Preparation of Estimates. Tenant shall, before proceeding with any Change, using its best efforts, prepare as soon as is reasonably practicable (but in no event more than five (5) business days after delivering a Change Request to Landlord or receipt of a Change Request) an estimate of the increased costs or savings that would result from such Change, as well as an estimate on such Change’s effects on the Schedule (“Tenant’s Estimate”). Landlord shall have five (5) business days after receipt of Tenant’s Estimate to (a) in the case of a Tenant-initiated Change Request, approve or reject such Change Request in writing, or (b) in the case of a Landlord-initiated Change Request, notify Tenant in writing of Landlord’s decision either to proceed with or abandon the Landlord-initiated Change Request. If Tenant’s Estimate states that (x) the Landlord-initiated Change will cause delay in the Schedule (including Tenant’s estimate of such delay) and (y) as a result of such delay, Tenant will be unable to commence operating its business in the Premises by the Estimated Term Commencement Date, and thereafter, Landlord elects to proceed with such Landlord-initiated Change under clause (b) above, then the Rent Commencement Date shall be delayed by one (1) day for each day after the Estimated Term Commencement Date that Tenant is unable to commence operating its business in the Premises solely as a result of such Change (provided that such day-for-day abatement of the Rent Commencement Date shall not exceed the number of days of delay set forth in Tenant’s Estimate).
Appears in 2 contracts
Sources: Lease Agreement (Spark Therapeutics, Inc.), Lease Agreement (Spark Therapeutics, Inc.)
Preparation of Estimates. Tenant shall, before proceeding with any TI Change, using its best reasonable efforts, prepare as soon as is reasonably practicable (but in no event more than five ten (510) business days after delivering a TI Change Request to Landlord or receipt of a Landlord-initiated TI Change RequestRequest from Landlord) an estimate of the increased costs or savings that would result from such TI Change, as well as an estimate on such TI Change’s effects on the Schedule (“Tenant’s Estimate”)Schedule. Landlord shall have five (5) business days after receipt of Tenant’s Estimate such information from Tenant to (a) in the case of a Tenant-initiated Change Request, approve or reject such Change Request in writing, or (b) in the case of a Landlord-initiated Change Request, notify Tenant in writing of Landlord’s decision either to proceed with or abandon the Landlord-initiated Change Request. If Tenant’s Estimate states Following the completion of the work that (x) is the subject of a Landlord-initiated Change will cause delay in the Schedule (including Tenant’s estimate of such delay) and (y) as a result of such delay, Tenant will be unable to commence operating its business in the Premises by the Estimated Term Commencement Date, and thereafterTI Change, Landlord elects to proceed with such shall reimburse Tenant for the increase in actual third party costs incurred by Tenant, if any, in implementing the Tenant Improvements on account of any Landlord-initiated TI Change under clause (b) abovewithin 30 days following invoice from Tenant, then accompanied by invoices or paid bills together with such other materials as Landlord may reasonably require, which amounts must be consistent with the Rent Commencement Date shall be delayed by one (1) day for each day after the Estimated Term Commencement Date that Tenant is unable to commence operating its business in the Premises solely as a result of such Change (provided that such day-for-day abatement of the Rent Commencement Date shall not exceed the number of days of delay set forth cost categories described in Tenant’s Estimate)cost estimate for such TI Change.
Appears in 1 contract
Sources: Lease (Aveo Pharmaceuticals Inc)