Common use of Selection of Contractor Clause in Contracts

Selection of Contractor. The Initial Tenant Improvements will be constructed by a general contractor engaged by Landlord and approved by Tenant (the “Contractor”). Tenant acknowledges that Landlord submitted to Tenant the names of four (4) contractors it proposes to be the Contractor (the “Contractor List”). Tenant shall have the right to interview each of the Contractors on the Contractor List to determine, among other matters, each Contractor’s proposed overhead, “general conditions” and fee structure, and within five (5) business days after receipt of the Contractor List from Landlord Tenant shall either approve the contractors on the Contractor List or submit to Landlord the names and contact information of alternate contractors to be included on the Contractor List, provided such alternate contractors are at least as qualified as the contractors on Landlord’s original Contractor List, as reasonably determined by Landlord. If Tenant submits alternate contractors to be included on the Contractor List, Landlord shall have the right to interview such alternate contractors within five (5) business days after receipt of the names and contact information of such alternate contractors from Tenant. The parties agree that they shall mutually agree on a Contractor from the Contractor List by not later than the date that is five (5) business days following delivery of the Design Development Plan, provided that the Contractor, at a minimum, shall: (a) have experience with similar projects of similar size and scope in the vicinity of the Building, (b) have the ability to meet the deadlines for construction of the Initial Tenant Improvements as set forth in the Lease and this Appendix D, (c) have the ability to make an unconditional commitment that all necessary resources of the Contractor will be fully engaged to guaranty that the timely completion of the Initial Tenant Improvements, (d) have the reasonable ability to provide reasonable profit margins and overhead costs, and (e) have the ability to bond its work, if requested.

Selection of Contractor. The Initial Tenant Improvements will be constructed by Based on the Construction Documents, Landlord shall prepare an invitation to bid that includes a general contractor engaged copy of the proposed form of construction contract on the basis of a guaranteed maximum price contract on the basis of a guaranteed maximum price contract. Landlord shall submit bids to the contractors, in good faith, agreed on by Landlord and approved by Tenant (collectively, the “Contractor”"Qualified Contractors"). Landlord and Tenant acknowledges that shall mutually select the contractor to perform Landlord's Work from the bids received. If Tenant and Landlord submitted fail to Tenant the names of agree on a contractor within four (4) contractors it proposes days thereafter, Landlord shall select the apparent low bidder (the contractor selected in accordance with the foregoing procedure is herein called the "Contractor"). The Contractor, with the approval of Landlord, shall select the subcontractors. The Contractor and subcontractors must be willing to be agree to all requirements imposed by Landlord's construction and/or permanent lender (including any reasonable requirements relating to retainages, advances, insurance, bonding requirements, mechanics'; lien waivers or otherwise) and penalties for late delivery of space. After selection of the Contractor, Landlord shall negotiate and execute a construction contract with the Contractor. Landlord may make changes to the form construction contract but the contract guaranteed maximum price shall remain the same without cost overruns except for Tenant change orders, Necessary Change Orders, and other change orders approved by Tenant. After approval of the Construction Documents, selection of the Contractor, and execution of the construction contract, the Contractor (shall proceed with construction of Landlord's Work under the “Contractor List”)supervision of Landlord. Tenant shall have evaluate and analyze all construction pricing to ensure current market pricing and to maximize the right to interview each use of the Contractors on the Contractor List to determine, among other matters, each Contractor’s proposed overhead, “general conditions” and fee structure, and within five Landlord's Construction Contribution (5) business days after receipt of the Contractor List from Landlord Tenant shall either approve the contractors on the Contractor List or submit to Landlord the names and contact information of alternate contractors to be included on the Contractor List, provided such alternate contractors are at least as qualified as the contractors on Landlord’s original Contractor List, as reasonably determined by Landlorddefined below). If Tenant submits alternate contractors to be included on the Contractor ListTo that end, Landlord shall have the right to interview such alternate contractors within five (5) business days after receipt of the names provide Tenant with all scheduled construction pricing for review and contact information of such alternate contractors from Tenant. The parties agree that they shall mutually agree on a Contractor from the Contractor List by not later than the date that is five (5) business days following delivery of the Design Development Plan, provided that the Contractor, at a minimum, shall: (a) have experience with similar projects of similar size and scope in the vicinity of the Building, (b) have the ability to meet the deadlines for construction of the Initial Tenant Improvements as set forth in the Lease and this Appendix D, (c) have the ability to make an unconditional commitment that all necessary resources of the Contractor will be fully engaged to guaranty that the timely completion of the Initial Tenant Improvements, (d) have the reasonable ability to provide reasonable profit margins and overhead costs, and (e) have the ability to bond its work, if requestedanalysis.

