Tenant's Cost Proposal. At such time as Landlord and Tenant have approved the Approved Original Leasehold Improvements Plans (and in any event within fifteen (15) days thereafter), Landlord will (i) obtain at least three bids for each of the major trades that will be involved in the construction of the Original Leasehold Improvements (with Landlord agreeing to solicit and consider bids from subcontractors selected by Tenant), unless less than three qualified subcontractors exist for a given trade, in which case Landlord will obtain a bid from all qualified subcontractors of such trade; (ii) using the lowest qualified bid (which, in order to be qualified, must fully comply with all bid requirements, including but not limited to any time requirements specified) from each of the bids so received (unless (a) Landlord advises Tenant in writing within five (5) business days after the bids are received that Landlord believes the lowest bidder will be unable to perform the work upon which it has bid in a timely manner or to the quality required by Tenant, giving written evidence of its reasons for such belief, it being understood and agreed that if Landlord fails to so notify Tenant within such five (5) business day period, Landlord will be deemed to have waived any objection to any subcontractor, and (b) Tenant has consented to the use of a bidder other than the lowest bidder, which consent Tenant will not unreasonably withhold and which consent shall be deemed granted unless Tenant expressly denies such consent by written notice to Landlord within 3 business days after Landlord's notice of objection to the subcontractor), prepare a proposed budget for all items to be included in Tenant's Cost ("TENANT'S COST PROPOSAL"); and (iii) submit copies of all bids and the Tenant's Cost Proposal to Tenant for Tenant's review and approval. Tenant, at Tenant's option, may either approve the Tenant's Cost Proposal in writing, or elect to eliminate or revise one or more items of Original Leasehold Improvements shown on the Original Leasehold Improvements Plans, or request additional bids so as to reduce the costs shown in the Tenant's Cost Proposal. Tenant may then approve in writing the reduced Tenant's Cost Proposal (based on revised Original Leasehold Improvements Plans (which will be deemed the Approved Original Leasehold Improvements Plans for all purposes under this Lease) prepared by Tenant's architect or revised bids, as the case may be). However, each business day following May 1, 1998 (extended by one (1) day for each day of Deadline Extension) until the day on which Landlord has received Tenant's written approval of the Tenant's Cost Proposal will be a day of Plan Approval Delay. The Tenant's Cost Proposal, as finally approved, is referred to in this Lease as the "APPROVED TENANT'S COSTS." Each day that Landlord does not perform or respond as required by this SECTION 3.4 will constitute a day of Deadline Extension.
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Samples: Alliance Data Systems Corp, Alliance Data Systems Corp
Tenant's Cost Proposal. At such time as Landlord and Tenant have approved the Approved Original Leasehold Improvements Plans (and in any event within fifteen (15) days thereafter), Landlord will (i) obtain at least three bids for each of the major trades that will be involved in the construction of the Original Leasehold Improvements (with Landlord agreeing to solicit and consider bids from subcontractors selected by Tenant), unless less than three qualified subcontractors exist for a given trade, in which case Landlord will obtain a bid from all qualified subcontractors of such trade; (ii) using the lowest qualified bid (which, in order to be qualified, must fully comply with all bid requirements, including but not limited to any time requirements specified) from each of the bids so received (unless (a) Landlord advises Tenant in writing within five (5) Within 15 business days after the bids are received that approval of ---------------------- the Leasehold Improvements Plans by both Landlord believes the lowest bidder will be unable to perform the work upon which it has bid in a timely manner or to the quality required by and Tenant, giving written evidence of its reasons for such belief, it being understood and agreed that if Landlord fails to so notify Tenant within such five (5) business day period, Landlord will provide to Tenant the names of experienced, qualified and reputable subcontractors and suppliers to whom Landlord or Landlord's general contractor will submit requests for bids to perform all or a portion of the Leasehold Improvements, as subcontractors to ADP Xxxxxxxx Inc. Tenant shall submit a list of any additional experienced, qualified and reputable subcontractors and suppliers who are union contractors and to whom Tenant wants bid packages sent. If Tenant fails to deliver such list of subcontractors or suppliers within the fifth business day after delivery of Landlord's list of proposed contractors and subcontractors, Tenant shall be deemed to have waived any objection to any subcontractor, and (b) Tenant has consented to the use of a bidder other than the lowest bidder, which consent Tenant will not unreasonably withhold and which consent shall be deemed granted unless Tenant expressly denies such consent by written notice to Landlord within 3 business approved Landlord's list. Within thirty days after receipt by Landlord of Tenant's list of additional subcontractors, Landlord will obtain bids for the Leasehold Improvements