Plans and Specifications. (a) Any fees or other costs incurred by the Buyer in connection with the preparation of the plans and Specifications or any modifications thereto by the Designer, are the responsibility of the Buyer and are not included in the Buyer's Payments. The Buyer represents and warranties that said Plans and Specifications shall be sufficient for Builder to complete construction of the Vessel. (b) Change Orders shall be authorized only upon the written and signed consent of both the Builder and the Buyer. Any request for a Change Order shall be made in writing and submitted to the Builder for approval. The Builder's approval and signature shall not be unreasonably withheld. The Builder's approval of any Change Order shall be conditioned upon any statement endorsed on the Change Order of: (i) The estimated additional cost or savings in cost, if any, of Materials in effecting the Change Order; (ii) The addition to or reduction in man hours of labor, if any, to result from compliance with the requested Change Order; and (iii) Any adjustment in the Estimated Delivery Date necessitated by the Change Order; The Change Order shall then be submitted to the Buyer for approval. If the Buyer approves the Change Order, he shall sign the Change Order and return it to the Builder. (c) Once approved as provided herein, a Change Order shall have the effect of modifying the Plans and Specifications consistent with the Change Order. Further, an approved Change Order shall act to increase or decrease the man hours in accordance with the estimate contained in the Change Order and shall act to adjust the Estimated Delivery Date in any manner set forth in the Change Order. (d) Builder shall submit Invoices to Buyer for any Additional Labor Charges or Additional Material Charges and such Invoices shall itemize all Additional Materials and Additional Man Hours by reference to specific Change Order. (e) If at any time it becomes apparent that Additional Labor Charges or Additional Material Charges on account of a Change Order exceed the estimates approved in the Change Order by more than ten (10%) percent, Builder shall immediately notify Buyer with an explanation of the discrepancy. If Builder fails to give the notice required hereunder, it shall not be entitled to be paid on account of the Change Order more than the amounts estimated in the Change Order as approved by the Buyer. (f) Work accomplished not in conformity with the Plans and Specifications and not authorized by the Buyer may at Buyer's option (i) be deemed an amendment to the Plans and Specifications, without charge, or (ii) be required to be brought into conformity at Builder's expense.
Appears in 3 contracts
Sources: Vessel Construction Agreement (Lighthouse Fast Ferry Inc), Vessel Construction Agreement (Lighthouse Fast Ferry Inc), Vessel Construction Agreement (Lighthouse Landings Inc)
Plans and Specifications. Lessee shall submit to Lessor for its approval a complete set of the Plant Layout Plans and the Interconnection Plans, respectively. The Plant Layout Plans and the Interconnection Plans shall be consistent in all material respects with the description of the LNG Facility contained on Exhibit "C". Provided that the Plant Layout Plans and the Interconnection Plans are in all material respects consistent with said description, the other provisions of this Lease and all Legal Requirements, Lessor shall not unreasonably withhold its consent to such plans. Lessor shall either approve or disapprove each submittal pursuant to this Section 8.1 as soon as is reasonably practical after receipt of a complete submittal, but in any event within [***] after receipt thereof (aand if such submittal is a request for an approval of a modification to a previously-approved submittal, within [***] after receipt thereof). Lessor's failure to respond within such [***] period (or such [***] period, as applicable) Any fees shall be deemed as its approval of the submittal (or modification, as applicable). If Lessor disapproves of the submittal, it shall so notify Lessee in writing within said [***] period, (or [***] period as applicable) and, at the same time, provide Lessee with a reasonably detailed statement of the reasons why such submittal was disapproved. In such latter event, Lessor and Lessee agree to cooperate reasonably with each other costs in resolving any objections of the other to the submittal or requested revisions. Once the Plant Layout Plans and Interconnection Plans have been approved by Lessor, such approval shall be binding on Lessor (absent a misrepresentation by Lessee) and no further approval by Lessor of such plans or Permits shall be required unless such plans are subsequently modified in any material respect, in which case such modifications shall be subject to Lessor's approval in accordance with this Section 8.1. Lessor shall not be deemed to have incurred by the Buyer or assumed any obligation or responsibility in connection with the preparation any aspect of the plans Plant Layout Plans or the Interconnection Plans, and Specifications nothing in the Project Agreements, nor any act or failure to act on the part of Lessor, shall be construed as a warranty or representation as to the adequacy or fitness of the LNG Facility or any modifications thereto aspect thereof or a waiver of a claim by Lessor relating to the Designer, are LNG Facility. Once the responsibility of the Buyer and are not included in the Buyer's Payments. The Buyer represents and warranties that said Plant Layout Plans and Specifications shall be sufficient for Builder to complete construction of the Vessel.
(b) Change Orders shall be authorized only upon the written and signed consent of both the Builder and the Buyer. Any request for a Change Order shall be made in writing and submitted to the Builder for approval. The Builder's approval and signature shall not be unreasonably withheld. The Builder's approval of any Change Order shall be conditioned upon any statement endorsed on the Change Order of:
(i) The estimated additional cost or savings in cost, if any, of Materials in effecting the Change Order;
(ii) The addition to or reduction in man hours of labor, if any, to result from compliance with the requested Change Order; and
(iii) Any adjustment in the Estimated Delivery Date necessitated by the Change Order; The Change Order shall then be submitted to the Buyer for approval. If the Buyer approves the Change Order, he shall sign the Change Order and return it to the Builder.
(c) Once approved as provided herein, a Change Order shall Interconnection Plans have the effect of modifying the Plans and Specifications consistent with the Change Order. Further, an approved Change Order shall act to increase or decrease the man hours in accordance with the estimate contained in the Change Order and shall act to adjust the Estimated Delivery Date in any manner set forth in the Change Order.
(d) Builder shall submit Invoices to Buyer for any Additional Labor Charges or Additional Material Charges and such Invoices shall itemize all Additional Materials and Additional Man Hours by reference to specific Change Order.
(e) If at any time it becomes apparent that Additional Labor Charges or Additional Material Charges on account of a Change Order exceed the estimates approved in the Change Order by more than ten (10%) percent, Builder shall immediately notify Buyer with an explanation of the discrepancy. If Builder fails to give the notice required hereunder, it shall not be entitled to be paid on account of the Change Order more than the amounts estimated in the Change Order as been approved by the Buyer.
(f) Work accomplished not in conformity with the Plans Lessor, Lessor and Specifications and not authorized by the Buyer may at Buyer's option (i) be deemed Lessee shall enter into an amendment to the this Lease which supplements Exhibit "C" with references to title and date all such approved Plant Layout Plans and Specifications, without charge, or (ii) be required to be brought into conformity at Builder's expenseInterconnection Plans.
Appears in 2 contracts
Sources: Ground Lease (Clean Energy Fuels Corp.), Ground Lease (Clean Energy Fuels Corp.)
Plans and Specifications. The architect for the Tenant Improvements shall be Alliance Architecture (a) Any fees or other the “Architect”). Tenant shall enter into an architectural contract with Architect with respect to the services to be performed by Architect under this Exhibit D, but the costs incurred by the Buyer in connection with the preparation of the plans and Specifications or any modifications respect thereto by the Designer, are the responsibility of the Buyer and are not included in the Buyer's PaymentsConstruction Costs (defined below). The Buyer represents and warranties that said Plans and Specifications shall be sufficient for Builder to complete construction By no later than 90 days after the Effective Date of the Vessel.
(b) Change Orders Lease, Tenant shall be authorized only upon cause the written and signed consent of both the Builder and the Buyer. Any request for a Change Order shall be made in writing and submitted Architect to the Builder for approval. The Builder's approval and signature shall not be unreasonably withheld. The Builder's approval of any Change Order shall be conditioned upon any statement endorsed on the Change Order of:
(i) The estimated additional cost or savings in cost, if any, of Materials in effecting the Change Order;
(ii) The addition to or reduction in man hours of labor, if any, to result from compliance with the requested Change Order; and
(iii) Any adjustment in the Estimated Delivery Date necessitated by the Change Order; The Change Order shall then be submitted to the Buyer for approval. If the Buyer approves the Change Order, he shall sign the Change Order and return it to the Builder.
(c) Once approved as provided herein, a Change Order shall have the effect of modifying the Plans and Specifications consistent with the Change Order. Further, an approved Change Order shall act to increase or decrease the man hours prepare working drawings in accordance with the estimate contained Initial Plans and submit the working drawings to Landlord for approval, which working drawings shall include the detailed plans and specifications for the construction of the Tenant Improvements. Landlord shall notify Tenant whether it approves of the working drawings within five (5) business days after Landlord’s receipt of the working drawings. If Landlord disapproves of the working drawings, then Landlord shall notify Tenant thereof specifying in reasonable detail the Change Order reasons for such disapproval, in which case Tenant shall, within five (5) business days after such notice, use commercially reasonable efforts to cause the Architect to revise such working drawings in accordance with Landlord’s reasonable objections and submit revised versions to Landlord for its review and approval. Landlord shall notify Tenant in writing whether it approves of the resubmitted working drawings within three (3) business days after Landlord’s receipt of the working drawings. This process shall be repeated until the working drawings have been finally approved by Landlord. The approved working drawings are referred to herein as the “Final Plans.” The Final Plans for the Tenant Improvements shall not negatively impact the Building’s LEED Gold certification, and shall act to adjust satisfy green standard requirements for landscaping on all decks. In the Estimated Delivery Date in event of any manner set forth in the Change Order.
(d) Builder shall submit Invoices to Buyer for any Additional Labor Charges or Additional Material Charges dispute between Landlord and such Invoices shall itemize all Additional Materials and Additional Man Hours by reference to specific Change Order.
(e) If at any time it becomes apparent that Additional Labor Charges or Additional Material Charges on account of a Change Order exceed the estimates approved in the Change Order by more than ten (10%) percent, Builder shall immediately notify Buyer Tenant with an explanation of the discrepancy. If Builder fails to give the notice required hereunder, it shall not be entitled to be paid on account of the Change Order more than the amounts estimated in the Change Order as approved by the Buyer.
(f) Work accomplished not in conformity with the Plans and Specifications and not authorized by the Buyer may at Buyer's option (i) be deemed an amendment respect to the Plans and Specificationsworking drawings or Final Plans, without charge, or (ii) be required either party may submit the matter to be brought into conformity at Builder's expensearbitration pursuant to Section 18 below.
Appears in 2 contracts
Sources: Office Building Lease, Office Building Lease (Avalara Inc)
Plans and Specifications. (a) Any fees or other costs incurred by the Buyer in connection with the preparation of the plans and Specifications or any modifications thereto by the DesignerExcept as otherwise provided below, are the responsibility of the Buyer and are not included there ------------------------ shall be no change in the Buyer's Payments. The Buyer represents and warranties that said Plans and Specifications shall be sufficient for Builder to complete construction of the Vessel.
(b) Change Orders shall be authorized only upon the without Lender's prior written and signed consent of both the Builder and the Buyer. Any request for a Change Order shall be made in writing and submitted to the Builder for approval. The Builder's , which approval and signature shall not be unreasonably withheldwithheld or delayed. The BuilderRequests for approval shall be submitted on a change order form acceptable to Lender signed by Borrower and, if required by Lender, the project architect and the general contractor (if any), accompanied by working drawings and a written narrative of the proposed change. As conditions to its approval, (a) Lender may require reasonably satisfactory evidence of the cost of the proposed change and the time necessary to complete the proposed change, and (b) to the extent Lender reasonably determines that the proposed change shall result in increased cost, Lender may require Borrower to deposit the reasonable amount of the increased cost into the Borrower's Funds Account in accordance with Section ------- 3.01(b). Borrower acknowledges that this approval process may result in delays ------- and consents to all such delays. Provided that Borrower submits any proposed change order to Lender together with a cover letter specifying that Lender is to reply within fifteen (15) days of its receipt thereof pursuant to this Section ------- 4.05, Lender shall be deemed to have approved such change order if it fails to ---- object in writing within fifteen (15) days of Lender's receipt of any Change Order shall be conditioned upon any statement endorsed on such change order and notice. Upon Lender's request, Borrower, the Change Order of:
project architect, and the general contractor (i) The estimated additional cost or savings in cost, if any), shall initial the copy of Materials in effecting the Change Order;
(ii) The addition to or reduction in man hours of labor, if any, to result from compliance with the requested Change Order; and
(iii) Any adjustment in the Estimated Delivery Date necessitated by the Change Order; The Change Order shall then be submitted to the Buyer for approval. If the Buyer approves the Change Order, he shall sign the Change Order and return it to the Builder.
(c) Once approved as provided herein, a Change Order shall have the effect of modifying the Plans and Specifications consistent with the Change Order. Furtherdelivered to, an and approved Change Order shall act to increase or decrease the man hours in accordance with the estimate contained in the Change Order and shall act to adjust the Estimated Delivery Date in any manner set forth in the Change Order.
