Common use of Schedule; Contract; Construction Clause in Contracts

Schedule; Contract; Construction. (a) As soon as practicable after the full execution and delivery of the Lease, Landlord shall submit the Premises Work to bid to at least three (3) reputable contractors from the following list of contractors: MidAtlantic Construction Inc.; The Xxxxxxx Company; Axis Construction Management, LLC; Xxxxxx Construction; Penntex Construction; and IMC Construction Inc. Landlord shall select the lowest qualified bidder and enter into a construction contract with such contractor (the “Construction Contract”) for the performance of the Premises Work. The total cost of the Premises Work shall include the cost of the Premises Plans, permit and inspection fees, and licenses relating to the Premises Work, the cost of the Construction Contract along with contractor’s overhead and general conditions and a development administration fee payable to Landlord or its affiliate equal to three and one-half percent (3 1⁄2%) of the cost of the foregoing (collectively, the “Premises Work Costs”). (b) Landlord shall perform, or cause to be performed, Premises Work in accordance with the Premises Plans. Landlord reserves the right, however: (i) to make substitutions of material of equivalent grade, quality and usefulness when and if any specified material shall not be readily and reasonably available, and (ii) to make reasonable changes necessitated by conditions met in the course of construction which shall not substantially deviate from the intended results of the Premises Plans. The Premises shall be deemed substantially completed (“Substantially Completed” or “Substantially Complete”) when Tenant is in receipt of a Certificate of Occupancy or Temporary Certificate of Occupancy (punchlist items excepted) for the Premises. The Target Commencement Date shall be extended for additional periods of time equal to the time lost by Landlord or Landlord’s contractors, subcontractors or suppliers due to the following: strikes or other labor troubles; Tenant Delay (as defined below); governmental restrictions and limitations; unavailability or delays in obtaining fuel, labor or materials; war or other national emergency; accidents; floods; defective materials; fire damage or other casualties; adverse weather conditions; the inability to obtain building or use and occupancy permits; or any cause similar or dissimilar to the foregoing which is beyond the reasonable control of Landlord or Landlord’s contractors, subcontractors or suppliers. (c) Except as permitted by paragraph 4(b) above, changes in the Premises Work may be accomplished only by a Change Order (defined below). Tenant shall have the right to require changes in the Premises Work by making a written demand to Landlord describing the required change, but Landlord shall not perform any requested change unless a Change Order is issued with respect thereto. As used in this Work Letter, a “Change Order” shall mean a written instrument prepared by Landlord and signed by Landlord and Tenant stating their agreement upon all of the following: (i) the change in the Premises Work; (ii) the extent of the adjustment in the Premises Work Cost; and (iii) the extent of the adjustment in the Target Commencement Date, if any. Landlord shall act reasonably and diligently in preparing a Change Order following its receipt of Tenant’s demand therefor. Changes in the Premises Work Cost due to a Change Order shall be limited to (x) the actual net increase in the costs included in the definition of “Premises Work Costs,” including a three and one-half percent (3 1⁄2%) development administration fee but without any further xxxx-up by Landlord, plus (y) if the Change Order results in an extension of the scheduled Commencement Date, a sum equal to the per diem Fixed Basic Rent that would have otherwise been paid by Tenant for the period by which the Commencement Date is delayed due to such Change Order, as agreed by Landlord and Tenant in such Change Order.