Selection of Contractor. Concurrent with the plan checking, Tenant shall obtain bids for the construction of the Tenant Improvements from a minimum of three (3) mutually acceptable general contractors and/or subcontractors (the "Approved Contractors"). Unless Landlord and Tenant shall mutually agree to the contrary, the Approved Contractor which submitted the lowest bid shall be deemed to be the selected "Contractor". Notwithstanding the above, Tenant, at Tenant's option, may elect to construct the Tenant Improvements through a "fast-track" approach, in lieu of a "hard bid" approach. In this approach, the Contractor will be selected through the solicitation of fee proposals from the Approved Contractors. The Initial Construction Contract shall be approved by Landlord. Except as hereinafter provided, the Construction Contract shall provide that the Contractor shall obtain competitive bids from a minimum of three (3) mutually acceptable subcontractors for each of the principal portions of construction of the Tenant Improvements including those who furnish materials or equipment fabricated to a special design. Unless Landlord and Tenant shall mutually agree to the contrary, the subcontractor which submitted the lowest bid shall be deemed to be the selected subcontractor. Various components of the Tenant Improvements will be constructed by a general contractor engaged by Landlord and approved by Tenant issued to the Contractor for construction separately (the “Contractor”e.g. drywall, mechanical/electrical systems, finishes). Tenant acknowledges that Landlord submitted to Tenant When issued for construction, the names of four (4) contractors it proposes to Tenant's construction documents and specifications for each component shall be complete as required do describe the Contractor (the “Contractor List”). Tenant shall have the right to interview each component of the Contractors on the Contractor List Tenant Improvements in sufficient detail to determine, among other matters, each Contractor’s proposed overhead, “general conditions” allow (i) Landlord's review and fee structure, and within five (5) business days after receipt approval of that component of the Contractor List from Landlord Tenant shall either approve the contractors on the Contractor List or submit to Landlord the names and contact information of alternate contractors to be included on the Contractor List, provided such alternate contractors are at least as qualified as the contractors on Landlord’s original Contractor List, as reasonably determined by Landlord. If Tenant submits alternate contractors to be included on the Contractor List, Landlord shall have the right to interview such alternate contractors within five (5) business days after receipt of the names and contact information of such alternate contractors from Tenant. The parties agree that they shall mutually agree on a Contractor from the Contractor List by not later than the date that is five (5) business days following delivery of the Design Development Plan, provided that the Contractor, at a minimum, shall: (a) have experience with similar projects of similar size and scope in the vicinity of the Building, (b) have the ability to meet the deadlines for construction of the Initial Tenant Improvements as set forth in the Lease and this Appendix D, (c) have the ability to make an unconditional commitment that all necessary resources of the Contractor will be fully engaged to guaranty that the timely completion of the Initial Tenant Improvements, (dii) have issuance of a building permit for that component of the reasonable ability to provide reasonable profit margins Tenant Improvements, (iii) bidding and overhead costspurchasing of the component of the Tenant Improvements, and (eiv) have construction of that component of the ability to bond its workTenant Improvements. When taken together, if requestedthe above construction documents and specifications for the various components shall constitute the Plans and Specifications.

