Common use of General Contractor Clause in Contracts

General Contractor. (i) Landlord shall hire and enter into a fee and general conditions on a full and complete open book basis contract with an Approved General Contractor (each such contract, the “Approved GC Contract”) for the Lobby Renovations Work and the Amenity Space Renovations Work pursuant to the applicable Plans. The terms and conditions of Approved GC Contract for the Lobby Renovations Work and the Amenity Space Renovations Work shall be subject to the approval of Tenant, not to be unreasonably withheld, conditioned or delayed. Such Approved General Contractor shall solicit bids under open book pricing from at least three (3) subcontractors with respect to major items of the Lobby Renovations Work and the Amenity Space Renovations Work for all trades, including but not limited to mechanical, engineering and plumbing contractors, drywall contractors, painting contractors and carpet contractors; Landlord and Tenant shall be entitled to submit names of qualified subcontractors to include in the bidding process. All subcontractor bids shall be shared with Landlord and Tenant during the bid process and each of Landlord and Tenant may provide input on the selection of such subcontractors and necessary value engineering (provided that KGO shall act as Tenant’s and Landlord’s point of contact with respect to all such matters). Approved General Contractor shall not be required to purchase building stocked materials or use building standard materials. Any existing materials that Tenant reuses (e.g., lights, doors, frames, hardware, etc.) shall be at no cost to Tenant and shall not be deducted from the applicable Tenant Improvement Allowance. Tenant shall promptly review and approve the dispersal of funds to Approved General Contractor prior to any payment being made. (ii) Tenant shall hire an Approved General Contractor for the construction and outfitting of Tenant’s Work and an Approved Architect for the development of Plans for Tenant’s Work and the supervision of such Approved General Contractor, each pursuant to a separate contracts to be negotiated by Tenant.

General Contractor. Landlord and Tenant shall each designate three (i3) reputable general contractors who shall submit bids for the construction of said building, appurtenances and other improvements to be located upon the subject property. Each bid must include separate allocation for the cost of construction Tenant's promises to the extend required in Section 3 of this Article, as well as the overall cost of construction of the building, appurtenances and other Improvements. Landlord shall hire award the construction contract to the contractor Landlord, in Landlord's sole discretion, deems to be the most qualified of the contractors submitting bids; provided that In the event the bid selected by Landlord or all of the bids submitted provide for construction costs of the premises in excess of Landlord's maximum contribution, as previously defined, then Tenant may require rebidding. If rebidding does not lower the contract price, then Tenant will contribute its pro-rata share of the costs in excess of Landlord's maximum contribution. In this event Tenant shall immediately deposit funds equal to such excess cost in a bank trustee account to be disbursed by Landlord's construction lender in accordance with the loan disbursement control provisions of the constriction loan. After approval of the cost of construction by Landlord and enter into Tenant, Landlord shall promptly execute a fee and general conditions on a full and complete open book basis construction contract with an Approved General Contractor (each a general contractor covering such construction. Tenant shall have the right to approve the construction contract, which approval shall not be unreasonable withheld. In the “Approved GC Contract”event the building is not completed by the contractor on schedule, Tenant shall receive a proportionate share (21.8%) for of the Lobby Renovations Work penalty clause. In the event the. building is completed by the contractor prior to its scheduled completion date, Tenant shall contribute its proportionate share (21.8%) to the contractor's bonus as set forth in the bonus clause of the construction contract. Notwithstanding anything to the contrary contained herein, Landlord shall have the option to act as general contractor or the construction of the building, appurtenances and other improvements on the Amenity Space Renovations Work subject property; provided, however, that the cost of construction of the premises pursuant to Section 3 of this Article shall not exceed the applicable Plans. The terms and conditions of Approved GC Contract for Landlord's maximum contribution as therein defined without the Lobby Renovations Work and the Amenity Space Renovations Work shall be subject to the prior written approval of Tenant, not in which event the excess amount shall be placed in a bank trustee account to be unreasonably withheld, conditioned or delayed. Such Approved General Contractor shall solicit bids under open book pricing from at least three (3) subcontractors disbursed by Landlord's construction lender in accordance with respect to major items the loan disbursement control provisions of the Lobby Renovations Work and construction loan Landlord shall select the Amenity Space Renovations Work for all trades, including but not limited to mechanical, engineering and plumbing contractors, drywall contractors, painting contractors and carpet contractors; Landlord and Tenant shall be entitled to submit names of qualified subcontractors to include in the bidding process. All subcontractor bids shall be shared with Landlord and Tenant during the bid process and each of Landlord and Tenant may provide input on the selection of such subcontractors and necessary value engineering (provided that KGO shall act as Tenant’s and Landlord’s point of contact with respect to all such matters). Approved General Contractor shall not be required to purchase building stocked materials or use building standard materials. Any existing materials that Tenant reuses (e.g., lights, doors, frames, hardware, etcproject architect.) shall be at no cost to Tenant and shall not be deducted from the applicable Tenant Improvement Allowance. Tenant shall promptly review and approve the dispersal of funds to Approved General Contractor prior to any payment being made. (ii) Tenant shall hire an Approved General Contractor for the construction and outfitting of Tenant’s Work and an Approved Architect for the development of Plans for Tenant’s Work and the supervision of such Approved General Contractor, each pursuant to a separate contracts to be negotiated by Tenant.