and Landlord, Tenant and Landlord's notice general contractor shall meet together to review all bids submitted and to select the best reasonable price for the Leasehold Improvements. On the basis of objection to such review, within 10 days after the subcontractor)review by Landlord and Tenant of the bids, Landlord shall (i) prepare a proposed budget for all items to be included in Tenant's Cost ("TENANT'S COST PROPOSALTenant's Cost Proposal"); and (iiiii) submit copies a written breakdown of all bids selected and the Tenant's Cost Proposal to Tenant for Tenant's review and approval. Tenant, at Tenant's option, may either approve the Tenant's Cost Proposal proposal in writing, writing or elect to eliminate or revise one or more items of Original Leasehold Improvements shown on the Original Leasehold Improvements Plans, or request additional bids so as to reduce the costs shown in the Tenant's Cost Proposal. Tenant may Plans and then approve in writing the reduced modified Tenant's Cost Proposal (based on the revised Original Leasehold Improvements Plans (which will be deemed the Approved Original Leasehold Improvements Plans for all purposes under this Lease) prepared by Plans). Tenant's architect or revised bidsmodifications may include, as without limitation, the case may beselection of another subcontractor (one of the bidders). However, each business day following May 1, 1998 (extended by one (1) day for each day of Deadline Extension) until the day on which Landlord has received Tenant's written approval of If Tenant fails to approve or deliver its objection to the Tenant's Cost Proposal will within the 5/th/ business day after delivery by Landlord, Tenant shall be a day of Plan Approval Delay. The deemed to have approved Tenant's Cost Proposal, as finally approved, is referred to in this Lease as the "APPROVED TENANT'S COSTS." Each day that Landlord does not perform or respond as required by this SECTION 3.4 will constitute a day of Deadline Extension.
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Tenant's Cost Proposal. At such time as Landlord and Tenant have approved the Approved Original Leasehold Improvements Plans (and in any event within fifteen (15) days thereafter), Landlord will cause Tenant’s Improvements to be constructed or installed in the Premises in a good and workmanlike manner and according to Tenant’s Construction Plans and all applicable building codes; provided, however, that notwithstanding any other provision of the Lease to the contrary. Landlord’s sole obligation with respect to the compliance of Tenant’s Improvements with the ADA will be to construct Tenant’s Improvements in accordance with Tenant’s Construction Plans and Landlord will have no obligation to verify that Tenant’s Construction Plans call for Tenant’s Improvements that will comply the ADA. Landlord further reserves the right: (i) to make substitutions of material or components of equivalent (or greater) grade, quality and price when and if any specified material or component shall not be readily available; provided, however that Tenant shall have the right to approve {in the exercise of good faith and reasonable judgment) any substitutions that either (A) materially increase Tenant’s Cost (e.g.. an increase in excess of $1,000), or (B) affect the aesthetics of the Tenant Improvements, and (ii) to make changes necessitated by conditions met in the course of construction, provided that (A) Tenant’s written approval of any substantial change shall first be obtained (which approval shall not be unreasonably withheld or delayed so long as there shall be material conformity with the Tenant’s Construction Plans), and (B) Landlord shall make reasonable efforts to provide telephonic or e-mail notification to Tenant’s Representative prior to making a material non-substantial change. The Tenant Improvements shall be furnished, installed and performed by Landlord for an amount (hereinafter called the “Tenant’s Cost”) equal to Landlord’s reasonable out-of-pocket contract or purchase price or prices to be paid by Landlord to general contractors, architects, engineers, material suppliers, subcontractors, independent contractors and/or other sources for the material, labor and services applied to the Tenant Improvements together with applicable sales and use taxes, plus a construction management fee payable to Landlord in an amount equal to one percent (1%) of Tenant’s Cost, not to exceed, in the aggregate, $10,000. Landlord agrees to obtain at least three bids for each of the major trades that will be involved in the construction of the Original Leasehold Improvements (with Landlord agreeing to solicit and consider two bids from subcontractors selected by Tenant)general contractors, unless less than three qualified subcontractors exist for a given trade, in which case Landlord will obtain a bid from all qualified subcontractors of such trade; (ii) using the lowest qualified bid (which, in order to be qualified, must fully comply with all bid requirements, including but not limited to any time requirements specified) from each of the bids so received (unless (a) Landlord advises Tenant in writing within five (5) business days after the bids are received that Landlord believes the lowest bidder will be unable to perform the work upon which it has bid in a timely manner or to the quality required and if requested by Tenant, giving written evidence one of its reasons the general contractors selected by Tenant and reasonably acceptable to Landlord. Tenant shall select