Common use of Selection of Contractor Clause in Contracts

Selection of Contractor. Based on the Construction Documents, Landlord shall prepare an invitation to bid which includes a copy of the proposed form of construction contract on the basis of a guaranteed maximum price contract. Landlord shall submit bids to the contractors, in good faith, agreed upon by Landlord and Tenant (collectively, the "Qualified Contractors"). Landlord and Tenant shall mutually select the contractor to perform Landlord's Work from the bids received. If Tenant and Landlord fail to agree on a contractor within four (4) days thereafter, Landlord shall select the apparent low bidder (the contractor selected in accordance with the foregoing procedure is herein called the "Contractor"). The Contractor, with the approval of Landlord, shall select the subcontractors. The Contractor and subcontractors must be willing to agree to all requirements imposed by Landlord's construction and/or permanent lender (including any reasonably requirements relating to retainages, advances, insurance, bonding requirements, mechanics' lien waivers or otherwise) and penalties for late delivery of space. After selection of the Contractor, Landlord shall negotiate and execute a construction contract with the Contractor. Landlord may make changes to the form construction contract but the contract guaranteed maximum price shall remain the same without cost overruns except for Tenant change orders, Necessary Change Orders, and other change orders approved by Tenant. After approval of the Construction Documents, selection of the Contractor, and execution of the construction contract, the Contractor shall proceed with construction of Landlord's Work under the supervision of Landlord. Tenant shall evaluate and analyze all construction pricing to ensure current market pricing and to maximize the use of Landlord's Construction Contribution (as defined below). To that end, Landlord shall provide Tenant with all scheduled construction pricing for review and analysis.

Selection of Contractor. Based on the Construction Documents, Landlord shall prepare an invitation to bid which includes The Initial Tenant Improvements will be constructed by a copy of the proposed form of construction contract on the basis of a guaranteed maximum price contract. Landlord shall submit bids to the contractors, in good faith, agreed upon general contractor engaged by Landlord and approved by Tenant (collectively, the "Qualified Contractors"“Contractor”). Tenant acknowledges that Landlord and submitted to Tenant shall mutually select the contractor to perform Landlord's Work from the bids received. If Tenant and Landlord fail to agree on a contractor within names of four (4) contractors it proposes to be the Contractor (the “Contractor List”). Tenant shall have the right to interview each of the Contractors on the Contractor List to determine, among other matters, each Contractor’s proposed overhead, “general conditions” and fee structure, and within five (5) business days thereafterafter receipt of the Contractor List from Landlord Tenant shall either approve the contractors on the Contractor List or submit to Landlord the names and contact information of alternate contractors to be included on the Contractor List, provided such alternate contractors are at least as qualified as the contractors on Landlord’s original Contractor List, as reasonably determined by Landlord. If Tenant submits alternate contractors to be included on the Contractor List, Landlord shall select have the apparent low bidder right to interview such alternate contractors within five (5) business days after receipt of the contractor selected in accordance with the foregoing procedure is herein called the "Contractor")names and contact information of such alternate contractors from Tenant. The Contractor, with parties agree that they shall mutually agree on a Contractor from the approval of Landlord, shall select Contractor List by not later than the subcontractors. The Contractor and subcontractors must be willing to agree to all requirements imposed by Landlord's construction and/or permanent lender date that is five (including any reasonably requirements relating to retainages, advances, insurance, bonding requirements, mechanics' lien waivers or otherwise5) and penalties for late business days following delivery of space. After selection of the Design Development Plan, provided that the Contractor, Landlord shall negotiate at a minimum, shall: (a) have experience with similar projects of similar size and execute a scope in the vicinity of the Building, (b) have the ability to meet the deadlines for construction contract with of the Contractor. Landlord may Initial Tenant Improvements as set forth in the Lease and this Appendix D, (c) have the ability to make changes an unconditional commitment that all necessary resources of the Contractor will be fully engaged to guaranty that the form construction contract but timely completion of the contract guaranteed maximum price shall remain Initial Tenant Improvements, (d) have the same without cost overruns except for Tenant change orders, Necessary Change Ordersreasonable ability to provide reasonable profit margins and overhead costs, and other change orders approved by Tenant. After approval of (e) have the Construction Documentsability to bond its work, selection of the Contractor, and execution of the construction contract, the Contractor shall proceed with construction of Landlord's Work under the supervision of Landlord. Tenant shall evaluate and analyze all construction pricing to ensure current market pricing and to maximize the use of Landlord's Construction Contribution (as defined below). To that end, Landlord shall provide Tenant with all scheduled construction pricing for review and analysisif requested.

