Common use of Tenant’s Approval and Nature of Cost Estimates Clause in Contracts

Tenant’s Approval and Nature of Cost Estimates. If Tenant timely requests cost estimates as described in clause (b) above, or if Landlord otherwise so requires, Landlord shall request Tenant’s written approval of any such cost estimate hereunder. Tenant shall not unreasonably withhold such approval, and shall approve or disapprove the same in writing within three (3) business days after Landlord so requests. If Tenant reasonably disapproves of any such estimate, Tenant shall meet with the Architect and eliminate or substitute items in order to reduce Tenant’s Cost in connection with preparing a revised version of the Plans as a Change Order pursuant to Section V above, but the Commencement Date for purposes of commencing Rent shall not be extended thereby. Any cost estimates based on a Space Plan (including a so-called “pricing plan”) will be preliminary in nature, and may not be relied on by Tenant. However, Landlord agrees that any written estimate of Tenant’s Cost prepared by Landlord’s contractor based on the approved Construction Drawings shall not be exceeded by more than fifteen percent (15%), except to the extent that: (a) Tenant makes changes in the Construction Drawings or the Work, (b) overtime labor required in order to substantially complete the Work by the Commencement Date or due to Tenant’s occupancy during the Work (if permitted by Landlord), (c) concealed conditions are encountered on the job site, (d) new legal requirements become effective following preparation of the estimate, or (e) there are strikes, acts of God, shortages of materials or labor, or other causes beyond Landlord’s reasonable control.

Appears in 2 contracts

Samples: Office Lease (Chimerix Inc), Office Lease (Chimerix Inc)

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Tenant’s Approval and Nature of Cost Estimates. If Tenant timely requests cost estimates as described in clause (b) above, or if Landlord otherwise so requires, Landlord shall request Tenant’s written approval of any such cost estimate hereunder. Tenant shall not unreasonably withhold such approval, and shall approve or disapprove the same in writing within three (3) business days after Landlord so requests. If Tenant reasonably disapproves of any such estimate, Tenant shall meet with the Architect Planner and eliminate or substitute items in order to reduce Tenant’s Cost in connection with preparing a revised version of the Plans as a Change Order pursuant to Section V III above, but the Commencement Date for purposes of commencing Rent to Complete All Plans shall not be extended thereby. Any cost estimates based on a Space Plan (including a so-called “pricing plan”) will be preliminary in nature, and may not be relied on by Tenant. However, Landlord agrees that any written estimate of Tenant’s Cost prepared by Landlord’s contractor based on the approved Construction Drawings shall not be exceeded by more than fifteen percent (15%), except to the extent that: (a) Tenant makes changes in the Construction Drawings or the Work, (b) overtime labor required in order to substantially complete the Work by the Commencement Date or due to Tenant’s occupancy during the Work (if permitted by Landlord)Relocation Date, (c) concealed conditions are encountered on the job site, (d) new legal requirements become effective following preparation of the estimate, or (e) there are strikes, acts of God, shortages of materials or labor, or other causes beyond Landlord’s reasonable control.

Appears in 1 contract

Samples: Office Lease (Intercontinentalexchange Inc)

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Tenant’s Approval and Nature of Cost Estimates. If Tenant timely requests cost estimates as described in clause (b) above, or if Landlord otherwise so requires, Landlord shall request Tenant’s 's written approval of any such cost estimate hereunder. Tenant shall not unreasonably withhold such approval, and shall approve or disapprove the same in writing within three (3) business days after Landlord so requests. If Tenant reasonably disapproves of any such estimate, Tenant shall meet with the Architect Planner and eliminate or substitute items in order to reduce Tenant’s 's Cost in connection with preparing a revised version of the Plans as a Change Order pursuant to Section V III above, but the Commencement Date for purposes of commencing Rent to Complete All Plans shall not be extended thereby. Any cost estimates based on a Space Plan (including a so-called "pricing plan") will be preliminary in nature, and may not be relied on by Tenant. However, Landlord agrees that any written estimate of Tenant’s 's Cost prepared by Landlord’s 's contractor based on the approved Construction Drawings shall not be exceeded by more than fifteen percent (15%), except to the extent that: (a) Tenant makes changes in the Construction Drawings or the Work, (b) overtime labor required in order to substantially complete the Work by the Commencement Date or due to Tenant’s occupancy during the Work (if permitted by Landlord)Date, (c) concealed conditions are encountered on the job site, (d) new legal requirements become effective following preparation of the estimate, or (e) there are strikes, acts of God, shortages of materials or labor, or other causes beyond Landlord’s 's reasonable control.

Appears in 1 contract

Samples: Lease Amendment (Mesa Air Group Inc)

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