Common use of Landlord’s Retention of Contractor Clause in Contracts

Landlord’s Retention of Contractor. Landlord shall independently retain Contractor, on behalf of Tenant, to construct the Tenant Improvements in accordance with the Approved Working Drawings (subject to the following sentence) and the Cost Proposal and Landlord shall supervise the construction by Contractor, and Tenant shall pay a construction supervision and management fee (the “Landlord Supervision Fee”) to Landlord in an amount equal to three percent (3%) of the “hard” costs of constructing the Tenant Improvements (i.e., the cost of constructing the Tenant Improvements less the fees paid to the Architect and the Engineer). In the event of a conflict between the Approved Working Drawings and Landlord’s construction rules and regulations, Landlord, in its sole and absolute discretion, shall determine which shall prevail. Notwithstanding anything set forth in this Tenant Work Letter to the contrary, construction of the Tenant Improvements shall not commence until (a) Landlord has a fully executed and delivered contract with Contractor for the construction of the Tenant Improvements, (b) Tenant has procured and delivered to Landlord a copy of all Permits, and (c) Tenant has delivered to Landlord the Over-Allowance Amount.

Landlord’s Retention of Contractor. Subject to Section 4.1, Landlord shall independently retain Contractor, on behalf of Tenant, to construct the Tenant Improvements in accordance with the Approved Working Drawings (subject to the following sentence) and the Cost Proposal and Landlord shall supervise the construction by Contractor, and Tenant shall pay a construction supervision and management fee (the “"Landlord Supervision Fee”") to Landlord in an amount equal to three two percent (32%) of the “so called "hard” " costs of constructing the Tenant Improvements (i.e., the cost of constructing the Tenant Improvements less the fees paid to the Architect and the Engineer)Improvements. In the event of a conflict between the Approved Working Drawings and Landlord’s 's construction rules and regulations, Landlord, in its sole and absolute discretion, shall determine which shall prevail. Notwithstanding anything set forth in this Tenant Work Letter to the contrary, construction of the Tenant Improvements shall not commence until (a) Landlord has a fully executed and delivered contract with Contractor for the construction of the Tenant Improvements, (b) Tenant has procured and delivered to Landlord a copy of all Permits, and (c) Tenant has delivered to Landlord the Over-Allowance Amount.

Landlord’s Retention of Contractor. Landlord shall independently retain Contractor, on behalf of Tenant, to construct the Tenant Improvements in accordance with the Approved Working Drawings (subject to the following sentence) and the Cost Proposal and Landlord shall supervise the construction by Contractor, and Tenant shall pay a construction supervision and management fee (the “"Landlord Supervision Fee”") to Landlord in an amount equal to the sum of (i) an amount equal to three percent (3%) of the “hard” costs of constructing Tenant Improvement Allowance plus the Tenant Improvements Over-Allowance Amount (i.e., the cost of constructing the Tenant Improvements less the fees paid as such Over-Allowance Amount may increase pursuant to the Architect and the Engineerterms of this Tenant Work Letter). In the event of a conflict between the Approved Working Drawings and Landlord’s 's construction rules and regulations, Landlord, in its sole and absolute discretion, shall determine which shall prevail. Notwithstanding anything set forth in this Tenant Work Letter to the contrary, construction of the Tenant Improvements shall not commence until (a) Landlord has a fully executed and delivered contract with Contractor for the construction of the Tenant Improvements, (b) Tenant has procured and delivered to Landlord a copy of all Permits, and (c) Tenant has delivered to Landlord the Over-Allowance Amount.

Landlord’s Retention of Contractor. Landlord shall independently retain Contractor, on behalf of Tenantpursuant to a commercially reasonable construction contract that shall contain industry standard warranties, to construct the Tenant Improvements in accordance with the Approved Working Drawings (subject to the following sentence) and the approved Cost Proposal and Landlord shall supervise the construction by Contractor, and Tenant shall pay a construction supervision and management fee (the “Landlord Supervision Fee”) to Landlord in an amount equal to the sum of an amount equal to three percent (3%) of the “hard” costs of constructing Tenant Improvement Allowance plus the Tenant Improvements Over-Allowance Amount (i.e., the cost of constructing the Tenant Improvements less the fees paid as such Over-Allowance Amount may increase pursuant to the Architect and the Engineerterms of this Tenant Work Letter). In the event of a conflict between the Approved Working Drawings and Landlord’s construction rules and regulations, Landlord, in its sole and absolute discretion, shall determine which shall prevail. Notwithstanding anything set forth in this Tenant Work Letter to the contrary, construction of the Tenant Improvements shall not commence until (a) Landlord has a fully executed and delivered contract with Contractor for the construction of the Tenant Improvements, and (b) Tenant Landlord has procured and delivered to Landlord a copy of all Permits, and (c) Tenant has delivered to Landlord the Over-Allowance Amount.

Landlord’s Retention of Contractor. Landlord shall independently retain Contractor, on behalf of Tenant, to construct the Tenant Improvements in accordance with the Approved Working Drawings (subject to the following sentence) and the Cost Proposal and Landlord shall supervise the construction by Contractor, and Tenant shall pay a construction supervision and management fee (the “"Landlord Supervision Fee”") to Landlord in an amount equal to three percent (3%) of any amount of the “hard” costs total cost of constructing design and construction of the Tenant Improvements (i.e., the cost of constructing the Tenant Improvements less the fees paid to the Architect and the Engineer)Improvements. In the event of a conflict between the Approved Working Drawings and Landlord’s 's construction rules and regulations, Landlord, in its sole and absolute discretion, shall determine which shall prevail. Notwithstanding anything set forth in this Tenant Work Letter to the contrary, construction of the Tenant Improvements shall not commence until (a) Landlord has a fully executed and delivered contract with Contractor for the construction of the Tenant Improvements, (b) Tenant has procured and delivered to Landlord a copy of all Permits, and (c) Tenant has delivered to Landlord the Over-Allowance Amount.