General Contractor. (i) Landlord shall hire and enter into a fee and general conditions on a full and complete open book basis contract with an Approved General Contractor (each such contractThe Tenant is hereby granted the right to utilize contractors of Tenant's own choice to build out the 4th Floor Premises, the “Approved GC Contract”) for the Lobby Renovations Work and the Amenity Space Renovations Work pursuant subject to Landlord's reasonable approval as to the applicable Plansqualifications of such contractor. Only qualified contractors shall be permitted to bid on the Work. The terms contractor chosen by the Tenant as the successful bidder is hereinafter referred to as "Tenant's Contractor". The Tenant, before commencing any work on or to the 4th Floor Premises, shall submit Tenant's Plans and written contracts for such work by Tenant's Contractor to Landlord for approval. The Landlord may impose such reasonable conditions of Approved GC Contract for the Lobby Renovations Work as Landlord, in its reasonable judgment, deems appropriate, including, without limitation, conditions which will assure Landlord that all work will be performed lien-free (including performance and the Amenity Space Renovations Work payment bonds) and with proper insurance coverage. All installations, alterations and additions shall be subject to the approval constructed in a good and workmanlike manner and only new and good grades of Tenant, not to material shall be unreasonably withheld, conditioned or delayedused. Such Approved General work performed by Tenant's Contractor shall solicit bids under open book pricing from at least three (3) subcontractors comply with respect to major items all insurance requirements and all other ordinances and regulations of the Lobby Renovations Work City of Chicago or any department or agency thereof and with the Amenity Space Renovations Work for requirements of all trades, including but not limited to mechanical, engineering statutes and plumbing contractors, drywall contractors, painting contractors and carpet contractors; Landlord and Tenant shall be entitled to submit names regulations of qualified subcontractors to include in the bidding process. All subcontractor bids shall be shared with Landlord and Tenant during the bid process and each State of Landlord and Tenant may provide input on the selection of such subcontractors and necessary value engineering (provided that KGO shall act as Tenant’s and Landlord’s point of contact with respect to all such matters). Approved General Contractor shall not be required to purchase building stocked materials Illinois or use building standard materials. Any existing materials that Tenant reuses (e.g., lights, doors, frames, hardware, etc.) shall be at no cost to Tenant and shall not be deducted from the applicable Tenant Improvement Allowanceany department or agency thereof. Tenant shall promptly review permit Landlord (or an architect designated by Landlord) to supervise all construction operations within the 4th Floor Premises performed by Tenant's Contractor. Tenant shall pay to the Landlord the cost of any materials purchased from Landlord at Landlord's actual invoice cost for said items, the reasonable and approve actual cost incurred by Landlord in supervising the dispersal construction (which shall not exceed an amount equal to one and one-half (1 1/2%) percent of funds the cost of construction) and all hoisting charges (the "Reimbursables"). Such supervision by the Landlord of the Tenant's Contractor shall be solely and only for the benefit of the Landlord. No silence or statement by the Landlord's supervisor shall be deemed or construed as an assumption by said supervisor or Landlord of any responsibility for or in relation to Approved General Contractor the construction of the 4th Floor Premises or any guarantee that the work completed within the 4th Floor Premises complies with Laws, complies with Tenant's Plans, or is suitable or acceptable to the Tenant for Tenant's intended business purposes. If the Tenant elects to build out the 4th Floor Premises with Tenant's Contractor, Tenant shall furnish to Landlord prior to commencement thereof building permits and certificates of appropriate insurance and bonds and upon completion of any payment being made. (ii) installations, alterations or additions, contractor's affidavits and full and final waivers of lien covering all labor and material expended and used in constructing the 4th Floor Premises. Tenant shall hire an Approved General Contractor for the hold Landlord harmless and indemnify Landlord from all claims and costs, damages, liens and expenses which may arise out of or are connected in any way with said construction and outfitting of Tenant’s Work and an Approved Architect for the development of Plans for Tenant’s Work and the supervision of such Approved General Contractor, each pursuant to a separate contracts to be negotiated by Tenant's Contractor.