Selection of Contractor. Based on the Construction Documents, Landlord shall prepare an invitation to bid which includes a copy of the proposed form of construction contract on the basis of a guaranteed maximum price contract on the basis of a guaranteed maximum price contract. Landlord shall submit bids to the contractors, in good faith, agreed upon by Landlord and Tenant (collectively, the "Qualified Contractors"). Landlord and Tenant shall mutually select the contractor to perform Landlord's Work from the bids received. If Tenant and Landlord fail to agree on a contractor within four (4) days thereafter, Landlord shall select the apparent low bidder (the contractor selected in accordance with the foregoing procedure is herein called the "Contractor"). The ContractorContyractor, with the approval of Landlord, shall select the subcontractors. The Contractor and subcontractors must be willing to agree to all requirements imposed by Landlord's construction and/or permanent lender (including any reasonably reasonable requirements relating to retainages, advances, insurance, bonding requirements, mechanics' lien waivers or otherwise) and penalties for late delivery of fo space. After selection of the Contractor, Landlord shall negotiate and execute a construction contract with the Contractor. Landlord may make changes to the form construction contract but the contract guaranteed maximum price shall remain the same without cost overruns except for Tenant change orders, Necessary Change Orders, and other change chaqnge orders approved by Tenant. After approval of the Construction Documents, selection of the Contractor, and execution of the construction contract, the Contractor shall proceed with construction of Landlord's Work under the supervision of Landlord. Tenant shall evaluate and analyze all construction pricing to ensure current market pricing and to maximize the use of Landlord's Construction Contribution (as defined below). To that end, Landlord shall provide Tenant with all scheduled construction pricing for review and analysis.

Selection of Contractor. Based on the Construction Documents, Landlord shall prepare an invitation to bid which includes a copy of the proposed form of construction contract on the basis of a guaranteed maximum price contract on the basis of a guaranteed maximum price contract. Landlord shall submit bids to the contractors, in good faith, agreed upon by Landlord and Tenant (collectively, the "Qualified Contractors"). Landlord and Tenant shall mutually select the contractor to perform Landlord's Work from the bids received. If Tenant and Landlord fail to agree on a contractor within four (4) days thereafter, Landlord shall select the apparent low bidder (the contractor selected in accordance with the foregoing procedure is herein called the "Contractor"). The Contractor, with the approval of Landlord, shall select the subcontractors. The Contractor and subcontractors must be willing to agree to all requirements imposed by Landlord's construction and/or permanent lender (including any reasonably reasonable requirements relating to retainages, advances, insurance, bonding requirements, mechanics' lien waivers or otherwise) and penalties for late delivery of space. After selection of the Contractor, Landlord shall negotiate and execute a construction contract with the Contractor. Landlord may make changes to the form construction contract but the contract guaranteed maximum price shall remain the same without cost overruns except for Tenant change orders, Necessary Change Orders, and other change orders approved by Tenant. After approval of the Construction Documents, selection of the Contractor, and execution of the construction contract, the Contractor shall proceed with construction of Landlord's Work under the supervision of Landlord. Tenant shall evaluate and analyze all construction pricing to ensure current market pricing and to maximize the use of Landlord's Construction Contribution (as defined below). To that end, Landlord shall provide Tenant with all scheduled construction pricing for review and analysis.

Selection of Contractor. Based on the Construction Documents, Landlord shall prepare an invitation to bid which that includes a copy of the proposed form of construction contract on the basis of a guaranteed maximum price contract on the basis of a guaranteed maximum price contract. Landlord shall submit bids to the contractors, in good faith, agreed upon on by Landlord and Tenant (collectively, the "Qualified Contractors"). Landlord and Tenant shall mutually select the contractor to perform Landlord's Work from the bids received. If Tenant and Landlord fail to agree on a contractor within four (4) days thereafter, Landlord shall select the apparent low bidder (the contractor selected in accordance with the foregoing procedure is herein called the "Contractor"). The Contractor, with the approval of Landlord, shall select the subcontractors. The Contractor and subcontractors must be willing to agree to all requirements imposed by Landlord's construction and/or permanent lender (including any reasonably reasonable requirements relating to retainages, advances, insurance, bonding requirements, mechanics' '; lien waivers or otherwise) and penalties for late delivery of space. After selection of the Contractor, Landlord shall negotiate and execute a construction contract with the Contractor. Landlord may make changes to the form construction contract but the contract guaranteed maximum price shall remain the same without cost overruns except for Tenant change orders, Necessary Change Orders, and other change orders approved by Tenant. After approval of the Construction Documents, selection of the Contractor, and execution of the construction contract, the Contractor shall proceed with construction of Landlord's Work under the supervision of Landlord. Tenant shall evaluate and analyze all construction pricing to ensure current market pricing and to maximize the use of Landlord's Construction Contribution (as defined below). To that end, Landlord shall provide Tenant with all scheduled construction pricing for review and analysis.