Selection of Contractor. The Initial Tenant Improvements will be constructed by Based on the Construction Documents, Landlord shall prepare an invitation to bid which includes a general contractor engaged copy of the proposed form of construction contract on the basis of a guaranteed maximum price contract. Landlord shall submit bids to the contractors, in good faith, agreed upon by Landlord and approved by Tenant (collectively, the “Contractor”"Qualified Contractors"). Landlord and Tenant acknowledges that shall mutually select the contractor to perform Landlord's Work from the bids received. If Tenant and Landlord submitted fail to Tenant the names of agree on a contractor within four (4) contractors it proposes days thereafter, Landlord shall select the apparent low bidder (the contractor selected in accordance with the foregoing procedure is herein called the "Contractor"). The Contractor, with the approval of Landlord, shall select the subcontractors. The Contractor and subcontractors must be willing to be agree to all requirements imposed by Landlord's construction and/or permanent lender (including any reasonably requirements relating to retainages, advances, insurance, bonding requirements, mechanics' lien waivers or otherwise) and penalties for late delivery of space. After selection of the Contractor, Landlord shall negotiate and execute a construction contract with the Contractor. Landlord may make changes to the form construction contract but the contract guaranteed maximum price shall remain the same without cost overruns except for Tenant change orders, Necessary Change Orders, and other change orders approved by Tenant. After approval of the Construction Documents, selection of the Contractor, and execution of the construction contract, the Contractor (shall proceed with construction of Landlord's Work under the “Contractor List”)supervision of Landlord. Tenant shall have evaluate and analyze all construction pricing to ensure current market pricing and to maximize the right to interview each use of the Contractors on the Contractor List to determine, among other matters, each Contractor’s proposed overhead, “general conditions” and fee structure, and within five Landlord's Construction Contribution (5) business days after receipt of the Contractor List from Landlord Tenant shall either approve the contractors on the Contractor List or submit to Landlord the names and contact information of alternate contractors to be included on the Contractor List, provided such alternate contractors are at least as qualified as the contractors on Landlord’s original Contractor List, as reasonably determined by Landlorddefined below). If Tenant submits alternate contractors to be included on the Contractor ListTo that end, Landlord shall have the right to interview such alternate contractors within five (5) business days after receipt of the names provide Tenant with all scheduled construction pricing for review and contact information of such alternate contractors from Tenant. The parties agree that they shall mutually agree on a Contractor from the Contractor List by not later than the date that is five (5) business days following delivery of the Design Development Plan, provided that the Contractor, at a minimum, shall: (a) have experience with similar projects of similar size and scope in the vicinity of the Building, (b) have the ability to meet the deadlines for construction of the Initial Tenant Improvements as set forth in the Lease and this Appendix D, (c) have the ability to make an unconditional commitment that all necessary resources of the Contractor will be fully engaged to guaranty that the timely completion of the Initial Tenant Improvements, (d) have the reasonable ability to provide reasonable profit margins and overhead costs, and (e) have the ability to bond its work, if requestedanalysis.

Selection of Contractor. The Initial contractor which shall construct the Tenant Improvements will shall be constructed a contractor selected pursuant to the following procedure. The Final Working Drawings shall be submitted by a Landlord to (i) two (2) general contractor engaged contractors selected by Landlord and (ii) two (2) general contractors selected by Tenant on or before the date the Final Working Drawings are approved by Landlord and which contractors so selected by Tenant shall be subject to Landlord's reasonable approval. Each such contractor shall submit a sealed, fixed price contract bid (on such bid form as Landlord shall designate) to construct the “Contractor”)Tenant Improvements. Each contractor shall be notified in the bid package of the time schedule for construction of the Tenant acknowledges that Landlord submitted to Tenant the names of four (4) contractors it proposes to be Improvements. The subcontractors utilized by the Contractor (shall be subject to Landlord's reasonable approval and the “Contractor List”). Tenant bidding instructions shall have provide that as to work affecting the right to interview each structure of the Contractors on Building and/or the Contractor List to determine, among other matters, each Contractor’s proposed overhead, “general conditions” systems and fee structure, and within five (5) business days after receipt of the Contractor List from Landlord Tenant shall either approve the contractors on the Contractor List or submit to Landlord the names and contact information of alternate contractors to be included on the Contractor List, provided such alternate contractors are at least as qualified as the contractors on Landlord’s original Contractor List, as reasonably determined by Landlord. If Tenant submits alternate contractors to be included on the Contractor List, Landlord shall have the right to interview such alternate contractors within five (5) business days after receipt of the names and contact information of such alternate contractors from Tenant. The parties agree that they shall mutually agree on a Contractor from the Contractor List by not later than the date that is five (5) business days following delivery of the Design Development Plan, provided that the Contractor, at a minimum, shall: (a) have experience with similar projects of similar size and scope in the vicinity equipment of the Building, Landlord shall be entitled to designate the subcontractors. The bids shall be submitted promptly to Landlord and a reconciliation shall be performed by Landlord to adjust inconsistent or incorrect assumptions so that a like-kind comparison can be made and a low bidder determined. Within ten (b10) have days after the ability Final Working Drawings are approved by Landlord, Tenant shall select the contractor who shall be the lowest bidder and who states that it will be able to meet the deadlines Landlord's reasonable construction schedule. The parties acknowledge that, for construction purposes of the Initial immediately preceding sentence, Landlord's reasonable construction schedule shall not include any scheduled overtime. The contractor selected may be referred to herein as the "CONTRACTOR". Landlord shall retain the Contractor to construct the Tenant Improvements as set forth in accordance with the Lease and this Appendix D, (c) have the ability to make an unconditional commitment that all necessary resources of the Contractor will be fully engaged to guaranty that the timely completion of the Initial Tenant Improvements, (d) have the reasonable ability to provide reasonable profit margins and overhead costs, and (e) have the ability to bond its work, if requestedApproved Working Drawings.

