Common use of Tenant Changes to the Plans Clause in Contracts

Tenant Changes to the Plans. 1. Tenant may propose one or more changes to the Plans to Landlord at any time before the Substantial Completion Date (as defined below), and, as promptly as reasonably practicable after the receipt and approval thereof by Landlord (which approval may be withheld in Landlord’s reasonable discretion), Landlord shall provide Tenant with a written estimate of the delay (if any) in the Substantial Completion Date (which delay shall be a Tenant Delay as defined below) and the additional cost (if any) to complete the Tenant Improvements which will result from such change (whether hard costs or soft costs), which costs shall include, without limitation: (i) the actual cost of all materials, supplies, equipment and labor used or supplied in making the proposed change, including general conditions and any contractor’s fees; (ii) any architect and engineer fees; (iii) a construction management fee payable to Landlord equal to five percent (5%) of such additional costs; and (iv) any actual out of pocket costs and expenses resulting from a Tenant Delay and the extended construction period (if any) as such cost arises from impacts to the Building systems or adjacent tenants of the Building (collectively, “Change Order Costs”). If Tenant fails to approve the estimate of Change Order Costs within three (3) business days after delivery of same, Tenant shall be deemed to have abandoned its request for such change, and the Tenant Improvements shall be constructed substantially in accordance with the then existing Plans. If Tenant approves the estimate of Change Order Costs within said 3-day period by signing and returning a copy of Landlord’s estimate, Landlord shall cause the Tenant Improvements to be constructed substantially in accordance with the Plans as so revised. Unless requested in writing by Tenant to the contrary, Landlord shall continue with construction of the Tenant Improvements according to the then existing Plans during the pendency of any proposed change in the Plans until such change is approved by Landlord and Tenant as provided above. Any delay resulting from a halt in construction requested in writing by Tenant shall constitute a Tenant Delay.

Tenant Changes to the Plans. 1. (i) Tenant may propose one or more changes to the Plans to Landlord at any time before the Substantial Completion Date (as defined below), and, as promptly as reasonably practicable after the receipt and approval thereof by Landlord (which approval may be withheld in Landlord’s reasonable discretion), Landlord shall provide Tenant with a written estimate of the delay (if any) in the Substantial Completion Date (which delay shall be a Tenant Delay [as defined below]) and the additional cost (if any) to complete the Tenant Improvements which will result from such change (whether hard costs or soft costs), which costs shall include, without limitation: (iA) the actual cost of all materials, supplies, equipment and labor used or supplied in making the proposed change, including general conditions and any contractor’s fees; (iiB) any architect and engineer fees; and (iiiC) a construction management fee payable to Landlord equal to five fifteen percent (515%) of such additional costs; and (iv) any actual out of pocket costs and expenses resulting from a Tenant Delay and the extended construction period (if any) as such cost arises from impacts to the Building systems or adjacent tenants of the Building (collectively, “Change Order Costs”). If Tenant fails to approve the estimate of Change Order Costs within three five (35) business days after delivery of same, Tenant shall be deemed to have abandoned its request for such change, and the Tenant Improvements shall be constructed substantially in accordance with the then existing Plans. If Tenant approves the estimate of Change Order Costs within said 35-day period by signing and returning a copy of Landlord’s estimate, Landlord shall cause the Tenant Improvements to be constructed substantially in accordance with the Plans as so revised. Unless requested in writing by Tenant to the contrary, Landlord shall continue with construction of the Tenant Improvements according to the then existing Plans during the pendency of any proposed change in the Plans until such change is approved by Landlord and Tenant as provided above. Any delay resulting from a halt in construction requested in writing by Tenant shall constitute a Tenant Delay.