(d) Builder shall submit Invoices to Buyer for any Additional Labor Charges or Additional Material Charges and such Invoices shall itemize all Additional Materials and Additional Man Hours by reference to specific Change Order.
(e) If at any time it becomes apparent that Additional Labor Charges or Additional Material Charges on account by, Lender as a true copy of a Change Order exceed the estimates approved in the Change Order by more than ten (10%) percent, Builder shall immediately notify Buyer with an explanation of the discrepancy. If Builder fails to give the notice required hereunder, it shall not be entitled to be paid on account of the Change Order more than the amounts estimated in the Change Order as approved by the Buyer.
(f) Work accomplished not in conformity with the Plans and Specifications for the Work. Borrower shall maintain at all times a full set of working drawings for the Work available for inspection by Lender. Notwithstanding the above, Borrower may make minor changes in the Plans and not authorized by the Buyer may at BuyerSpecifications without Lender's option prior written consent unless such change: (i) be deemed constitutes a material change in the building material or equipment specifications, the architectural or structural design, value, architecture, or quality of any of the Improvements; or (ii) would result in an amendment increase in any item of construction cost in excess of TEN THOUSAND AND NO/100THS DOLLARS ($10,000.00) for any single change or in excess of FIFTY THOUSAND AND NO/100THS DOLLARS ($50,000.00) for all such changes in such items of construction cost; or (iii) would affect the structural integrity, quality of building material or equipment or overall efficiency of operating systems or utility systems of the Improvements; or (iv) requires the approval (which has not been given as of the date of any such change) of any Governmental Agency or any other person or entity. Notwithstanding the foregoing, Borrower shall submit all proposed changes to the Plans and Specifications, without charge, Specifications to Lender at least fifteen (15) days prior to the commencement of construction relating to such proposed change whether or (ii) be required not any such change is subject to be brought into conformity at BuilderLender's expenseapproval.
Appears in 2 contracts
Sources: Construction Loan Agreement (New England Life Pension Properties), Construction Loan Agreement (New England Life Pension Properties Ii)
Plans and Specifications. If the Premises are to be built on with tenant improvements, then:
(a) Any fees or other costs incurred by the Buyer in connection Landlord shall provide Tenant with the preparation preliminary plans for the Premises and specifications for all standard items to be contained therein. Within five (5) days after receipt thereof, Tenant shall approve said preliminary plans and specifications and shall provide Landlord with complete and detailed information of additions, deletions or revisions to be contained in the final plans and specifications. Landlord shall thereafter submit said final plans and specifications to Tenant for approval and within five (5) days thereafter, Tenant shall either approve said final plans and specifications, or disapprove them in writing specifying how they are inconsistent with the information provided by Tenant to Landlord. If neither approval nor disapproval is received within said five-day period. Tenant's silence shall be deemed conclusively to be approval of the final plans and Specifications or any modifications thereto specifications. Upon approval of Tenant's final plans and specifications. Landlord shall do the work necessary to put the Premises in condition for occupancy by Tenant in accordance with said final plans and specifications. Landlord, however, shall be obligated only to bear the Designer, are the responsibility cost and expenses of the Buyer items, if any, in Exhibit E attached hereto and are not included in hereby made a part of this lease. Tenant shall bear the Buyercost and expense of any other item on Tenant's Payments. The Buyer represents final plans and warranties that said Plans specifications, and Specifications shall be sufficient for Builder to complete construction of the Vessel.pay such cost and expense upon written demand therefor; and
(b) Change Orders All equipment and installations to be made by Landlord or Tenant shall be authorized only upon of the written type, color and signed consent of both quality selected by Landlord as standard for the Builder Building, and the Buyer. Any request for a Change Order shall be made in writing and submitted to the Builder for approval. The Builder's approval and signature shall not be unreasonably withheld. The Builder's approval of any Change Order shall be conditioned upon any statement endorsed on the Change Order of:
(i) The estimated additional cost or savings in cost, if any, of Materials in effecting the Change Order;
(ii) The addition to or reduction in man hours of labor, if any, to result from compliance with the requested Change Order; and
(iii) Any adjustment in the Estimated Delivery Date necessitated by the Change Order; The Change Order shall then be submitted to the Buyer for approval. If the Buyer approves the Change Order, he shall sign the Change Order and return it to the Builder.
(c) Once approved as provided herein, a Change Order shall have the effect of modifying the Plans and Specifications consistent with the Change Order. Further, an approved Change Order shall act to increase or decrease the man hours in accordance with the estimate contained Landlord's specifications. All contractors, subcontractors, and materialmen performing work in the Change Order Building or the Premises shall be subject to Landlords approval. It is understood and agreed that Tenant may request that materials selected by it be used in lieu of standard materials of the Building. Any such substituted materials which are to be furnished by Landlord at the direction of Tenant will be furnished on an "as available from supplier" basis. If, because materials other than those standard for the Building are substituted. Tenant's move-in is delayed because of non-availability of any such substituted materials, then rent shall act commence on the date the suite would have been ready for occupancy but for Tenant's specification of substituted materials. If Landlord shall approve such substituted materials, which approval Landlord will not unreasonably withhold, then Tenant shall pay to adjust Landlord any increase in the Estimated Delivery Date cost as estimated by Landlord for such substituted materials and the installation thereof over and above Landlord's estimate of the cost of providing and installing standard materials of the Building. Landlord shall notify Tenant of the amount of the increase in cost within a reasonable time after receiving Tenant's request, and Tenant shall have five (5) days to approve such amount or to request further changes in the plans and specifications. If no changes in the plans and specifications are made, or if Tenant does not indicate its approval at such additional amount within five (5) days after receipt of the notification of the increased costs from Landlord, then said increased costs shall be deemed to be approved, and Tenant shall pay this amount upon written demand by Landlord. Tenant shall reimburse Landlord for Landlord's reasonable expenses incurred in any manner set forth in the Change Order.
(d) Builder shall submit Invoices review and/or approval performed by Landlord pursuant to Buyer for any Additional Labor Charges or Additional Material Charges and such Invoices shall itemize all Additional Materials and Additional Man Hours by reference to specific Change Order.
(e) If at any time it becomes apparent that Additional Labor Charges or Additional Material Charges on account this Article 7 and/or Article 11, including without limitation a fee of a Change Order exceed the estimates approved in the Change Order by more than ten (10%) percent, Builder shall immediately notify Buyer with an explanation % of the discrepancy. If Builder fails to give contract price for the notice required hereunder, it shall not be entitled to be paid on account supervision of the Change Order more than the amounts estimated in the Change Order as approved by the Buyerwork of outside contractors.
(f) Work accomplished not in conformity with the Plans and Specifications and not authorized by the Buyer may at Buyer's option (i) be deemed an amendment to the Plans and Specifications, without charge, or (ii) be required to be brought into conformity at Builder's expense.
Appears in 2 contracts
Sources: General Office Lease (Micron Electronics Inc), General Office Lease (Micron Electronics Inc)
Plans and Specifications. Landlord agrees to furnish all of the material and labor and to do all things necessary for the construction of a building and related improvements (atogether, the "Building") Any fees or other costs incurred on the Demised Premises at Landlord's sole cost and expense. The Building shall be constructed in a good and workmanlike manner in accordance with Preliminary Plans and Specifications, and any correspondence amending the same, described in Exhibit B attached hereto and made a part hereof, in accordance with applicable building and zoning regulations as the same are presently enforced by the Buyer governmental bodies having jurisdiction thereof. Landlord agrees to forthwith prepare Final Plans and Specifications in connection accordance with Exhibit B and in accordance with applicable building and zoning regulations and submit the preparation same to Tenant for Tenant's approval. Tenant agrees that it will not withhold its approval except for just and reasonable cause and will not act in an arbitrary or capricious manner with respect to the approval of the plans Final Plans and Specifications. When the Final Plans and Specifications have been approved by Landlord and Tenant by affixing thereon the signature of an authorized officer or any modifications thereto by the Designer, are the responsibility employee of each of the Buyer and are not included in respective parties, the Buyer's Payments. The Buyer represents and warranties that said Final Plans and Specifications shall be sufficient for Builder attached to complete construction each party's copy of the Vessel.
(b) Change Orders shall be authorized only upon the written and signed consent of both the Builder and the Buyer. Any request for a Change Order shall be made in writing and submitted to the Builder for approval. The Builder's approval and signature shall not be unreasonably withheld. The Builder's approval of any Change Order shall be conditioned upon any statement endorsed on the Change Order of:
(i) The estimated additional cost or savings in cost, if any, of Materials in effecting the Change Order;
(ii) The addition to or reduction in man hours of labor, if any, to result from compliance with the requested Change Order; and
(iii) Any adjustment in the Estimated Delivery Date necessitated by the Change Order; The Change Order shall then be submitted to the Buyer for approval. If the Buyer approves the Change Order, he shall sign the Change Order and return it to the Builder.
(c) Once approved as provided herein, a Change Order shall have the effect of modifying the Plans and Specifications consistent with the Change Order. Further, an approved Change Order shall act to increase or decrease the man hours in accordance with the estimate contained in the Change Order this Lease and shall act to adjust supercede the Estimated Delivery Date in any manner set forth in the Change Order.
(d) Builder shall submit Invoices to Buyer for any Additional Labor Charges or Additional Material Charges and such Invoices shall itemize all Additional Materials and Additional Man Hours by reference to specific Change Order.
(e) If at any time it becomes apparent that Additional Labor Charges or Additional Material Charges on account of a Change Order exceed the estimates approved in the Change Order by more than ten (10%) percent, Builder shall immediately notify Buyer with an explanation of the discrepancy. If Builder fails to give the notice required hereunder, it shall not be entitled to be paid on account of the Change Order more than the amounts estimated in the Change Order as approved by the Buyer.
(f) Work accomplished not in conformity with the Plans and Specifications and not authorized by the Buyer may at Buyer's option (i) be deemed an amendment to the Preliminary Plans and Specifications. Landlord agrees to appoint a competent and experienced engineer to work with Tenant in the design of the Building so that the same will meet the requirements of Tenant and Tenant agrees to appoint an officer or employee of Tenant to work with Landlord in the design of the Building. If Tenant requests a change order for the Building after approval by both parties of the Final Plan and Specifications but prior to completion of the Building and Landlord approves such change order, without chargeTenant shall bear the cost of such change order; provided, however, that the net cost or saving of all such change orders shall be determined upon completion of the Building and if the total cost of change orders exceeds the savings of change orders, Tenant shall pay to Landlord such excess of cost over savings within thirty (ii30) be required to be brought into conformity at Builderdays of Tenant's expensereceipt from Landlord of an invoice for the same.
Appears in 1 contract
Plans and Specifications. Lessee shall deliver to Lessor, for approval by Lessor and Agent, the Plans and Specifications for all new improvements it elects to make to each Tract of Property. Once any Plans and Specifications for any Tract of Property are so delivered and approved by Lessor and Agent, Lessee shall not agree to or permit any revision, amendment, supplementation or other modification to such Plans and Specifications without the written consent of Lessor if such revision, amendment, supplementation or modification (either alone or together with all prior revisions, amendments, supplementations and modifications to all Plans and Specifications for all of the Tracts of Property) is reasonably likely to:
(a) Any fees or Cause the Acquisition Prices plus all other costs incurred by the Buyer in connection with the preparation and expenses of acquiring all of the plans Tracts of Property and Specifications or any modifications thereto by the Designer, are the responsibility constructing all of the Buyer New Improvements to all the Tracts of Property in accordance with this Agreement (including all Permitted Improvement Costs and are not included Permitted Transaction Expenses paid or to be paid with Advances) to exceed the lesser of (i) the Total Commitment and (ii) the sum of the most recent Expiration Date Appraisals for all of the Tracts of Property (or, in the Buyer's Payments. The Buyer represents and warranties that said Plans and Specifications shall be sufficient case of any Tract of Property for Builder to complete construction of which Lessee does not deliver an Expiration Date Appraisal, the Vessel.Closing Date Appraisal therefor) ;
(b) Change Orders shall be authorized only upon Make it difficult or impossible to Complete the written and signed consent construction of both all the Builder and the Buyer. Any request for a Change Order shall be made New Improvements to such Tract of Property in writing and submitted accordance with this Agreement on or prior to the Builder for approval. The Builder's approval and signature shall not be unreasonably withheld. The Builder's approval of any Change Order shall be conditioned upon any statement endorsed on the Change Order of:
(i) The estimated additional cost or savings in cost, if any, of Materials in effecting the Change Order;
(ii) The addition to or reduction in man hours of labor, if any, to result from compliance with the requested Change OrderOutside Completion Date; and
(iii) Any adjustment in the Estimated Delivery Date necessitated by the Change Order; The Change Order shall then be submitted to the Buyer for approval. If the Buyer approves the Change Order, he shall sign the Change Order and return it to the Builder.or
(c) Once approved as provided hereinCause the Fair Market Value of such Tract of Property to be less than the most recent Expiration Date Appraisal for such Tract of Property (or, a Change Order shall have the effect of modifying the Plans and Specifications consistent with the Change Order. Further, an approved Change Order shall act to increase or decrease the man hours in accordance with the estimate contained in the Change Order and shall act to adjust case of any Tract of Property for which Lessee does not deliver an Expiration Date Appraisal, the Estimated Delivery Closing Date Appraisal therefor) or otherwise decrease in any manner set forth material amount. Lessee shall notify Lessor promptly in the Change Order.
