Common use of Tenant Change Requests Clause in Contracts

Tenant Change Requests. Tenant may from time to time request changes in previously approved Final Construction Documents (herein, a “Tenant Change Request”), subject to the terms and conditions of this paragraph. Each Tenant Change Request shall (a) be in writing, (b) issued or approved by Tenant’s Representative and delivered to Landlord and (c) be subject to Landlord’s consent. Landlord shall not unreasonably withhold, condition or delay its consent to any Tenant Change Request; provided, however, (i) Landlord shall have no obligation to implement any Tenant Change Request which requires the approval of any municipal authority unless and until Landlord receives such approval, and (ii) the approval and implementation of any Tenant Change Request which would increase the Final Project Budget shall be subject to the following terms of this Section. Landlord shall provide written notice to Tenant specifying the impact the Tenant Change Request will have on the Final Project Budget, if any. If the Tenant Change Request would increase the Final Project Budget and, within ten (10) days of the delivery of written notice from Landlord to Tenant setting forth the increase in the Final Project Budget, Landlord and Tenant shall work in good faith to agree on a payment of the increase in costs as a result of Tenant Change Request and revised Final Project Budget, if applicable. If Landlord and Tenant are unable to reach an agreement as to any terms for payment of the increase in costs as a result of Tenant Change Request, then Landlord may reject the Tenant change Request by written notice to Tenant. Any Tenant Change Request approved by Landlord (and for which any advance payment required under this Section is made) shall be incorporated into the Final Construction Documents and performed by Landlord.

Tenant Change Requests. 5.1.1 In the event that, after the Tenant may from time to time Work Plans have been approved by Landlord and Tenant, Tenant shall (i) request changes to Tenant's Work, whether or not already installed, and/or (ii) request changes to Tenant's Work which result in previously approved Final Construction Documents changes to Landlord's Work (herein"Tenant Changes"), Tenant shall request such Tenant Changes by notifying Landlord in writing in substantially the same form as the AIA standard change order form (a “"Tenant Change Request”"), subject to the terms and conditions of this paragraph. Each which Tenant Change Request shall (a) be in writingdetail the nature and extent of any such Tenant Change, (b) issued and, if the nature of such Tenant Change requires revisions to the Tenant Work Plans, or approved by Tenant’s Representative and delivered to Landlord and (c) be subject to Landlord’s consent's Work, then Tenant shall be solely responsible for the cost of such revisions. Landlord shall not unreasonably withhold, condition or delay its consent to may disapprove of any Tenant Change Request; provided, howeverin its sole and absolute discretion, (i) if such Tenant Change will result in a material change to Landlord's Work. 5.1.2 If the Tenant Change impacts on Landlord's Work, then if Tenant approves in writing the cost or savings and the extension in the time for Substantial Completion of Landlord's Work, if any, Landlord shall have no obligation to implement any cause the approved Tenant Change Request which requires to be instituted. If Tenant does not approve in writing the approval cost or savings and the extension in the time for Substantial Completion of any municipal authority unless and until Landlord receives such approvalLandlord's Work, and (ii) the approval and implementation of any Tenant Change Request which would increase the Final Project Budget shall be subject to the following terms of this Section. Landlord shall provide written notice to Tenant specifying the impact then the Tenant Change Request will have on shall be deemed rejected and Tenant shall not be permitted to construct Tenant's Work in accordance with the Final Project Budget, if anyTenant Change Request. All additional costs and expenses payable by Landlord to complete Landlord's Work due to the Tenant Change Request shall be payable by Tenant pursuant to a corresponding reduction in the Base Improvement Allowance. 5.1.3 If the Tenant Change Request would increase impacts only on Tenant's Work, and not on Landlord's Work, then Landlord shall approve or reject the Final Project Budget and, within ten (10) days of the delivery of written notice from Landlord to Tenant setting forth the increase in the Final Project Budget, Landlord and Tenant shall work in good faith to agree on a payment of the increase in costs as a result of Tenant Change Request and revised Final Project Budget, if applicableaccording to the guidelines established pursuant to Section 3 hereof. If Landlord and Tenant are unable to reach an agreement as to any terms for payment of does not approve in writing the increase in costs as a result of Tenant Change Request, then Landlord may reject the Tenant change Request by written notice to Tenant. Any Tenant Change Request approved by Landlord (and for which any advance payment required under this Section is made) shall be incorporated into deemed rejected and Tenant shall not be permitted to construct Tenant's Work in accordance with the Final Construction Documents Tenant Change Request. Tenant shall be responsible for the payment of all reasonable costs and performed by Landlordexpenses related to the Tenant Change Request.

