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

Tenant’s Right to Request Changes. If Tenant shall request 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”), 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 review and approve or disapprove such Change Request within 5 business days thereafter, provided that Landlord’s approval shall not be unreasonably withheld, conditioned or delayed. If Landlord fails to respond a Change Request, Tenant shall thereafter deliver to Landlord a second written notice concerning the same Change Request specifying in all capital letters and boldface type on page one of such notice the following: “IF YOU FAIL TO APPROVE OR DISAPPROVE OF THE CHANGE REQUEST SET FORTH IN THIS NOTICE WITHIN 3 BUSINESS DAYS YOU SHALL BE DEEMED TO HAVE APPROVED THE CHANGE REQUEST SET FORTH HEREIN.” If Landlord fails to respond to Tenant’s second request within 3 business days after Landlord’s receipt of such second notice, Landlord shall be deemed to have approved such Change Request.

Tenant’s Right to Request Changes. If In the event that Tenant shall request changes desires to change the TI Construction Drawings at any time after the approval thereof by Landlord (a “ChangesTI Change”), Tenant shall request such Changes by notifying Landlord in writing in substantially deliver written notice of the same form as the AIA standard change order form (a “Change Request”), which Change Request shall to Landlord setting forth in reasonable detail the nature and extent of any such Changeproposed TI Change (a “TI Change Request”). Such TI Change Request must be signed by Tenant’s Representative. Landlord shall review and approve or disapprove such TI Change Request within 5 business days thereafter, provided that Landlord’s approval shall not be unreasonably withheld, conditioned or delayed. If Landlord fails to respond a such TI Change Requestdoes not materially or adversely affect the Building Shell (or the structural components thereof) and/or any Building Systems and does not increase the cost of Landlord’s Work, Tenant shall thereafter deliver to Landlord a second written notice concerning the same Change Request specifying in all capital letters and boldface type on page one Landlord’s approval of such notice the following: “IF YOU FAIL TO APPROVE OR DISAPPROVE OF THE CHANGE REQUEST SET FORTH IN THIS NOTICE WITHIN 3 BUSINESS DAYS YOU SHALL BE DEEMED TO HAVE APPROVED THE CHANGE REQUEST SET FORTH HEREIN.” TI Change shall not be required. If Landlord fails to respond within such 5 business day period, then Tenant shall provide Landlord with a second written notice stating in bold and all caps 12 point font that Landlord’s failure to respond to Tenant’s second request TI Change Request within 3 2 business days after Landlord’s receipt of the second notice shall be deemed approval by Landlord, and if Landlord does not respond within such second notice2 business day period, then Landlord shall be deemed to have approved such TI Change Request. Additionally, if Landlord disapproves of the item proposed by Tenant, then Landlord shall deliver to Tenant its written explanation for such disapproval and proposal for modifications and the parties shall negotiate in good faith to reach agreement on the item proposed.

Tenant’s Right to Request Changes. If Tenant shall request changes to the Tenant Improvements (“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 review and approve or disapprove such Change Request within 5 7 business days thereafter, provided that Landlord’s approval shall not be unreasonably withheld, conditioned or delayed. If Notwithstanding anything to the contrary contained herein, if, following the approval by Landlord fails to respond a Change Requestand Tenant of the Space Plan or the TI Construction Drawings, Tenant shall thereafter deliver is informed in writing that changes to Landlord such Space Plan or the TI Construction Drawings (other than Minor Variations) are being required by any applicable Governmental Authority as a second result of changes in applicable Legal Requirements (any such change, a “Mandated Change”) and Tenant elects to appeal such Mandated Change in good faith and in accordance with the appropriate process, then, upon written notice concerning the same Change Request specifying in all capital letters and boldface type on page one of such notice the following: “IF YOU FAIL TO APPROVE OR DISAPPROVE OF THE CHANGE REQUEST SET FORTH IN THIS NOTICE WITHIN 3 BUSINESS DAYS YOU SHALL BE DEEMED TO HAVE APPROVED THE CHANGE REQUEST SET FORTH HEREIN.” If Landlord fails to respond to Tenant’s second request within 3 business days after Landlord’s receipt of such second notice, Landlord shall be deemed cooperate with Tenant, at no material cost to have approved such Change RequestLandlord, in Tenant’s efforts to appeal the applicable Mandated Change. For the avoidance of doubt, Mandated Changes, including any Mandated Changes with respect to which Tenant filed an appeal which was rejected by the applicable Governmental Authority, shall constitute Changes subject to the immediately preceding paragraph.

