Common use of FINAL PRICING AND DRAWING SCHEDULE Clause in Contracts

FINAL PRICING AND DRAWING SCHEDULE. After preparation by Landlord’s architect or space planner, the Tenant Improvement Plans shall be submitted to Tenant for approval, which shall not be unreasonably withheld. If Tenant fails to deliver to Landlord Tenant’s written disapproval of the Tenant Improvement Plans, or any revised Tenant Improvement Plans, within five (5) days after the date the Tenant Improvement Plans, or any revised Tenant Improvement Plans, are received by Tenant, such failure shall constitute a Tenant Delay and the Commencement Date shall be accelerated one day for each day of such Tenant Delay. If the Tenant Improvement Plans, or any revised Tenant Improvement Plans, are timely disapproved by Tenant pursuant to this Paragraph, Tenant shall provide to Landlord a written explanation of the reason(s) for such disapproval concurrently with that disapproval, and the Tenant Improvement Plans shall be revised and resubmitted to Tenant for approval. If Tenant fails to provide a written explanation as and when required by this Paragraph, such failure shall constitute a Tenant Delay and the Commencement Date shall be accelerated one day for each day of such Tenant Delay. Within five (5) days after the Tenant Improvement Plans are so approved by Tenant, the Tenant Improvement Plans shall be submitted to the appropriate governmental body by Landlord for plan checking and the issuance of a building permit. Landlord reserves the right to disapprove any proposed Tenant Improvements which Landlord reasonably believes will adversely affect the Building or any Building systems. Landlord, with Tenant’s cooperation, shall cause to be made to the Tenant Improvement Plans any changes necessary to obtain the building permit and to comply with the requirements of the Police and Fire Departments of the City of Long Beach. Concurrently with the plan checking, Landlord shall have prepared a final pricing for Tenant’s approval in accordance with the Work Schedule, taking into account any modifications which may be required to reflect changes in the Tenant Improvement Plans required by the City of Long Beach or other agencies. Landlord shall have the option to increase or decrease the final pricing, before or after Tenant approves the final pricing, to reflect changes in the cost of performing the Tenant Improvements caused by plan modifications required by the City of Long Beach or other agencies. After final approval of the Tenant Improvement Plans no further changes may be made thereto without the prior written approval from both Landlord and Tenant, and then only after agreement by Tenant to pay any excess costs resulting from the design or construction of such changes. Tenant acknowledges that any such changes shall be subject to the terms of Paragraph 8 below.

FINAL PRICING AND DRAWING SCHEDULE. After preparation by Landlord’s architect or space planner, the Tenant Improvement Plans shall be submitted to Tenant for approval, which shall not be unreasonably withheld. If Tenant fails to deliver to Landlord Tenant’s written disapproval of the Tenant Improvement Plans, or any revised Tenant Improvement Plans, within five (5) days after the date the Tenant Improvement Plans, or any revised Tenant Improvement Plans, are received by Tenant, such failure shall constitute a Tenant Delay and the Commencement Date shall be accelerated one day for each day of such Tenant Delay. If the Tenant Improvement Plans, or any revised Tenant Improvement Plans, are timely disapproved by Tenant pursuant to this Paragraph, Tenant shall provide to Landlord a written explanation of the reason(s) for such disapproval concurrently with that disapproval, and the Tenant Improvement Plans shall be revised and resubmitted to Tenant for approval. If Tenant fails to provide a written explanation as and when required by this Paragraph, such failure shall constitute a Tenant Delay and the Commencement Date shall be accelerated one day for each day of such Tenant Delay. Within five (5) days after the Tenant Improvement Plans are so approved by Tenant, the Tenant Improvement Plans shall be submitted to the appropriate governmental body by Landlord for plan checking and the issuance of a building permit. Landlord reserves the right to disapprove any proposed Tenant Improvements which Landlord reasonably believes will adversely affect the Building or any Building systems. Landlord, with Tenant’s cooperation, shall cause to be made to the Tenant Improvement Plans any changes necessary to obtain the building permit and to comply with the requirements of the Police and Fire Departments of the City of Long Beach. Concurrently with the plan checking, Landlord shall have prepared a final pricing for Tenant’s approval in In accordance with the Work Schedule, taking into account any modifications Landlord shall obtain bids for construction of the Area Two Improvements from a minimum of three (3) mutually acceptable general contractors and/or subcontractors (the "Approved Contractors"). Tenant shall have the right to review all bid documents and to be present when the bids are