(d) Builder shall submit Invoices to Buyer for writing of any Additional Labor Charges revision, amendment, supplementation or Additional Material Charges and such Invoices shall itemize all Additional Materials and Additional Man Hours by reference to specific Change Order.
(e) If at any time it becomes apparent that Additional Labor Charges or Additional Material Charges on account of a Change Order exceed the estimates approved in the Change Order by more than ten (10%) percent, Builder shall immediately notify Buyer with an explanation of the discrepancy. If Builder fails to give the notice required hereunder, it shall not be entitled to be paid on account of the Change Order more than the amounts estimated in the Change Order as approved by the Buyer.
(f) Work accomplished not in conformity with the Plans and Specifications and not authorized by the Buyer may at Buyer's option (i) be deemed an amendment other modification to the Plans and Specifications, without charge, or (ii) be required to be brought into conformity at Builder's expense.
Appears in 1 contract
Plans and Specifications. (a) Any fees or other costs incurred a. Landlord, through its architects and engineers, shall prepare construction drawings for the pricing and construction of the Tenant Improvements. At its own expense, Tenant shall provide Landlord's architects and engineers with sufficient instructions, as described below, to enable ▇▇▇▇▇▇▇▇'s architects and engineers to prepare complete plans and specifications for the Tenant Improvements.
b. Tenant's instructions to ▇▇▇▇▇▇▇▇'s architects and engineers shall include all relevant information, including, without limitation, Tenant's budget, special floor loadings, floor openings, air conditioning, plumbing and electrical loads, location and size of telephone equipment, location and size of all of the functional requirements and the nature of desired finishes, casework, millwork, lighting and any special acoustic treatments. Tenant and Landlord shall diligently pursue preparation of all such plans and specifications which shall
1. be subject to approval by ▇▇▇▇▇▇▇▇. If information submitted by Tenant is not sufficient for Landlord's purposes, Landlord shall so notify Tenant within fifteen days after receipt of such information specifying the Buyer required additional information. Within five business days thereafter, Tenant shall provide the additional information to Landlord in connection a form sufficient to permit Landlord, its architects and engineers, and general contractor to proceed with the construction of the Tenant Improvements. In the course of the preparation of the construction drawings, Tenant and Landlord's architects and engineers shall consult with each other to facilitate ▇▇▇▇▇▇'s approval thereof when completed. Tenant shall approve or reasonably disapprove of the construction drawings within 5 days.
c. Upon completion and approval of the construction drawings by ▇▇▇▇▇▇▇▇ and Tenant, Landlord shall obtain and submit to Tenant a bid for the cost of the Tenant Improvements from Landlord's contractor. Tenant shall approve or disapprove such bid within the time provided in paragraph 7 below. If disapproved, then within seven days following such disapproval Tenant shall provide Landlord with additional information adequate to permit the revision of the plans and Specifications or any modifications thereto by the Designer, are the responsibility specifications and re-pricing of the Buyer Tenant Improvements and are not included in the Buyer's Payments. The Buyer represents plans and warranties that said Plans and Specifications specifications as so revised shall be sufficient for Builder to complete construction of the Vesseldeemed approved.
(b) Change Orders shall be authorized only upon the written and signed consent of both the Builder and the Buyer. Any request for a Change Order shall be made in writing and submitted to the Builder for approval. The Builder's approval and signature shall not be unreasonably withheld. The Builder's approval of any Change Order shall be conditioned upon any statement endorsed on the Change Order of:
(i) The estimated additional cost or savings in cost, if any, of Materials in effecting the Change Order;
(ii) The addition to or reduction in man hours of labor, if any, to result from compliance with the requested Change Order; and
(iii) Any adjustment in the Estimated Delivery Date necessitated by the Change Order; The Change Order shall then be submitted to the Buyer for approval. If the Buyer approves the Change Order, he shall sign the Change Order and return it to the Builder.
(c) Once approved as provided herein, a Change Order shall have the effect of modifying the Plans and Specifications consistent with the Change Order. Further, an approved Change Order shall act to increase or decrease the man hours in accordance with the estimate contained in the Change Order and shall act to adjust the Estimated Delivery Date in any manner set forth in the Change Order.
(d) Builder shall submit Invoices to Buyer for any Additional Labor Charges or Additional Material Charges and such Invoices shall itemize all Additional Materials and Additional Man Hours by reference to specific Change Order.
(e) If at any time it becomes apparent that Additional Labor Charges or Additional Material Charges on account of a Change Order exceed the estimates approved in the Change Order by more than ten (10%) percent, Builder shall immediately notify Buyer with an explanation of the discrepancy. If Builder fails to give the notice required hereunder, it shall not be entitled to be paid on account of the Change Order more than the amounts estimated in the Change Order as approved by the Buyer.
(f) Work accomplished not in conformity with the Plans and Specifications and not authorized by the Buyer may at Buyer's option (i) be deemed an amendment to the Plans and Specifications, without charge, or (ii) be required to be brought into conformity at Builder's expense.
Appears in 1 contract
Plans and Specifications. (ai) Any fees or other costs incurred by the Buyer in connection with the preparation of LESSEE shall submit to LESSOR the plans and Specifications specifications (the “D Plans”) for the leasehold improvement work to be completed in Space D by LESSEE (the “D Work”). The D Plans shall include the following types of plans and specifications: (1) architectural; (2) structural; (3) mechanical; (4) plumbing; and (5) electrical. LESSEE shall deliver two (2) sets of any progress set or any modifications thereto by the Designer, are the responsibility portion of the Buyer and are not included in the Buyer's Payments. The Buyer represents and warranties that said D Plans and Specifications shall be sufficient submitted to LESSOR for Builder to complete construction of the Vesselits approval.
(bii) Change Orders LESSOR shall have five (5) Business Days following receipt of any progress set or other portion of the D Plans to approve or disapprove such progress set or portion of the D Plans; LESSOR agrees not to unreasonably withhold or condition its approval thereof. Failure by LESSOR to respond within said five-(5) Business Day period shall be authorized only upon deemed approval of such progress set or portion of the D Plans. If such progress set or portion of the D Plans is disapproved, then LESSOR shall inform LESSEE of the reasons for such disapproval, after which LESSEE shall have five (5) Business Days to submit revisions to LESSOR. LESSEE shall not unreasonably refuse to satisfy any reasonable objection of LESSOR to the D Plans or any portion thereof. With respect to any resubmitted progress set or portion of the D Plans, LESSOR shall have five (5) Business Days following receipt of said resubmitted plans to approve or disapprove the same, and LESSOR agrees not to unreasonably withhold or condition its approval thereof. Failure by LESSOR to respond with said five-(5) Business Day period shall be deemed approval of such resubmitted plans. If such resubmitted plans are disapproved, then LESSOR shall inform LESSEE of the reasons for such disapproval, after which LESSEE shall have three (3) Business Days to submit revisions to LESSOR. In the event the revisions to the resubmitted plans are disapproved, the provisions of the immediately three (3) preceding sentences shall apply and shall continue until said plans and specifications are approved by LESSOR. The D Plans, when approved by LESSOR, shall be initialed by both parties and attached to this Lease as Exhibit B-D-1.
(iii) Within fifteen (15) Business Days following the approval of the D Plans by LESSOR and LESSEE, LESSEE shall submit to LESSOR a construction schedule and budget for the D Work.
(iv) Once the D Plans are initialed by both parties, there shall be no material changes to the D Plans without notice to LESSOR. Any change in the D Plans that affects the Building Systems or the exterior or structural elements of the Building shall be deemed material and shall not be made without obtaining the prior written and signed consent of both the Builder and the BuyerLESSOR, which consent shall not be unreasonably withheld or conditioned. Any requests for LESSOR’S consent shall be accompanied by such information as LESSOR may reasonably require to evaluate such requests. No material change to the D Plans shall substitute material or workmanship of lesser quality than is stipulated in the D Plans, unless otherwise approved by LESSOR. LESSOR shall have five (5) Business Days following receipt of requested changes to the D Plans to approve or disapprove such changes. Failure by LESSOR to respond within said five-(5) Business Day period shall be deemed approval of the changes. If the changes are disapproved, then LESSOR shall inform LESSEE of the reasons for such disapproval, after which LESSEE shall have five (5) Business Days to either (i) submit revisions to LESSOR or (ii) withdraw its request for a Change Order LESSOR’S consent to such change. If LESSEE elects to submit revisions to LESSOR, LESSEE shall not unreasonably refuse to satisfy any reasonable objection of LESSOR to such changes to the D Plans. LESSOR shall have five (5) Business Days following receipt of said revisions to approve or disapprove the same, and LESSOR agrees not to unreasonably withhold or condition its approval thereof. Failure by LESSOR to respond with said five (5) Business Day period shall be made in writing deemed approval of such revisions. If such revisions are disapproved, then LESSOR shall inform LESSEE of the reasons for such disapproval, after which LESSEE shall have three (3) Business Days to submit revised revisions to LESSOR. In the event the revised revisions are disapproved, the provisions of the immediately three (3) preceding sentences shall apply and submitted to shall continue until said revisions are approved by LESSOR.
(v) For purposes of the Builder D Work, LESSEE’S architect shall be ▇▇▇▇▇▇ Associates Inc. (the “Architect”), and LESSEE’S general contractor shall be Shawmut Design and Construction (the “General Contractor”). LESSEE shall not change the Architect or the General Contractor for approval. The Builder's approval and signature the D Work without LESSOR’S consent, which consent shall not be unreasonably withheld, delayed or conditioned. The Builder's approval After the D Plans are initialed by both parties, LESSOR may request a copy of any Change Order shall be conditioned upon any statement endorsed on the Change Order of:
(i) The estimated additional cost or savings in cost, if any, of Materials in effecting the Change Order;
(ii) The addition to or reduction in man hours of labor, if any, to result from compliance contract with the requested Change Order; and
Architect and a copy of the contract with the General Contractor, and LESSEE agrees to submit said copies to LESSOR. In addition, upon LESSOR’S request, LESSEE shall provide conditional assignments (iiicontingent upon LESSEE’S default under this Lease) Any adjustment to LESSOR of LESSEE’S interest in all contracts or agreements with the Estimated Delivery Date necessitated by Architect and the Change Order; The Change Order shall then be submitted General Contractor containing such terms and conditions as are reasonably satisfactory to the Buyer for approval. If the Buyer approves the Change Order, he shall sign the Change Order LESSOR and return it to the BuilderLESSEE.
(cvi) Once LESSOR’s review of the D Plans shall be for its sole purpose and shall not imply LESSOR’s warranty of the same, nor obligate LESSOR to review the same for quality, design, compliance with building codes or any other applicable law, or any other matters, nor imply that in LESSOR’s opinion, the D Work may be constructed within the D Work budget. Accordingly, notwithstanding that the D Plans are reviewed and approved as provided hereinby LESSOR or its space planner, a Change Order architect, engineers and consultants, and notwithstanding any advice or assistance which may be rendered to LESSEE, the Architect or the General Contractor by LESSOR or LESSOR’s space planner, architect, engineers and consultants, LESSOR shall be neither the guarantor of, nor have the effect of modifying the Plans any liability whatsoever in connection therewith, and Specifications consistent with the Change Order. Further, an approved Change Order shall act to increase not be responsible for any omissions or decrease the man hours in accordance with the estimate errors contained in the Change Order and shall act to adjust the Estimated Delivery Date in any manner set forth in the Change OrderD Plans.
(d) Builder shall submit Invoices to Buyer for any Additional Labor Charges or Additional Material Charges and such Invoices shall itemize all Additional Materials and Additional Man Hours by reference to specific Change Order.
(e) If at any time it becomes apparent that Additional Labor Charges or Additional Material Charges on account of a Change Order exceed the estimates approved in the Change Order by more than ten (10%) percent, Builder shall immediately notify Buyer with an explanation of the discrepancy. If Builder fails to give the notice required hereunder, it shall not be entitled to be paid on account of the Change Order more than the amounts estimated in the Change Order as approved by the Buyer.
(f) Work accomplished not in conformity with the Plans and Specifications and not authorized by the Buyer may at Buyer's option (i) be deemed an amendment to the Plans and Specifications, without charge, or (ii) be required to be brought into conformity at Builder's expense.
