Common use of Tenant Modifications Clause in Contracts

Tenant Modifications. Any revisions, changes or additions to Landlord's Plans, the Modified Core Plans, the Base Building Improvements or the Modified Core Improvements required or requested by Tenant (or necessitated by applicable Legal Requirements due to Tenant's Plans) shall be subject to the prior written approval of Landlord, in its sole discretion. Any such changes approved by Landlord shall be a "Tenant Modification" hereunder. Before any Tenant Modifications are made, the incremental cost thereof, including architectural, engineering and special testing and/or inspection charges, any special permits or fees, and any added construction costs (including, without limitation, the Landlord's contractor's contracted percentage mark-xx for overhead and profit for such Tenant Improvements) without additional mark-xx from Landlord, shall be paid by Tenant in the same manner as payment of any amounts to be paid by Tenant pursuant to Paragraph 13(b). Landlord's contractor for the Base Building Improvements, or architect for the Modified Core Plans, as applicable, shall provide to Tenant a cost estimate to complete any Tenant Modification, together with any anticipated schedule change (which shall constitute Tenant Delay) and an itemized breakdown of costs and unit prices within twenty (20) days after receipt of Tenant's request for Tenant Modifications, and Tenant shall approve or disapprove such estimates within five (5) days of receipt of same, such disapproval constituting Tenant's withdrawal of its request for such Tenant Modification. If Tenant fails to inform Landlord within such 5-day period that Tenant desires to proceed with such Tenant Modification, Landlord shall not make such Tenant Modifications. All requests for Tenant Modifications shall be in writing and shall be on such AIA change order form as required by Landlord and/or Landlord's contractor. At Landlord's option, any particular Tenant Modification shall be made by change order to Landlord's construction contract, or included in the Construction Contract for Tenant's Tenant Improvements.

Tenant Modifications. Any revisions, changes to the Land Improvements or additions to Landlord's Plans, the Modified Core Plans, the Base Building Improvements or the Modified Core Improvements required or requested by Tenant (or necessitated and approved by applicable Legal Requirements due to Tenant's Plans) shall be subject to the prior written approval of Landlord, in its sole discretion. Any such changes approved by Landlord , shall be a defined herein as "Tenant Modification" hereunderModifications". Before The Tenant Modifications may include, without limitation, the following: (i) early installation of stub-ins for Tenant's electric, telephone and cable systems into the shell, plumbing gut lines, footings and embeds for Tenant-required structural items, and steel components related to Tenant's structural reinforcement and design; (ii) any changes to the Land Improvements or Base Building Improvements (including additional or different equipment and/or modification of the base irrigation system) necessary to allow the landscape irrigation system or any other system to use reclaimed, unpotable water from the underground remediation facilities; (iii) changes to building glass or other components of the Base Building Improvements; (iv) excavations and installation of components related to Tenant's elevators; and (v) changes to the Land Improvements, Base Building Improvements and/or Landlord's Plans that are necessitated by applicable legal or construction requirements due to Tenant's Plans, or that are otherwise requested by Tenant. All of Tenant's obligations hereunder with respect to Tenant Improvements shall be applicable to any Tenant Modifications are madeModifications, except as expressly provided herein. Tenant shall pay for the incremental cost thereofof any Tenant Modifications, and shall enter into a separate agreement with Devcon Construction ("Landlord's Contractor") for such work. Alternatively, Landlord may elect, for reasons of expediency and convenience, to add any specific Tenant Modification(s) to its construction contract for Base Building Improvements, in which event the applicable Tenant Modification(s) shall be treated as a separate "Change Order for Tenant Modification(s)" under Landlord's contract for the Land Improvements and/or Base Building Improvements. Tenant shall be responsible for all costs (which shall be evidenced by trade cost breakdowns by Landlord's Contractor) resulting from any Change Order for Tenant Modifications, including architectural, engineering and special testing and/or inspection charges, and any special permits or fees, and any added construction costs (including, without limitation, the Landlord's contractor's contracted percentage mark-xx for overhead and profit for such Tenant Improvements) without additional mark-xx from Landlord, shall be paid by Tenant in the same manner as payment of any amounts to be paid by Tenant pursuant to Paragraph 13(b). Landlord's contractor for the Base Building Improvements, or architect for the Modified Core Plans, as applicable, shall provide to Tenant a cost estimate to complete any Tenant Modification, together with any anticipated