General Contractor. (i) Landlord shall hire and enter into a fee and general conditions on a full and complete open book basis contract with an Approved General Contractor (each such contract, the “Approved GC Contract”) for the Lobby Renovations The Building N2 Work and the Amenity Space Renovations Work pursuant to the applicable Plans. The terms and conditions of Approved GC Contract for the Lobby Renovations Work and the Amenity Space Renovations Building N3 Work shall be subject to the approval performed by a general contractor mutually approved of by Landlord and Tenant, such approval not to be unreasonably withheld, conditioned or delayed (each such contractor, the “General Contractor”), and shall be supervised by the Landlord subject to the terms hereof. Landlord agrees to have the Building N2 Work competitively bid by several general contractors approved in advance by the Tenant which approval shall not be unreasonably withheld or delayed. Such Approved General Contractor shall solicit bids under open book pricing from at least three (3) subcontractors with respect to major items of the Lobby Renovations Work , and the Amenity Space Renovations Work for all trades, including but not limited to mechanical, engineering and plumbing contractors, drywall contractors, painting contractors and carpet contractors; Landlord and Tenant shall select the General Contractor from among such general contractors plus two (2) general contractors to be entitled selected by Tenant. Landlord shall provide a list of such potential general contractors to Tenant within ten (10) days of the date hereof, Tenant shall inform Landlord of the general contractors approved to bid within five (5) days of receiving such list, Landlord shall exercise diligent efforts to cause such approved general contractors to submit names bids for the Building N2 Work within fifteen (15) days of qualified subcontractors to include in the bidding process. All subcontractor bids shall be shared with receiving such list, and Landlord and Tenant during shall select the bid process and each of Landlord and Tenant may provide input on the selection of such subcontractors and necessary value engineering (provided that KGO shall act as Tenant’s and Landlord’s point of contact with respect to all such matters). Approved General Contractor within five (5) days of receiving bids from such contractors. Landlord shall not be required to purchase building stocked materials or use building standard materials. Any existing materials that Tenant reuses (e.g., lights, doors, frames, hardware, etc.) shall be at no cost to Tenant and shall not be deducted from contract with the applicable Tenant Improvement Allowance. Tenant shall promptly review and approve the dispersal of funds to Approved General Contractor prior to any payment being made. (ii) Tenant shall hire an Approved General Contractor for the Building N2 Work, which contract shall be subject to Tenant’s approval, not to be unreasonably withheld or delayed. Landlord hereby agrees to exercise diligent efforts to cause an industry standard provision imposing construction performance penalties if certain benchmarks are not met to be included in the contract of the General Contractor. Landlord and outfitting Tenant agree to a full “open book bid process” in which Tenant will have the right to review the selections, negotiation and contracts for all materials, subcontractors and vendors. Landlord also hereby agrees to have the General Contractor competitively bid all significant subcontractors (all contracts in excess of $10,000) to a minimum of three subcontractors, or fewer if market forces dictate a lower number than three. Landlord and Tenant shall select a new General Contractor for the Building N3 Work pursuant to a process complying with the terms of this Section 2.8(b). If Landlord and Tenant agree, the General Contractor used for the Building N2 Work may bid and be used for the Building N3 Work. Tenant may inspect Landlord’s N2 and N3 Work and Tenant’s N2 and N3 Work at reasonable times after giving prior notice thereof to Landlord and will promptly give written notice to the Landlord and to the General Contractor of observed defects in materials or workmanship. Landlord will correct such defects as promptly as practicable. The Tenant may monitor the progress of Landlord’s Work and Tenant’s Work, including, without limitation, having its own project manager on site and attending weekly job meetings, and entering the Premises with Landlord or Landlord’s representative to review and/or inspect Landlord’s Work or Tenant’s Work and an Approved Architect for the development of Plans for Tenant’s Work and the supervision of provided such Approved General Contractor, each pursuant to a separate contracts to be negotiated by Tenantrepresentative is generally available upon short but reasonable notice.