Appears in 1 contract
Plans and Specifications. (a) Any fees or other costs incurred by A. Landlord shall retain the Buyer in connection with the preparation services of the plans space planner/architect designated by Landlord (the "Space Planner") to prepare a detailed space plan (the "Space Plan") mutually satisfactory to Landlord and Specifications or any modifications thereto by Tenant for the Designer, are the responsibility of the Buyer and are not included in the Buyer's Payments. The Buyer represents and warranties that said Plans and Specifications shall be sufficient for Builder to complete construction of the Vessel.
(b) Change Orders Tenant Improvements in the Premises. Tenant shall be authorized only upon approve or disapprove the written Space Plan and signed consent of both the Builder and the Buyer. Any request for a Change Order shall be made any proposed revisions thereto in writing and submitted to the Builder for approval. The Builder's within three (3) business days after receipt thereof, which approval and signature shall not be unreasonably withheld. The Builder's approval of any Change Order shall be conditioned upon any statement endorsed .
B. Based on the Change Order of:
approved Space Plan, Landlord shall cause the Space Planner and Landlord's engineering consultant to prepare detailed plans, specifications and working drawings, including engineering drawings, for the construction of the Tenant Improvements (i) The estimated additional cost the "Plans"). Landlord and Tenant shall diligently pursue the preparation of the Plans. Tenant shall approve or savings in cost, if any, of Materials in effecting the Change Order;
(ii) The addition to or reduction in man hours of labor, if any, to result from compliance with the requested Change Order; and
(iii) Any adjustment in the Estimated Delivery Date necessitated by the Change Order; The Change Order shall then be submitted to the Buyer for approval. If the Buyer approves the Change Order, he shall sign the Change Order and return it to the Builder.
(c) Once approved as provided herein, a Change Order shall have the effect of modifying disapprove the Plans and Specifications consistent with any proposed revisions thereto, including the Change Orderestimated cost of the Tenant Improvements, in writing within three (3) business days after receipt thereof. FurtherIf Tenant fails to approve or disapprove the Space Plan or Plans or any revisions thereto within the time limits specified herein, an Tenant shall be deemed to have approved Change Order the same. Landlord and Tenant shall act use diligent efforts to increase cause the final Plans and the cost estimate to be prepared and approved no later than thirty (30) days after the execution of the Lease.
C. Notwithstanding Landlord's preparation, review and approval of the Space Plan and the Plans and any revisions thereto, Landlord shall have no responsibility or decrease the man hours in accordance with the estimate liability whatsoever for any errors or omissions contained in the Change Order Space Plan or Plans, or to verify dimensions or conditions, or for the quality, design or compliance with applicable Regulation of any improvements described therein or constructed in accordance therewith except to the extent that Landlord's participation is required in order to bring an action against the Space Planner for its error and omissions, in which case Landlord shall act bring such action at Tenant's request (at no cost or expense to adjust Landlord). Landlord hereby assigns to Tenant all warranties and guarantees by the Estimated Delivery Date in any manner set forth Space Planner or the contractor who constructs the Tenant Improvements relating to the Tenant Improvements and to the extent not expressly provided in the Change Order.
(d) Builder appropriate contract, shall submit Invoices obtain the Space Planner's and contractor's written consent to Buyer for any Additional Labor Charges such assignment, and Tenant hereby waives all claims against Landlord relating to, or Additional Material Charges and such Invoices shall itemize all Additional Materials and Additional Man Hours by reference to specific Change Order.
(e) If at any time it becomes apparent that Additional Labor Charges or Additional Material Charges on account of a Change Order exceed the estimates approved in the Change Order by more than ten (10%) percent, Builder shall immediately notify Buyer with an explanation arising out of the discrepancy. If Builder fails to give design or construction of, the notice required hereunder, it shall not be entitled to be paid on account of the Change Order more than the amounts estimated in the Change Order as approved by the BuyerTenant Improvements.
(f) Work accomplished not in conformity with the Plans and Specifications and not authorized by the Buyer may at Buyer's option (i) be deemed an amendment to the Plans and Specifications, without charge, or (ii) be required to be brought into conformity at Builder's expense.
Appears in 1 contract
Sources: Lease (Geocities)
Plans and Specifications. (ai) Any fees or other costs incurred by the Buyer in connection with the preparation of No later than February 18, 2004, LESSEE shall submit to LESSOR the plans and Specifications or any modifications thereto specifications (the "Plans") for the leasehold improvement work to be completed in Space B by LESSEE (the Designer"Work"), are together with a construction schedule and budget for the responsibility of the Buyer and are not included in the Buyer's PaymentsWork. The Buyer represents Plans shall include the following types of plans and warranties that said Plans specifications: (1) architectural; (2) structural; (3) mechanical; (4) plumbing; and Specifications shall be sufficient for Builder to complete construction of the Vessel(5) electrical.
(bii) Change Orders LESSOR shall have five Business Days following receipt of any progress set or other portion of the Plans to approve or disapprove such progress set or portion of the Plans. LESSEE shall deliver two (2) sets of any progress set or portion of the Plans submitted to LESSOR for approval. Failure by LESSOR to respond within said five-day period shall be authorized only upon deemed approval of such progress set or portion of the written Plans. If such progress set or portion of the Plans is disapproved, then LESSOR shall inform LESSEE of the reasons for such disapproval, after which LESSEE shall have five days to submit revisions to LESSOR. LESSEE shall not unreasonably refuse to satisfy any objection of LESSOR to the Plans or any portion thereof. If LESSOR disapproves of the revised progress set or portion of the Plans, then LESSEE shall have an additional five days to submit revisions to such revised progress set or portion of the Plans, and signed consent such obligation to submit such revisions within five days of LESSOR's disapproval shall continue until such progress set or portion of the Plans are approved by LESSOR. The Plans, when approved by LESSOR, shall be initialed by both parties and attached to this Lease as EXHIBIT B-1.
(iii) Once the Builder and Plans are initialed by both parties, there shall be no material changes to the BuyerPlans without notice to LESSOR. Any request for a Change Order No change in the Plans that affects the Building Systems or the exterior or structural elements of the Building shall be made in writing and submitted to without the Builder for approval. The Builder's approval and signature consent of LESSOR, which consent shall not be unreasonably withheldwithheld or conditioned. The Builder's Any requests for LESSOR approval of any Change Order changes shall be conditioned upon any statement endorsed on accompanied by such information as LESSOR may reasonably require to evaluate such requests. No material change to the Change Order of:
(i) The estimated additional cost Plans shall substitute material or savings in cost, if any, workmanship of Materials in effecting the Change Order;
(ii) The addition to or reduction in man hours of labor, if any, to result from compliance with the requested Change Order; and
(iii) Any adjustment lesser quality than is stipulated in the Estimated Delivery Date necessitated Plans, unless otherwise approved by the Change Order; The Change Order LESSOR. LESSOR shall then be submitted have ten days following receipt of requested changes to the Buyer for approvalPlans to approve or disapprove such changes. Failure by LESSOR to respond within said ten-day period shall be deemed approval of the changes. If the Buyer approves changes are disapproved, then LESSOR shall inform LESSEE of the Change Orderreasons for such disapproval, he after which LESSEE shall sign the Change Order and return it have ten days to submit revised changes to the BuilderPlans. LESSEE shall not unreasonably refuse to satisfy any objection of LESSOR to such changes to the Plans. If LESSOR disapproves the revised changes to the Plans, then LESSEE shall have an additional five days to submit revised changes to the Plans, and such obligation to submit revised changes to the Plans within five days of LESSOR's disapproval shall continue until the changes to the Plans are approved by LESSOR.
(civ) Once LESSEE'S architect shall be Margulies & Associates (the "Architect"). LESSEE's general contractor shall be Shawmut Design and Construction (the "General Contractor"). LESSEE shall not change the Architect or the General Contractor without LESSOR's consent, which consent may be withheld in LESSOR's sole and absolute discretion. Within ten days after LESSOR approves or is deemed to have approved the Plans, LESSEE shall submit the contracts of the Architect and the General Contractor to LESSOR for its approval, which approval shall not unreasonably be withheld or delayed. Upon LESSOR's request, LESSEE shall provide conditional assignments (contingent upon LESSEE's default under this Lease) to LESSOR of LESSEE's interest in all contracts or agreements with the Architect and the General Contractor.
(v) Landlord's review of the Plans shall be for its sole purpose and shall not imply Landlord's warranty of the same, nor obligate Landlord to review the same, for quality, design, compliance with building code or any other applicable law, or other like matters, nor imply that in Landlord's opinion, the Tenant-Built Improvements may be constructed within the Tenant-Built Improvements budget. Accordingly, notwithstanding that the Plans are reviewed and approved by Landlord or its space planner, architect, engineers and consultants, and notwithstanding any advice or assistance which may be rendered to Tenant, the Architect or the General Contractor by Landlord or Landlord's space planner, architect, engineers and consultants, Landlord shall be neither the guarantor of, nor have any liability whatsoever in connection therewith, and shall not be responsible for any omissions or errors contained in the Plans.
(vi) LESSEE shall cause performance and payment bonds in amounts, on forms and with sureties reasonably satisfactory to LESSOR, to be obtained by the General Contractor as soon as reasonably practicable following the commencement of construction of the Work and to be maintained in full force and effect until the completion of the Work and delivery to LESSOR of final lien waivers from each subcontractor and supplier who supplied materials or services to Space B during construction of the Work; provided, however, that LESSEE shall not be obligated to deliver final lien waivers with respect to any lien that is recorded against the Property as a direct result of LESSOR's failure to fund an Improvement Advance as provided herein, . All bonds shall name LESSOR as a Change Order shall have the effect of modifying the Plans and Specifications consistent with the Change Orderdual obligee. Further, an approved Change Order shall act to increase or decrease the man hours in accordance with the estimate contained in the Change Order and shall act to adjust the Estimated Delivery Date in any manner set forth in the Change Order.
(d) Builder shall submit Invoices to Buyer for any Additional Labor Charges or Additional Material Charges and such Invoices shall itemize all Additional Materials and Additional Man Hours by reference to specific Change Order.
(e) If at any time it becomes apparent that Additional Labor Charges or Additional Material Charges on account of a Change Order exceed the estimates approved in the Change Order by more than ten (10%) percent, Builder shall immediately notify Buyer with an explanation of the discrepancy. If Builder fails to give the notice required hereunder, it LESSOR shall not be entitled obligated to be paid on account fund any Improvement Advance unless evidence of the Change Order more than the amounts estimated in the Change Order as approved by the Buyerexistence of such performance and payment bonds has been delivered to LESSOR.
(f) Work accomplished not in conformity with the Plans and Specifications and not authorized by the Buyer may at Buyer's option (i) be deemed an amendment to the Plans and Specifications, without charge, or (ii) be required to be brought into conformity at Builder's expense.
Appears in 1 contract
Plans and Specifications. (a) Any fees or other costs incurred by Landlord and Tenant hereby acknowledge and agree that they have approved the Buyer Space Plan attached hereto as Schedule C-1. Landlord shall deliver to Tenant for its review and approval complete working drawings and specifications for the Leasehold Improvements (collectively, the "Tenant's Plan"), showing thereon the information necessary to construct Leasehold Improvements; provided, however, (i) Tenant shall have five (5) business days from receipt thereof within which to comment on such Tenant's Plan, absent which such Tenant's Plan shall be conclusively deemed approved, and (ii) if the Tenant's Plan is prepared in connection accordance with the preparation of the plans and Specifications or any modifications thereto by the DesignerSpace Plan, are the responsibility of the Buyer and are not included in the Buyer's Payments. The Buyer represents and warranties that said Plans and Specifications then Tenant shall be sufficient for Builder required to complete construction of give its approval thereof. Landlord shall then construct and install the VesselLeasehold Improvements substantially in accordance with the approved Tenant's Plan.
(b) Change Orders If Tenant disapproves any matters shown on the Tenant's Plan which are not in conformity with the description of the Leasehold Improvements pursuant to Schedule C-l, Landlord and Tenant shall negotiate in good faith to resolve any disputes regarding such matters, and Landlord shall revise its Tenant's Plan based upon any revisions agreed upon by Landlord and Tenant in writing. Tenant may request additional items be included in the Tenant's Plan that are not on the Space Plan; provided, however, (i) such items shall be authorized only upon the written and signed consent of both the Builder and the Buyer. Any request for a Change Order shall be made in writing and submitted subject to the Builder for approval. The BuilderLandlord's prior approval and signature (which shall not be unreasonably withheld. The Builder's approval of any Change Order shall be conditioned upon any statement endorsed on the Change Order of:
(i) The estimated additional cost or savings in cost), if any, of Materials in effecting the Change Order;
(ii) The addition to or reduction in man hours of laborTenant shall pay the cost thereof (including payment for all architectural and engineering costs and related design expenses resulting from such changes), if any, to result from compliance with the requested Change Order; and
and (iii) Any adjustment any and all delays in the Estimated Delivery Date necessitated by the Change Order; The Change Order shall then be submitted to the Buyer for approval. If the Buyer approves the Change Order, he shall sign the Change Order and return it to the Builder.
