Common use of Changes to Construction Documents Clause in Contracts

Changes to Construction Documents. Tenant shall not make any Material Modifications to the Construction Drawings, Specifications, Construction Schedule, Construction Budget, the contracts with the Construction and Architect (collectively, the “Construction Documents”) without the prior written approval of the Chief Real Estate Officer. All requests for approval of changes to the Construction Documents shall be submitted by Tenant to the Chief Real Estate Officer together with a reasonably detailed explanation of the reasons for the requested change and any impact that such change may have on the Construction Budget and/or Construction Schedule, if any. If the Chief Real Estate Officer approves the requested change, then Tenant shall provide the Chief Real Estate Officer with a copy of the approved revised Construction Documents and the Tenant shall be obligated to complete the Work in accordance with such revised Construction Documents. Chief Real Estate Officer shall have thirty (30) days following receipt of any requested Material Modifications to the Construction Documents within which to approve or disapprove such submission in writing. If Chief Real Estate Officer fails to approve or disapprove such submission within such thirty (30) day period, Tenant shall thereafter deliver to a transmittal letter to the Chief Real Estate Office containing the following text prominently displayed in bold-faced type on the first page:‌ “PURSUANT TO SUBSECTION 5.1.2 OF THE LEASE, YOU HAVE TWENTY (20) DAYS AFTER RECEIPT OF THIS LETTER TO APPROVE OR DISAPPROVE TENANT’S PROPOSED CHANGE(S) TO THE CONSTRUCTION SCHEDULE. YOUR FAILURE TO DISAPPROVE THE SAME IN WRITING WITHIN TWENTY (20) DAYS OF YOUR RECEIPT OF THIS LETTER WILL CONSTITUTE YOUR APPROVAL OF SUCH CHANGE(S) TO THE CONSTRUCTION SCHEDULE.” Failure of Chief Real Estate Officer to approve or disapprove such requested change to the Construction Documents in writing within said additional twenty (20) day period shall be deemed approval of the same. Concurrently with any disapproval of such proposed change by Chief Real Estate Officer, Chief Real Estate Officer shall disclose to Tenant in writing Chief Real Estate Officer’s objections to the proposed change together with its proposed modification that will be necessary to obtain Chief Real Estate Officer’s approval. Chief Real Estate Officer’s approval of any changes to the Construction Documents shall not relieve or otherwise affect Tenant’s obligations under this Lease with respect to the commencement and completion of the Work on or before the respective required dates for such commencement and completion set forth in this Lease. Any subsequent Material Modifications to the Tenant’s Construction Documents shall require the written approval of the Chief Real Estate Officer in accordance with the procedure set forth in this Subsection 5.1.2.

Changes to Construction Documents. Tenant (1) City and Developer acknowledge and agree that: (a) Developer shall not be permitted to authorize Architect and Space Planner, as applicable, to make any Material Modifications to the Construction Drawings, Specifications, Construction Schedule, Construction Budget, the contracts with the Construction and Architect (collectively, the “Construction Documents”) without the prior written approval of the Chief Real Estate Officer. All requests for approval of changes such Legally Required Changes to the Construction Documents as may be required in connection with the issuance of permits for the construction of the Base Building Improvements and/or the Space Improvements, as applicable, without City’s consent; (b) Except as otherwise expressly provided herein, Developer shall be submitted by Tenant permitted to authorize Developer Change Orders and Legal Change Orders without City’s consent, however, in the Chief Real Estate Officer together event that Developer shall elect to proceed with a reasonably detailed explanation Developer Change Order or Legal Change Order and, in the case of a Developer Change Order, regardless of whether City’s consent to such Developer Change Order is required hereunder, Developer shall furnish the related Change Order Documentation to City promptly following Developer’s receipt of the reasons for same from Contractor; however; (c) In the requested change and any impact event that such change may have on the Construction Budget and/or Construction Schedule, if any. If the Chief Real Estate Officer approves the requested change, then Tenant City shall provide the Chief Real Estate Officer desire to proceed with a copy City Change Order, it shall furnish a Proposed Change Order Notice to Developer; (d) In the event that City shall deliver a Proposed Change Order Notice to Developer, Developer shall instruct Contractor to prepare the relevant Change Order Documentation and promptly furnish the same to City and Developer; (e) In the event that City shall desire to proceed with a City Change Order following its receipt of the approved revised Construction Documents and Change Order Documentation, City shall deliver a Change Order Confirmation Notice to Developer within three (3) Business Days of its receipt of the Tenant applicable Change Order Documentation; however, no City Change Order shall be obligated authorized without Developer’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed; (f) In the event that Developer shall desire to complete proceed with a Developer Change Order which shall result in a material change in the Work design of the Base Building Improvements and/or Space Improvements, as applicable, Developer shall furnish a Proposed Change Order Notice to City; (g) In the event that Developer shall deliver a Proposed Change Order Notice to City pursuant to Section 5.J.