Common use of Overruns; Qualified Overruns Clause in Contracts

Overruns; Qualified Overruns. At any time during the performance of any Reimbursable Replacement, Reimbursable Structural Work or Reimbursable Legal Requirement Alteration, Tenant may give notice (an "Overrun Notice") to Landlord specifying any cost (an "Overrun") in excess of the Base Cost which Tenant expects to incur and which Tenant contends was unforeseeable by Tenant at the time of commencement of the work (each Overrun Notice to specify the nature of, and reasons for, the Overrun in question in reasonably complete and specific detail). Within 10 business days after receipt of an Overrun Notice, Landlord shall notify Tenant as to whether or not in Landlord's judgment the Overrun in question is reasonable in amount under the circumstances and was unforeseeable by Tenant at the time of commencement of the work. If Tenant shall dispute Landlord's judgment, the reasonableness of the amount of, and the foreseeability by Tenant of, the Overrun in question shall be determined by the Appropriate Engineer. Any Overrun determined by Landlord or the Appropriate Engineer to be reasonable in amount under the circumstances and unforeseeable by Tenant at the time of commencement of the work shall be a "Qualified Overrun".

Overruns; Qualified Overruns. At any time during the performance of any Reimbursable Replacement, Reimbursable Structural Work or Reimbursable Legal Requirement Alteration, Tenant Lessee may give notice (an "Overrun Notice") to Landlord Lessor specifying any cost (an "Overrun") in excess of the Base Cost original contract price of Lessee's Selected Bidder which Tenant Lessee expects to incur and which Tenant Lessee contends was unforeseeable by Tenant Lessee at the time of commencement of the work (each Overrun Notice to specify the nature of, of and reasons for, for the Overrun in question in reasonably complete and specific detail). Within 10 business days after receipt of an Overrun Notice, Landlord Lessor shall notify Tenant Lessee as to whether or not in LandlordLessor's judgment the Overrun in question is reasonable in amount under in 30 the circumstances and was unforeseeable by Tenant Lessee at the time of commencement of the work. If Tenant Lessee shall dispute LandlordLessor's judgment, the reasonableness of the amount of, and the foreseeability by Tenant Lessee of, the Overrun in question shall be determined by the Appropriate Engineer. Any Overrun determined by Landlord Lessor or the Appropriate Engineer to be reasonable in amount under in the circumstances and unforeseeable by Tenant Lessee at the time of commencement of the work shall be a "Qualified Overrun". Lessee shall not be chargeable with the failure by any Contractor (as defined in section 6(e)(iv)(w)) to foresee any Overrun.

Overruns; Qualified Overruns. At any time during the performance of any Reimbursable Replacement, Reimbursable Structural Work or Reimbursable Legal Requirement Alteration, Tenant may give notice (an "Overrun Notice") to Landlord specifying any cost (an "Overrun") in excess of the Base Cost original contract price of Tenant's Selected Bidder which Tenant expects to incur and which Tenant contends was unforeseeable by Tenant at the time of commencement of the work (each Overrun Notice to specify the nature of, of and reasons for, for the Overrun in question in reasonably complete and specific detail). Within 10 business days Business Days after receipt of an Overrun Notice, Landlord shall notify Tenant as to whether or not in Landlord's judgment the Overrun in question is reasonable in amount under in the circumstances and was unforeseeable by Tenant at the time of commencement of the work. If Tenant shall dispute Landlord's judgment, the reasonableness of the amount of, and the foreseeability by Tenant of, the Overrun in question shall be determined by the Appropriate Engineer. Any Overrun determined by Landlord or the Appropriate Engineer to be reasonable in amount under in the circumstances and unforeseeable by Tenant at the time of commencement of the work shall be a "Qualified Overrun". Tenant shall not be chargeable with the failure by any Contractor to foresee any Overrun.