(c) Once approved as provided herein, a Change Order shall have the effect of modifying the Plans and Specifications consistent with the Change Order. Further, an approved Change Order shall act to increase or decrease the man hours in accordance with the estimate contained in the Change Order and shall act to adjust the Estimated Delivery Date in any manner set forth in the Change Order.
(d) Builder shall submit Invoices to Buyer for any Additional Labor Charges or Additional Material Charges and such Invoices shall itemize all Additional Materials and Additional Man Hours by reference to specific Change Order.
(e) If at any time it becomes apparent that Additional Labor Charges or Additional Material Charges on account of a Change Order exceed the estimates approved in the Change Order by more than ten (10%) percent, Builder shall immediately notify Buyer with an explanation completion of the discrepancyDemised Premises resulting from any such changes shall be deemed a Tenant Delay. If Builder fails to give the notice required hereunder, it Landlord shall not be entitled to be paid on account provide Tenant with its best estimate of the Change Order more than the amounts estimated cost for such additional items and any delays created by their inclusion in the Change Order as approved Tenant's Plan, for approval by the BuyerTenant, before proceeding with any such changes. Tenant may, at its option, elect to have said changes performed by its own contractor.
(f) Work accomplished not in conformity with the Plans and Specifications and not authorized by the Buyer may at Buyer's option (i) be deemed an amendment to the Plans and Specifications, without charge, or (ii) be required to be brought into conformity at Builder's expense.
Appears in 1 contract
Sources: Lease (Ace Comm Corp)
Plans and Specifications. Developer shall (ai) Any fees or other costs incurred diligently finalize, process and obtain approval of the Plans for the Improvements from the applicable Approving Authorities to the extent required by such entities, and (ii) apply to the Buyer in connection with utility service provider for the preparation of the dry utility plans and Specifications or any modifications thereto by the Designer, are the responsibility (“Utility Plans”). Upon receipt of the Buyer and are not included in approved Plans for the Buyer's Payments. The Buyer represents and warranties that said Plans and Specifications shall be sufficient for Builder to complete construction of the Vessel.
(b) Change Orders shall be authorized only upon the written and signed consent of both the Builder Improvements and the Buyer. Any request Utility Plans for the dry utilities from the utility service provider, Developer will furnish a Change Order shall be made in writing and submitted to the Builder for approval. The Builder's approval and signature shall not be unreasonably withheld. The Builder's approval copy of any Change Order shall be conditioned upon any statement endorsed on the Change Order of:
(i) The estimated additional cost or savings in cost, if any, of Materials in effecting the Change Order;
(ii) The addition to or reduction in man hours of labor, if any, to result from compliance with the requested Change Order; and
(iii) Any adjustment in the Estimated Delivery Date necessitated by the Change Order; The Change Order shall then be submitted to the Buyer for approval. If the Buyer approves the Change Order, he shall sign the Change Order and return it such Utility Plans to the Builder.
. After replacement of Exhibit B by the Revised Exhibit B, if Developer elects to amend the Plans in a manner that will result in a Material Change (cdefined below), then Developer shall provide written notice of the Material Change (a “Notice of Material Change”) Once approved as provided herein, a to Builder if the Builder Lots are affected by the change. The Notice of Material Change Order shall describe the modification to the Plans requested by Developer. Builder shall have the effect of modifying the Plans and Specifications consistent with the Change Order. Further, an approved Change Order shall act to increase or decrease the man hours in accordance with the estimate contained in the Change Order and shall act to adjust the Estimated Delivery Date in any manner set forth in the Change Order.
five (d5) Builder shall submit Invoices to Buyer for any Additional Labor Charges or Additional Material Charges and such Invoices shall itemize all Additional Materials and Additional Man Hours by reference to specific Change Order.
(e) If at any time it becomes apparent that Additional Labor Charges or Additional Material Charges on account of a Change Order exceed the estimates approved in the Change Order by more than ten (10%) percent, Builder shall immediately notify Buyer with an explanation business days after receipt of the discrepancyNotice of Material Change to provide written notice to the Developer if it objects to the proposed Material Change (a “Notice of Material Change Objection”), which shall describe revisions to the Material Change that would render it acceptable to Builder. If Builder fails to give a timely Notice of Material Change Objection to Developer, the notice required hereunderMaterial Change shall be deemed approved by Builder. If Developer performs any Material Change without first providing Builder with a Notice of Material Change, it or after Receiving a Notice of Material Change Objection, which objection has not been resolved in accordance with the following provisions, then Developer shall assume responsibility for the cost of correcting any such change, as well as the time impacts for making such correction. Within five (5) business days after delivery to Developer of a Notice of Material Change Objection, said Developer and the Builder shall meet to approve or reject the Material Change. If Developer and Builder cannot reach an acceptable resolution regarding the Notice of Material Change Objection, the dispute shall be entitled resolved pursuant to the arbitration provision set forth in Section 7 below. For purposes of this Section (a), a “Material Change” shall consist only of the following changes to the approved Plans for the Improvements to be paid on account installed for the benefit of the Change Order more than the amounts estimated in the Change Order as Property which have previously been approved by the Buyer.
(f) Work accomplished not in conformity with the Plans and Specifications and not authorized by the Buyer may at Buyer's option (i) be deemed an amendment to the Plans and Specifications, without charge, or (ii) be required to be brought into conformity at Builder's expense.applicable Approving Authorities:
Appears in 1 contract
Sources: Contract for Purchase and Sale of Real Estate (Pure Cycle Corp)
Plans and Specifications. (a) Any fees or other costs incurred by the Buyer in connection with the preparation of the plans and Specifications or any modifications thereto by the Designer, are the responsibility of the Buyer and are not included in the Buyer's Payments. The Buyer represents and warranties that said Plans and Specifications shall be sufficient for Builder to complete construction of the Vessel.
(b) Change Orders shall be authorized only upon the written and signed consent of both the Builder and the Buyer. Any request for a Change Order shall be made in writing and submitted to the Builder for approval. The Builder's approval and signature shall not be unreasonably withheld. The Builder's approval of any Change Order shall be conditioned upon any statement endorsed on the Change Order of:
(i) The estimated additional cost It is the intention of Landlord, MiniMed and Tenant that all Improvements within the Leased Premises be constructed, installed, erected, operated and maintained so that the Improvements shall be aesthetically and architecturally harmonious. Accordingly, except as otherwise provided hereinafter, all Improvements within the Leased Premises, including initial construction and any major alterations (but not including tenant improvements other than as may be requested by Landlord pursuant to Section 5.1(c)), additions, exterior remodeling or savings reconstruction of any Improvements following the initial construction thereof, shall be performed only in costaccordance with approved plans for such work as provided herein. As of the Commencement Date, if any, of Materials in effecting the Change Order;schematic design for the Research Center has been approved.
(ii) The addition Prior to the commencement of the construction and/or installation of any Improvements whatsoever on the Leased Premises or reduction in man hours any part thereof by Tenant, MiniMed or any Subtenant, MiniMed shall deliver to Landlord detailed plans through and including construction drawings (the "Plans") of laborscaled elevations, if anyexterior design concepts, material selection and color for the exterior surfaces of the proposed Improvements (which Plans shall include a grading plan and/or a utility plan, to result from compliance with the requested Change Order; and
extent applicable). Landlord shall in writing either approve or disapprove the Plans within thirty (iii30) Any adjustment in days of the Estimated Delivery Date necessitated by the Change Order; The Change Order shall then be submitted to the Buyer for approvalreceipt thereof. If the Buyer approves the Change Order, he shall sign the Change Order and return it Landlord fails to the Builder.
(c) Once approved as provided herein, a Change Order shall have the effect of modifying approve or disapprove the Plans and Specifications consistent with the Change Order. Further, an approved Change Order shall act to increase or decrease the man hours in accordance with the estimate contained terms of this Lease within such thirty (30) day period, the Plans shall be deemed disapproved. Upon a deemed disapproval, Tenant or MiniMed may deliver a notice to Landlord which states that there has been a deemed disapproval, requesting that Landlord approve or disapprove the Plans, stating that Landlord must approve or disapprove the Plans within 15 days after Landlord's receipt of this notice, and that failure by Landlord to either approve or disapprove of the Plans within such 15 day period will result in deemed approval. If Landlord fails to approve or disapprove the Change Order Plans in accordance with the terms of this Lease within such fifteen (15) day period, the Plans shall then be deemed approved. Upon submission of any disapproval, Landlord shall inform Tenant and MiniMed in writing (the "Plan Disapproval Notice") of the reasons for disapproval with particularity and the required changes to the Plans. MiniMed shall act to adjust the Estimated Delivery Date in any manner set forth in the Change Order.
(d) Builder shall submit Invoices to Buyer for any Additional Labor Charges or Additional Material Charges and such Invoices shall itemize all Additional Materials and Additional Man Hours by reference to specific Change Order.
(e) If at any time it becomes apparent that Additional Labor Charges or Additional Material Charges on account of a Change Order exceed the estimates approved in the Change Order by more than have ten (10%) percent, Builder shall immediately business days from receipt of any Plan Disapproval Notice within which to notify Buyer with an explanation of the discrepancyLandlord that MiniMed agrees to make such changes or objects to any required changes. If Builder fails MiniMed notifies Landlord within said 10-day period of its objections to give the notice required hereunderchanges, it then Landlord and MiniMed agree to meet to discuss their differences within ten (10) days after MiniMed gives such notice. Following such meeting, MiniMed shall not be entitled revise such Plans and resubmit them to be paid on account of the Change Order more than the amounts estimated in the Change Order as approved Landlord by the Buyer.
(f) Work accomplished not in conformity with the Plans and Specifications and not authorized by the Buyer may at Buyer's option later of (i) be deemed an amendment to thirty (30) days after receipt of the Plans and Specifications, without chargePlan Disapproval Notice, or (ii) ten (10) days after such meeting, unless the nature of such changes requires a longer period of time, in which case MiniMed shall resubmit said Plans or other submissions as soon as possible, and, in any case, no later than seventy-five (75) days after receipt of the Plan Disapproval Notice. Any resubmissions by MiniMed shall be required approved or disapproved and revised within the times set forth herein with respect to be brought into the initial submission. Landlord shall not disapprove of any Plans for design or aesthetic reasons if the same are compatible and/or in substantial conformity at Builder's expensewith the general architectural design, aesthetic quality, and exterior materials of Improvements previously approved by Landlord and are a logical evolution of the previously approved schematic design. Landlord shall exercise its discretion with respect to approval or disapproval of any such plans in a reasonable and uniform manner.
(iii) Upon the completion of the initial construction and
Appears in 1 contract
Sources: Ground Sublease (Minimed Inc)
Plans and Specifications. Tenant will develop a space plan for the Leased Premises that is reasonably acceptable to Landlord (athe “Space Plan”). Within thirty (30) Any fees or other costs incurred days after ▇▇▇▇▇▇▇▇’s receipt of the Space Plan, Landlord shall prepare and submit to Tenant a set of plans and specifications and/or construction drawings (the “Plans and Specifications”) covering all work to be performed by Landlord in constructing the Buyer leasehold improvements to the Leased Premises in connection accordance with the preparation of Space Plan (the plans and Specifications or any modifications thereto by the Designer, are the responsibility of the Buyer and are not included in the Buyer's Payments“Tenant Improvements”). The Buyer represents and warranties that said Plans and Specifications shall be sufficient for Builder to complete construction of the Vessel.
(b) Change Orders shall be authorized only upon the written and signed consent of both the Builder and the Buyer. Any request for a Change Order shall be made in writing and submitted to the Builder for approval. The Builder's approval and signature shall not be unreasonably withheld. The Builder's approval of any Change Order shall be conditioned upon any statement endorsed on the Change Order of:
(i) The estimated additional cost or savings in cost, if any, of Materials in effecting the Change Order;
(ii) The addition to or reduction in man hours of labor, if any, to result from compliance with the requested Change Order; and
(iii) Any adjustment in the Estimated Delivery Date necessitated by the Change Order; The Change Order shall then be submitted to the Buyer for approval. If the Buyer approves the Change Order, he shall sign the Change Order and return it to the Builder.
(c) Once approved as provided herein, a Change Order Tenant shall have the effect five (5) business days after receipt of modifying the Plans and Specifications consistent with the Change Order. Further, an approved Change Order shall act in which to increase or decrease the man hours in accordance with the estimate contained in the Change Order and shall act to adjust the Estimated Delivery Date in any manner set forth in the Change Order.
(d) Builder shall submit Invoices to Buyer for any Additional Labor Charges or Additional Material Charges and such Invoices shall itemize all Additional Materials and Additional Man Hours by reference to specific Change Order.
(e) If at any time it becomes apparent that Additional Labor Charges or Additional Material Charges on account of a Change Order exceed the estimates approved in the Change Order by more than ten (10%) percent, Builder shall immediately notify Buyer with an explanation of the discrepancy. If Builder fails to give the notice required hereunder, it shall not be entitled to be paid on account of the Change Order more than the amounts estimated in the Change Order as approved by the Buyer.