all general contractors, architects, engineers, material suppliers, subcontractors, independent contractors and/or other sources for such beliefthe material, it being understood labor and agreed services applied to the Tenant Improvements (so long as each vendor complies with Landlord’s standards) and shall have full and complete approval authority on the Tenant Improvement construction costs; provided, however, that if Landlord fails to so notify Tenant within such five (5) business day period, Landlord will be deemed to have waived any objection to any subcontractorshall select Landlord’s Approved Engineer for all structural and mechanical systems, and (b) Tenant has consented shall select subcontractors from Landlord’s approved list of subcontractors for any Tenant’s Improvements work related to the use of a bidder other than the lowest bidder, which consent Tenant will not unreasonably withhold and which consent shall be deemed granted unless Tenant expressly denies such consent by written notice to Landlord within 3 business days after Landlord's notice of objection to the subcontractor), prepare a proposed budget for all items to be included in Tenant's Cost ("TENANT'S COST PROPOSAL"); and (iii) submit copies of all bids and the Tenant's Cost Proposal to Tenant for Tenant's review and approval. Tenant, at Tenant's option, may either approve the Tenant's Cost Proposal in writing, or elect to eliminate or revise one or more items of Original Leasehold Improvements shown on the Original Leasehold Improvements Plans, or request additional bids so as to reduce the costs shown in the Tenant's Cost Proposal. Tenant may then approve in writing the reduced Tenant's Cost Proposal (based on revised Original Leasehold Improvements Plans (which will be deemed the Approved Original Leasehold Improvements Plans for all purposes under this Lease) prepared by Tenant's architect or revised bids, as the case may be). However, each business day following May 1, 1998 (extended by one (1) day for each day of Deadline Extension) until the day on which Landlord has received Tenant's written approval of the Tenant's Cost Proposal will be a day of Plan Approval Delay. The Tenant's Cost Proposal, as finally approved, is referred to in this Lease as the "APPROVED TENANT'S COSTS." Each day that Landlord does not perform or respond as required by this SECTION 3.4 will constitute a day of Deadline Extension.base building
Appears in 1 contract
Samples: Office Lease Agreement (Everside Health Group, Inc.)
Tenant's Cost Proposal. At such time as Landlord and Tenant have approved the Approved Original Leasehold Improvements Plans (and in any event within fifteen (15) days thereafter), Landlord will (i) obtain at least three bids for each of the major trades that will be involved in the construction of the Original Leasehold Improvements (with Landlord agreeing to solicit and consider bids from subcontractors selected by Tenant), unless less than three qualified subcontractors exist for a given trade, in which case Landlord will obtain a bid from all qualified subcontractors of such trade; (ii) using the lowest qualified bid (which, in order to be qualified, must fully comply with all bid requirements, including but not limited to any time requirements specified) from each of the bids so received (unless (a) Landlord advises Tenant in writing within five (5) business days after the bids are received that Landlord Xxxxxxxx believes the lowest bidder will be unable to perform the work upon which it has bid in a timely manner or to the quality required by Tenant, giving written evidence of its reasons for such belief, it being understood and agreed that if Landlord fails to so notify Tenant within such five (5) business day period, Landlord will be deemed to have waived any objection to any subcontractor, and (b) Tenant has consented to the use of a bidder other than the lowest bidder, which consent Tenant will not unreasonably withhold and which consent shall be deemed granted unless Tenant expressly denies such consent by written notice to Landlord within 3 business days after LandlordXxxxxxxx's notice of objection to the subcontractor), prepare a proposed budget for all items to be included in Tenant's Cost ("TENANT'S COST PROPOSALTenant's Cost Proposal"); and (iii) submit copies of all bids and the Tenant's Cost Proposal to Tenant for Tenant's review and approval. Tenant, at Tenant's option, may either approve the Tenant's Cost Proposal in writing, or elect to eliminate or revise one or more items of Original Leasehold Improvements shown on the Original Leasehold Improvements Plans, or request additional bids so as to reduce the costs shown in the Tenant's Cost Proposal. Tenant may then approve in writing the reduced Tenant's Cost Proposal (based on revised Original Leasehold Improvements Plans (which will be deemed the Approved Original Leasehold Improvements Plans for all purposes under this Lease) prepared by TenantXxxxxx's architect or revised bids, as the case may be). However, each business day following May 1, 1998 (extended by one (1) day for each day of Deadline Extension) until the day on which Landlord has received Tenant's written approval of the Tenant's Cost Proposal will be a day of Plan Approval Delay. The Tenant's Cost Proposal, as finally approved, is referred to in this Lease as the "APPROVED TENANT'S COSTSApproved Tenant's Costs." Each day that Landlord does not perform or respond as required by this SECTION Section 3.4 will constitute a day of Deadline Extension.