received. Unless Landlord and Tenant shall mutually agree to the contrary, the Approved Contractor which submitted the lowest qualified bid shall be deemed to be the selected "Contractor". Notwithstanding the above, upon mutual agreement, Landlord and Tenant may elect to construct the Area Two Improvements through a "fast-track" approach, in lieu of a "hard bid" approach. In this approach, the Contractor will be selected through the solicitation of fee proposals from the Approved Contractors. Except as hereinafter provided, the Contractor shall be required to reflect changes in obtain competitive bids from a minimum of three (3) mutually acceptable subcontractors for each of the principal portions of construction of the Area Two Improvements including those who furnish materials or equipment fabricated to a special design. Unless Landlord and Tenant shall mutually agree to the contrary, the subcontractor which submits the lowest qualified bid shall be deemed to be the selected subcontractor. The roofing subcontractor shall be Greater Dallas Roofing and the subcontractor for exterior glass shall be Guardian Glass. Various components of the Area Two Improvements may be issued to the Contractor for construction separately (e.g. drywall, mechanical/electrical systems, finishes). The construction contract shall provide (i) that the Tenant Improvement Plans required by the City of Long Beach or other agencies. Landlord shall have the option to increase or decrease the final pricingand The Staubach Company be named as additional insureds, before or after Tenant approves the final pricing(ii) a one year warranty period, to reflect changes in the cost of performing the Tenant Improvements caused by plan modifications required by the City of Long Beach or other agencies(iii) identify Contractor's overhead and profit for Change Orders, and (iv) that all equipment installed is Year 2000 compliant. After final approval of the Tenant Improvement Plans Area Two Plans, no further changes may be made thereto without the prior written approval from both Landlord (which shall not be unreasonably withheld) and Tenant, and then only after agreement by Tenant to pay any excess costs resulting from the design or and/or construction of such changes. Tenant hereby acknowledges that any such changes shall be subject to the terms of Paragraph 8 below.

FINAL PRICING AND DRAWING SCHEDULE. After preparation by Landlord’s 's architect or space planner, the Tenant Improvement Plans shall be submitted to Tenant for approval, which shall not be unreasonably withheld. If Tenant fails to deliver to Landlord Tenant’s 's written disapproval of the Tenant Improvement Plans, or any revised Tenant Improvement Plans, within five (5) days after the date the Tenant Improvement Plans, or any revised Tenant Improvement Plans, are received by Tenant, such failure shall constitute a Tenant Delay and the Commencement Date shall be accelerated one day for each day of such Tenant Delay. If the Tenant Improvement Plans, or any revised Tenant Improvement Plans, are timely disapproved by Tenant pursuant to this Paragraph, Tenant shall provide to Landlord a written explanation of the reason(s) for such disapproval concurrently with that the disapproval, and the Tenant Improvement Plans shall be revised and resubmitted to Tenant for approval. If Tenant fails to provide a written explanation as and when required by this Paragraph, such failure shall constitute a Tenant Delay and the Commencement Date shall be accelerated one day for each day of such Tenant Delay. Within five (5) days after the Tenant Improvement Plans are so approved by Tenant, the Tenant Improvement Plans shall be submitted to the appropriate governmental body by Landlord for plan checking and the issuance of a building permit. Landlord reserves the right to disapprove any proposed Tenant Improvements which Landlord reasonably reasonable believes will adversely affect the Building or any Building systems. Landlord, with Tenant’s 's cooperation, shall cause to be made to the Tenant Improvement Plans any changes necessary to obtain the building permit and to comply with the requirements of the Police and Fire Departments of the City of Long Beach. Concurrently with the plan checking, Landlord shall have prepared a final pricing for Tenant’s 's approval in accordance with the Work Schedule, taking into account any modifications which may be required to reflect changes in the Tenant Improvement Plans required by the City of Long Beach or other agencies. Landlord shall have the option to increase or decrease the final pricing, before or after Tenant approves the final pricing, to reflect changes in the cost of performing the Tenant Improvements caused by plan modifications required by the City of Long Beach or other agencies. After final approval of the Tenant Improvement Plans no further changes may be made thereto without the prior written approval from both Landlord and Tenant, and then only after agreement by Tenant to pay any excess costs resulting from the design or construction of such changes. Tenant acknowledges that any such changes shall be subject to the terms of Paragraph 8 below.