Selection of Contractor. The Initial Tenant Improvements will be constructed by Based on the Construction Documents, Landlord shall prepare an invitation to bid which includes a general contractor engaged copy of the proposed form of construction contract on the basis of a guaranteed maximum price contract on the basis of a guaranteed maximum price contract. Landlord shall submit bids to the contractors, in good faith, agreed upon by Landlord and approved by Tenant (collectively, the “Contractor”"Qualified Contractors"). Landlord and Tenant acknowledges that shall mutually select the contractor to perform Landlord's Work from the bids received. If Tenant and Landlord submitted fail to Tenant the names of agree on a contractor within four (4) contractors it proposes days thereafter, Landlord shall select the apparent low bidder (the contractor selected in accordance with the foregoing procedure is herein called the "Contractor"). The Contractor, with the approval of Landlord, shall select the subcontractors. The Contractor and subcontractors must be willing to be agree to all requirements imposed by Landlord's construction and/or permanent lender (including any reasonable requirements relating to retainages, advances, insurance, bonding requirements, mechanics' lien waivers or otherwise) and penalties for late delivery of space. After selection of the Contractor, Landlord shall negotiate and execute a construction contract with the Contractor. Landlord may make changes to the form construction contract but the contract guaranteed maximum price shall remain the same without cost overruns except for Tenant change orders, Necessary Change Orders, and other change orders approved by Tenant. After approval of the Construction Documents, selection of the Contractor, and execution of the construction contract, the Contractor (shall proceed with construction of Landlord's Work under the “Contractor List”)supervision of Landlord. Tenant shall have evaluate and analyze all construction pricing to ensure current market pricing and to maximize the right to interview each use of the Contractors on the Contractor List to determine, among other matters, each Contractor’s proposed overhead, “general conditions” and fee structure, and within five Landlord's Construction Contribution (5) business days after receipt of the Contractor List from Landlord Tenant shall either approve the contractors on the Contractor List or submit to Landlord the names and contact information of alternate contractors to be included on the Contractor List, provided such alternate contractors are at least as qualified as the contractors on Landlord’s original Contractor List, as reasonably determined by Landlorddefined below). If Tenant submits alternate contractors to be included on the Contractor ListTo that end, Landlord shall have the right to interview such alternate contractors within five (5) business days after receipt of the names provide Tenant with all scheduled construction pricing for review and contact information of such alternate contractors from Tenant. The parties agree that they shall mutually agree on a Contractor from the Contractor List by not later than the date that is five (5) business days following delivery of the Design Development Plan, provided that the Contractor, at a minimum, shall: (a) have experience with similar projects of similar size and scope in the vicinity of the Building, (b) have the ability to meet the deadlines for construction of the Initial Tenant Improvements as set forth in the Lease and this Appendix D, (c) have the ability to make an unconditional commitment that all necessary resources of the Contractor will be fully engaged to guaranty that the timely completion of the Initial Tenant Improvements, (d) have the reasonable ability to provide reasonable profit margins and overhead costs, and (e) have the ability to bond its work, if requestedanalysis.

