Change Costs definition

Change Costs means all costs or expenses attributable ------------ to any change in the Plans and Specifications which, when added to other costs and expenses incurred in completing the Work, exceed Allowance, including, without limitation, (i) any cost caused by direction of Tenant to omit any item of Work contained in the Plans and Specifications, (ii) any additional architectural or engineering services, (iii) any changes to materials in the process of fabrication, (iv) the cancellation or modification of supply or fabricating contracts, (v) the removal or alteration of any Work or any plans completed or in process, or (vi) delays affecting the schedule of the Work.

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Change Costs means any increase in the Cost of the Work ------------ attributable to any change in the scope of the Work requested or made necessary by Sublessee or its representatives, including, without limitation, (1) a direction by Sublessee to add to, modify or omit any item of Work contained in the Plans and Specifications, (2) any additional architectural, design or engineering services, (3) any changes to materials in the process of fabrication, (4) the cancellation or modification of supply or fabricating contracts, or (5) the removal or alteration of any Work completed or in process.

Change Costs means all costs and expenses attributable to any Change Order requested by Tenant, including, but not limited to: (i)any additional architectural or engineering services, (ii) any changes to materials in process of fabrication, (iii) cancellation or modification of supply or fabricating contracts, (iv) the removal or alteration of any tenant improvements or any plans completed or in process or (v) delays affecting the schedule of the Interior Tenant Improvements; provided, however, that Tenant shall only be required to pay such Change Costs if Landlord has given Tenant an estimate of such Change Costs prior to Tenant’s approval thereof and such actual Change Costs do not exceed an amount which is 105% of such estimate. Tenant shall not be responsible for any actual Change Costs which exceed 105% of Landlord’s estimate. With respect to any “punch list” items regarding the Leasehold Improvements which are identified by Tenant in writing to Landlord within thirty (30) days following Tenant’s occupancy of the Premises and which are not completed by Landlord within thirty (30) days following receipt of such written notice (or longer period of time as is necessary to effect the completion of any such “punch list” item; provided, Landlord commences the completion within said thirty (30) day period and proceeds diligently thereafter), then Tenant shall have the right to complete said item, and the full amount of the reasonable cost and expenses entailed shall be owing by Landlord to Tenant within said thirty (30) days following Landlord’s receipt of Tenant’s request for payment, supported by invoices and paid receipts, but in no event (except as expressly provided in paragraph 32) shall Tenant have Initial:

Examples of Change Costs in a sentence

• Landlord's obligation for payment with respect to the Work shall not exceed the aggregate amount of Landlord's Costs; and after Landlord has paid Landlord's Costs, Tenant shall thereafter pay all Cost of the Work as and when invoiced to Tenant by Landlord, including, without limitation, any Change Costs.

• Landlord’s obligation for payment with respect to the Work shall not exceed the aggregate amount of Landlord’s Costs; and after Landlord has paid Landlord’s Costs, Tenant shall thereafter pay all Cost of the Work as and when invoiced to Tenant by Landlord, including, without limitation, any Change Costs.

• In connection with the foregoing provisions, Tenant shall reimburse Landlord for the Expansion Premises Tenant Extra Improvements Costs (if any) and the Expansion Premises Change Costs (if any) within ten (10) business days after Landlord’s delivery of a statement of such costs to Tenant.

• Purchaser shall pay to Supplier any out-of-pocket costs incurred in order to implement any changes made under this Section 3.3(b) to Manufacture the Products (“Purchaser Reimbursable Change Costs”); provided that Supplier has obtained Purchaser’s prior written consent prior to commencing implementation of any such change and incurring such Purchaser Reimbursable Change Costs.

• Supplier shall use commercially reasonable efforts to minimize all Purchaser Reimbursable Change Costs.

• In the event that Parent reasonably and in good faith disagrees with the Rejected Change Cost Statement and/or the amount of Rejected Change Costs as calculated, Parent shall deliver written notice of such disagreement to Buyer, which notice shall include Parent’s reasonably detailed explanation of the basis of the disagreement and a reasonably detailed calculation of the Rejected Change Costs (a “Rejected Change Objection Notice”).

