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

Tenant’s Right to Request Changes. Tenant shall request Changes, --------------------------------- if any, by giving Notice to Landlord 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. Tenant's Representative must sign such Change Request. Landlord, before proceeding with any Change, shall use commercially reasonable efforts to respond to Tenant as soon as reasonably possible with an estimate of: (i) the period of time, if any, that the Change will extend the date on which Landlord's Work will be Substantially Complete; and (ii) the architectural and engineering fees and costs that will be incurred to analyze such Change Request. Within 10 business days 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), 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: Work Letter (Paradigm Genetics Inc)

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Tenant’s Right to Request Changes. Tenant shall request Changes, --------------------------------- if any, by giving Notice to Landlord in substantially the same form as the AIA standard change order form (a "CHANGE REQUESTChange Request"), which Change Request shall detail the nature and extent of any such Change. Tenant's Representative must sign such Change Request. Landlord, before proceeding with any Change, shall use commercially reasonable efforts to respond to Tenant as soon as reasonably possible with an estimate of: (i) the period of time, if any, that the Change will extend the date on which Landlord's Work will be Substantially Complete; and (ii) the architectural and engineering fees and costs that will be incurred to analyze such Change Request. Within 10 business days 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), 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 (Paradigm Genetics Inc)

Tenant’s Right to Request Changes. Tenant shall request Changes, --------------------------------- if any, by giving Notice to Landlord 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. Tenant's Representative must sign such Change Request. Landlord, before proceeding with any Change, shall use commercially reasonable efforts to respond to Tenant as soon as reasonably possible with an estimate of: (i) the period of time, if any, that the Change will extend the date on which Landlord's Work will be Substantially Complete; and (ii) the architectural and engineering fees and costs that will be incurred to analyze such Change Request. Within 10 business days 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), 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 (Paradigm Genetics Inc)

Tenant’s Right to Request Changes. If Tenant shall request Changeschanges to the Landlord's Improvements or if Tenant shall request changes to the Tenant's Improvements after acceptance by Landlord and Tenant of the Preliminary TI Plans, --------------------------------- if anyas modified by the VE Items (collectively, "CHANGES"), Tenant shall request such Changes by giving Notice to 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 must sign such Change RequestRepresentative. LandlordLandlord shall, before proceeding with any Change, shall use commercially reasonable its best efforts to respond to Tenant as soon as is reasonably possible with an estimate of: (i) the period of timetime it will take, if any, that the Change will extend the date on which Landlord's Work will be Substantially Complete; and (ii) the architectural and engineering fees and costs that which will be incurred incurred, to analyze such Change RequestRequest (which costs shall be paid from the TI Fund to the extent actually incurred, whether or not such change is implemented). Within 10 Landlord shall thereafter submit to Tenant in writing, within 5 business days after Landlord's 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), Landlord shall submit to Tenant a written 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 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 (Acusphere Inc)

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Tenant’s Right to Request Changes. If Tenant shall request changes to Landlord's Work ("Changes"), --------------------------------- if any, Tenant shall request such Changes by giving Notice to notifying Landlord in writing in substantially the same form as the AIA standard change order form (a "CHANGE REQUESTChange Request"), which Change Request shall detail the nature and extent of any such Change. Such Change Request must be signed by Tenant's Representative must sign Representative. 4.1.1 If such Change Request. Request relates to Landlord's Improvements or the Central Plant, Landlord shall, before proceeding with any Change, shall use commercially reasonable its best efforts to respond to Tenant as soon as reasonably possible with an estimate of: (i) the period of timetime it will take, if any, that the Change will extend the date on which Landlord's Work will be Substantially Complete; and (ii) the architectural and engineering fees and costs that which will be incurred incurred, to analyze such Change Request. Within 10 business days after Landlord's 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), Landlord 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. 4.1.2 If such Change Request relates to the Tenant Improvements, Tenant shall cause the TI Architect to estimate: (i) the time it will take, and (ii) the architectural and engineering fees and costs which will be incurred, to analyze such Change Request. Thereafter Landlord, the TI Architect and Landlord's general contractor for the Tenant Improvements shall analyze the Change Request and submit to Tenant a written 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 to the extent affected or potentially affect by the proposed Change while any such Change is being evaluated and/or designed, shall be a Tenant Caused Delay. Notwithstanding ; provided, however, that Tenant shall have the foregoing, right to approve or disapprove any suspension of Landlord's Work may not of building the Tenant Improvements and/or the Central Plant while any such Change is being evaluated, provided, further that if Tenant disapproves any suspension of such work, Tenant shall be suspended as a result solely responsible for all costs of removing and/or rebuilding any Change Request unless specifically such Work to the extent affected by any approved by TenantChange.

Appears in 1 contract

Samples: Lease Agreement (Biogen Inc)

Tenant’s Right to Request Changes. If Tenant shall request Changeschanges to the Landlord's Improvements or if Tenant shall request changes to the Tenant's Improvements after acceptance by Landlord and Tenant of the Preliminary TI Plans, --------------------------------- if anyas modified by the VE Items (collectively, "CHANGES"), Tenant shall request such Changes by giving Notice to 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 must sign such Change RequestRepresentative. LandlordLandlord shall, before proceeding with any Change, shall use commercially reasonable its best efforts to respond to Tenant as soon as is reasonably possible with an estimate of: (i) the period of timetime it will take, if any, that the Change will extend the date on which Landlord's Work will be Substantially Complete; and (ii) the architectural and engineering fees and costs that which will be incurred incurred, to analyze such Change RequestRequest (which costs shall be paid from the TI Fund to the extent actually incurred, whether or not such change is implemented). Within 10 Landlord shall thereafter submit to Tenant in writing, within 5 business days after Landlord's of receipt of the Change Request (or such longer period of time as is reasonably required depending on the extent of the Change Request), Landlord shall submit to Tenant a written 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 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 (Acusphere Inc)

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