Schedule; Contract; Construction. (a) The following persons are hereby identified as the representatives of their respective parties. To the extent necessary or required pursuant to the terms of this Work Letter, the parties shall contact the following personnel in connection with the completion of the Landlord's Additional Work hereunder: On behalf of the Landlord: Phone: 000.000.0000 Facsimile: 610.337.5599 Xxxx Xxxxxxxxxx On behalf of the Tenant: Phone: 000.000.0000 Facsimile: Xxxxxxx Xxxxxx (b) As soon as practicable after the full execution and delivery of the Leasedate Tenant executes this Amendment, Landlord shall submit the Premises Work to bid to at least three (3) reputable contractors from the following list of contractors: MidAtlantic Construction Inc.; The Xxxxxxx Company; Axis Construction Management, LLC; Xxxxxx Construction; Penntex Construction; and IMC Construction Inc. Landlord shall select the lowest qualified bidder and enter into a construction contract with such contractor (the “"Construction Contract”") with a contractor of its choice and otherwise reasonably acceptable to Tenant for the performance of the Premises Landlord's Additional Work. The total cost of the Premises Work shall include the cost of the Premises Plans, permit and inspection fees, and licenses relating to the Premises Work, the cost of the Construction Contract along with contractor’s overhead and general conditions and a development administration fee payable to Landlord or its affiliate equal to three and one-half percent (3 1⁄2%) of the cost of the foregoing (collectively, the “Premises Work Costs”). (bc) Landlord shall perform, or cause to be performed, Premises Work in accordance with the Premises Plans. Landlord reserves the right, however: (i) to make substitutions of material of equivalent grade, quality and usefulness when and if any specified material shall not be readily and reasonably available, and (ii) to make reasonable changes necessitated by conditions met in the course of construction which first became apparent following the execution of this Amendment and which shall not substantially deviate from the intended results of the Premises Plans. The Premises ; provided in either case that Tenant's consent is first obtained, which consent shall not be unreasonably withheld and shall be deemed substantially completed given or denied promptly so as not to unreasonably delay construction. (“d) Landlord shall perform, or cause to be performed, Landlord's Work in accordance with the Premises Plans such that same is Substantially Completed” Completed on or “Substantially Complete”) when Tenant is in receipt of a Certificate of Occupancy or Temporary Certificate of Occupancy (punchlist items excepted) for before the PremisesTarget Date. The Target Commencement Date shall be extended for additional periods of time equal to the time number of days lost by Landlord or Landlord’s 's contractors, subcontractors or suppliers due to the following: strikes or other labor troubles; delays in Tenant's selection of materials, plans or specifications or changes thereto; Tenant Delay (as defined below); governmental restrictions and limitations; unavailability or delays in obtaining fuel, labor or materials; war or other national emergency; accidents; floods; defective materials; fire damage or other casualties; adverse weather conditions; the inability to obtain building or use and occupancy permits; or any cause similar or dissimilar to the foregoing which is beyond the reasonable control of Landlord or Landlord’s 's contractors, subcontractors or suppliers. (ce) Except as permitted by paragraph 4(b3(c) above, changes in the Premises Landlord's Additional Work may be accomplished only by a Change Order (defined below). Tenant shall have the right to require changes in the Premises Work by making a written demand to Landlord describing the required change, but Landlord shall not perform any requested change unless a Change Order is issued with respect thereto. As used in this Work Letter, a “Change Order” shall mean a written instrument prepared by Landlord and signed by Landlord and Tenant stating their agreement upon all of the following: (i) the change in the Premises Work; (ii) the extent of the adjustment in the Premises Work Cost; and (iii) the extent of the adjustment in the Target Commencement Date, if any. Landlord shall act reasonably and diligently in preparing a Change Order following its receipt of Tenant’s demand therefor. Changes in the Premises Work Cost due to a Change Order shall be limited to (x) the actual net increase in the costs included in the definition of “Premises Work Costs,” including a three and one-half percent (3 1⁄2%) development administration fee but without any further xxxx-up by Landlord, plus (y) if the Change Order results in an extension of the scheduled Commencement Date, a sum equal to the per diem Fixed Basic Rent that would have otherwise been paid by Tenant for the period by which the Commencement Date is delayed due to such Change Order, as agreed by Landlord and Tenant in such Change Order.to