Appears in 1 contract
Samples: Alliance Data Systems Corp
Tenant's Cost Proposal. At such time as Leasehold Improvements Plans that have been approved in writing by both Landlord and Tenant have approved the Approved Original Leasehold Improvements Plans (and in any event within fifteen (15) days thereafter)been prepared, Landlord will (i) obtain at least three bids for each of the major trades that will be involved in the construction of the Original Leasehold Improvements (with Landlord agreeing to solicit and consider bids from subcontractors selected by Tenant)Improvements, unless less than three qualified subcontractors exist for a given trade, in which case Landlord will obtain a bid from all qualified subcontractors of such trade, or unless a portion of the Leasehold Improvements will be both designed and built by a single design/build contractor, in which case Landlord will obtain the bid of such design/build contractor; (ii) using the lowest qualified bid (which, in order to be qualified, must fully comply with all bid requirements, including but not limited to any time requirements specified) from each of the bids so received (unless (a) Landlord advises Tenant in writing within five (5) business days after the bids are received that Landlord believes the lowest bidder will be unable to perform the work upon which it has bid in a timely manner or to the quality required by Tenant, giving written evidence of its reasons for such belief, it being understood and agreed that if Landlord fails to so notify Tenant within such five (5) business day period, Landlord will be deemed to have waived any objection to any subcontractor, and (b) Tenant has consented to the use of a bidder other than the lowest bidder, which consent Tenant will not unreasonably withhold and which consent shall be deemed granted unless Tenant expressly denies such consent by written notice to Landlord within 3 business days after Landlord's notice of objection to the subcontractor)received, prepare a proposed budget for all items to be included in Tenant's Cost ("TENANT'S COST PROPOSALTenant's Cost Proposal"); and (iii) submit copies of all such bids and the Tenant's Cost Proposal to Tenant for Tenant's review and approval. Tenant, at Tenant's option, may either approve the Tenant's Cost Proposal in writing, writing or elect to eliminate or revise one or more items of Original Leasehold Improvements shown on the Original Leasehold Improvements Plans, or request additional bids Plans so as to reduce the costs shown in the Tenant's Cost Proposal. Tenant may Proposal and then approve in writing the reduced Tenant's Cost Proposal (based on the revised Original Leasehold Improvements Plans (which Plans). In connection with Tenant's approval of Tenant's Cost Proposal, Tenant will also have the right to reasonably approve all subcontractors that Landlord proposes to use. Tenant's approval of Tenant's Cost Proposal will be deemed also to be Tenant's approval of the Approved Original subcontractors whose bids are included in Tenant's Cost Proposal. If Tenant desires to use a different subcontractor than the one recommended by Landlord and included in the Tenant's Cost Proposal prepared by Landlord, Tenant will so notify Landlord as a part of Tenant's response to Tenant's Cost Proposal and then Tenant's Cost Proposal will be modified as necessary to reflect the bid of the alternate subcontractor selected by Tenant. Landlord will apply the Leasehold Improvements Plans for all purposes under this Lease) prepared by Allowance to Tenant's architect Cost. Tenant will be responsible for payment of any portion of Tenant's Cost that exceeds the Leasehold Improvements Allowance. Tenant will receive no credit or revised bids, as other payment for any unused portion of the case may be)Leasehold Improvements Allowance. However, each Each day following the 5th business day following May 1, 1998 (extended by one (1) day for each day after Tenant's receipt of Deadline Extension) Tenant's Cost Proposal until the day on which Landlord has received Tenant's written approval of the Tenant's Cost Proposal will be a day of Plan Approval Delay. The Tenant's Cost Proposaldelay, as finally approvedPrior to entering into any subcontract for the Leasehold Improvements, is referred Landlord will deliver to in this Lease as Tenant a copy of the "APPROVED TENANT'S COSTS." Each day that Landlord proposed subcontract for Tenant's review and approval, which approval will not be unreasonably withheld or delayed and which approval will be deemed given if Tenant does not perform or respond as required by this SECTION 3.4 will constitute a day notify Landlord to the contrary within three business days after delivery of Deadline Extensionthe proposed subcontract with Landlord's request for approval.
Appears in 1 contract
Samples: Homegrocer Com Inc