FINAL PRICING AND DRAWING SCHEDULE. After the preparation by Landlord’s architect or space planner, the Tenant Improvement Plans shall be submitted to Tenant for approval, which shall not be unreasonably withheld. If Tenant fails to deliver to Landlord Tenant’s written disapproval of the Tenant Improvement PlansWorking Drawings and specifications and after Tenant's written approval thereof, or any revised Tenant Improvement Plans, within five (5) days after in accordance with the date the Tenant Improvement Plans, or any revised Tenant Improvement Plans, are received by TenantWork Schedule, such failure drawings shall constitute a Tenant Delay and the Commencement Date shall be accelerated one day for each day of such Tenant Delay. If the Tenant Improvement Plans, or any revised Tenant Improvement Plans, are timely disapproved by Tenant pursuant to this Paragraph, Tenant shall provide to Landlord a written explanation of the reason(s) for such disapproval concurrently with that disapproval, and the Tenant Improvement Plans shall be revised and resubmitted to Tenant for approval. If Tenant fails to provide a written explanation as and when required by this Paragraph, such failure shall constitute a Tenant Delay and the Commencement Date shall be accelerated one day for each day of such Tenant Delay. Within five (5) days after the Tenant Improvement Plans are so approved by Tenant, the Tenant Improvement Plans shall thereafter be submitted to the appropriate governmental government body by Landlord Landlord's architect for plan checking and the issuance of a building permit. Landlord reserves the right to disapprove any proposed Tenant Improvements which Landlord reasonably believes will adversely affect the Building or any Building systems. Landlord, with Tenant’s 's cooperation, shall cause to be made to the Tenant Improvement Plans any changes in the plans and specifications necessary to obtain the building permit and to comply with the requirements of the Police and Fire Departments of the City of Long Beachpermit. Concurrently Concurrent with the plan checking, Landlord shall have prepared a final pricing for Tenant’s approval 's approval, in accordance with the Work Schedule, taking into account any modifications modification which may be required to reflect changes in the Tenant Improvement Plans plans and specifications required by the City of Long Beach County in which the Premises are located. All Tenant Improvements to be constructed or other agenciesinstalled in the Premises shall be performed by Landlord's designated general contractor in accordance with the Approved Plans. No work shall commence until the Approved Plans are filed with the governmental agencies having jurisdiction thereof and all required building permits have been obtained. Landlord shall have not obligation to Tenant for defects in design, workmanship or materials, but shall use its reasonable best efforts to enforce the option contractor's obligations therefor. Any changes to increase the construction work may be made only upon written request by Tenant approved in writing by Landlord, or decrease as may be required by any governmental agency, or as may be required due to structural or unanticipated field conditions, in each instance evidenced by a written change order describing the final pricing, before or after change. In the event Tenant approves desires any work in addition to the final pricing, to reflect changes in the cost of performing Base Building Improvements and the Tenant Improvements caused by plan modifications required by in accordance with the City of Long Beach or other agencies. After final approval of Approved Plans to be performed in the Premises (the "Additional Tenant Improvement Plans no further changes may be made thereto without the prior written approval from both Landlord and Work"), Tenant, at Tenant's expense, shall cause plans and then only after agreement specifications for such work to be prepared by arranging therefor with Landlord's architect and pay for time and monies extended by Landlord's construction manager to review and approve such additional Tenant to pay any excess costs resulting from the design or construction of such changeswork. All plans and specifications for Additional Tenant acknowledges that any such changes Work shall be subject to review and approval by Landlord to insure, among other things, that the terms work is comparable with all other construction and all electrical and mechanical systems within the Building. Upon such written request, and approval of Paragraph 8 belowsame by Landlord, Landlord shall submit to Tenant, for approval, a field order describing the change, cost proposal and Tenant Improvement Construction Schedule Adjustment. Tenant shall approve the change order, in writing, within two (2) business days following receipt thereof, and together with said approval shall pay Landlord the cost of such agreed upon change. Landlord may refuse to make any changes until Tenant so approves in writing the description thereof, the cost proposal and the Tenant Improvement Construction Schedule Adjustment, and until Tenant makes such payment. In the event Tenant fails to approve same within the two (2) business day period, then Landlord may elect (i) to agree to the foregoing on Tenant's behalf, Tenant to promptly pay the required amounts to Landlord; (ii) to withdraw the change request on Tenant's behalf; or (iii) to proceed with the Tenant Improvements, delaying any portion as reasonably necessary to accommodate the change request. Any time consumed for changes to the Tenant Improvements, or delays pursuant to clause (iii) above, shall be considered a Tenant Delay and shall not delay the Commencement Date of the Lease. Tenant shall not engage its own contractor or subcontractor to perform any Tenant Improvement construction. Tenant shall engage its own Landlord approved security and telephone company. Tenant's telephone company must coordinate all work through the Landlord's telephone vendor responsible for the main telephone rise and cables.