Tenant’s Right to Request Changes. If Tenant shall request 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”), 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 review and approve or disapprove such Change Request within 5 business days thereafter, provided that Landlord’s approval shall not be unreasonably withheld, conditioned or delayed. If Landlord fails to respond a Change Requestwithin such 5 business day period, then Tenant shall thereafter deliver to provide Landlord with a second written notice concerning the same Change Request specifying stating in bold and all capital letters and boldface type on page one of such notice the following: “IF YOU FAIL TO APPROVE OR DISAPPROVE OF THE CHANGE REQUEST SET FORTH IN THIS NOTICE WITHIN 3 BUSINESS DAYS YOU SHALL BE DEEMED TO HAVE APPROVED THE CHANGE REQUEST SET FORTH HEREIN.” If Landlord fails caps 12 point font that Landlord’s failure to respond to Tenant’s second request Change Request within 3 business days after Landlord’s receipt of the second notice shall be deemed approval by Landlord, and if Landlord does not respond within such second notice3 business day period, then Landlord shall be deemed to have approved such Change Request. For the avoidance of doubt, it shall be reasonable for Landlord to withhold its consent to any Changes to the extent that such Changes would (i) require material changes to the scope of Landlord’s Work, (ii) result in a material increase in the cost of Landlord’s Work, or (iii) individually or in the aggregate, delay the substantial completion of any component of Landlord’s Work for more than 30 days in the aggregate. Any delay in the substantial completion of any component of Landlord’s Work resulting from a Change Request or Change shall constitute a Tenant Delay and result in a day-for-day extension of the completion date for such component of Landlord’s Work provided for on Landlord’s Work Schedule.

Tenant’s Right to Request Changes. If In the event that Tenant shall request changes desires to make a material change to the TI Construction Drawings that is other than a logical extension of the approved TI Construction Drawings, at any time after the approval thereof by Landlord (a “ChangesTI Change”), Tenant shall request such Changes by notifying Landlord in writing in substantially deliver written notice of the same form as the AIA standard change order form (a “Change Request”), which Change Request shall to Landlord setting forth in reasonable detail the nature and extent of any such Changeproposed TI Change (a “TI Change Request”). Such TI Change Request must be signed by Tenant’s Representative. Landlord shall review and approve or disapprove such TI Change Request within 5 business days thereafter, provided that Landlord’s approval shall not be unreasonably withheld, conditioned or delayed. If Landlord fails to respond a such TI Change Requestdoes not materially or adversely affect the Building Shell (or the structural components thereof) and/or any Building Systems, Tenant shall thereafter deliver to Landlord a second written notice concerning the same Change Request specifying in all capital letters and boldface type on page one Landlord’s approval of such notice the following: “IF YOU FAIL TO APPROVE OR DISAPPROVE OF THE CHANGE REQUEST SET FORTH IN THIS NOTICE WITHIN 3 BUSINESS DAYS YOU SHALL BE DEEMED TO HAVE APPROVED THE CHANGE REQUEST SET FORTH HEREIN.” TI Change shall not be required. If Landlord fails to respond within such 5 business day period, then Tenant shall provide Landlord with a second written notice stating in bold and all caps 12 point font that Landlord’s failure to respond to Tenant’s second request TI Change Request within 3 2 business days after Landlord’s receipt of the second notice shall be deemed approval by Landlord, and if Landlord does not respond within such second notice2 business day period, then Landlord shall be deemed to have approved such TI Change Request. Additionally, if Landlord disapproves of the item proposed by Tenant, then Landlord shall deliver to Tenant its written explanation for such disapproval and proposal for modifications and the parties shall negotiate in good faith to reach agreement on the item proposed.