Common use of Changes Requested by Tenant Clause in Contracts

Changes Requested by Tenant. (a) Tenant may request Base Building Changes or Tenant Improvement Changes after Landlord approves the Approved Tenant Plans, as applicable, by notifying Landlord thereof in writing in substantially the same form as the AIA standard change order form (a “Tenant Change Order Request”), which Tenant Change Order Request shall detail the nature and extent of any requested Base Building Changes or Tenant Improvement Changes. If the nature of a Tenant Change Order Request requires revisions to the Approved Tenant Plans, then Tenant shall be solely responsible for the cost and expense of such revisions. Tenant Change Order Requests shall be signed by Tenant’s Authorized Representative. (b) Landlord shall approve or reject any Tenant Change Order Requests in accordance with the procedures established pursuant to Section 2. If Landlord does not approve in writing a Tenant Change Order Request, then such Tenant Change Order Request shall be deemed approved by Landlord as long as Landlord receives with such written Tenant Change Order Request all information reasonably necessary to permit Landlord to consider such request. If Landlord fails to grant or deny the requested Tenant Change Order Request within five (5) business days after it receives Tenant’s request (and all required additional information, if any), then Landlord shall be deemed to have NY\5747656.2 granted its consent to a given Tenant Change Order Request. These deemed consent procedures for Tenant Change Order Requests shall have no application to any other consent by Landlord.

Changes Requested by Tenant. If Tenant shall request any changes to the Plans after Tenant, as contemplated under Paragraph 4 above, either: (ai) Tenant may request Base Building Changes or Tenant Improvement Changes after Landlord approves the Approved Tenant PlansPlans and the initial Estimate (or revised Plans and revised Estimate, as applicable, by notifying Landlord thereof in writing in substantially the same form as the AIA standard change order form (a “Tenant Change Order Request”case may be), which Tenant Change Order Request shall detail or (ii) fails timely to approve the nature revised Plans and extent of any requested Base Building Changes or Tenant Improvement Changes. If the nature of a Tenant Change Order Request requires revisions to the Approved Tenant Plans, then Tenant shall be solely responsible for the cost and expense of such revisions. Tenant Change Order Requests shall be signed by Tenant’s Authorized Representative. (b) Landlord shall approve or reject any Tenant Change Order Requests revised Estimate in accordance with the procedures established pursuant to penultimate sentence of Section 2. If Landlord does not approve in writing a Tenant Change Order Request4, then such Tenant Change Order Request changes (other than those necessary to make the Plans conform to the Fit Plan) shall be deemed subject to Landlord’s approval, which approval shall not be unreasonably withheld or conditioned. Landlord shall have the plans for any approved change prepared and shall submit an Estimate of the costs to be incurred by Landlord as long as Landlord receives in connection with such proposed change. Such Estimate shall include a breakdown and show direct costs of labor and materials, general conditions, fees and insurance, each of which Landlord agrees shall not be charged at rates which exceed the percentages payable for such items for the initial scope of work shown on the Plans. Tenant, within three (3) Business Days, shall notify Landlord in writing whether it desires to proceed with such change. In the absence of such written Tenant Change Order Request all information reasonably necessary authorization. Landlord shall have the option to permit Landlord to consider such request. If Landlord fails to grant or deny continue work on the Premises disregarding the requested revision. As an alternative to the foregoing, and in order to ensure that construction is not delayed, Tenant Change Order Request within five (5) business days after it receives Tenant’s request (may in its sole discretion provide Landlord with approval to proceed with Tenant requested changes prior to completion of revisions to the Plans therefor on a “time and all required additional information, if any), then materials” basis. Any delay in the performance of the Landlord Work arising from any change proposed by Tenant shall be deemed to have NY\5747656.2 granted its consent to be a given Tenant Change Order Request. These deemed consent procedures for Delay, and all costs incurred by Landlord as the result of any change proposed by Tenant Change Order Requests shall have no application to any other consent by Landlordbe included in Permitted Costs and the Cost of Tenant Improvement Work.