FINAL PRICING AND DRAWING SCHEDULE. After preparation by Landlord’s architect or space plannerIn accordance with the Work Schedule Landlord shall obtain bids for construction of the Area Two Improvements from a minimum of three (3) mutually acceptable general contractors and/or subcontractors (the "Approved Contractors"). Tenant shall have the right to review all bid documents and to be present when the bids are received. Unless Landlord and Tenant shall mutually agree to 41 the contrary, the Tenant Improvement Plans Approved Contractor which submitted the lowest qualified bid shall be submitted deemed to be the selected "Contractor". Notwithstanding the above, upon mutual agreement, Landlord and Tenant for approvalmay elect to construct the Area Two Improvements through a "fast track" approach in lieu of a "hard bid" approach. In this approach, which shall not the Contractor will be unreasonably withheldselected through the solicitation of fee proposals from the Approved Contractors. If Tenant fails Prior to deliver to Landlord Tenant’s written disapproval commencement of construction of the Tenant Improvement Plans, or any revised Tenant Improvement Plans, within five (5) days after the date the Tenant Improvement Plans, or any revised Tenant Improvement Plans, are received by Tenant, such failure shall constitute a Tenant Delay and the Commencement Date shall be accelerated one day for each day of such Tenant Delay. If the Tenant Improvement Plans, or any revised Tenant Improvement Plans, are timely disapproved by Tenant pursuant to this ParagraphArea Two Improvements, Tenant shall provide to Landlord a written explanation engage the Contractor for the performance of the reason(s) for such disapproval concurrently with that disapproval, and the Tenant Improvement Plans shall be revised and resubmitted to Tenant for approval. If Tenant fails to provide a written explanation as and when required by this Paragraph, such failure shall constitute a Tenant Delay and the Commencement Date shall be accelerated one day for each day of such Tenant Delay. Within five (5) days after the Tenant Improvement Plans are so approved by Tenant, the Tenant Improvement Plans shall be submitted to the appropriate governmental body by Landlord for plan checking and the issuance of a building permit. Landlord reserves the right to disapprove any proposed Tenant Area Two Improvements which Landlord reasonably believes will adversely affect the Building or any Building systems. Landlord, with Tenant’s cooperation, shall cause to be made to the Tenant Improvement Plans any changes necessary to obtain the building permit and to comply with the requirements of the Police and Fire Departments of the City of Long Beach. Concurrently with the plan checking, Landlord shall have prepared a final pricing for Tenant’s approval in accordance with the Work ScheduleArea Two Plans; the contract form for construction of the Area Two Improvements will be an AIA Document A111, taking into account any modifications or a similar document, which may meets with Contractor's, Tenant's and Landlord's approval. Except as hereinafter provided, the Contractor shall be required to reflect changes in obtain competitive bids from a minimum of three (3) mutually acceptable subcontractors for each of the principal portions of construction of the Area Two Improvements including those who furnish materials or equipment fabricated to a special design. Unless Landlord and Tenant shall mutually agree to the contrary, the subcontractor which submits the lowest qualified bid shall be deemed to be the selected subcontractor. The roofing subcontractor shall be Greater Dallas Roofing and the subcontractor for exterior glass shall be Guardian Glass. Various components of the Area Two Improvements may be issued to the Contractor for construction separately (e.g. drywall, mechanical/electrical systems, finishes). The construction contract shall provide (i) that the Tenant Improvement Plans required by the City of Long Beach or other agencies. Landlord shall have the option to increase or decrease the final pricingand The Staubach Company be named as additional insureds, before or after Tenant approves the final pricing(ii) a one year warranty period, to reflect changes in the cost of performing the Tenant Improvements caused by plan modifications required by the City of Long Beach or other agencies(iii) identify Contractor's overhead and profit for Change Orders, and (iv) that all equipment installed is Year 2000 compliant. After final approval of the Tenant Improvement Plans Area Two Plans, no further changes may be made thereto without the prior written approval from both Landlord (which shall not be unreasonably withheld) and Tenant, and then only after agreement by Tenant to pay any excess costs resulting from the design or and/or construction of such changes. Tenant hereby acknowledges that any such changes shall be subject to the terms of Paragraph 8 below.