Selection of Contractor. Based on Following completion of the Construction DocumentsFinal Plans, Landlord shall solicit at least three (3) bids from sub- or trade contractors on an “open book” basis to prepare an invitation a good faith estimate of the cost of performing Landlord’s Work (“Estimated Budget”), including the cost of obtaining necessary building permits and other permits, authorizations and approvals which may be required in connection with, or to satisfy all laws and codes applicable to, the construction of the Expansion Space Tenant Improvements. Tenant acknowledges that the Estimated Budget shall not be binding on Landlord or the contractor. Tenant and Landlord shall jointly agree which contractors and subcontractors shall be allowed to bid or submit proposals, and which includes a copy contractor and subcontractors shall perform Landlord’s Work, provided that any work required to be performed on Building Systems shall be performed by subcontractors selected by Landlord. Such agreement shall not be unreasonably withheld or delayed by any party. Tenant shall have two (2) business days following delivery of the proposed form of construction contract on Estimated Budget to approve or reject the basis of a guaranteed maximum price contract. Landlord shall submit bids to the contractors, in good faith, agreed upon by Landlord and Tenant (collectively, the "Qualified Contractors"). Landlord and Tenant shall mutually select the contractor to perform Landlord's Work from the bids receivedsame. If Tenant and disapproves the Estimated Budget, Tenant may request Landlord fail to agree on a contractor within four (4) days thereaftersecure additional bids from subcontractors, Landlord shall select the apparent low bidder (the contractor selected in accordance with the foregoing procedure is herein called the "Contractor"). The Contractor, with the approval of Landlord, shall select the subcontractors. The Contractor and subcontractors must be willing to agree to all requirements imposed by Landlord's construction and/or permanent lender (including any reasonably requirements relating to retainages, advances, insurance, bonding requirements, mechanics' lien waivers or otherwise) and penalties for late delivery of space. After selection of the Contractor, Landlord shall negotiate and execute a construction contract with the Contractor. Landlord Tenant may make propose changes to the form Final Plans to reduce construction contract but costs, provided that any delay resulting from such process shall be a Tenant Delay to the contract guaranteed maximum price shall remain the same without cost overruns except for extent such process extends longer than ten (10) days after delivery to Tenant change orders, Necessary Change Orders, and other change orders approved by Tenant. After approval of the Construction Documents, selection of the Contractor, and execution of the construction contract, the Contractor shall proceed with construction of Landlord's Work under the supervision of Landlord. Tenant shall evaluate and analyze all construction pricing to ensure current market pricing and to maximize the use of Landlord's Construction Contribution (as defined below). To that end, Landlord shall provide Tenant with all scheduled construction pricing for review and analysisEstimated Budget.

Selection of Contractor. Based The contractor which shall construct the Tenant Improvements shall be a contractor selected pursuant to the following procedure. The Final Working Drawings shall be submitted by Landlord to (i) two (2) general contractors selected by Landlord and (ii) two (2) general contractors selected by Tenant on or before the Construction Documentsdate the Final Working Drawings are approved by Landlord and which contractors so selected by Tenant shall be subject to Landlord's reasonable approval. Each such contractor shall submit a sealed, fixed price contract bid (on such bid form as Landlord shall designate) to construct the Tenant Improvements. Each contractor shall be notified in the bid package of the time schedule for construction of the Tenant Improvements. The subcontractors utilized by the Contractor shall be subject to Landlord's reasonable approval and the bidding instructions shall provide that as to work affecting the structure of the Building and/or the systems and equipment of the Building, Landlord shall prepare an invitation be entitled to bid which includes designate the subcontractors. The bids shall be submitted promptly to Landlord and a copy reconciliation shall be performed by Landlord to adjust inconsistent or incorrect assumptions so that a like-kind comparison can be made and a low bidder determined. Within ten (10) days after the Final Working Drawings are approved by Landlord, Tenant shall select the contractor who shall be the lowest bidder and who states that it will be able to meet Landlord's reasonable construction schedule. The parties acknowledge that, for purposes of the proposed form of immediately preceding sentence, Landlord's reasonable construction contract on schedule shall not include any scheduled overtime. The contractor selected may be referred to herein as the basis of a guaranteed maximum price contract"CONTRACTOR". Landlord shall submit bids retain the Contractor to construct the contractors, in good faith, agreed upon by Landlord and Tenant (collectively, the "Qualified Contractors"). Landlord and Tenant shall mutually select the contractor to perform Landlord's Work from the bids received. If Tenant and Landlord fail to agree on a contractor within four (4) days thereafter, Landlord shall select the apparent low bidder (the contractor selected Improvements in accordance with the foregoing procedure is herein called the "Contractor"). The Contractor, with the approval of Landlord, shall select the subcontractors. The Contractor and subcontractors must be willing to agree to all requirements imposed by Landlord's construction and/or permanent lender (including any reasonably requirements relating to retainages, advances, insurance, bonding requirements, mechanics' lien waivers or otherwise) and penalties for late delivery of space. After selection of the Contractor, Landlord shall negotiate and execute a construction contract with the Contractor. Landlord may make changes to the form construction contract but the contract guaranteed maximum price shall remain the same without cost overruns except for Tenant change orders, Necessary Change Orders, and other change orders approved by Tenant. After approval of the Construction Documents, selection of the Contractor, and execution of the construction contract, the Contractor shall proceed with construction of Landlord's Work under the supervision of Landlord. Tenant shall evaluate and analyze all construction pricing to ensure current market pricing and to maximize the use of Landlord's Construction Contribution (as defined below). To that end, Landlord shall provide Tenant with all scheduled construction pricing for review and analysisApproved Working Drawings.