Tenant Change Requests. (i) If Tenant may from time desires to time make changes to the Base Building documents described above beyond the scope of changes that Tenant is permitted to request changes in previously approved Final Construction Documents pursuant to the provisions of Section 1.B above (herein, a “Tenant Change RequestPROPOSED CHANGE”), subject Tenant may seek Landlord’s approval for such changes, which approval shall not be unreasonably withheld, conditioned or delayed, provided that (i) such changes do not adversely impact the structure, aesthetics, quality or material value of the Building, as determined by Landlord in Landlord’s sole discretion, (ii) the cost of implementing such changes and undertaking any necessary Preliminary Design Work (defined below) shall be borne solely by Tenant and shall be paid for in advance, and (iii) any delay resulting from Landlord’s review of such request, the undertaking of any Preliminary Design Work or the implementation of such changes shall be a Tenant Delay (provided, however, that Landlord agrees to use commercially reasonable efforts to review any such request in a timely manner). As soon as reasonably practicable after Tenant requests a Proposed Change, Landlord shall notify Tenant as to whether additional architectural, engineering, geotechnical or other design work (the terms “PRELIMINARY DESIGN WORK”) is required in order for Landlord’s General Contractor to provide a “not to exceed” price for the requested work. For the avoidance of doubt, Preliminary Design Work does not constitute the full design and conditions of this paragraph. Each engineering required to implement the Proposed Change; rather it is preliminary in nature and is intended only to allow the Landlord’s General Contractor to accurately price the Proposed Change. (ii) If Preliminary Design Work is not required, then Landlord shall promptly deliver to Tenant, for Tenant’s approval, a written Tenant Change Request for Construction (a “TCR-C”) which shall include (i) an itemized estimate of the cost implications, if any, of the Proposed Change, which shall be expressed as a “not to exceed” amount; (ii) any additional design, engineering or consultant fees required to study and/or document the Proposed Change; (iii) an estimate of any anticipated impact on the Substantial Completion of the Landlord’s Work resulting from the Proposed Change; and (iv) the period of time within which Tenant must execute the TCR-C to evidence its approval thereof. If Tenant does not execute the TCR-C within the specified time period, Tenant shall be deemed to have disapproved the TCR-C. If Tenant executes the TCR-C within the specified time period, Landlord shall incorporate the Proposed Change into the Base Building Work. All TCR-Cs shall be completed on an open book basis and Landlord shall be entitled to a management fee equal to three and one-half percent (3.5%) of all hard costs required to implement the TCR-C. At Tenant’s request, Landlord shall competitively bid the work that is the subject of the TCR-C to not less than three (3) qualified subcontractors, provided that (a) be the work in writingquestion costs in excess of $100,000, (b) issued or approved by Tenantthe bid process and the selection of the contractor can be undertaken without undue interference in the Landlord’s Representative and delivered to Landlord Work, and (c) be subject to Landlord’s consent. Landlord shall not unreasonably withholdbe required to select the lowest bid if Landlord reasonably believes that another contractor is more qualified to do the work or would provide a superior result. Notwithstanding the foregoing, condition or delay its consent Landlord shall not be required to any competitively bid work that is the subject of a TCR-C if such work was previously awarded as part of the base building construction contract. If the cost of performing the Proposed Change is less than the amount estimated in the TCR-C, such savings shall accrue to the benefit of the Tenant. (iii) If Preliminary Design Work is required, then Landlord shall promptly deliver to Tenant, for Tenant’s approval, a written Tenant Change Request; provided, however, Request for Design (a “TCR-D”) which shall include (i) Landlord shall have no obligation the estimated cost for Landlord’s Architect to implement any Tenant Change Request which requires prepare Preliminary Design Work sufficient for Landlord’s General Contractor to accurately price the approval of any municipal authority unless and until Landlord receives such approval, and Proposed Change; (ii) the approval and implementation an estimate of any anticipated impact on the Substantial Completion of the Landlord’s Work resulting from the preparation of the Preliminary Design Work; and (iii) the period of time within which Tenant Change Request which would increase must execute the Final Project Budget TCR-D to evidence its approval thereof. If Tenant does not execute the TCR-D within the specified time period, Tenant shall be subject deemed to have disapproved the following