FINAL PRICING AND DRAWING SCHEDULE. After preparation Following approval of the Space Plan, ---------------------------------- Landlord shall cause the Architect to prepare and submit to Tenant final working drawings and specifications (the "Tenant Improvement Plans"). Upon completion of the Tenant Improvement plans and their approval by Landlord’s , the architect or space planner, shall submit the Tenant Improvement Plans shall be submitted to Tenant for its review and approval, which . Tenant shall not have seven (7) days following submission of the Tenant Improvement Plans to object to the same provided Tenant shall object to the Tenant Improvement Plans only to the extent they are inconsistent with the Space Plan approved in accordance with Paragraph 2 above. Any objection made by Tenant to the Tenant Improvements Plans shall be unreasonably withheldin writing and submitted to the Architect with a copy to Landlord. If Tenant fails to deliver to Landlord Tenant’s written disapproval After approval of the Tenant Improvement Plans, or any revised Tenant Improvement Plans, within five (5) days after the date the Tenant Improvement Plans, or any revised Tenant Improvement Plans, are received by Tenant, such failure they shall constitute a Tenant Delay and the Commencement Date shall be accelerated one day for each day of such Tenant Delay. If the Tenant Improvement Plans, or any revised Tenant Improvement Plans, are timely disapproved by Tenant pursuant to this Paragraph, Tenant shall provide to Landlord a written explanation of the reason(s) for such disapproval concurrently with that disapproval, and the Tenant Improvement Plans shall be revised and resubmitted to Tenant for approval. If Tenant fails to provide a written explanation as and when required by this Paragraph, such failure shall constitute a Tenant Delay and the Commencement Date shall be accelerated one day for each day of such Tenant Delay. Within five (5) days after the Tenant Improvement Plans are so approved by Tenant, the Tenant Improvement Plans shall thereafter be submitted to the appropriate governmental body or bodies for plan checking, a building permit and any other governmental approval required by Landlord for law. Concurrent with the plan checking and the issuance of a building permit. Landlord reserves the right to disapprove any proposed Tenant Improvements which Landlord reasonably believes will adversely affect the Building or any Building systems. Landlord, with Tenant’s cooperation, shall cause to be made to the Tenant Improvement Plans any changes necessary to obtain the building permit and to comply with the requirements of the Police and Fire Departments of the City of Long Beach. Concurrently with the plan checkinggovernmental approval process, Landlord shall have prepared prepare a final pricing budget for Tenant’s approval in accordance with the Work Schedule's approval, taking into account excepting any modifications which may be required to reflect changes in the Tenant Improvement Plans required in order to obtain a building permit or any other required governmental approval. This budget shall reflect all costs incurred by Landlord in constructing furnishing or installing the Tenant Improvements, such costs to include the following (by the City way of Long Beach illustration only): (i) All costs of interior design and completion of plans, drawings and specifications or the Tenant Improvements, including working and as-built drawings; (ii) All costs of obtaining building permits and other required approvals from any governmental entity or regulatory authority having jurisdiction, including legal costs; (iii) All fees payable to the Architect and to any other architect, engineer or other agencies. consultant retaining by Landlord shall have to assist in the option design, construction or installation of the Tenant Improvements or the obtaining of building permits or other approvals in connection therewith; (iv) All cost of materials, equipment, furnishings or fixtures necessary to increase or decrease complete the final pricingTenant Improvements in accordance with the Tenant Improvement Plans; and (v) All labor and insurance costs, before or after Tenant approves the final pricing, to reflect changes in and a construction fee for overhead and profit and the cost of performing all on-site supervisory and administrative staff, office, equipment and temporary services rendered by Landlord's contractor or contractors in connection with construction of the Tenant Improvements caused (including any fees charged by plan modifications required by the City of Long Beach or other agenciesLandlord for Supervision). After final approval of the Tenant Improvement Plans Plans, no further changes to the Tenant Improvement Plans may be made thereto without the prior written approval from both Landlord and Tenantof Landlord, and then only after agreement by Tenant to pay any excess costs resulting from the design or construction of such changes. Tenant acknowledges that any such changes shall be subject to the terms of Paragraph 8 below.