schedule change (which shall constitute Tenant Delay) and an itemized breakdown of costs and unit prices within twenty (20) days after receipt of Tenant's request for Tenant Modifications, and Tenant shall approve or disapprove such estimates within five (5) days of receipt of same, such disapproval constituting Tenant's withdrawal of its request for such Tenant Modification. If Tenant fails to inform Landlord within such 5-day period that Tenant desires to proceed with such Tenant Modification, Landlord shall not make such Tenant Modifications. All requests for Tenant Modifications shall be in writing and shall be on such AIA change order form as required by Landlord and/or Landlord's contractor. At Landlord's option, any particular Tenant Modification shall be made by change order to Landlord's construction contract, or included in the Construction Contract for Tenant's Tenant Improvements.or

Tenant Modifications. Any revisionsmodifications to the Shell Components and Core Components requested by Tenant other than those modifications related to matters over which Tenant has approval rights pursuant to Section 2.1 above, changes or additions and any such modifications subsequently requested by Tenant and approved by Landlord in its sole discretion during the course of construction pursuant to Landlord's Plansthis Section 2.5 (collectively, the Modified Core Plans, “Tenant Modifications”) shall be designed and constructed at Tenant’s sole cost and expense. If Tenant desires any Tenant Modifications to the Base Building Improvements Work from the final Base Building Plans in order to accommodate the Tenant Improvement Work, Tenant shall deliver a request in writing to Landlord for Landlord’s review and approval. Landlord’s construction representative shall review such Tenant Modification request and approve or deny such request within ten (10) Business Days after receipt of such request, and if such request is denied, shall state in writing the Modified Core Improvements required or reason for such denial. If such request is denied, then Landlord and Tenant shall meet and confer within five (5) Business Days to attempt to resolve any issues which they have as to such requested by Tenant (or necessitated by applicable Legal Requirements due to Tenant's Plans) Modification; provided that Landlord shall be subject to have the prior written approval of Landlord, final decision in its sole discretion. Any such changes approved by Landlord shall be a "discretion whether or not to proceed with the proposed Tenant Modification" hereunder. Before any Tenant Modifications are made, the incremental cost thereof, including architectural, engineering and special testing and/or inspection charges, any special permits or fees, and any added construction costs (including, without limitation, the Landlord's contractor's contracted percentage mark-xx for overhead and profit for such Tenant Improvements) without additional mark-xx from Landlord, shall be paid by Tenant in the same manner as payment of any amounts to be paid by Tenant pursuant to Paragraph 13(b). Landlord's contractor for the Base Building Improvements, or architect for the Modified Core Plans, as applicable, shall provide to Tenant a cost estimate to complete any Tenant Modification, together with any anticipated schedule change (which shall constitute Tenant Delay) and an itemized breakdown of costs and unit prices within twenty (20) days after receipt of If Landlord approves Tenant's ’s request for Tenant Modifications, Landlord shall prepare and deliver to Tenant an estimate of the incremental increased cost of designing and constructing such modifications, if any (the “Modification Costs”). Tenant shall approve or disapprove such estimates within have five (5) days of Business Days after receipt of same, such disapproval constituting Tenant's withdrawal of estimate to revoke its request for the proposed Tenant Modifications by written notice to Landlord or to request that Landlord modify such Tenant ModificationModification to reduce the Modification Costs. Actual Modification Costs paid to third parties shall be deducted from the Tenant Improvement Allowance, such that the Tenant Improvement Allowance shall be reduced by the total amount of all Modification Costs. Tenant shall have no right to any further Tenant Modifications once the Tenant Improvement Allowance has been fully paid by Landlord unless Tenant agrees to pay Landlord for such costs as and when invoices for such costs are delivered to Tenant by Landlord or the Base Building Contractor. If Tenant fails Modifications delay Substantial Completion of the Shell Components or Core Components, Substantial Completion shall be deemed to inform Landlord within such 5-day period that Tenant desires to proceed with such Tenant Modification, Landlord shall not make such have occurred on the date Substantial Completion would have occurred but for the Tenant Modifications. All requests for Tenant Modifications shall be in writing and shall be on such AIA change order form as required by Landlord and/or Landlord's contractor. At Landlord's option, any particular Tenant Modification shall be made by change order to Landlord's construction contract, or included in the Construction Contract for Tenant's Tenant Improvements.

