Common use of Selection of General Contractor Clause in Contracts

Selection of General Contractor. As soon as reasonably practicable following the later to occur of Landlord and Tenant’s approval of the Phase I Working Drawings and the Preliminary Phase II Budget & Schedule but in any event no later than the date which is five (5) business days following such approval, Landlord shall seek competitive bids from DPR Construction, Xxxxxx Building Corporation, XXXX Construction and Caliber Construction for the cost of constructing the Work (to be completed on or before October 15, 2004). Landlord shall request that each bid include a provision providing for liquidated damages in the approximate amount of Two Thousand Dollars ($2,000.00) per day for each day after November 1, 2004 that the New Premises are not Substantially Completed until the day before the date on which the Phase I Work is Substantially Completed, such sum to be passed through from Landlord to Tenant; provided, however, if all of the contractors indicate that such liquidated damages provision is not commercially reasonable or economically feasible, Landlord shall be under no obligation to provide a liquidated damages clause in the contract with the general contractor selected to perform the Work. At the completion of the bidding process, Landlord shall submit to Tenant copies of all bids received and a trade by trade comparison analysis of each bidder’s proposal. Landlord and Tenant shall select the general contractor to perform the Work. Landlord and Tenant shall make such selection based on the following criteria: (i) lowest qualified cost to complete the Work, (ii) completion schedule, (iii) the reputation and experience of the contractor’s specific team assembled for this project, and in constructing the type of improvements which Tenant contemplates installing in the Premises, and (iv) Landlord’s prior experience with such general contractor in providing first class materials and/or service to the Complex. If after receipt of all bids, the estimated cost of the Work, including architectural and engineering, construction management, permits, cabling and other items included within the Phase I Working Drawings and the Preliminary Phase II Budget & Schedule exceed the Construction Allowance, Tenant may select the contractor in its sole discretion. If after receipt of the bids, the estimated cost for the Work is equal to or less than the Construction Allowance, Landlord shall be entitled to make the selection of the Contractor provided the bid of the contractor selected called for Substantial Completion of the Phase I Work on or before October 15, 2004. The contractor selected is hereinafter referred to as the “Contractor”.

Selection of General Contractor. As soon A. Bids and Selection of General Contractor and Subcontractors. The ----------------------------------------------------------- parties hereby approve the retention of San Xxxx Construction Company, Inc. as reasonably practicable following the later general contractor (the "General Contractor") for the construction of the Tenant Improvements, on terms and conditions to occur be approved by both parties, which terms shall include a maximum payment for overhead and profit to the General Contractor of two and one-half percent (2-1/2%) of the Approved Tenant Improvement Cost, as defined below. General Contractor, shall solicit bids from at least three (3) qualified, licensed subcontractors for certain Major Subcontracts, as defined below, in each case approved by Landlord and Tenant’s . For purposes of the preceding sentence, Major Subcontracts shall mean the following: drywall, paint and carpet. Each final bid from the prospective subcontractors shall include a guaranteed maximum contract price (including materials and labor supplied in connection with the Tenant Improvements). All bids shall be subject to the prior review and written approval of Tenant and Landlord, such approval or disapproval to be provided by Tenant to Landlord within three (3) business days after receipt of preliminary and final bids by Tenant. Landlord and Tenant shall attempt to revise the Phase I Working Drawings and the Preliminary Phase II Budget & Schedule but in any event prospective bids so that a mutually acceptable bid has been received within no later more than the date which is five (5) business days following such approval, Landlord shall seek competitive bids after the initial notice of disapproval from DPR Construction, Xxxxxx Building Corporation, XXXX Construction and Caliber Construction for the cost Tenant. The sum of constructing the Work (to be completed on or before October 15, 2004). Landlord shall request that each bid include a provision providing for liquidated damages in the approximate amount of Two Thousand Dollars ($2,000.00) per day for each day after November 1, 2004 that the New Premises are not Substantially Completed until the day before the date on which the Phase I Work is Substantially Completed, such sum to be passed through from Landlord to Tenant; provided, however, if all of the contractors indicate that such liquidated damages provision is not commercially reasonable or economically feasible, Landlord shall be under no obligation to provide a liquidated damages clause in the contract with the general contractor selected to perform the Work. At the completion of the bidding process, Landlord shall submit to Tenant copies of all bids received and a trade by trade comparison analysis of each bidder’s proposal. Landlord and Tenant shall select the general contractor to perform the Work. Landlord and Tenant shall make such selection based on the following criteria: (i) lowest qualified cost to complete the Workapproved bids, (ii) completion schedulethe design-build costs, incurred for mechanical, electrical and plumbing improvements, (iii) the reputation and experience of compensation payable to the contractor’s specific team assembled for General Contractor pursuant to this project, and in constructing the type of improvements which Tenant contemplates installing in the PremisesParagraph 3.A, and (iv) Landlord’s prior experience with such general contractor in providing first class materials and/or service to the Complex. If after receipt additional costs of all bids, constructing the estimated cost of the Work, including architectural Tenant Improvements as reviewed and engineering, construction management, permits, cabling approved by Landlord and other items included within the Phase I Working Drawings and the Preliminary Phase II Budget & Schedule exceed the Construction Allowance, Tenant may select the contractor in its sole discretion. If after receipt of the bids, the estimated cost for the Work is equal to or less than the Construction Allowance, Landlord shall be entitled to make the selection of the Contractor provided the bid of the contractor selected called for Substantial Completion of the Phase I Work on or before October 15, 2004. The contractor selected is hereinafter referred to herein as the “Contractor”Approved Tenant Improvement Cost.