(1)(f) above, Developer shall instruct Contractor to prepare the relevant Change Order Documentation and promptly furnish the same to City and Developer; (h) In the event that Developer shall desire to proceed with a Developer Change Order which shall result in accordance with such revised Construction Documents. Chief Real Estate Officer shall have thirty (30) days a material change in the design of the Base Building Improvements and/or Space Improvements, as applicable, following its receipt of any requested Material Modifications the Change Order Documentation, Developer shall deliver a Change Order Confirmation Notice to City within three (3) Business Days of its receipt of the Construction Documents within applicable Change Order Documentation; however, no Developer Change Order which to approve or disapprove such submission shall result in writing. If Chief Real Estate Officer fails to approve or disapprove such submission within such thirty (30) day perioda material change in the design of the Base Building Improvements and/or Space Improvements, Tenant shall thereafter deliver to a transmittal letter to the Chief Real Estate Office containing the following text prominently displayed in bold-faced type on the first page:‌ “PURSUANT TO SUBSECTION 5.1.2 OF THE LEASEas applicable, YOU HAVE TWENTY (20) DAYS AFTER RECEIPT OF THIS LETTER TO APPROVE OR DISAPPROVE TENANT’S PROPOSED CHANGE(S) TO THE CONSTRUCTION SCHEDULE. YOUR FAILURE TO DISAPPROVE THE SAME IN WRITING WITHIN TWENTY (20) DAYS OF YOUR RECEIPT OF THIS LETTER WILL CONSTITUTE YOUR APPROVAL OF SUCH CHANGE(S) TO THE CONSTRUCTION SCHEDULE.” Failure of Chief Real Estate Officer to approve or disapprove such requested change to the Construction Documents in writing within said additional twenty (20) day period shall be deemed approval authorized without City’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed. (2) The Applicable GMP Component shall be increased or decreased by the amount of the same. Concurrently Contractor’s fixed price cost addition or cost savings submitted to City and Developer as part of the Change Order Documentation in connection with any disapproval of such proposed change by Chief Real Estate Officer, Chief Real Estate Officer shall disclose to Tenant in writing Chief Real Estate Officer’s objections to the proposed change together with its proposed modification that will be necessary to obtain Chief Real Estate Officer’s approval. Chief Real Estate Officer’s approval of any changes to the Construction Documents shall not relieve or otherwise affect Tenant’s obligations under this Lease with respect to the commencement and completion of the Work on or before the respective required dates for such commencement and completion set forth in this Lease. Any subsequent Material Modifications to the Tenant’s Construction Documents shall require the written approval of the Chief Real Estate Officer Change Order in accordance with the procedure set forth terms of Section 5.J.(1)(e) above, provided that in no event shall the increase in the Applicable GMP Component resulting from any Developer Change Order exceed the Maximum Developer Change Order Amount, (3) All extensions of the time of construction resulting from any Developer Change Orders shall constitute Developer Delay; and (4) All extensions of the time of construction resulting from any City Change Orders shall constitute City Delay, but only to the extent of the change in the contract time resulting from such change submitted to City and Developer as part of the Change Order Documentation in accordance with the terms of Section 5.J.(1)(e) above; (5) In the event that any Developer Change Order shall result in an increase of the Applicable GMP Amount by ten percent (10%) or more, Developer shall furnish to City, upon City’s request, such documentation as City may reasonably request in order to confirm that Developer has sufficient resources to pay the amount of such increase in the Applicable GMP Amount; (6) Notwithstanding anything to the contrary contained herein, any increases or decreases to the Purchase Price resulting from increases or decreases in the Applicable GMP Component pursuant to this Section 5.J. shall be in addition to, and shall not be limited by or deemed to be duplicative of, increases or decreases to the Purchase Price, as applicable, provided for elsewhere in this Subsection 5.1.2Agreement.