Common use of Tenant’s Right to Request Changes Clause in Contracts

Tenant’s Right to Request Changes. If Tenant shall request changes to Landlord’s Work (“Changes”), Tenant shall request such Changes by notifying Landlord in writing in substantially the same form as the AIA standard change order form (a “Change Request”), which Change Request shall detail the nature and extent of any such Change. Such Change Request must be signed by Tenant’s Representative. Landlord shall, before proceeding with any Change, use commercially reasonable efforts to respond to Tenant as soon as is reasonably possible with an estimate of: (i) the time it will take, and (ii) the architectural and engineering fees and costs which will be incurred, to analyze such Change Request (which costs shall be paid from the TI Fund to the extent actually incurred, whether or not such change is implemented). Landlord shall thereafter submit to Tenant in writing, within 5 business days of receipt of the Change Request (or such longer period of time as is reasonably required depending on the extent of the Change Request), an analysis of the additional cost or savings involved, including, without limitation, architectural and engineering costs and the period of time, if any, that the Change will extend the date on which Landlord’s Work will be Substantially Complete. Any such delay in the completion of Landlord’s Work caused by a Change, including any suspension of Landlord’s Work while any such Change is being evaluated and/or designed, shall be a Tenant Delay.

Appears in 2 contracts

Samples: Lease Agreement (Immune Design Corp.), Lease Agreement (Immune Design Corp.)

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Tenant’s Right to Request Changes. If Tenant shall request changes to the Landlord’s Work 's Improvements or if Tenant shall request changes to the Tenant's Improvements after acceptance by Landlord and Tenant of the Preliminary TI Plans, as modified by the VE Items (collectively, "Changes"), Tenant shall request such Changes by notifying Landlord in writing in substantially the same form as the AIA standard change order form (a “Change Request”"CHANGE REQUEST"), which Change Request shall detail the nature and extent of any such Change. Such Change Request must be signed by Tenant’s 's Representative. Landlord shall, before proceeding with any Change, use commercially reasonable its best efforts to respond to Tenant as soon as is reasonably possible with an estimate of: (i) the time it will take, and (ii) the architectural and engineering fees and costs which will be incurred, to analyze such Change Request (which costs shall be paid from the TI Fund to the extent actually incurred, whether or not such change is implemented). Landlord shall thereafter submit to Tenant in writing, within 5 business days of receipt of the Change Request (or such longer period of time as is reasonably required depending on the extent of the Change Request), an analysis of the additional cost or savings involved, including, without limitation, architectural and engineering costs and the period of time, if any, that the Change will extend the date on which Landlord’s 's Work will be Substantially Complete. Any such delay in the completion of Landlord’s 's Work caused by a Change, including any suspension of Landlord’s 's Work while any such Change is being evaluated and/or designed, shall be a Tenant Delay.

Appears in 2 contracts

Samples: Lease Agreement (Acusphere Inc), Lease Agreement (Acusphere Inc)

Tenant’s Right to Request Changes. If Tenant shall request changes Changes, --------------------------------- if any, by giving Notice to Landlord’s Work (“Changes”), Tenant shall request such Changes by notifying Landlord in writing in substantially the same form as the AIA standard change order form (a “Change Request”"CHANGE REQUEST"), which Change Request shall detail the nature and extent of any such Change. Such Tenant's Representative must sign such Change Request must be signed by Tenant’s RepresentativeRequest. Landlord shallLandlord, before proceeding with any Change, shall use commercially reasonable efforts to respond to Tenant as soon as is reasonably possible with an estimate of: (i) the time it period of time, if any, that the Change will take, extend the date on which Landlord's Work will be Substantially Complete; and (ii) the architectural and engineering fees and costs which that will be incurred, incurred to analyze such Change Request (which costs shall be paid from the TI Fund to the extent actually incurred, whether or not such change is implemented)Request. Landlord shall thereafter submit to Tenant in writing, within 5 Within 10 business days of after Landlord's receipt of the Change Request (or such longer period of time as is reasonably required depending on the extent of the Change Request), an Landlord shall submit to Tenant a written analysis of the additional cost or savings involved, including, without limitation, architectural and engineering costs and the period of time, if any, that the Change will extend the date on which Landlord’s 's Work will be Substantially Complete. Any such delay in the completion of Landlord’s 's Work caused by a Change, including any suspension of Landlord’s 's Work while any such Change is being evaluated and/or designed, shall be a Tenant Caused Delay. Notwithstanding the foregoing, Landlord's Work may not be suspended as a result of any Change Request unless specifically approved by Tenant.