Tenant Changes to the Plans. 1. (a) (a) Tenant may propose one or more changes to the Plans to Landlord at any time before the Substantial Completion Date (as defined below), and, as promptly as reasonably practicable after the receipt and approval thereof by Landlord (which approval may be withheld in Landlord’s reasonable 's sole discretion), Landlord shall provide Tenant with a written estimate of the delay (if any) in the Substantial Completion Date (which delay shall be a Tenant Delay as defined below) and the additional cost (if any) to complete the Tenant Improvements which will result from such change (whether hard costs or soft costs), which costs shall include, without limitation: (i) the actual cost of all materials, supplies, equipment and labor used or supplied in making the proposed change, including general conditions and any contractor’s 's fees; (ii) any architect and engineer fees; and (iii) a construction management fee payable to Landlord equal to five percent (5%) of such any other additional costs; and (iv) any actual out of pocket reasonable costs and expenses resulting from a Tenant Delay of owning and operating the Premises during the extended construction period (if any) as resulting from such cost arises from impacts to the Building systems or adjacent tenants of the Building change(s) (collectively, “"Change Order Costs”"). If Tenant fails to approve the estimate of Change Order Costs within three five (35) business days after delivery of same, Tenant shall be deemed to have abandoned its request for such change, and the Tenant Improvements shall be constructed substantially in accordance with the then existing Plans. If Tenant approves the estimate of Change Order Costs within said 35-day period by signing and returning a copy of Landlord’s 's estimate, Landlord shall cause the Tenant Improvements to be constructed substantially in accordance with the Plans as so revised. Unless requested in writing by Tenant to the contrary, Landlord shall continue with construction of the Tenant Improvements according to the then existing Plans during the pendency of any proposed change in the Plans until such change is approved by Landlord and Tenant as provided above. Any delay resulting from a halt in construction requested in writing by Tenant shall constitute a Tenant Delay.

Tenant Changes to the Plans. 1. Tenant may propose one or more changes to the Plans to Landlord at any time before the Substantial Completion Date (as defined below), and, as promptly as reasonably practicable after the receipt and approval thereof by Landlord (which approval may be withheld in Landlord’s reasonable sole discretion), Landlord shall provide Tenant with a written estimate of the delay (if any) in the Substantial Completion Date (which delay shall be a Tenant Delay [as defined below]) and the additional cost (if any) to complete the Tenant Improvements which will result from such change (whether hard costs or soft costs), which costs shall include, without limitation: (i) the actual cost of all materials, supplies, equipment and labor used or supplied in making the proposed change, including general conditions and any contractor’s fees; (ii) any architect and engineer fees; (iii) a construction management contractor’s fee payable pursuant to Landlord equal to five percent (5%) of such additional coststhe General Contractor Agreement set forth in Schedule 7; and (iv) any actual out of pocket other additional costs and expenses resulting from a Tenant Delay of owning and operating the Premises during the extended construction period (if any) as resulting from such cost arises from impacts to the Building systems or adjacent tenants of the Building (collectively, “Change Order Costs”change(s). If Tenant fails to approve the estimate of Change Order Costs within three five (35) business days after delivery of same, Tenant shall be deemed to have abandoned its request for such change, and the Tenant Improvements shall be constructed substantially in accordance with the then existing Plans. If Tenant approves the estimate of Change Order Costs within said 35-day period by signing and returning a copy of Landlord’s estimate, Landlord shall cause the Tenant Improvements to be constructed substantially in accordance with the Plans as so revised. If and to the extent there are actual increased costs due to Tenant’s changes in the Plans, such amount shall be charged as a Tenant Improvement cost per Paragraph 1 of this Work Letter and if the total Tenant Improvement costs thereby exceed One Million Two Hundred Seven and No/100 Dollars ($1,207,000.00), then Tenant shall pay such amount to Landlord within thirty (30) days after Tenant’s receipt of demand therefor. Unless requested in writing by Tenant to the contrary, Landlord shall continue with construction of the Tenant Improvements according to the then existing Plans during the pendency tendency of any proposed change in the Plans until such change is approved by Landlord and Tenant as provided above. Any delay resulting from a halt in construction requested in writing by Tenant shall constitute a Tenant Delay. If Tenant approves Landlord’s estimate of the time and cost of a proposed change to the Plans: (a) Tenant shall be liable for the actual cost of such change, whether or not such actual cost exceeds Landlord’s estimate, and (b) Landlord shall not be liable for any delay in the Substantial Completion Date resulting from the requested change, whether or not the delay exceeds Landlord’s estimate, and any such delay shall be a Tenant Delay. Upon Tenant’s request, Landlord shall provide Tenant with reasonable evidence of the actual cost of such change and the basis for any delay in the Substantial Completion Date resulting from such change. If Tenant requests a change to the Plans pursuant to this Section 3.1, and Tenant does not ultimately approve the resulting revised Plans or estimate, Tenant shall promptly reimburse Landlord, as Additional Rent, for any reasonable costs and expenses resulting from such requested changes incurred by Landlord.