(f) Work accomplished not in conformity with review the Plans and Specifications and not authorized by to give Landlord written notice of Tenant’s approval of the Buyer may at Buyer's option Plans and Specifications or its requested changes to the Plans and Specifications. Tenant shall have no right to request any leasehold improvements or any changes to the Plans and Specifications that would materially alter the Leased Premises, the exterior appearance or basic nature of the Building, or the Building systems. If Tenant fails to approve or request changes to the Plans and Specifications within five (i5) business days after its receipt of the Plans and Specifications, then Tenant shall be deemed an amendment to have approved the Plans and Specifications and the same shall thereupon be final. If Tenant requests any changes to the Plans and Specifications, without chargeLandlord shall make those changes which are reasonably requested by Tenant and shall within five (5) business days of its receipt of such request submit the revised portion of the Plans and Specifications to Tenant. Tenant may not thereafter disapprove the revised portions of the Plans and Specifications unless Landlord has unreasonably failed to incorporate reasonable comments of Tenant and, or (ii) subject to the foregoing, the Plans and Specifications, as modified by said revisions, shall be required deemed to be brought into conformity final upon the submission of said revisions to Tenant. Tenant shall at Builder's expenseall times in its review of the Plans and Specifications, and of any revisions thereto, act reasonably and in good faith. ▇▇▇▇▇▇ agrees to confirm ▇▇▇▇▇▇’s consent to the Plans and Specifications in writing within three (3) days following ▇▇▇▇▇▇▇▇’s written request therefor.
Appears in 1 contract
Sources: Office Lease (TRX Inc/Ga)
Plans and Specifications. 2.1 Tenant shall employ the following persons (a“Consultants”) Any fees or other costs incurred by for preparation of the Buyer necessary architectural, mechanical and electrical plans, drawings and specifications pertaining to the construction work which Tenant intends to perform in the New Space in connection with Tenant’s initial occupancy (the preparation “Work”): Space Planning Drawings - ▇▇▇▇▇ Architects Mechanical Working Drawings - ▇▇▇▇▇ Architects Electrical Working Drawings - ▇▇▇▇▇ Architects or such other consultants designated by Tenant from time to time, with the approval of the plans and Specifications or any modifications thereto by the DesignerLandlord, are the responsibility of the Buyer and are not included in the Buyer's Payments. The Buyer represents and warranties that said Plans and Specifications shall be sufficient for Builder to complete construction of the Vessel.
(b) Change Orders shall be authorized only upon the written and signed consent of both the Builder and the Buyer. Any request for a Change Order shall be made in writing and submitted to the Builder for approval. The Builder's approval and signature which shall not be unreasonably withheld, conditioned or delayed. The Builder's Tenant, at its expense, shall furnish Landlord with architectural and design plans and specifications (the “Tenant’s Plans”) prepared first in preliminary form (“Preliminary Plans”), and thereafter in working form (“Working Drawings”), and covering the Work. Tenant shall pay all costs and expenses relating to Tenant’s Plans. All Tenant’s Plans shall meet the requirements set forth in Schedule I. Tenant shall deliver the completed Plans to Landlord. CD RDS
2.2 Upon submittal of any portion of Tenant’s Plans, Landlord shall review Tenant’s Plans and shall either approve Tenant’s Plans or advise Tenant in writing of any aspect of the design, engineering, construction or installation which is not acceptable to Landlord. Landlord shall advise Tenant of its approval or comments on the Tenant’s Plans within 10 days after Landlord’s receipt of the Tenant’s Plans. In the event that Landlord shall disapprove of any portion of Tenant’s Plans, Tenant shall have 10 business days after Landlord’s notification of its disapproval to revise Tenant’s Plans and resubmit them to Landlord. In the event Landlord fails to approve or disapprove Tenant’s Plans or any changes thereto within the time period set forth above, and if such failure continues thereafter for five (5) business days after Landlord’s receipt of notice from Tenant requesting action on Tenant’s Plans, Tenant’s Plans or the changes shall be deemed to be approved.
2.3 After approval of Tenant’s Plans or any Change Order portion thereof, Tenant shall not in any way modify, revise or change such Plans without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. If Landlord approves such request, the entire cost of such change, including the cost of revising Tenant’s Plans or preparing new plans, shall be conditioned upon borne by Tenant and any statement endorsed on delay occasioned thereby shall not delay the Change Order of:Commencement Date.
(i) The estimated additional cost or savings in cost2.4 Except for such matters, if any, of Materials in effecting the Change Order;
(ii) The addition to or reduction in man hours of labor, if any, to result from compliance with the requested Change Order; and
(iii) Any adjustment in the Estimated Delivery Date necessitated by the Change Order; The Change Order shall then be submitted to the Buyer for approval. If the Buyer approves the Change Order, he shall sign the Change Order and return it to the Builder.
(c) Once approved as provided herein, a Change Order shall have the effect of modifying the Plans been required by Landlord and Specifications consistent with the Change Order. Further, an approved Change Order shall act to increase or decrease the man hours in accordance with the estimate contained in the Change Order and shall act to adjust the Estimated Delivery Date in any manner set forth in the Change Order.
(d) Builder shall submit Invoices to Buyer for any Additional Labor Charges or Additional Material Charges and such Invoices shall itemize all Additional Materials and Additional Man Hours not requested by reference to specific Change Order.
(e) If at any time it becomes apparent that Additional Labor Charges or Additional Material Charges on account of a Change Order exceed the estimates approved in the Change Order by more than ten (10%) percent, Builder shall immediately notify Buyer with an explanation of the discrepancy. If Builder fails to give the notice required hereunderTenant, it shall not be entitled Tenant’s responsibility that the Plans comply with all applicable governmental and municipal codes and regulations and to procure and deliver to Landlord upon request all such licenses, permits and approvals from all governmental authorities as are necessary to permit the Work to be paid on account of commenced and continued to completion and the Change Order more than the amounts estimated in the Change Order as approved by the Buyer.
(f) Work accomplished not in conformity with the Plans and Specifications and not authorized by the Buyer may at Buyer's option (i) be deemed an amendment to the Plans and Specifications, without charge, or (ii) be required so constructed Premises to be brought into conformity at Builder's expenseoccupied.
Appears in 1 contract
Sources: Agreement of Lease (Pegasystems Inc)
Plans and Specifications. Attached hereto as Exhibit B is a schedule of the final plans and specifications (a) Any fees or other costs incurred the "Final Plans and Specifications"), subject to any revision which may be required by the Buyer applicable authorities in connection order to obtain the Architectural Review Approval and the Building Permit, prepared for Landlord and Tenant by ▇▇▇▇▇▇ ▇▇▇▇▇▇ & Associates as the architect (the "Architect"), for the construction of the Additional Space, including, without limitation, all of the related site and off-site improvements. Landlord acknowledges that Tenant has retained the services, at Tenant's sole cost and expense and not as a part of the Cost of Construction (as defined below), of a structural engineer to review on Tenant's behalf the Final Plans and Specifications. In the event that such engineer shall request changes to the Final Plans and Specifications, Landlord agrees to consider such changes and to discuss the need for such changes with Tenant's engineer. However, Landlord shall be under no obligation to have the Final Plans and Specifications revised based upon such request or such discussions. The cost of the preparation of the plans and Specifications or any modifications thereto by the Designer, are the responsibility of the Buyer and are not included in the Buyer's Payments. The Buyer represents and warranties that said Final Plans and Specifications shall be sufficient for Builder to complete construction included as a line item in the Budget (as defined below). Neither the approval by Landlord of the Vessel.
(b) Change Orders shall be authorized only upon the written and signed consent of both the Builder and the Buyer. Any request for a Change Order shall be made in writing and submitted to the Builder for approval. The Builder's approval and signature shall not be unreasonably withheld. The Builder's approval of any Change Order shall be conditioned upon any statement endorsed on the Change Order of:
(i) The estimated additional cost or savings in cost, if any, of Materials in effecting the Change Order;
(ii) The addition to or reduction in man hours of labor, if any, to result from compliance with the requested Change Order; and
(iii) Any adjustment in the Estimated Delivery Date necessitated by the Change Order; The Change Order shall then be submitted to the Buyer for approval. If the Buyer approves the Change Order, he shall sign the Change Order and return it to the Builder.
(c) Once approved as provided herein, a Change Order shall have the effect of modifying the Final Plans and Specifications consistent or any other plans, specifications, drawings or other items associated with the Change Order. FurtherAdditional Space shall constitute any warranty or covenant by Landlord to Tenant, an approved Change Order shall act to increase except for any warranty or decrease the man hours in accordance with the estimate contained in the Change Order and shall act to adjust the Estimated Delivery Date in any manner covenant expressly set forth in the Change Order.
(d) Builder shall submit Invoices to Buyer for any Additional Labor Charges or Additional Material Charges and such Invoices shall itemize all Additional Materials and Additional Man Hours by reference to specific Change Order.
(e) If at any time it becomes apparent that Additional Labor Charges or Additional Material Charges on account of a Change Order exceed the estimates approved in the Change Order by more than ten (10%) percentthis Agreement, Builder shall immediately notify Buyer with an explanation of the discrepancy. If Builder fails to give the notice required hereunder, it shall not be entitled to be paid on account adequacy of the Change Order more than design for Tenant's intended use of the amounts estimated in Additional Space. Tenant agrees to, and does hereby, assume full and complete responsibility to ensure that the Change Order floor plans and general layout of the Additional Space as approved by shown on the Buyer.
(f) Work accomplished not in conformity with the Final Plans and Specifications are adequate to fully meet the needs and not authorized by requirements of Tenant's intended operations of its business within the Buyer may at Buyer's option Additional Space. Landlord acknowledges that the Construction Contract (ias defined below) be deemed an amendment permits Tenant to make certain changes to the Plans and Specifications, without chargeas "Change Orders" to the work. Tenant shall be permitted to make such changes, or (ii) provided that Tenant shall be required to be brought into conformity at Builder's expenseresponsible for the actual additional costs relating thereto as set forth in the Construction Contract.
Appears in 1 contract
Sources: Lease Modification Agreement (Mobius Management Systems Inc)
Plans and Specifications. To the extent that Developer has not obtained Final Approval of all of the Plans as of the Effective Date, Developer shall (ai) Any fees or other costs incurred by diligently finalize, process and obtain approval of the Buyer in connection with Plans from the applicable Approving Authorities and (ii) apply to the utility service provider for the preparation of electric, gas and telephone dry utility plans (“Utility Plans”). If and to the plans and Specifications or extent Developer receive copies of the approved Utility Plans from the applicable utility service provider, then upon receipt of any modifications thereto such approved Utility Plans, Developer will, upon written request by Builder, furnish Builder with a copy of such Utility Plans. If after Final Approval of the Plans, Developer elects to amend such Plans in a manner that will result in a Material Change (defined below), then Developer shall provide written notice of such Material Change (a “Notice of Material Change”) to Builder if the Builder Lots are affected by the Designer, are change. The Notice of Material Change shall describe the responsibility modification to the Plans requested by Developer. Builder shall have five (5) business days after receipt of the Buyer and are not included in the Buyer's Payments. The Buyer represents and warranties that said Plans and Specifications shall be sufficient for Builder Notice of Material Change to complete construction of the Vessel.
(b) Change Orders shall be authorized only upon the written and signed consent of both the Builder and the Buyer. Any request for a Change Order shall be made in writing and submitted object to the Builder for approvalproposed Material Change (a “Notice of Material Change Objection”). The Builder's approval and signature Each Notice of Material Change Objection shall not be unreasonably withheld. The Builder's approval of any Change Order shall be conditioned upon any statement endorsed on the Change Order of:
(i) The estimated additional cost or savings in cost, if any, of Materials in effecting the Change Order;
(ii) The addition to or reduction in man hours of labor, if any, to result from compliance with the requested Change Order; and
(iii) Any adjustment in the Estimated Delivery Date necessitated by the Change Order; The Change Order shall then be submitted describe revisions to the Buyer for approval. If the Buyer approves the Material Change Order, he shall sign the Change Order and return that would render it acceptable to the Builder.
(c) Once approved as provided herein, a Change Order shall have the effect of modifying the Plans and Specifications consistent with the Change Order. Further, an approved Change Order shall act to increase or decrease the man hours in accordance with the estimate contained in the Change Order and shall act to adjust the Estimated Delivery Date in any manner set forth in the Change Order.
(d) Builder shall submit Invoices to Buyer for any Additional Labor Charges or Additional Material Charges and such Invoices shall itemize all Additional Materials and Additional Man Hours by reference to specific Change Order.