Selection of General Contractor. Lessor intends to use ACT as a general contractor to construct the Work (the “General Contractor”), which was selected through a competitive bidding process. As soon as reasonably practicable practicable, General Contractor shall cause to be prepared, and delivered to Lessor and Lessee, a cost estimate for the Work, separately identifying costs of (1) the Warm Shell Work, and (2) the Market Ready Improvements and the Tenant Improvements, collectively. Lessor and Lessee shall cooperate to achieve efficiencies in the cost of the Work and to value-engineer the cost of the Work and shall confer and negotiate in good faith to reach agreement on a Final Budget for the Work (such approved budget, the “Final Budget”). Lessor shall enter into a construction contract with the General Contractor (the “Construction Contract”) in the amount of the Final Budget. Lessor shall provide Lessee with a copy of the proposed Construction Contract prior to execution for Lessee’s approval and shall provide Lessee with a copy of the approved Construction Contract following the later to occur of Landlord and Tenantexecution thereof with General Contractor. Lessee’s approval of the Phase I Working Drawings and the Preliminary Phase II Budget & Schedule but in Construction Contract shall not be unreasonably withheld, conditioned, or delayed. If Lessee objects to any event no later than the date which is five (5term(s) business days following such approval, Landlord shall seek competitive bids from DPR Construction, Xxxxxx Building Corporation, XXXX Construction and Caliber Construction for the cost of constructing the Work (to be completed on or before October 15, 2004). Landlord shall request that each bid include a provision providing for liquidated damages in the approximate amount of Two Thousand Dollars ($2,000.00) per day for each day after November 1, 2004 that the New Premises are not Substantially Completed until the day before the date on which the Phase I Work is Substantially Completed, such sum to be passed through from Landlord to Tenant; provided, however, if all of the contractors indicate that proposed Construction Contract, Lessee shall promptly work with Lessor to resolve such liquidated damages provision is concerns so as not commercially reasonable or economically feasible, Landlord shall be under no obligation to provide a liquidated damages clause in the contract with the general contractor selected to perform delay Substantial Completion of the Work. At Lessee’s failure to timely approve the completion Construction Contract shall be a Tenant Delay. Notwithstanding the foregoing, Lessee shall have the right to direct Lessor in writing to terminate the General Contractor’s work on the Market Ready Improvements and the Tenant Improvements and to select an alternate contractor to complete Market Ready Improvements and the Tenant Improvements, but shall have no right to direct Lessor to terminate the General Contractor’s performance of the bidding process, Landlord shall submit to Tenant copies of all bids received and a trade by trade comparison analysis of each bidder’s proposal. Landlord and Tenant shall select the general contractor to perform the Warm Shell Work. Landlord and Tenant shall make such selection based on the following criteria: (i) lowest qualified cost to complete the Work, (ii) completion schedule, (iii) the reputation and experience Any delay in Substantial Completion of the contractorWork caused by Lessee’s specific team assembled for exercise of this projecttermination right, and in constructing the type including without limitation delay caused by selection of improvements which Tenant contemplates installing in the Premises, and (iv) Landlord’s prior experience with such an alternate contractor and/or delay caused by having two general contractor in providing first class materials and/or service to the Complex. If after receipt of all bids, the estimated cost contractors completing different portions of the Work, shall be deemed to be a Tenant Delay. In the event that Lessee elects to terminate the General Contractor, Lessee further agrees that it will reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including architectural and engineeringattorneys’ fees) which Lessor may suffer or incur by reason of Lessee’s election to terminate the General Contractor, construction management, permits, cabling and other items included within including without limitation Lessor’s defense of a breach of contract action by the Phase I Working Drawings and General Contractor for wrongful termination. Lessee further agrees that Lessee shall be solely responsible to reimburse Lessor for any increases in the Preliminary Phase II Budget & Schedule exceed the Construction Allowance, Tenant may select the contractor in its sole discretion. If after receipt of the bids, the estimated cost for costs to complete the Work is equal due to or less than Lessee’s election to terminate the Construction Allowance, Landlord shall be entitled to make the selection of the Contractor provided the bid of the contractor selected called for Substantial Completion of the Phase I Work on or before October 15, 2004. The contractor selected is hereinafter referred to as the “General Contractor”.