FINAL PRICING AND DRAWING SCHEDULE. After preparation by Landlord’s architect or space planner, the Tenant Improvement Plans shall be submitted to Tenant for approval, which shall not be unreasonably withheld. If Tenant fails to deliver to Landlord Tenant’s written disapproval of the Tenant Improvement Plans, or any revised Tenant Improvement Plans, within five (5) days after the date the Tenant Improvement Plans, or any revised Tenant Improvement Plans, are received by Tenant, such failure shall constitute a Tenant Delay and the Commencement Date shall be accelerated one day for each day of such Tenant Delay. If the Tenant Improvement Plans, or any revised Tenant Improvement Plans, are timely disapproved by Tenant pursuant to this Paragraph, Tenant shall provide to Landlord a written explanation of the reason(s) for such disapproval concurrently with that disapproval, and the Tenant Improvement Plans shall be revised and resubmitted to Tenant for approval. If Tenant fails to provide a written explanation as and when required by this Paragraph, such failure shall constitute a Tenant Delay and the Commencement Date shall be accelerated one day for each day of such Tenant Delay. Within five (5) days after the Tenant Improvement Plans are so approved by Tenant, the Tenant Improvement Plans shall be submitted to the appropriate governmental body by Landlord for plan checking and the issuance of a building permit. Landlord reserves the right to disapprove any proposed Tenant Improvements which Landlord reasonably believes will adversely affect the Building or any Building systems. Landlord, with Tenant’s cooperation, shall cause to be made to the Tenant Improvement Plans any changes necessary to obtain the building permit and to comply with the requirements of the Police and Fire Departments of the City of Long Beach. Concurrently with the plan checking, Landlord shall have prepared a final pricing for Tenant’s approval in In accordance with the Work Schedule, taking into account any modifications Landlord shall obtain bids for construction of the Area One Improvements from a minimum of three (3) mutually acceptable general contractors and/or subcontractors (the "Approved Contractors"). Tenant shall have the right to review all bid documents and to be present when the bids are received. Unless Landlord and Tenant shall mutually agree to the contrary, the Approved Contractor which submitted the lowest qualified bid shall be deemed to be the selected "Contractor". Notwithstanding the above, upon mutual agreement, Landlord and Tenant may elect to construct the Area One Improvements through a "fast-track" approach, in lieu of a "hard bid" approach. In this approach, the Contractor will be selected through the solicitation of fee proposals from the Approved Contractors. Except as hereinafter provided, the Contractor shall be required to reflect changes in obtain competitive bids from a minimum of three (3) mutually acceptable subcontractors for each of the principal portions of construction of the Area One Improvements including those who furnish materials or equipment fabricated to a special design. Unless Landlord and Tenant shall mutually agree to the contrary, the subcontractor which submits the lowest qualified bid shall be deemed to be the selected subcontractor. The roofing subcontractor shall be Greater Dallas Roofing and the subcontractor for exterior glass shall be Guardian Glass. Various components of the Area One Improvements may be issued to the Contractor for construction separately (e.g. drywall, mechanical/electrical systems, finishes). The construction contract shall provide (i) that the Tenant Improvement Plans required by the City of Long Beach or other agencies. Landlord shall have the option to increase or decrease the final pricingand The Staubach Company be named as additional insureds, before or after Tenant approves the final pricing(ii) a one year warranty period, to reflect changes in the cost of performing the Tenant Improvements caused by plan modifications required by the City of Long Beach or other agencies(iii) identify Contractor's overhead and profit for Change Orders, and (iv) that all equipment installed is Year 2000 compliant. After final approval of the Tenant Improvement Plans Area One Plans, no further changes may be made thereto without the prior written approval from both Landlord (which shall not be unreasonably withheld) and Tenant, and then only after agreement by Tenant to pay any excess costs resulting from the design or and/or construction of such changes. Tenant hereby acknowledges that any such changes shall be subject to the terms of Paragraph 8 below.