(e) If at any time it becomes apparent that Additional Labor Charges or Additional Material Charges on account of a Change Order exceed the estimates approved in the Change Order by more than ten (10%) percent, Builder shall immediately notify Buyer with an explanation of the discrepancy. If Builder fails to give a timely Notice of Material Change Objection to Developer, the notice required hereunderMaterial Change shall be deemed approved by Builder. If Developer performs any Material Change without first providing Builder with a Notice of Material Change, it or after receiving a Notice of Material Change Objection, which objection has not been resolved in accordance with the following provisions, then Developer shall assume responsibility for the cost of correcting any damage resulting from such action. Within five (5) business days after delivery to Developer of a Notice of Material Change Objection, Developer and Builder shall meet to approve or reject the Material Change. If Developer and Builder cannot reach an acceptable resolution regarding the Notice of Material Change Objection, the dispute shall be entitled resolved pursuant to the arbitration provision set forth in Section 7 below. For purposes of this Section 4.1, a “Material Change” shall consist only of the following changes to the approved Plans for the Improvements to be paid on account installed for the benefit of the Change Order more than the amounts estimated in the Change Order as Property which have previously been approved by the Buyer.
(f) Work accomplished not in conformity with the Plans and Specifications and not authorized by the Buyer may at Buyer's option (i) be deemed an amendment to the Plans and Specifications, without charge, or (ii) be required to be brought into conformity at Builder's expense.applicable Approving Authorities:
Appears in 1 contract
Sources: Contract for Purchase and Sale of Real Estate (Pure Cycle Corp)
Plans and Specifications. (a) Any fees If Landlord and Tenant fail to mutually approve and agree upon the Final TI Plans and Specifications on or other costs incurred before October 15, 2011, then each Target Delivery Date will be extended automatically for the period of delay occasioned by any such failure, but the Buyer Rent Commencement Date shall not be changed except in connection with the preparation case Tenant Delay. Upon Tenant’s approval of the plans Final TI Plans and Specifications or Specifications, any modifications further changes thereto by the Designer, are the responsibility shall be subject to Tenant’s prior written approval. Tenant agrees that it will not withhold its approval except for reasonable cause with respect to approval of the Buyer Final TI Plans and are not included in Specifications. Any objections made by Tenant to the Buyer's Payments. The Buyer represents and warranties that said Final TI Plans and Specifications shall be sufficient for Builder to complete construction of the Vessel.
(b) Change Orders shall be authorized only upon the written and signed consent of both the Builder and the Buyer. Any request for a Change Order shall be made in writing and submitted to the Builder for approval. The Builder's approval and signature shall not be unreasonably withheld. The Builder's approval of any Change Order shall be conditioned upon any statement endorsed on the Change Order of:
(i) The estimated additional cost or savings in cost, if any, of Materials in effecting the Change Order;
(ii) The addition to or reduction in man hours of labor, if any, to result from compliance with the requested Change Order; and
(iii) Any adjustment in the Estimated Delivery Date necessitated by the Change Order; The Change Order shall then be submitted to the Buyer for approval. If the Buyer approves the Change Order, he shall sign the Change Order and return it to the Builder.
(c) Once approved as provided herein, a Change Order shall have the effect of modifying the Plans and Specifications consistent with the Change OrderTI Outline Plans and Specifications. Further, an approved Change Order shall act to increase or decrease the man hours Except in accordance with the estimate change order process described below, Tenant shall not make any objections with respect to the Final TI Plans and Specifications concerning items which are not consistent with the scope of work contemplated by the TI Outline Plans and Specifications. The Final TI Plans and Specifications shall be approved by Landlord and Tenant by affixing thereon the signature or initials of an authorized officer or employee or representative of each of the respective parties hereto and a complete description thereof shall be attached to each party’s copy of this Lease and made a part hereof as Exhibit C-1. Such Exhibit C-1 shall be in lieu of and shall replace Exhibit B-1 except and only as to non-construction matters contained in Exhibit B-1, such as allowances and exclusions not expressly addressed by the Change Order Final TI Plans and Specifications. The signature of an authorized officer or employee or representative shall act be deemed conclusive evidence of the approval indicated by such signature. Landlord agrees to adjust the Estimated Delivery Date in any manner set forth appoint competent personnel to work with Tenant in the Change Order.
(d) Builder shall submit Invoices to Buyer for any Additional Labor Charges or Additional Material Charges and such Invoices shall itemize all Additional Materials and Additional Man Hours by reference to specific Change Order.
(e) If at any time it becomes apparent that Additional Labor Charges or Additional Material Charges on account of a Change Order exceed the estimates approved in the Change Order by more than ten (10%) percent, Builder shall immediately notify Buyer with an explanation preparation of the discrepancy. If Builder fails to give the notice required hereunder, it shall not be entitled to be paid on account of the Change Order more than the amounts estimated in the Change Order as approved by the Buyer.
(f) Work accomplished not in conformity with the Final Base Building Plans and Specifications and not authorized the Final TI Plans and Specifications and Tenant agrees to appoint a competent officer, employee or representative of Tenant to work with Landlord in the preparation of the same. Landlord designates ▇▇▇▇ ▇▇▇▇▇▇▇▇ as Landlord’s representative to work with Tenant with regard to all aspects of design and construction of the Demised Premises, including, without limitation, any change orders, and to provide any notices or directions to Tenant regarding the same, and Tenant designates ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to work with Landlord with regard to all aspects of design and construction of the Demised Premises, including, without limitation, any change orders, and to provide any notices or directions to Landlord regarding the same. A party may replace or provide for a substituted designated representative (temporarily or permanently) at any time and from time to time by the Buyer may at Buyer's option (i) be deemed an amendment written notice to the Plans and Specifications, without charge, or (ii) be required to be brought into conformity at Builder's expenseother party.
Appears in 1 contract
Plans and Specifications. At any time during the term of the Lease with respect to the Expansion Space, Tenant shall prepare and deliver to Landlord preliminary plans and specifications for the Expansion Space TIs to be constructed by Landlord in the Expansion Space (a"Preliminary Plans"). Within fifteen (15) Any fees days following delivery of the Preliminary Plans, Landlord shall approve such Preliminary Plans or other costs incurred deliver to Tenant Landlord's objections to such Preliminary Plans. Landlord shall not unreasonably withhold its approval of the Preliminary Plans. If Landlord disapproves the Preliminary Plans, then the parties shall confer and negotiate in good faith to reach agreement on the Preliminary Plans. As soon as the Preliminary Plans are approved by Landlord and Tenant, and within thirty (30) days thereafter, Tenant shall prepare final plans, specifications and working drawings for the Expansion Space TIs ("Final Plans") that are consistent with and are logical evolutions of the Preliminary Plans approved by the Buyer in connection with parties and shall deliver the preparation of the plans and Specifications or any modifications thereto by the Designersame to Landlord for its approval, are the responsibility of the Buyer and are not included in the Buyer's Payments. The Buyer represents and warranties that said Plans and Specifications shall be sufficient for Builder to complete construction of the Vessel.
(b) Change Orders shall be authorized only upon the written and signed consent of both the Builder and the Buyer. Any request for a Change Order shall be made in writing and submitted to the Builder for approval. The Builder's which approval and signature shall not be unreasonably withheld. The BuilderIf Tenant's approval of any Change Order shall be conditioned upon any statement endorsed on the Change Order of:
(i) The estimated additional cost Preliminary Plans or savings in cost, if any, of Materials in effecting the Change Order;
(ii) The addition to Final Plans show work requiring a modification or reduction in man hours of labor, if any, to result from compliance with the requested Change Order; and
(iii) Any adjustment in the Estimated Delivery Date necessitated by the Change Order; The Change Order shall then be submitted change to the Buyer for approvalBuilding shell, Landlord shall not be deemed unreasonable if it disapproves such Preliminary Plans or Final Plans, or if it conditions its consent to such Preliminary Plans or Final Plans upon Tenant paying to Landlord, prior to the commencement of construction of the Expansion Space TIs, the full cost of modifying or changing the Building shall as required by such Preliminary Plans or Final Plans. If Landlord disapproves the Buyer approves Final Plans, Landlord shall notify Tenant of Landlord's objections within fifteen (15) days after receipt thereof. If Landlord disapproves the Change OrderFinal Plans, he the parties shall confer and negotiate in good faith to reach agreement on such disapproved items. As soon as Landlord and Tenant agree upon the Final Plans, a representative of each shall sign the Change Order same. Once the Final Plans have been finally approved by Landlord and return it to the Builder.
(c) Once approved as provided hereinTenant, a Change Order neither Landlord nor Tenant shall have the effect of modifying right to order extra work or change orders with respect to the Plans and Specifications consistent with the Change Order. Further, an approved Change Order shall act to increase or decrease the man hours in accordance with the estimate contained in the Change Order and shall act to adjust the Estimated Delivery Date in any manner set forth in the Change Order.
(d) Builder shall submit Invoices to Buyer for any Additional Labor Charges or Additional Material Charges and such Invoices shall itemize all Additional Materials and Additional Man Hours by reference to specific Change Order.
(e) If at any time it becomes apparent that Additional Labor Charges or Additional Material Charges on account of a Change Order exceed the estimates approved in the Change Order by more than ten (10%) percent, Builder shall immediately notify Buyer with an explanation construction of the discrepancy. If Builder fails to give Expansion Space TIs without the notice required hereunderprior written consent of the other, it which consent shall not be entitled to unreasonably withheld or delayed. All extra work or change orders requested by either Landlord or Tenant shall be paid on account made in writing, shall specify the amount of delay or time saved resulting therefrom, and shall become effective and a part of the Change Order more than Final Plans once approved in writing by both parties. Landlord agrees to submit such Final Plans to the amounts estimated in applicable governmental authority for its approval immediately following approval of the Change Order as approved same by the Buyerparties hereto.
(f) Work accomplished not in conformity with the Plans and Specifications and not authorized by the Buyer may at Buyer's option (i) be deemed an amendment to the Plans and Specifications, without charge, or (ii) be required to be brought into conformity at Builder's expense.
Appears in 1 contract
Sources: Standard Office Lease (Netgear Inc)
Plans and Specifications. Tenant may use the services of the space planner retained by Landlord at no cost to Tenant, to prepare an initial space plan and one revision. Tenant may at its own expense employ other professional space planning assistance. If Tenant requests any additional work which is not provided in the Building Standard, Tenant shall be responsible for all costs resulting from such additional work, including but not limited to architectural and engineering charges, and any special permits or fees attributed thereto. In either event, both Landlord and Tenant shall conform with the applicable time schedule set forth below.
1. Tenant Uses Landlord's Space Planner: Tenant shall devote such time in consultation with Landlord's space planner as shall be necessary to enable the latter to develop complete working drawings and specifications for Building Standard improvements for the Premises (which drawings and specifications are hereafter and in the foregoing Lease collectively called the "Tenant's Plan"), showing thereon partitions, hardware, electrical and telephone outlets and spacial requirements (if any), light fixture locations, wall finishes, floor coverings, for Tenant's review and approval. Upon such approval, Landlord will submit Tenant's Plan, including items of work above Building Standard Allowance, to Landlord's contractor for determination of the cost of such work. Such costs for items of work, if any, above Building Standard Allowance shall include the contractor's fee of 10% for overhead and profit and Landlord's fee of 10% to cover its costs in administering the work. After approval by Tenant of such costs and before Landlord shall order that any work be commenced, Tenant shall pay the first one third in accordance with the following: One third (1/3) at time of approval of costs. One third (1/3) when work is 50% completed. One third (1/3) upon completion. Tenant shall approve space plan and provide all information required for working drawings no later than 5 days upon receipt of same. The following maximum time periods shall be allowed for the following matters after the completion of the immediately preceding item:
(a) Any fees or other costs incurred by the Buyer in connection with the preparation of the plans and Specifications or any modifications thereto by the Designer, are the responsibility of the Buyer and are not included in the Buyer's Payments. The Buyer represents and warranties that said Plans and Specifications shall be sufficient for Builder Landlord to complete construction of the Vessel.working drawings and specifications 20 days
(b) Change Orders shall be authorized only upon the written and signed consent of both the Builder and the Buyer. Any request for a Change Order shall be made in writing and submitted to the Builder for approval. The Builder's approval and signature shall not be unreasonably withheld. The Builder's Tenant gives Landlord its approval of working drawings and specifications with any Change Order shall be conditioned upon any statement endorsed on the Change Order of:
(i) The estimated additional cost or savings in cost, if any, of Materials in effecting the Change Order;
(ii) The addition to or reduction in man hours of labor, if any, to result from compliance with the requested Change Order; and
(iii) Any adjustment in the Estimated Delivery Date necessitated by the Change Order; The Change Order shall then be submitted to the Buyer for approval. If the Buyer approves the Change Order, he shall sign the Change Order and return it to the Builder.required changes 3 days
(c) Once approved as provided herein, a Change Order shall have the effect Landlord quotes Tenant cost of modifying the Plans and Specifications consistent with the Change Order. Further, an approved Change Order shall act to increase or decrease the man hours in accordance with the estimate contained in the Change Order and shall act to adjust the Estimated Delivery Date in any manner set forth in the Change Order.work above Building Standard Allowance for non-standard items 5 days
(d) Builder shall submit Invoices Tenant reviews, approves excess cost and pays one third (1/3) thereof to Buyer for any Additional Labor Charges or Additional Material Charges and such Invoices shall itemize all Additional Materials and Additional Man Hours by reference to specific Change Order.Landlord 3 days
(e) If at any time it becomes apparent that Additional Labor Charges or Additional Material Charges on account Landlord authorizes commencement of a Change Order exceed the estimates approved in the Change Order by more than ten (10%) percent, Builder shall immediately notify Buyer with an explanation of the discrepancy. If Builder fails to give the notice required hereunder, it shall not be entitled to be paid on account of the Change Order more than the amounts estimated in the Change Order as approved by the Buyer.