Selection of General Contractor. As soon A minimum of three (3) general contractors approved in advance by Landlord shall be permitted to bid the Tenant Improvement Work. All contractors invited to bid shall have the following qualifications: (1) be licensed; (2) be bondable; (3) be financially capable of performing the Tenant Improvement Work; (4) have expertise in constructing improvements such as reasonably practicable following the later to occur of Landlord those contemplated hereunder; and Tenant’s approval of the Phase I Working Drawings and the Preliminary Phase II Budget & Schedule but in any event no later than the date which is five (5) business days following have the ability to comply with Landlord's minimum insurance requirements; and (6) have the ability to undertake such approvalwork in the general vicinity of the Expansion Space within the estimated time period desired by Landlord and Tenant (all such bids being referred to hereinafter as "Qualified Bids"). Tenant shall solicit Qualified Bids from the approved contractors and Landlord and Tenant shall review the bids and shall mutually select the contractor from the approved bid list to act as general contractor for the construction of the Tenant Improvements. Notwithstanding the foregoing, so long as Landlord is satisfied that RMC Facilities Services, Inc. ("RMC") meets the foregoing requirements, Landlord hereby approves RMC as the general contractor for the Tenant Improvement Work. Notwithstanding anything to the contrary contained herein, for any work involving the mechanical, electrical and/or fire/life/safety systems of the Building (the "Critical Systems"), Tenant shall only use Landlord's designated contractors, provided that the services of such contractors may be obtained at market rates for such services. If Landlord requires Tenant to use such designated contractors, Landlord shall seek competitive bids from DPR Construction, Xxxxxx Building Corporation, XXXX Construction and Caliber Construction cause such contractors to charge Tenant for such work an amount equal to the lower of the cost such contractors charge Landlord for similar work performed for Landlord's own account, or the cost that comparable first class, reputable, and reliable contractors would have charged Tenant if selected pursuant to competitive bidding procedures. To the extent Tenant incurs increased design or construction costs because of constructing the Work (to be completed on untimeliness of, or before October 15, 2004). Landlord shall request that each bid include a provision providing for liquidated damages in the approximate amount of Two Thousand Dollars ($2,000.00) per day for each day after November 1, 2004 that the New Premises are not Substantially Completed until the day before the date on which the Phase I Work is Substantially Completederrors or omissions committed by any such contractors, such sum to increased costs will be passed through from reimbursed by Landlord to TenantTenant within thirty (30) Business Days of receipt of an invoice from Tenant documenting and evidencing such costs and such reimbursement shall be in addition to, and shall not be deducted from, the Allowance; provided, however, that Tenant shall assign to Landlord all claims against such contractors, if all any, to enable Landlord to seek reimbursement of such costs against such contractors. Should Tenant engage contractors other than those designated by Landlord for work on the contractors indicate that such liquidated damages provision is Critical Systems, Tenant shall not commercially reasonable or economically feasible, Landlord shall do anything nor permit any work to be under no obligation to provide a liquidated damages clause performed in the contract with the general contractor selected to perform the Work. At the completion violation of the bidding process, Landlord shall submit any warranties in force (which have been provided to Tenant copies of all bids received and a trade by trade comparison analysis of each bidder’s proposal. Landlord and Tenant shall select the general contractor to perform the Work. Landlord and Tenant shall make such selection based on the following criteria: (i) lowest qualified cost to complete the Work, (ii) completion schedule, (iii) the reputation and experience of the contractor’s specific team assembled for this project, and in constructing the type of improvements which Tenant contemplates installing in the Premises, and (iv) Landlord’s prior experience with such general contractor in providing first class materials and/or service to the Complex. If after receipt date of all bids, this Amendment) with respect to the estimated cost of the Work, including architectural and engineering, construction management, permits, cabling and other items included within the Phase I Working Drawings and the Preliminary Phase II Budget & Schedule exceed the Construction Allowance, Tenant may select the contractor in its sole discretion. If after receipt of the bids, the estimated cost for the Work is equal to or less than the Construction Allowance, Landlord shall be entitled to make the selection of the Contractor provided the bid of the contractor selected called for Substantial Completion of the Phase I Work on or before October 15, 2004. The contractor selected is hereinafter referred to as the “Contractor”Critical Systems.

