shall be paid by Tenant on or before the date Tenant first occupies the Premises unless stated otherwise in the FCOwhichever is later.

Appears in 1 contract

Samples: Lease Agreement

Field Change Orders. If Tenant shall request any change in the Tenant approved CDPApproved Plans, Tenant shall request such change in writing to Landlord, and such request shall be accompanied by all information necessary to prepare plans and specifications for such change. If Landlord approves Tenant's requested change, then after After receiving this information, Landlord shall cause its office planner to prepare such plans and specifications and a proposed field change order ("FCO") as soon as reasonably possible thereafter. Landlord shall not be obligated to proceed with any work which would be affected by a proposed FCO until it is effective or Tenant withdraws the FCO request. Tenant shall be responsible for any and all delays in construction and occupancy caused by TenantXxxxxx's FCO requests. The proposed FCO shall set forth the estimated cost of the changes. The proposed FCO shall be effective only when signed by both Landlord and Tenant, and Tenant Xxxxxx has deposited the estimated cost of the changes with Landlord. Landlord shall hold this payment as an additional security deposit. Upon the acceptance of the Premises by TenantXxxxxx, this additional security deposit shall be applied to pay the cost of the work. If the actual cost of the change order is more or less than this security deposit then the excess or deficiency shall be refunded or paid at the same time, as the case may be. Even if Tenant Xxxxxx fails to approve the proposed FCO, Tenant shall be responsible for the cost of preparing any plans and specifications for the proposed FCO. The actual cost, including design and administrative fees, of any FCO shall be paid by Tenant on or before the date Tenant first occupies the Premises unless stated otherwise in the FCO.

Appears in 1 contract

Samples: Lease Agreement (Colorado Business Bankshares Inc)

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Field Change Orders. If Tenant shall request any change in the Tenant approved CDP, Tenant shall request such change in writing to Landlord, and such request shall be accompanied by all information necessary to prepare plans and specifications for such change. If Landlord approves Tenant's requested change, then after After receiving this information, Landlord shall cause its office planner to prepare such plans and specifications and a proposed field change order ("FCO") as soon as reasonably possible thereafter. Landlord shall not be obligated to proceed with any work which would be affected by a proposed FCO until it is effective or Tenant withdraws the FCO request. requests Tenant shall be responsible for any and all delays in construction and occupancy caused by Tenant's FCO requests. The proposed FCO shall set forth the estimated cost of the changes. The THe proposed FCO shall be effective only when signed by both Landlord and Tenant, and Tenant has deposited the estimated cost of the changes with Landlord. Landlord shall hold this payment as an additional security deposit. Upon the acceptance of the Premises by Tenant, this additional security deposit shall be applied to pay the cost of the work. If the actual cost of the change order is more or less than this security deposit then the excess or deficiency shall be refunded or paid at the same time, as the case may be. Even if Tenant fails to approve the proposed FCO, Tenant shall be responsible for the cost of preparing any plans and specifications for the proposed FCO. The actual cost, including design and administrative fees, of any FCO shall be paid by Tenant on or before the date Tenant first occupies the Premises unless stated otherwise in the FCO.

Appears in 1 contract

Samples: Lease Agreement (Virtual Mortgage Network Inc)

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