terms of this Section. TCR-D. If Tenant executes the TCR-D within the specified time period, Landlord shall provide written notice cause Landlord’s Architect to prepare the Preliminary Design Work within the time period specified in the TCR-D. The completed Preliminary Design Work shall be delivered to Tenant specifying and Landlord’s General Contractor promptly upon completion, and shall be used by Landlord’s General Contractor to establish a “not to exceed” price for the impact Proposed Change. Based on such price, Landlord shall then prepare a TCR-C for the Tenant Change Request will have on the Final Project BudgetProposed Change, if any. If the Tenant Change Request would increase the Final Project Budget andwhich shall be in form and substance, within ten (10) days of the delivery of written notice from Landlord and presented to Tenant setting forth for Tenant’s review and approval, in accordance with the increase in the Final Project Budget, Landlord and Tenant shall work in good faith to agree on a payment provisions of the increase in costs as a result of Tenant Change Request and revised Final Project Budget, if applicable. If Landlord and Tenant are unable to reach an agreement as to any terms for payment of the increase in costs as a result of Tenant Change Request, then Landlord may reject the Tenant change Request by written notice to Tenant. Any Tenant Change Request approved by Landlord (and for which any advance payment required under this Section is madeSubsection 1.C(ii) shall be incorporated into the Final Construction Documents and performed by Landlordabove.

Tenant Change Requests. 10.1.1 If, after Landlord signs the Approved Plans, Tenant may from time to time shall request changes to Tenant’s Work or request major changes to the Tenant’s Work already installed (“Tenant Changes”), Tenant shall request such Tenant Changes by notifying Landlord in previously approved Final Construction Documents writing in substantially the same form as the AIA standard change order form (herein, a “Tenant Change Request”), subject to the terms and conditions of this paragraph. Each which Tenant Change Request shall (a) be in writing, (b) issued or approved by Tenant’s Representative and delivered to Landlord and (c) be subject to Landlord’s consent. Landlord shall not unreasonably withhold, condition or delay its consent to any Tenant Change Request; provided, however, detail (i) Landlord shall have no obligation to implement the nature and extent of any such Tenant Change Request which requires the approval of any municipal authority unless and until Landlord receives such approval, and (ii) an estimate of the approval additional cost or savings and implementation the time savings or delay involved with respect to such Tenant Change. If the nature of any such Tenant Change requires revisions to the Approved Plans in order to comply with Applicable Laws, then Tenant shall be solely responsible for the cost of such revisions. Such Tenant Change Request which would increase must be signed by one of Tenant’s Authorized Representatives or Landlord shall not be required to process such Tenant Change Request. Landlord, before approving a Tenant Change to Tenant’s Work, shall use its best efforts to respond to Tenant as soon as is reasonably possible with an estimate of the Final Project Budget shall be subject time it will take Landlord to analyze the following terms of this SectionTenant Change Request. Landlord shall provide written notice thereafter submit to Tenant specifying the impact in writing, within five (5) business days receipt of the Tenant Change Request will have (or such longer period of time as is reasonably required depending on the Final Project Budget, if any. If extent of the Tenant Change Request would increase the Final Project Budget andRequest), within ten (10) days Landlord’s approval or disapproval of the delivery of written notice from Landlord to Tenant setting forth the increase in the Final Project Budget, Landlord and Tenant shall work in good faith to agree on a payment of the increase in costs as a result of Tenant Change Request and revised Final Project Budget, if applicableRequest. If Landlord and Tenant are unable fails to reach an agreement as respond to any terms for payment of the increase in costs as a result of Tenant Change Request, then the Tenant Change Request shall be deemed accepted and Tenant shall be permitted to proceed with the Tenant’s Work in accordance with the Tenant Change Request. 10.1.2 Landlord may shall approve or reject the Tenant change Change Request by written notice according to Tenantthe guidelines established pursuant to Section 3 hereof. Any If Landlord does not approve in writing the Tenant Change Request, the Tenant Change Request approved by Landlord (and for which any advance payment required under this Section is made) shall be incorporated into deemed rejected and Tenant shall not be permitted to construct Tenant’s Work in accordance with the Final Construction Documents and performed by LandlordTenant Change Request.