General Contractor. (i) Landlord shall hire i. Tenant approves of the proposed general contractors listed on Schedule for the construction of Landlord’s Work, each of which is licensed, bondable and enter into a fee experienced in the development and general conditions on a full and complete open book basis contract with an Approved General Contractor (each such contractconstruction of improvements substantially similar to those contemplated by the Base Building Specifications; however, the “Approved GC Contract”) for the Lobby Renovations Work and the Amenity Space Renovations Work pursuant to the applicable Plans. The terms and conditions of Approved GC Contract for the Lobby Renovations Work and the Amenity Space Renovations Work shall be subject to the approval of Tenant, not to be unreasonably withheld, conditioned or delayed. Such Approved General Contractor shall solicit bids under open book pricing from at least three (3) subcontractors with respect to major items of the Lobby Renovations Work and the Amenity Space Renovations Work for all trades, including but not limited to mechanical, engineering and plumbing contractors, drywall contractors, painting contractors and carpet contractors; Landlord and Tenant shall be entitled to submit names of qualified subcontractors to include in the bidding process. All subcontractor bids shall be shared with Landlord and Tenant during the bid process and each of Landlord and Tenant may provide input on the selection of such subcontractors and necessary value engineering (provided that KGO shall act as Tenant’s and Landlord’s point of contact with respect to all such matters). Approved General Contractor shall selected general contractor will not be required to purchase building stocked materials or use building standard materialsprovide a bond. Any existing materials that Landlord will not send out any “bid package” to any of the proposed general contractors, without first obtaining Tenant’s approval, which approval Tenant reuses (e.g., lights, doors, frames, hardware, etc.) shall be at no cost to Tenant and shall will not be deducted from the applicable Tenant Improvement Allowanceunreasonably withhold, condition or delay. Tenant shall promptly review provide Landlord with written approval (or rejection) of the bid package within 5 Business Days of receipt of Landlord’s request. ii. In accordance with the Project Schedule, Landlord will solicit “guaranteed maximum price” bids for completion of Landlord’s Work from each of the proposed general contractors. Landlord will consult with Tenant on the bidding process and approve provide Tenant with reasonable notice of the dispersal time, date and place of funds to Approved General Contractor prior the opening of the bids, and Tenant may be present at the opening and inspection of each bid submitted on an “open book” basis. Landlord will not provide any bids or information about any bids to any payment being made. (ii) of the other bidders or to any other third parties except in accordance with the Lease. Landlord and Xxxxxx will reasonably cooperate in good faith to agree on the winning bid. In picking the winning bid, Landlord and Tenant shall hire an Approved General Contractor for will consider all relevant factors, including bid price, qualification, schedule/timing and reputation. Notwithstanding the construction foregoing, Xxxxxx acknowledges and outfitting of Tenantagree that at Landlord’s Work and an Approved Architect for election, Landlord may bid the development of Plans for Tenant’s Work and the supervision of such Approved General Contractorgeneral contractor work on a “general conditions plus fee” basis provided, each so long as all subcontractor work is bid pursuant to a separate contracts to “guaranteed maximum price” or “lump sum” form and “open book” basis as described above, with Tenant and Landlord reasonably cooperating in good faith on subcontractor selection. In picking subcontractors, Landlord and Tenant will consider all relevant factors, including bid price, qualification and reputation. iii. The construction contract between the selected general contractor (the “General Contractor”) and Landlord (the “Construction Contract”) will be negotiated on a “cost plus, with a guaranteed maximum price” basis and in substantially the form attached hereto as Schedule . The Construction Contract will provide: (1) for retention in a percentage determined by Landlord and reasonably approved by Tenant; (2) that Landlord must approve any changes to the Final Working Drawings; (3) that any Change Orders must be signed by Landlord; (4) that, if Landlord defaults on its obligations under the Lease or the Construction Contract, Tenant will have the option (but not the obligation) of assuming the Construction Contract; (5) that the General Contractor will work with Landlord to assess the various options available to minimize the costs included in the Final Budget throughout the development and construction of Landlord’s Work; (6) for payment of a fee to the General Contractor not to an agreed upon percentage of the “hard costs” set forth in the Final Budget (which, for the avoidance of doubt, shall exclude any taxes); (7) that the General Contractor will indemnify, defend and hold each of the Tenant Parties harmless from and against any claims, damages, liabilities or costs arising in connection with the performance of Landlord’s Work, except to the extent of any claims, damages, liabilities or costs arising from the negligence or willful misconduct of the Tenant Party and (8) that General Contractor and each of its subcontractors (unless, based on General Contractor’s commercially reasonable advice, Landlord and Tenant agree, after good faith discussions to reduce or waive the subcontractor insurance requirements) will carry the insurance specified in Schedule . In no event shall the Construction Contract include a provision in which Landlord and General Contractor agree to share the benefit of any savings in the Final Budget.