Schedule; Contract; Construction. (a) As soon as practicable after the full execution and delivery of the this Lease, Landlord shall submit the Premises Work to bid to at least three (3) reputable contractors from the following list of contractors: MidAtlantic Construction Inc.; The Xxxxxxx Company; Axis Construction Management, LLC; Xxxxxx Construction; Penntex Construction; and IMC Construction Inc. Landlord shall select the lowest qualified bidder and enter into a construction contract with such a contractor (the “"Construction Contract”") for the performance of the Premises Work. The total cost of the Premises Work shall include the cost of the Premises Plans, permit and inspection fees, and licenses fees relating to the Premises Work, the cost of the Construction Contract along with contractor’s overhead and an overhead, general conditions and a development administration fee payable to Landlord or its affiliate equal to three and one-half five percent (3 1⁄25%) of the cost of the foregoing Premises Work Costs (collectively, the “"Premises Work Costs”"). (b) Landlord shall perform, or cause to be performed, Premises Work in accordance with the Premises Plans. Landlord reserves the right, however: (i) to make substitutions of material of equivalent grade, quality and usefulness when and if any specified material shall not be readily and reasonably available, and (ii) to make reasonable changes necessitated by conditions met in the course of construction which shall not substantially deviate from the intended results of the Premises Plans; provided in either case that Tenant's consent is first obtained, which consent shall not be unreasonably withheld and shall be given or denied promptly so as not to unreasonably delay construction. The cost of any such changes shall be borne solely by Landlord. (c) Landlord shall perform, or cause to be performed, Landlord's Work in accordance with the Premises Plans such that same is Substantially Completed (as defined below) on or before the Target Date. The Premises shall be deemed substantially completed (“"Substantially Completed” " or “"Substantially Complete”") when Tenant is in receipt of a Certificate of Occupancy or Temporary Certificate of Occupancy (punchlist items excepted) for the Premises). The Target Commencement Date period of time for Landlord to Substantially Complete the Premises shall be extended for additional periods of time equal to the time lost by Landlord or Landlord’s 's contractors, subcontractors or suppliers due to the following: strikes or other labor troubles; delays in Tenant's selection of materials, plans or specifications or changes thereto; Tenant Delay (as defined below); governmental restrictions and limitations; unavailability or delays in obtaining fuel, labor or materials; war or other national emergency; accidents; floods; defective materials; fire damage or other casualties; adverse weather conditions; the inability to obtain building or use and occupancy permits; or any cause similar or dissimilar to the foregoing which is beyond the reasonable control of Landlord or Landlord’s 's contractors, subcontractors or suppliers. (cd) Except as permitted by paragraph 4(b) above, changes in the Premises Work may be accomplished only by a Change Order (defined below). Tenant shall have the right to require changes in the Premises Work by making a written demand to Landlord describing the required change, but Landlord shall not perform any requested change unless a Change Order is issued with respect thereto. As used in this Work Letter, a “"Change Order” " shall mean a written instrument prepared by Landlord and signed by Landlord and the Tenant stating their agreement upon all of the following: (i) the change in the Premises Work; (ii) the extent of the adjustment in the Premises Work Cost; and (iii) the extent of the adjustment in the Target Commencement Date, if any. Landlord shall act reasonably and diligently in preparing a Change Order following its receipt of Tenant’s 's demand therefor. Changes in the Premises Work Cost due to a Change Order shall be limited to (x) the actual net increase in the costs included in the definition of “"Premises Work Costs,” " including a three and one-half five percent (3 1⁄25%) development overhead, general conditions and administration fee on the amount of such increased costs, if any, but without any further xxxx-up by Landlord, plus (y) if the Change Order results in an extension of the scheduled Commencement Target Date, a sum equal to the per diem Fixed Basic Rent that would have otherwise been paid by Tenant for the period by which the Commencement Date is delayed due to such Change Order, as agreed by Landlord and Tenant in such Change Order. The cost of any changes of the Premises Work including changes necessary to the Building to construct the Premises Work (other than Change Orders initiated by Tenant) shall be the sole responsibility of the Landlord.