Tenant Change Requests. 3.1.1 Any changes requested by Tenant may from time to time request changes in previously approved Final the Construction Documents (herein, a “Tenant Change Request”), shall be requested and instituted in accordance with the provisions of this Article III and shall be subject to the terms and conditions written approval of this paragraph. Each Tenant Change Request shall (a) be in writingLandlord after consultation with the Project Architect, (b) issued or approved by Tenant’s Representative and delivered to Landlord and (c) be subject to Landlord’s consent. Landlord which approval shall not be unreasonably withholdwithheld, condition delayed or delay its consent to any Tenant Change Request; provided, however, (i) conditioned. Landlord shall have no obligation responsibility to approve or implement any a Tenant Change Request (as defined below) if, in Landlord's reasonable discretion, such change is not in substantial conformance with the Schematic Design Drawing and the Specifications. Landlord and Tenant hereby acknowledge that a Tenant Change which requires causes a delay in the approval completion of Landlord's Work, shall be a Tenant-Caused Delay. 3.1.2 From time to time after the Construction Documents have been found to be in substantial conformance with the Schematic Design Drawings and the Specifications pursuant to this Exhibit G, Tenant may request changes to the Construction Documents or request changes to Landlord's Work in the Premises which is already completed ("TENANT CHANGE(S)") by notifying Landlord in writing of the nature and extent of any municipal authority unless such requested Tenant Change. If the nature of such Tenant Change requires revisions to Construction Documents and until such change is approved pursuant to Section 3.1.1 above, then the Project Architect shall revise the Construction Documents. Such request must be signed by Tenant's Representative (as defined below) or Landlord receives shall not be required to process such approvalTenant Change request. Landlord shall, before proceeding with a Tenant Change, use its reasonable efforts to respond to Tenant as soon as is reasonably possible with an estimate of (i) the time it will take Landlord to analyze the requested Tenant Change, and (ii) the approval architectural and implementation engineering fees and costs which will be incurred in order to analyze the requested Tenant Change, and thereafter submit to Tenant in writing, within five (5) business days after Tenant notifies Landlord of any the requested Tenant Change Request which would increase (or such longer period of time as is reasonably required depending on the Final Project Budget shall be subject to the following terms extent of this Section. Landlord shall provide written notice to Tenant specifying the impact the Tenant Change Request will have on request), an analysis of the Final Project Budgetestimated additional costs or savings involved and the period of time, if any. If , that the Tenant Change Request would increase will extend the Final Project Budget andtime for completion of Landlord's Work, which time extension to Landlord's Work will be a Tenant-Caused Delay. If Tenant fails to expressly approve or disapprove in writing Landlord's submission within ten three (103) business days of the delivery receipt thereof, each day of written notice from Landlord to Tenant setting forth the increase delay in the Final Project BudgetTenant's approval or disapproval of Landlord's submission beyond such three (3) business day period which causes a delay in Substantial Completion of Landlord's Work, Landlord shall be a Tenant-Caused Delay. The time for completion of Landlord's Work shall be extended one (1) day for each day of delay caused by analyzing and Tenant shall work in good faith to agree on processing Tenant's request for a payment of the increase in costs as a result of Tenant Change Request and revised Final Project Budget(whether or not Landlord's Work, if applicable. If Landlord and Tenant are unable to reach an agreement as to any terms for payment of the increase in costs as a result of Tenant Change Requestany, then Landlord may reject the Tenant change Request by written notice to Tenant. Any Tenant Change Request is approved by Landlord (Tenant) and for such delay which any advance payment required under this Section is made) extends the date of Substantial Completion of Landlord's work shall be incorporated into the Final Construction Documents and performed by Landlorda Tenant-Caused Delay.