Appears in 1 contract

Samples: Paradigm Genetics Inc

Tenant’s Right to Request Changes. If Tenant shall request changes to Landlord’s Work (“Changes”), Tenant shall request such Changes by notifying Landlord in writing in substantially the same form as the AIA standard change order form (a “Change Request”), which Change Request shall detail the nature and extent of any such Change. Such Change Request must be signed by Tenant’s Representative. Landlord shall, before proceeding with any Change, use commercially reasonable its best efforts to respond to Tenant as soon as is reasonably possible with an estimate of: (i) the time it will take, and (ii) the architectural and engineering fees and costs which will be incurred, to analyze such Change Request (which costs shall be paid from the TI Fund to the extent actually incurred, whether or not such change is implemented). Landlord shall thereafter submit to Tenant in writing, within 5 business days of receipt of the Change Request (or such longer period of time as is reasonably required depending on the extent of the Change Request), an analysis of the additional cost or savings involved, including, without limitation, architectural and engineering costs and the period of time, if any, that the Change will extend the date on which Landlord’s Work will be Substantially Complete. Any such Landlord shall not be liable to Tenant for any delay in the completion Substantial Completion of Landlord’s Work caused by a Change, including any suspension of Landlord’s Work while arising from any such Change is being evaluated and/or designed, shall be a Tenant DelayChange.

Appears in 1 contract

Samples: Lease (Acusphere Inc)

Tenant’s Right to Request Changes. If Tenant shall request changes Changes, --------------------------------- if any, by giving Notice to Landlord’s Work (“Changes”), Tenant shall request such Changes by notifying Landlord in writing in substantially the same form as the AIA standard change order form (a "Change Request"), which Change Request shall detail the nature and extent of any such Change. Such Tenant's Representative must sign such Change Request must be signed by Tenant’s RepresentativeRequest. Landlord shallLandlord, before proceeding with any Change, shall use commercially reasonable efforts to respond to Tenant as soon as is reasonably possible with an estimate of: (i) the time it period of time, if any, that the Change will take, extend the date on which Landlord's Work will be Substantially Complete; and (ii) the architectural and engineering fees and costs which that will be incurred, incurred to analyze such Change Request (which costs shall be paid from the TI Fund to the extent actually incurred, whether or not such change is implemented)Request. Landlord shall thereafter submit to Tenant in writing, within 5 Within 10 business days of after Landlord's receipt of the Change Request (or such longer period of time as is reasonably required depending on the extent of the Change Request), an Landlord shall submit to Tenant a written analysis of the additional cost or savings involved, including, without limitation, architectural and engineering costs and the period of time, if any, that the Change will extend the date on which Landlord’s 's Work will be Substantially Complete. Any such delay in the completion of Landlord’s 's Work caused by a Change, including any suspension of Landlord’s 's Work while any such Change is being evaluated and/or designed, shall be a Tenant Caused Delay. Notwithstanding the foregoing, Landlord's Work may not be suspended as a result of any Change Request unless specifically approved by Tenant.

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (Paradigm Genetics Inc)

Tenant’s Right to Request Changes. If Tenant shall request changes Changes, if any, by giving Notice to Landlord’s Work (“Changes”), Tenant shall request such Changes by notifying Landlord in writing in substantially the same form as the AIA standard change order form (a “Change Request”), which Change Request shall detail the nature and extent of any such Change. Such Change Request must be signed by Tenant’s RepresentativeRepresentative must sign such Change Request. Landlord shallLandlord, before proceeding with any Change, shall use commercially reasonable efforts to respond to Tenant as soon as is reasonably possible with an estimate of: (i) the time it period of time, if any, that the Change will take, extend the date on which Landlord’s Work will be Substantially Complete; and (ii) the architectural and engineering fees and costs which that will be incurred, incurred to analyze such Change Request (which costs shall be paid from the TI Fund to the extent actually incurred, whether or not such change is implemented)Request. Landlord shall thereafter submit to Tenant in writing, within 5 Within 10 business days of after Landlord’s receipt of the Change Request (or such longer period of time as is reasonably required depending on the extent of the Change Request), an Landlord shall submit to Tenant a written analysis of the additional cost or savings involved, including, without limitation, architectural and engineering costs and the period of time, if any, that the Change will extend the date on which Landlord’s Work will be Substantially Complete. Any such delay in the completion of Landlord’s Work caused by a Change, including any suspension of Landlord’s Work while any such Change is being evaluated and/or designed, shall be a Tenant Caused Delay. Notwithstanding the foregoing, Landlord’s Work may not be suspended as a result of any Change Request unless specifically approved by Tenant.

