Common use of Preliminary Budget Clause in Contracts

Preliminary Budget. Landlord shall retain a contractor ------------------ ("Contractor") as the general contractor for the construction of the Tenant ------------ Improvements. Tenant shall have the right to approve the construction contract between Landlord and Contractor for the construction of the Tenant Improvements, which approval shall not be unreasonably withheld or delayed; provided, however, that Tenant shall have no right to disapprove such construction contract if such construction contract substantially conforms with the applicable AIA form contract and general conditions. Ten (10) days after approval by Landlord and Tenant of the Preliminary Plans, Contractor shall prepare a preliminary budget for the Tenant Improvements based upon the approved Preliminary Plans, which Contractor shall submit to Tenant for its review and approval. Within three (3) days after Tenant's receipt of the preliminary budget, Tenant shall either approve or disapprove the preliminary budget. If Tenant reasonably rejects such preliminary budget, Tenant shall, within five (5) days of Tenant's delivery of a written rejection notice to Landlord, require Architect to revise the Preliminary Plans to reduce the cost of the Tenant Improvements. Following Tenant's instructions to the Architect, Landlord and Tenant shall again follow the procedures set forth in Paragraph 2.2.1 and this Paragraph 2.2.2 with respect to the approval of the Preliminary Plans and to the submission and approval of the preliminary budget from Contractor.

Preliminary Budget. Landlord shall retain a contractor ------------------ ("Contractor") as the third-party general contractor for the construction of the Tenant ------------ Improvements. Tenant shall have the right to approve the fee for the general contractor and the general conditions of the construction contract between Landlord and Contractor for the construction of the Tenant Improvements, which approval shall not be unreasonably withheld or delayed; provided, however, that Tenant shall have no right to disapprove such construction contract if such construction contract substantially conforms with the applicable AIA form contract and general conditions. Ten (10) days after approval by Landlord and Tenant of the Preliminary Plans, Contractor shall prepare a preliminary budget for the Tenant Improvements based upon the approved Preliminary Plans, which Contractor shall submit to Tenant for its review and approval. Within three five (35) days after Tenant's receipt of the preliminary budget, Tenant shall either approve or disapprove the preliminary budget. If Tenant reasonably rejects such preliminary budget, Tenant shall, within five (5) days of Tenant's delivery of a written rejection notice to Landlord, require Architect to revise the Preliminary Plans to reduce the cost of the Tenant Improvements. Following Tenant's instructions to the Architect, Landlord and Tenant shall again follow the procedures set forth in Paragraph Section 2.2.1 and this Paragraph Section 2.2.2 with respect to the approval of the Preliminary Plans and to the submission and approval of the preliminary budget from Contractor.

Preliminary Budget. Landlord shall retain a contractor ------------------ ("Contractor") as the general contractor for the construction of the Tenant ------------ Improvements. Tenant shall have the right to approve the construction contract between Landlord and Contractor for the construction of the Tenant Improvements, which approval shall not be unreasonably withheld or delayed; provided, however, that Tenant shall have no right to disapprove such construction contract if such construction contract substantially conforms with the applicable AIA form contract and general conditions. Ten (10) days after approval by Landlord and Tenant of the Preliminary Plans, Contractor shall prepare a preliminary budget for the Tenant Improvements based upon the approved Preliminary Plans, which Contractor shall submit to Tenant for its review and approval. Within three (3) days after Tenant's receipt of the preliminary budget, Tenant shall either approve or disapprove the preliminary budget. If Tenant reasonably rejects such preliminary budget, Tenant shall, within five (5) days of Tenant's delivery of a written rejection notice to Landlord, require Architect to revise the Preliminary Plans to reduce the cost of the Tenant Improvements. Following Tenant's instructions to the Architect, Landlord and Tenant shall again follow the procedures set forth in Paragraph 2.2.1 and this Paragraph 2.2.2 with respect to the approval of the Preliminary Plans and to the submission and approval of the preliminary budget from Contractor.

Preliminary Budget. Landlord shall retain a contractor ------------------ has retained Devcon Construction ("Contractor") as the general contractor for the construction of the Tenant ------------ Improvements. Tenant shall have Upon the right later to approve the construction contract between Landlord and Contractor for the construction occur of the Tenant Improvements, which approval shall not be unreasonably withheld or delayed; provided, however, that Tenant shall have no right to disapprove such construction contract if such construction contract substantially conforms with the applicable AIA form contract and general conditions. Ten (10i) twelve (12) days after approval by Landlord and Tenant of the Preliminary Plans, or (ii) August 28, 1996, Contractor shall prepare a preliminary budget for the Tenant Improvements based upon the approved Preliminary Plans, which Contractor shall submit to Tenant for its review and approval. Within three (3) days after Tenant's receipt of the preliminary budget, Tenant shall either approve or disapprove the preliminary budget. If Tenant reasonably rejects such preliminary budget, Landlord may in its sole discretion elect by written notice to Tenant shall, within five (5) days of Landlord's receipt of Tenant's delivery of a written rejection notice notice, to Landlord, either (i) require Architect to revise the Preliminary Plans to reduce the cost of the Tenant Improvements, or (ii) terminate the Lease upon written notice to Tenant. Following TenantLandlord's instructions to the Architectelection under clause (i) above, Landlord and Tenant shall again follow the procedures set forth in Paragraph 2.2.1 and this Paragraph 2.2.2 with respect to the approval of the Preliminary Plans and to the submission and approval of the EXHIBIT C Page 3 of 9 66 preliminary budget from Contractor. If Landlord and Tenant do not mutually agree upon the preliminary budget for the Tenant Improvements on or before September 6, 1996, then Landlord may in its sole discretion terminate the Lease upon written notice to Tenant.

Preliminary Budget. Landlord shall retain a contractor has retained Devcon ------------------ Construction ("Contractor") as the general contractor for the construction of ---------- the Tenant ------------ Improvements. Tenant shall have the right to approve the construction contract between Landlord and Contractor for the construction of the Tenant Improvements, which approval shall not be unreasonably withheld or delayed; provided, however, that Tenant shall have no right to disapprove such construction contract if such construction contract substantially conforms with the applicable AIA form contract and general conditions. Ten (10) days after approval by Landlord and Tenant of the Preliminary Plans, Contractor shall prepare a preliminary budget for the Tenant Improvements based upon the approved Preliminary Plans, which Contractor shall submit to Tenant for its review and approval. Within three (3) days after Tenant's receipt of the preliminary budget, Tenant shall either approve or disapprove the preliminary budget. If Tenant reasonably rejects such preliminary budget, Tenant Landlord shall, within five (5) days of Landlord's receipt of Tenant's delivery of a written rejection notice to Landlordnotice, require Architect to revise the Preliminary Plans to reduce the cost of the Tenant Improvements. Following TenantLandlord's instructions to the Architect, Landlord and Tenant shall again follow the procedures set forth in Paragraph 2.2.1 and this --------------- Paragraph 2.2.2 with respect to the approval of the Preliminary Plans and to the --------------- submission and approval of the preliminary budget from Contractor.