Selection of Contractor. The Initial Tenant Improvements will be constructed by Based on the Construction Documents, Landlord shall prepare an invitation to bid which includes a general contractor engaged copy of the proposed form of construction contract on the basis of a guaranteed maximum price contract on the basis of a guaranteed maximum price contract. Landlord shall submit bids to the contractors, in good faith, agreed upon by Landlord and approved by Tenant (collectively, the “Contractor”"Qualified Contractors"). Landlord and Tenant acknowledges that shall mutually select the contractor to perform Landlord's Work from the bids received. If Tenant and Landlord submitted fail to Tenant the names of agree on a contractor within four (4) contractors it proposes days thereafter, Landlord shall select the apparent low bidder (the contractor selected in accordance with the foregoing procedure is herein called the "Contractor"). The Contyractor, with the approval of Landlord, shall select the subcontractors. The Contractor and subcontractors must be willing to be agree to all requirements imposed by Landlord's construction and/or permanent lender (including any reasonable requirements relating to retainages, advances, insurance, bonding requirements, mechanics' lien waivers or otherwise) and penalties for late delivery fo space. After selection of the Contractor, Landlord shall negotiate and execute a construction contract with the Contractor. Landlord may make changes to the form construction contract but the contract guaranteed maximum price shall remain the same without cost overruns except for Tenant change orders, Necessary Change Orders, and other chaqnge orders approved by Tenant. After approval of the Construction Documents, selection of the Contractor, and execution of the construction contract, the Contractor (shall proceed with construction of Landlord's Work under the “Contractor List”)supervision of Landlord. Tenant shall have evaluate and analyze all construction pricing to ensure current market pricing and to maximize the right to interview each use of the Contractors on the Contractor List to determine, among other matters, each Contractor’s proposed overhead, “general conditions” and fee structure, and within five Landlord's Construction Contribution (5) business days after receipt of the Contractor List from Landlord Tenant shall either approve the contractors on the Contractor List or submit to Landlord the names and contact information of alternate contractors to be included on the Contractor List, provided such alternate contractors are at least as qualified as the contractors on Landlord’s original Contractor List, as reasonably determined by Landlorddefined below). If Tenant submits alternate contractors to be included on the Contractor ListTo that end, Landlord shall have the right to interview such alternate contractors within five (5) business days after receipt of the names provide Tenant with all scheduled construction pricing for review and contact information of such alternate contractors from Tenant. The parties agree that they shall mutually agree on a Contractor from the Contractor List by not later than the date that is five (5) business days following delivery of the Design Development Plan, provided that the Contractor, at a minimum, shall: (a) have experience with similar projects of similar size and scope in the vicinity of the Building, (b) have the ability to meet the deadlines for construction of the Initial Tenant Improvements as set forth in the Lease and this Appendix D, (c) have the ability to make an unconditional commitment that all necessary resources of the Contractor will be fully engaged to guaranty that the timely completion of the Initial Tenant Improvements, (d) have the reasonable ability to provide reasonable profit margins and overhead costs, and (e) have the ability to bond its work, if requestedanalysis.