Tenant Modifications. Any revisionschanges to the exterior appearance of the Building are within the sole discretion of the Landlord. Any modifications to the Shell Components and Core Components requested by Tenant and approved by Landlord in its sole discretion prior to or during the course of construction pursuant to this Section 2.5 (collectively, changes or additions “Tenant Modifications”) shall be designed and constructed at Tenant’s sole cost and expense. If Tenant desires any Tenant Modifications to Landlord's Plans, the Modified Shell Components and Core Plans, Components from the Base Building Improvements Construction Drawings in order to accommodate the Tenant Improvement Work, Tenant shall deliver a request in writing to Landlord for Landlord’s review and approval. Landlord’s construction representative shall review such Tenant Modification request and approve or deny such request within ten (10) Business Days after receipt of such request, and if such request is denied, shall state in writing the Modified Core Improvements required or reason for such denial. If such request is denied, then Landlord and Tenant shall meet and confer within five (5) Business Days to attempt to resolve any issues which they have as to such requested by Tenant (or necessitated by applicable Legal Requirements due to Tenant's Plans) Modification; provided that Landlord shall be subject to have the prior written approval of Landlord, final decision in its sole discretion. Any such changes approved by Landlord shall be a "discretion whether or not to proceed with the proposed Tenant Modification" hereunder. Before any Tenant Modifications are made, the incremental cost thereof, including architectural, engineering and special testing and/or inspection charges, any special permits or fees, and any added construction costs (including, without limitation, the Landlord's contractor's contracted percentage mark-xx for overhead and profit for such Tenant Improvements) without additional mark-xx from Landlord, shall be paid by Tenant in the same manner as payment of any amounts to be paid by Tenant pursuant to Paragraph 13(b). Landlord's contractor for the Base Building Improvements, or architect for the Modified Core Plans, as applicable, shall provide to Tenant a cost estimate to complete any Tenant Modification, together with any anticipated schedule change (which shall constitute Tenant Delay) and an itemized breakdown of costs and unit prices within twenty (20) days after receipt of If Landlord approves Tenant's ’s request for Tenant Modifications, Landlord shall prepare and deliver to Tenant an estimate of the incremental increased cost of designing and constructing such modifications, if any (the “Modification Costs”). Tenant shall approve or disapprove such estimates within have five (5) days of Business Days after receipt of same, such disapproval constituting Tenant's withdrawal of estimate to revoke its request for the proposed Tenant Modifications by written notice to Landlord or to request that Landlord modify such Tenant ModificationModification to reduce the Modification Costs. Actual Modification Costs paid to third parties shall be deducted from the Tenant Improvement Allowance, such that the Tenant Improvement Allowance shall be reduced by the total amount of all Modification Costs. Tenant shall have no right to any further Tenant Modifications once the Tenant Improvement Allowance has been fully paid by Landlord unless Tenant agrees to pay Landlord for such costs as and when invoices for such costs are delivered to Tenant by Landlord or the Base Building Contractor. If Tenant fails Modifications delay Substantial Completion of the Base Building Work, Substantial Completion shall be deemed to inform Landlord within such 5-day period that Tenant desires to proceed with such Tenant Modification, Landlord shall not make such have occurred on the date Substantial Completion would have occurred but for the Tenant Modifications. All requests for Tenant Modifications shall be in writing and shall be on such AIA change order form as required by Landlord and/or Landlord's contractor. At Landlord's option, any particular Tenant Modification shall be made by change order to Landlord's construction contract, or included in the Construction Contract for Tenant's Tenant Improvements.