General Contractor. (i) Landlord shall hire and enter into a fee and general conditions on a full and complete open book basis contract with an Approved General Contractor (each such contract, the “Approved GC Contract”) for the Lobby Renovations Work and the Amenity Space Renovations Work pursuant to the applicable Plans. The terms and conditions of Approved GC Contract for the Lobby Renovations Work and the Amenity Space Renovations Work shall be subject to the approval of Tenant, not to be unreasonably withheld, conditioned or delayed. Such Approved General Contractor shall solicit bids under open book pricing from at least be Xxxxxxxxxx Associates Construction Corporation. The General Contractor shall furnish all materials and perform all work necessary to complete the construction and execution of Landlord's Work to the Premises and to render Premises acceptable for occupancy by the Tenant. Landlord's Work shall include furnishing architectural, engineering and construction contracting services in strict accordance with Landlord's Work and any future approved changes thereto. Tenant shall appoint an individual as Tenant's Representative to make decisions, changes to plans and provide approvals. No extra work, change, amendment, revision or other directive shall be made unless so ordered and authorized in writing by Tenant’s Representative and Landlord's representative. Preliminary Schematic Plans; Entitled “Collegium Pharmaceutical”, Second & Third Floor fit Plans, Sheet V3, Dated March 21, 2018, produced by BKA Architects Existing Improvements: The proposed work includes re-use of existing improvements. These improvements shall include but not be limited to electrical fixtures and equipment, HVAC equipment, walls, doors, among others. All existing improvements that are to be re-used shall be repaired or refinished and placed in good serviceable condition in accordance with Landlord's work. Finishes: Landlord will present carpet samples for Tenant's selection. After Tenant selects the carpet, Landlord's Architect shall prepare a collection of material samples demonstrating up to three (3) subcontractors with respect combinations of finishes and colors for the various materials including wall, trim, paint colors, wall base, and VCT coordinated to major items of the Lobby Renovations Work selected carpet. These finish samples shall be provided to Tenant for selection and the Amenity Space Renovations Work for all trades, including but not limited to mechanical, engineering and plumbing contractors, drywall contractors, painting contractors and carpet contractors; Landlord and approval. The final approvals by Tenant shall be entitled incorporated as part of Landlord's work. The following Outline Specification represents Landlord's Work and corresponds to submit names of qualified subcontractors to include in the bidding processPreliminary Schematic Plans listed above. All subcontractor bids Collegium Pharmaceutical Labs & Offices The following tenant improvements shall be shared with Landlord and Tenant during the bid process and each of Landlord and Tenant may provide input constructed substantially as shown on the selection of such subcontractors Preliminary Schematic Plans prepared by the Landlord's Architect, and necessary value engineering (provided that KGO shall act as Tenant’s and Landlord’s point of contact with respect to all such matters). Approved General Contractor shall not be required to purchase building stocked materials or use building standard materials. Any existing materials that Tenant reuses (e.g., lights, doors, frames, hardware, etcmore specifically described below.) shall be at no cost to Tenant and shall not be deducted from the applicable Tenant Improvement Allowance. Tenant shall promptly review and approve the dispersal of funds to Approved General Contractor prior to any payment being made. (ii) Tenant shall hire an Approved General Contractor for the construction and outfitting of Tenant’s Work and an Approved Architect for the development of Plans for Tenant’s Work and the supervision of such Approved General Contractor, each pursuant to a separate contracts to be negotiated by Tenant.