Appears in 1 contract

Samples: Lease Agreement (Icoria, Inc.)

Tenant’s Right to Request Changes. If Tenant shall request changes to the Landlord’s Work 's Improvements or if Tenant shall request changes to the Tenant's Improvements after acceptance by Landlord and Tenant of the Preliminary TI Plans, as modified by the VE Items (“Changes”collectively, "CHANGES"), Tenant shall request such Changes by notifying Landlord in writing in substantially the same form as the AIA standard change order form (a “Change Request”"CHANGE REQUEST"), which Change Request shall detail the nature and extent of any such Change. Such Change Request must be signed by Tenant’s 's Representative. Landlord shall, before proceeding with any Change, use commercially reasonable its best efforts to respond to Tenant as soon as is reasonably possible with an estimate of: (i) the time it will take, and (ii) the architectural and engineering fees and costs which will be incurred, to analyze such Change Request (which costs shall be paid from the TI Fund to the extent actually incurred, whether or not such change is implemented). Landlord shall thereafter submit to Tenant in writing, within 5 business days of receipt of the Change Request (or such longer period of time as is reasonably required depending on the extent of the Change Request), an analysis of the additional cost or savings involved, including, without limitation, architectural and engineering costs and the period of time, if any, that the Change will extend the date on which Landlord’s 's Work will be Substantially Complete. Any such delay in the completion of Landlord’s 's Work caused by a Change, including any suspension of Landlord’s 's Work while any such Change is being evaluated and/or designed, shall be a Tenant Delay.

Appears in 1 contract

Samples: Lease Agreement (Acusphere Inc)

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Tenant’s Right to Request Changes. If Tenant shall request changes to Landlord’s 's Work (“Changes”"CHANGES"), Tenant shall request such Changes by notifying Landlord in writing in substantially the same form as the AIA AlA standard change order form (a "Change Major Construction - Landlord Build, One Innovation Drive/t.Breeders, Inc. Page 5 Request"), which Change Request shall detail the nature and extent of any such Change. Such Change Request must be signed by Tenant’s 's Representative. Landlord shall, before proceeding with any Change, use commercially reasonable its best efforts to respond to Tenant as soon as is reasonably possible with an estimate of: (i) the time it will take, and (ii) the architectural and engineering fees and costs which will be incurred, to analyze such Change Request (which costs shall be paid from the TI Fund to the extent actually incurred, whether or not such change is implemented). Landlord shall thereafter submit to Tenant in writing, within 5 five (5)) business days of receipt of the Change Request (or such longer period of time as is reasonably required depending on the extent of the Change Request), an analysis of the additional cost or savings involved, including, without limitation, limitation architectural and engineering costs and the period of time, if any, that the Change will extend the date on which Landlord’s 's Work will be Substantially Complete. Any such delay in the completion of Landlord’s 's Work caused by a Change, including any suspension of Landlord’s 's Work while any such Change is being evaluated and/or designed, shall be a Tenant Delay.