• For the avoidance of doubt, the Rejected Change Costs shall not include the cost of the Buyer Changes itself that would be incurred once the Company’s construction work and improvements in lieu of the requested Buyer Changes and FF&E purchased over Buyer’s objection are removed nor any costs related to or caused by Buyer Changes.

• Parent shall have sixty (60) days from the date of receipt of the Rejected Change Cost Statement to review the computations of the Rejected Change Costs reflected on the Rejected Change Cost Statement.

• None of the Required Change Costs borne by the Parties pursuant to Section 3.2(c) shall be included in Cubist's Manufacturing Cost for purposes of calculating the Transfer Price.

• In connection with the review of the Rejected Change Cost Statement, Buyer shall make available to Parent and its auditors or other advisors (if any) all records relating to the substantiation and calculation of the Rejected Change Costs that Parent and its auditors or other advisors (if any) reasonably request in reviewing the Rejected Change Cost Statement.

More Definitions of Change Costs

Change Costs shall have the meaning ascribed to it in Section 22.4.

Change Costs means the net increase (after taking into account any savings from any Change Order or prior Change Orders), if any, in the actual out-of-pocket cost, including, without limitation, the actual construction costs attributable to a Change Order, including Contractor's "markup ", and any costs incurred by the LESSOR to design and engineer the Change Order) to be incurred by LESSOR to complete the work associated with the Change Order, including, without limitation, the costs of any demolition, removal or reconfiguration of completed work, mobilization and de-mobilization charges of subcontractors, overhead and profit allowance to subcontractors, restocking, pickup and redelivery charges of suppliers, costs of government permits and/or additional inspections caused by such change, Contractor's additional supervision and general conditions costs and additional interest or other financing charges attributable to the period of any Change Delay caused by such Change Order. The term "Change Delay " means the period that Substantial Completion of the Tenant Improvements is delayed on account of any Change Order, which shall be calculated without regard to the Contractor's acceleration of the work and/or other extraordinary measures to mitigate such delay, and such delay period shall include the time reasonably required for processing of the Change Order, for any demolition, removal or reconfiguration of completed work, mobilization and de-mobilization of subcontractors and Contractor's forces, ordering, restocking, pickup and redelivery of materials from suppliers, the time required for completion of the work actually changed by the Change Order, the time required to obtain any additional government approvals or inspections of such changes and the period of time that LESSEE delays making any payment due under this section 5.4 of this Addendum.

Change Costs means the total of (i) all costs or expenses incurred by Landlord as a result of any change in Tenant's Plans or in any of Tenant's other plans or specifications, including, without limitation (whether or not the change is to Landlord's Work), costs or expenses relating to (i) any additional architectural or engineering services, (ii) any changes to Glossary - 1 materials in process of fabrication, (iii) cancellation or modification of supply or fabric contracts, (iv) removal or alteration of work or plans completed or in process, and (v) the cost of obtaining and maintaining any additional governmental permits and authorizations which may be required in connection with Tenant's Changes.

Change Costs means the Cost of the Tenant Work attributable to any Change Order, including, without limitation, (i) any cost caused by direction of Tenant to omit any item of Tenant Work contained in the Plans and Specifications, (ii) any changes to materials in the process of fabrication, (iii) the cancellation or modification of supply or fabricating contracts, (iv) the removal or alteration of any Tenant Work or any plans completed or in process, or (v) delays affecting the schedule of the Tenant Work. The amounts payable to Landlord pursuant to this Work Agreement shall constitute Rent due pursuant to the Lease.

Change Costs means all costs or expenses attributable to any change in the Construction Plans requested or approved by Tenant, including (i) any cost caused by direction of Tenant to omit any item of Work contained in the Construction Plans as previously approved by Tenant, (ii) any additional architectural or engineering services or Landlord requested modifications after approval of Construction Plans, (iii) any changes to materials in the process of fabrication, (iv) the cancellation or modification of supply or fabricating contracts, (v) the removal or alteration of any Work or any plans completed or in process as previously approved by Tenant, or (vi) any Tenant's Delays affecting the completion of the Work. Notwithstanding the foregoing, Tenant will not be responsible to reimburse Landlord for any costs that exceed the Tenant Improvement Allowance which are not previously approved by Tenant in writing, or any costs incurred due to Landlord delays or contractor mistakes.