Selection of Contractor. The Initial Tenant Improvements will be constructed by a general shall either (i) arrange for Landlord's contractor engaged to perform the work (in which case Landlord and Tenant shall negotiate regarding Landlord's charge for the work) or (ii) bid the project out to contractors approved by Landlord and approved by Tenant (the “Contractor”). Tenant acknowledges that Landlord submitted to Tenant the names of four (4) contractors it proposes to be the Contractor (the “Contractor List”)in writing in advance, as provided below. Tenant shall have the right furnish to interview each Landlord for Landlord's approval, which approval shall not be unreasonably withheld or delayed, a list of the Contractors any number of contractors selected by Tenant to bid on the Contractor List to determineAlterations that meet the requirements set forth in items (ii) (1) through (3) of Paragraph 9.c. Following Landlord's approval of Tenant's proposed contractors, among other matters, each Contractor’s proposed overhead, “general conditions” and fee structure, and within five (5) business days after receipt of the Contractor List from Landlord Tenant shall either approve provide bidding materials relevant to the contractors on the Contractor List or submit proposed Alteration simultaneously to Landlord the names and contact information to any number of alternate contractors to be included on the Contractor List, provided such alternate contractors are at least as qualified as the contractors on Landlord’s original Contractor List, as reasonably determined approved by Landlord. If Tenant submits alternate contractors to be included on the Contractor List, shall thereafter notify Landlord shall have the right to interview such alternate contractors within five of Tenant's preferred contractor (5"Tenant's Contractor") business days after receipt of the names and contact information of such alternate contractors from Tenant. The parties agree that they shall mutually agree on a Contractor from the Contractor List by not later than the date that is five (5) business days following delivery of the Design Development Plan, provided that the Contractor, at a minimum, shall: (a) have experience with similar projects of similar size and scope in the vicinity of the Building, (b) have the ability to meet the deadlines for construction of the Initial Alteration, which notice shall contain a copy of Tenant's Contractor's bid. Landlord, at Landlord's sole election, may cause Landlord's contractor to meet such bid, in which event Landlord's contractor shall construct the Alteration. Landlord shall have seven (7) days from its receipt from Tenant Improvements as set forth in the Lease and this Appendix D, (c) have the ability to make an unconditional commitment that all necessary resources of the Contractor bid Tenant would otherwise accept to advise Tenant of whether Landlord will be fully engaged match such bid. If Landlord does not perform the work pursuant to guaranty that the timely completion above, Tenant shall pay Landlord on demand prior to or during the course of such construction an amount equal to four percent (4%) of the Initial Tenant Improvements, total hard cost of the Alteration (dwhich hard cost shall not include permit fees) have (the reasonable ability "Alteration operations Fee") as compensation to provide reasonable profit margins Landlord for review of the plans and overhead costsspecifications for the Alteration, and (e) have for electrical energy consumed in connection with the ability to bond its work, if requestedfreight elevator operation, additional cleaning expenses, additional security services, and for other miscellaneous costs incurred by Landlord as result of the work; provided that Tenant shall not be required to pay an Alteration Operations Fee with respect to Alterations which cost less than $1,000 and do not require a building permit or other governmental permit.

Selection of Contractor. The Initial Immediately upon Tenant's approval of the Working Drawings, Landlord shall submit the Approved Working Drawings together with the Construction Contract and the Request for Proposal in connection with the construction of the Tenant Improvements will be constructed to three (3) EXHIBIT "B" -5- prospective general contractors selected by a Landlord, or at Tenant's election, two (2) prospective general contractor engaged contractors selected by Landlord and approved one (1) prospective general contractor selected by Tenant (such prospective general contractors, the “Contractor”"Bidding Contractors"). Tenant acknowledges that Landlord submitted to Tenant Upon receipt of such bids for the names of four (4) contractors it proposes to be general conditions and fee from such Bidding Contractors in connection with the Contractor (the “Contractor List”). Tenant shall have the right to interview each performance of the Contractors on the Contractor List to determineTenant Improvements, among other matters, each Contractor’s proposed overhead, “general conditions” and fee structure, and within five (5) business days after receipt of the Contractor List from Landlord Tenant shall either approve the contractors on the Contractor List or submit to Landlord the names and contact information of alternate contractors to be included on the Contractor List, provided such alternate contractors are at least as qualified as the contractors on Landlord’s original Contractor List, as reasonably determined by Landlord. If Tenant submits alternate contractors to be included on the Contractor List, Landlord shall have the right to interview such alternate contractors within five (5) business days after receipt of the names and contact information of such alternate contractors from Tenant. The parties agree that they shall mutually agree on a Contractor from the Contractor