Selection of General Contractor. As soon as reasonably practicable following the later to occur of Landlord and Tenant’s approval Tenant hereby agree on the following list of general contractors: Shawmut, Xxx Xxxxxxx, Commodore, Xxxxxx, and Structuretone. Landlord and Tenant agree not to unreasonably withhold, delay or condition their consent to a change in such list requested by the Phase I Working Drawings and the Preliminary Phase II Budget & Schedule but in any event no later than the date which is five (5) business days following such approval, Landlord shall seek competitive bids from DPR Construction, Xxxxxx Building Corporation, XXXX Construction and Caliber Construction for the cost of constructing the Work (to be completed other party on or before October 1525, 20042010. Such list, as so modified if applicable, shall be called the “Final List”. On or before the “RFP Submission Date” set forth in Exhibit B-2, Landlord shall submit an RFP to the general contractors on the Final List, together with the space plans and specifications attached hereto as Exhibit J. The RFP shall ask each general contractor to specify, based on the material provided, (i) a budget to complete the work shown on the plan (that is, the amount (which may be stated as a percentage) such general contractor would charge for General Conditions, profit and overhead above the total cost of subcontractor bids for the work), and (ii) the amount of time that the general contractor estimates would be required to complete the work (“Completion Time”). Landlord shall request promptly communicate the response (“RFP Response”) that it receives from each bid include a provision providing for liquidated damages in the approximate amount of Two Thousand Dollars ($2,000.00) per day for each day after November 1, 2004 that the New Premises are not Substantially Completed until the day before the date on which the Phase I Work is Substantially Completed, such sum to be passed through from Landlord general contractor to Tenant; provided, howeverand shall consult with Tenant about the merits of the RFP Responses in an effort to reach mutual agreement on the selection of the general contractor for the performance of the Tenant Improvement Work. However, if all of the contractors indicate that such liquidated damages provision is parties do not commercially reasonable or economically feasibleagree, Landlord shall be under no obligation entitled, without Tenant’s consent, to provide a liquidated damages clause in the contract with choose the general contractor selected to perform with the Work. At the completion lowest cost RFP Response or any RFP Response that is within ten percent (10%) of the bidding processlowest cost RFP Response (any such RFP Response, Landlord shall submit to Tenant copies of all bids received and a trade by trade comparison analysis of each bidder’s proposal“Low GC Bid”). Landlord and Tenant shall select the general contractor to perform the Work. Landlord and Tenant shall make such selection based on the following criteria: (i) lowest qualified cost to complete the Work, (ii) completion schedule, (iii) the reputation and experience If none of the contractor’s specific team assembled for this project, and in constructing the type Low GC Bid(s) includes a Completion Time of improvements which Tenant contemplates installing in the Premises, and twenty-one (iv21) Landlord’s prior experience with such general contractor in providing first class materials and/or service to the Complex. If after receipt of all bids, the estimated cost of the Work, including architectural and engineering, construction management, permits, cabling and other items included within the Phase I Working Drawings and the Preliminary Phase II Budget & Schedule exceed the Construction Allowance, Tenant may select the contractor in its sole discretion. If after receipt of the bids, the estimated cost for the Work is equal to weeks or less than the Construction Allowanceless, Landlord shall be entitled to make eliminate those RFP Responses which propose a Completion Time of more than twenty-one (21) weeks, and select a Low GC Bid from the selection remaining bids. If Landlord desires to choose a general contractor other than one with a Low GC Bid, Tenant’s consent shall be required as hereinafter provided. Landlord shall provide Tenant with the reasons that it desires to do so, and Tenant’s consent thereto shall not be unreasonably withheld, conditioned or delayed. In this manner, the general contractor for the performance of the Contractor provided the bid of the contractor Tenant Improvement Work (“Approved GC”) shall be selected called for Substantial Completion of the Phase I Work on or before October 15, 2004. The contractor selected is hereinafter referred to as the “Contractor”GC Selection Date” set forth in Exhibit B-2.