Tenant Modifications. Any revisions, changes to the Land Improvements or additions to Landlord's Plans, the Modified Core Plans, the Base Building Improvements or the Modified Core Improvements required or requested by Tenant (or necessitated and approved by applicable Legal Requirements due to Tenant's Plans) shall be subject to the prior written approval of Landlord, in its sole discretion. Any such changes approved by Landlord , shall be a defined herein as "Tenant Modification" hereunderModifications". Before The Tenant Modifications may include, without limitation, the following: (i) certain recreational facilities (including sport courts and facilities) to be located on portions of the Common Area, including the Recreational Facilities; (ii) early installation of stub-ins for Tenant's electric, telephone and cable systems into the shell, plumbing gut lines, footings and embeds for Tenant-required structural items, and steel components related to Tenant's structural reinforcement and design; (iii) any changes to the Land Improvements or Base Building Improvements (including additional or different equipment and/or modification of the base irrigation system) necessary to allow the landscape irrigation system or any other system to use reclaimed, unpotable water from the underground remediation facilities; (iv) changes to building glass or other components of the Base Building Improvements; (v) excavations and installation of components related to Tenant's elevators; and (vi) changes to the Land Improvements, Base Building Improvements and/or Landlord's Plans that are necessitated by applicable legal or construction requirements due to Tenant's Plans, or that are otherwise requested by Tenant. All of Tenant's obligations hereunder with respect to Tenant Improvements shall be applicable to any Tenant Modifications are madeModifications, except as expressly provided herein. Tenant shall pay for the incremental cost thereofof any Tenant Modifications, and shall enter into a separate agreement with Devcon Construction ("Landlord's Contractor") for such work. Alternatively, Landlord may elect, for reasons of expediency and convenience, to add any specific Tenant Modification(s) to its construction contract for Base Building Improvements, in which event the applicable Tenant Modification(s) shall be treated as a separate "Change Order for Tenant Modification(s)" under Landlord's contract for the Land Improvements and/or Base Building Improvements. Tenant shall be responsible for all costs (which shall be evidenced by trade cost breakdowns by Landlord's Contractor) resulting from any Change Order for Tenant Modifications, including architectural, engineering and special testing and/or inspection charges, and any special permits or fees, and . Tenant shall reimburse Landlord for the full costs incurred by Landlord in connection with any added construction costs (including, without limitation, the Landlord's contractor's contracted percentage mark-xx for overhead and profit for such Tenant Improvements) without additional mark-xx from Landlord, Change Order. Such payments shall be paid by Tenant in the same manner as payment made based on progress of any amounts to be paid by Tenant pursuant to Paragraph 13(b). Landlord's contractor for the Base Building Improvementswork, or architect for the Modified Core Plans, as applicable, shall provide to Tenant a cost estimate to complete any Tenant Modification, together with any anticipated schedule change (which shall constitute Tenant Delay) and an itemized breakdown of costs and unit prices within twenty (20) days of receipt of a xxxx from Landlord together with reasonably satisfactory documentation that the work covered by such xxxx has been substantially complete. Upon completion of the Tenant Improvements, Landlord shall reimburse Tenant for any net cost savings realized by Landlord on its contract for Base Building Improvements and/or Land Improvements which were attributable to Change Orders for Tenant Modifications. Such reimbursement shall be made within thirty (30) days after receipt of Tenant's request for Tenant Modifications, billing and Tenant shall approve or disapprove such estimates within five (5) days of receipt of same, such disapproval constituting Tenant's withdrawal of its request for such Tenant Modification. If Tenant fails to inform Landlord within such 5-day period that Tenant desires to proceed with such Tenant Modification, Landlord shall not make such Tenant Modifications. All requests for Tenant Modifications shall be in writing and shall be on such AIA change order form as required by Landlord and/or Landlord's contractor. At Landlord's option, any particular Tenant Modification shall be made by change order to Landlord's construction contract, or included in the Construction Contract for Tenant's Tenant Improvementsdocumentation.