List by not but no later than the date that is five (5) business days following delivery specified in the Work Schedule, Landlord shall deliver a written recommendation to Tenant regarding which of the Design Development PlanBidding Contractors should be selected to perform the Landlord's Work, provided that which written recommendation shall specify the following cost estimates (the "Bid Estimate"): (i) the total amount of Tenant Improvement Costs to be incurred under the recommended bid in connection with the performance of the Landlord's Work and (ii) the total Excess Costs, if any, to be incurred in connection with such proposal in accordance with Section 2(a) above. Landlord shall use its best, good faith efforts to confer and advise Tenant regarding the selection of the Bidding Contractor, at a minimum, shall: (a) have experience with similar projects of similar size and scope . By no later than the date specified in the vicinity Work Schedule, Landlord and Tenant shall select a Bidding Contractor to perform the Landlord's Work required pursuant to this Work Letter Agreement, which Bidding Contractor shall be mutually acceptable to Landlord and Tenant (the "Contractor"). Promptly upon receipt of such notice, Landlord shall retain and engage the Building, (b) have Contractor and shall cause the ability Contractor to meet mobilize for the deadlines for construction of the Initial Tenant Improvements as set forth and commence the construction of the Tenant Improvements by no later than the date specified in the Lease and Work Schedule. After the engagement of Contractor by Landlord pursuant to this Appendix D, (c) have the ability to make an unconditional commitment that all necessary resources of the Contractor will be fully engaged to guaranty that the timely completion of the Initial Tenant Improvements, (d) have the reasonable ability to provide reasonable profit margins and overhead costs, and (e) have the ability to bond its workWork Letter Agreement, if requestedContractor subsequently requests any change order or amendment to the Construction Contract between Contractor and Landlord ("Change Order Request"), Landlord shall promptly forward such Change Order Request to Tenant and Landlord shall not execute or otherwise authorize any Change Order Request unless Tenant has approved such Change Order Request in writing, which approval may be withheld in Tenant's sole and absolute discretion exercised in good faith.

Selection of Contractor. The Initial Tenant Improvements will be constructed by Following completion of the Final Plans, Landlord shall solicit at least three (3) bids from sub- or trade contractors on an “open book” basis to prepare a general contractor engaged by Landlord and approved by Tenant good faith estimate of the cost of performing Landlord’s Work (the “ContractorEstimated Budget”), including the cost of obtaining necessary building permits and other permits, authorizations and approvals which may be required in connection with, or to satisfy all laws and codes applicable to, the construction of the Expansion Space Tenant Improvements. Tenant acknowledges that the Estimated Budget shall not be binding on Landlord submitted or the contractor. Tenant and Landlord shall jointly agree which contractors and subcontractors shall be allowed to Tenant the names of four (4) contractors it proposes bid or submit proposals, and which contractor and subcontractors shall perform Landlord’s Work, provided that any work required to be the Contractor (the “Contractor List”)performed on Building Systems shall be performed by subcontractors selected by Landlord. Such agreement shall not be unreasonably withheld or delayed by any party. Tenant shall have the right to interview each of the Contractors on the Contractor List to determine, among other matters, each Contractor’s proposed overhead, “general conditions” and fee structure, and within five two (5) business days after receipt of the Contractor List from Landlord Tenant shall either approve the contractors on the Contractor List or submit to Landlord the names and contact information of alternate contractors to be included on the Contractor List, provided such alternate contractors are at least as qualified as the contractors on Landlord’s original Contractor List, as reasonably determined by Landlord. If Tenant submits alternate contractors to be included on the Contractor List, Landlord shall have the right to interview such alternate contractors within five (5) business days after receipt of the names and contact information of such alternate contractors from Tenant. The parties agree that they shall mutually agree on a Contractor from the Contractor List by not later than the date that is five (52) business days following delivery of the Design Development PlanEstimated Budget to approve or reject the same. If Tenant disapproves the Estimated Budget, Tenant may request Landlord to secure additional bids from subcontractors, or Tenant may propose changes to the Final Plans to reduce construction costs, provided that any delay resulting from such process shall be a Tenant Delay to the Contractor, at a minimum, shall: extent such process extends longer than ten (a10) have experience with similar projects of similar size and scope in the vicinity days after delivery to Tenant of the Building, (b) have the ability to meet the deadlines for construction of the Initial Tenant Improvements as set forth in the Lease and this Appendix D, (c) have the ability to make an unconditional commitment that all necessary resources of the Contractor will be fully engaged to guaranty that the timely completion of the Initial Tenant Improvements, (d) have the reasonable ability to provide reasonable profit margins and overhead costs, and (e) have the ability to bond its work, if requestedEstimated Budget.