(f) Work accomplished not in conformity with the Plans and Specifications and not authorized by the Buyer may at Buyer's option (i) be deemed an amendment to the Plans and Specifications, without charge, or (ii) be required to be brought into conformity at Builder's expense.work 1 day
Appears in 1 contract
Sources: Lease Agreement (Diva Systems Corp)
Plans and Specifications. Within sixty (a60) Any fees or other costs incurred by the Buyer in connection with the preparation days after Landlord's ------------------------ receipt of the Expansion Notice, Tenant shall submit to Landlord preliminary plans and Specifications or any modifications thereto by specifications for the Designer, are the responsibility Expansion Improvements. Within thirty (30) days after receipt and review of the Buyer preliminary plans and are not included specifications, Landlord shall produce a Preliminary Master Schedule to construct the Expansion Improvements, which shall describe pre-development and development tasks necessary to construct the Expansion Improvements. The tasks set forth in the Buyer's Payments. The Buyer represents and warranties that said Plans and Specifications Preliminary Master Schedule shall be sufficient for Builder to complete construction include the selection of the Vessel.
(b) Change Orders shall be authorized only upon development team, including the written architect, engineers, construction manager and signed consent of both other necessary parties; determining a preliminary budget; and determining the Builder schedule for design, design review by Tenant and the BuyerLandlord, approvals and construction. Any request for a Change Order suggested revisions to the Preliminary Master Schedule by Landlord or Tenant shall be made with reasonable diligence and in writing and submitted to the Builder for approval. The Builder's approval and signature shall not be unreasonably withheld. The Builder's approval of any Change Order shall be conditioned upon any statement endorsed on the Change Order of:
(i) The estimated additional cost or savings in cost, if any, of Materials in effecting the Change Order;
(ii) The addition to or reduction in man hours of labor, if any, to result from compliance with the requested Change Order; and
(iii) Any adjustment in the Estimated Delivery Date necessitated by the Change Order; The Change Order shall then be submitted to the Buyer for approval. If the Buyer approves the Change Order, he shall sign the Change Order and return it to the Builder.
(c) Once approved as provided herein, a Change Order shall have the effect of modifying the Plans and Specifications consistent with the Change Order. Further, an approved Change Order shall act to increase or decrease the man hours good faith in accordance with the estimate contained in Expansion Parameters, and, after the Change Order approval of such changes by both Landlord and Tenant, the schedule as revised shall act become the Master Schedule for the design and construction of the Expansion Improvements. Landlord and Tenant shall use best efforts to adjust limit the Estimated Delivery Date in any manner period from the date of Tenant's delivery of the Expansion Notice to the estimated date of substantial completion of the Expansion Improvements as set forth in the Change Order.
(d) Builder shall submit Invoices Master Schedule to Buyer for any Additional Labor Charges or Additional Material Charges and such Invoices shall itemize all Additional Materials and Additional Man Hours by reference to specific Change Order.
(e) If at any time it becomes apparent that Additional Labor Charges or Additional Material Charges on account of a Change Order exceed the estimates approved in the Change Order by no more than ten eighteen (10%18) percentmonths. If Landlord shall fail to proceed in good faith or to use reasonable diligence in fulfilling its obligations under this Section 23, Builder Tenant, in addition to its other remedies set forth in this Lease, shall immediately notify Buyer have the right to exercise the Purchase Option in accordance with and subject to the terms of Section 23 of this Lease. The Master Schedule shall include a deadline to produce finalized plans and specifications. Once the finalized plans and specifications have been delivered and approved by the parties in accordance with the Master Schedule, Landlord shall select a general contractor (the "Contractor") reasonably acceptable to Tenant. Landlord shall enter into an explanation agreement or agreements with the Contractor for construction of the discrepancy. If Builder fails Expansion Improvements on an "open-book" cost (with such costs in accordance with generally recognized construction industry standards) plus a reasonable market fee with a guaranteed maximum price basis, such agreement(s) to give the notice required hereunder, it be subject to Tenant's reasonable approval and in standard form(s) and which may (but shall not be entitled to be paid on account of the Change Order more than the amounts estimated in the Change Order as approved by the Buyerrequired to) include provisions regarding liquidated damages for construction delays.
(f) Work accomplished not in conformity with the Plans and Specifications and not authorized by the Buyer may at Buyer's option (i) be deemed an amendment to the Plans and Specifications, without charge, or (ii) be required to be brought into conformity at Builder's expense.
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Plans and Specifications. (a) Any fees or other costs incurred by Prior to the expiration of the Review Period, Seller shall submit to Buyer in connection with and Franchisor the preparation then-current versions of the plans and Specifications or any modifications thereto by specifications for the Designer, are the responsibility of the Buyer and are not included in the Buyer's Payments. The Buyer represents and warranties that said Plans and Specifications shall be sufficient for Builder to complete construction of the Vessel.
Hotel prepared by the Architect. When finalized by the Architect, but no later than sixty (b60) Change Orders days after the date of this Contract, Seller shall be authorized only upon the written submit such plans and signed consent of both the Builder specifications to Buyer and the Buyer. Any request for a Change Order shall be made in writing and submitted to the Builder Franchisor for approval. The Builder's Buyer’s approval of such plans and signature specifications shall not be unreasonably withheld, conditioned or delayed, provided such plans and specifications comply with the schematic design drawings approved by Buyer during the Review Period, comply with all applicable building codes and comply with Franchisor’s requirements for the Home2 Suites brand. The Builder's approval Buyer shall have thirty (30) days after receipt thereof in which to approve of such plans and specifications. If Buyer objects to any Change Order part of such plans and specifications, Buyer may provide Seller with written notice of its objection to same within such thirty (30) day period and Buyer shall deliver a copy of such written notice simultaneously to Construction Lender. If Buyer fails to so object in writing to any such matter within such time, it shall be conditioned upon conclusively assumed that Buyer has approved same and at such time, Seller shall provide notice of the same to Construction Lender. If Buyer disapproves any statement endorsed on part of the Change Order of:
plans and specifications by written objection to Seller within such thirty (30) day period, Seller shall have the opportunity to cure such item within thirty (30) days of receiving Buyer’s written notice of objection. In the event Seller shall fail to cure such item within such thirty (30) day period, then Buyer may elect: (i) The estimated additional cost or savings in cost, if any, of Materials in effecting the Change Order;
(ii) The addition to or reduction in man hours of labor, if any, waive such objection and proceed to result from compliance with the requested Change Order; and
(iii) Any adjustment in the Estimated Delivery Date necessitated by the Change Order; The Change Order shall then be submitted to the Buyer for approval. If the Buyer approves the Change Order, he shall sign the Change Order and return it to the Builder.
(c) Once approved as provided herein, a Change Order shall have the effect of modifying the Plans and Specifications consistent with the Change Order. Further, an approved Change Order shall act to increase or decrease the man hours in accordance with the estimate contained in the Change Order and shall act to adjust the Estimated Delivery Date in any manner set forth in the Change Order.
(d) Builder shall submit Invoices to Buyer for any Additional Labor Charges or Additional Material Charges and such Invoices shall itemize all Additional Materials and Additional Man Hours by reference to specific Change Order.
(e) If at any time it becomes apparent that Additional Labor Charges or Additional Material Charges on account of a Change Order exceed the estimates approved in the Change Order by more than ten (10%) percent, Builder shall immediately notify Buyer with an explanation of the discrepancy. If Builder fails to give the notice required hereunder, it shall not be entitled to be paid on account of the Change Order more than the amounts estimated in the Change Order as approved by the Buyer.
(f) Work accomplished not in conformity with the Plans and Specifications and not authorized by the Buyer may at Buyer's option (i) be deemed an amendment to the Plans and Specifications, without chargeClosing, or (ii) be required to terminate this Contract and receive a return of the ▇▇▇▇▇▇▇ Money Deposit, and any interest thereon and Buyer shall notify Construction Lender in writing of its decision, if applicable. Seller shall obtain the approval of the Franchisor and Buyer with respect to all subsequent material changes to such plans and specifications, such approval by Buyer not to be brought into conformity at Builder's expenseunreasonably withheld, conditioned or delayed. Such plans and specifications and all revisions thereto, as approved by the Franchisor and Buyer, shall constitute the “Plans and Specifications” for purposes of this Contract.
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Plans and Specifications. Developer shall (ai) Any fees or other costs incurred diligently finalize, process and obtain approval of the Plans for the Improvements from the applicable Approving Authorities to the extent required by such entities, and (ii) apply to the Buyer in connection with utility service provider for the preparation of the dry utility plans and Specifications or any modifications thereto by the Designer, are the responsibility (“Utility Plans”). Upon receipt of the Buyer and are not included in approved Plans for the Buyer's Payments. The Buyer represents and warranties that said Plans and Specifications shall be sufficient for Builder to complete construction of the Vessel.
(b) Change Orders shall be authorized only upon the written and signed consent of both the Builder Improvements and the Buyer. Any request Utility Plans for the dry utilities from the utility service provider, Developer will furnish a Change Order shall be made in writing and submitted to the Builder for approval. The Builder's approval and signature shall not be unreasonably withheld. The Builder's approval copy of any Change Order shall be conditioned upon any statement endorsed on the Change Order of:
(i) The estimated additional cost or savings in cost, if any, of Materials in effecting the Change Order;
(ii) The addition to or reduction in man hours of labor, if any, to result from compliance with the requested Change Order; and
(iii) Any adjustment in the Estimated Delivery Date necessitated by the Change Order; The Change Order shall then be submitted to the Buyer for approval. If the Buyer approves the Change Order, he shall sign the Change Order and return it such Utility Plans to the Builder.
. After replacement of Exhibit B by the Revised Exhibit B, if Developer elects to amend the Plans in a manner that will result in a Material Change (cdefined below), then Developer shall provide written notice of the Material Change (a “Notice of Material Change”) Once approved as provided herein, a to Builder if the Builder Lots are affected by the change. The Notice of Material Change Order shall describe the modification to the Plans requested by Developer. Builder shall have the effect of modifying the Plans and Specifications consistent with the Change Order. Further, an approved Change Order shall act to increase or decrease the man hours in accordance with the estimate contained in the Change Order and shall act to adjust the Estimated Delivery Date in any manner set forth in the Change Order.
five (d5) Builder shall submit Invoices to Buyer for any Additional Labor Charges or Additional Material Charges and such Invoices shall itemize all Additional Materials and Additional Man Hours by reference to specific Change Order.
(e) If at any time it becomes apparent that Additional Labor Charges or Additional Material Charges on account of a Change Order exceed the estimates approved in the Change Order by more than ten (10%) percent, Builder shall immediately notify Buyer with an explanation business days after receipt of the discrepancyNotice of Material Change to provide written notice to the Developer if it objects to the proposed Material Change (a “Notice of Material Change Objection”), which shall describe revisions to the Material Change that would render it acceptable to Builder. If Builder fails to give a timely Notice of Material Change Objection to Developer, the notice required hereunderMaterial Change shall be deemed approved by Builder. If Developer performs any Material Change without first providing Builder with a Notice of Material Change, it or after Receiving a Notice of Material Change Objection, which objection has not been resolved in accordance with the following provisions, then Developer shall assume responsibility for the cost of correcting any such change, as well as the time impacts for making such correction. Within five (5) business days after delivery to Developer of a Notice of Material Change Objection, said Developer and the Builder shall meet to approve or reject the Material Change. If Developer and Builder cannot reach an acceptable resolution regarding the Notice of Material Change Objection, the dispute shall be entitled resolved pursuant to the arbitration provision set forth in Section 7 below. For purposes of this Section 4.1, a “Material Change” shall consist only of the following changes to the approved Plans for the Improvements to be paid on account installed for the benefit of the Change Order more than the amounts estimated in the Change Order as Property which have previously been approved by the Buyer.
(f) Work accomplished not in conformity with the Plans and Specifications and not authorized by the Buyer may at Buyer's option (i) be deemed an amendment to the Plans and Specifications, without charge, or (ii) be required to be brought into conformity at Builder's expense.applicable Approving Authorities:
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Sources: Contract for Purchase and Sale of Real Estate (Pure Cycle Corp)