Appears in 1 contract

Samples: Lease Agreement (Viacell Inc)

Tenant’s Right to Request Changes. If Tenant shall request changes to the Landlord’s Work 's Improvements or if Tenant shall request changes to the Tenant's Improvements after acceptance by Landlord and Tenant of the Preliminary TI Plans, as modified by the VE Items (“Changes”collectively, "CHANGES"), Tenant shall request such Changes by notifying Landlord in writing in substantially the same form as the AIA standard change order form (a “Change Request”"CHANGE REQUEST"), which Change Request shall detail the nature and extent of any such Change. Such Change Request must be signed by Tenant’s 's Representative. Landlord shall, before proceeding with any Change, use commercially reasonable its best efforts to respond to Tenant as soon as is reasonably possible with an estimate of: (i) the time it will take, and (ii) the architectural and engineering fees and costs which will be incurred, to analyze such Change Request (which costs shall be paid from the TI Fund to the extent actually incurred, whether or not such change is implemented). Landlord shall thereafter submit to Tenant in writing, within 5 business days of receipt of the Change 78 Request (or such longer period of time as is reasonably required depending on the extent of the Change Request), an analysis of the additional cost or savings involved, including, without limitation, architectural and engineering costs and the period of time, if any, that the Change will extend the date on which Landlord’s 's Work will be Substantially Complete. Any such delay in the completion of Landlord’s 's Work caused by a Change, including any suspension of Landlord’s 's Work while any such Change is being evaluated and/or designed, shall be a Tenant Delay.

Appears in 1 contract

Samples: Lease Agreement (Acusphere Inc)

Tenant’s Right to Request Changes. If Tenant shall request changes to Landlord’s 's Work (“Changes”"CHANGES"), Tenant shall request such Changes by notifying Landlord in writing in substantially the same form as the AIA standard change order form (a “Change Request”"CHANGE REQUEST"), which Change Request shall detail the nature and extent of any such Change. Such Change Request must be signed by Tenant’s 's Representative. Landlord shall, before proceeding with any Change, use commercially reasonable its best efforts to respond to Tenant as soon as is reasonably possible with an estimate of: (i) the time it will take, and (ii) the architectural and engineering fees and costs which will be incurred, incurred to analyze such Change Request (which costs shall be paid from the TI Fund to the extent actually incurred, whether or not such change is implemented). Landlord shall thereafter submit to Tenant in writing, within 5 business days of receipt of the Change Request (or such longer period of time as is reasonably required depending on the extent of the Change Request), an analysis of the additional cost or savings involved, including, without limitation, limitation architectural and engineering costs and the period of time, if any, that the Change will extend the date on which Landlord’s 's Work will be Substantially Complete. Any such delay in the completion of Landlord’s 's Work caused by a Change, including any suspension of Landlord’s 's Work while any such Change is being evaluated and/or designed, shall be a Tenant Delay.. Major Construction - Landlord Build 10505 Roselle Street/Protarch, Inc. - Page 5

Appears in 1 contract

Samples: Lease Agreement (SGX Pharmaceuticals, Inc.)

Tenant’s Right to Request Changes. If Tenant shall request changes Changes, if any, by giving Notice to Landlord’s Work (“Changes”), Tenant shall request such Changes by notifying Landlord in writing in substantially the same form as the AIA standard change order form (a “Change Request”"CHANGE REQUEST"), which Change Request shall detail the nature and extent of any such Change. Such Tenant's Representative must sign such Change Request must be signed by Tenant’s RepresentativeRequest. Landlord shallLandlord, before proceeding with any Change, shall use commercially reasonable efforts to respond to Tenant as soon as is reasonably possible with an estimate of: (i) the time it period of time, if any, that the Change will take, extend the date on which Landlord's Work will be Substantially Complete; and (ii) the architectural and engineering fees and costs which that will be incurred, incurred to analyze such Change Request (which costs shall be paid from the TI Fund to the extent actually incurred, whether or not such change is implemented)Request. Landlord shall thereafter submit to Tenant in writing, within 5 Within 10 business days of after Landlord's receipt of the Change Request (or such longer period of time as is reasonably required depending on the extent of the Change Request), an Landlord shall submit to Tenant a written analysis of the additional cost or savings involved, including, without limitation, architectural and engineering costs and the period of time, if any, that the Change will extend the date on which Landlord’s 's Work will be Substantially Complete. Any such delay in the completion of Landlord’s 's Work caused by a Change, including any suspension of Landlord’s 's Work while any such Change is being evaluated and/or designed, shall be a Tenant Caused Delay. Notwithstanding the foregoing, Landlord's Work may not be suspended as a result of any Change Request unless specifically approved by Tenant.

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (Paradigm Genetics Inc)

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