POSSIBLE, BUT IN NO EVENT LONGER THAN ONE WEEK AFTER RECEIPT OF ANY
REQUEST FOR SUCH INFORMATION FROM LANDLORD;
(VII)
TENANT'S DELAY IN MAKING PAYMENTS TO LANDLORD FOR EXCESS TI COSTS
(AS DEFINED IN SECTION 5(D) BELOW); OR
(VIII)
ANY OTHER ACT OR OMISSION BY TENANT OR ANY TENANT PARTY (AS
DEFINED IN THE LEASE), OR PERSONS EMPLOYED BY ANY OF SUCH PERSONS.
If Delivery is delayed for any of the foregoing reasons, then Landlord shall
cause the TI Architect to certify the date on which the Tenant Improvements
would have been completed but for such Tenant Delay and such certified date
shall be the date of Delivery.
4.
CHANGES. ANY CHANGES REQUESTED BY TENANT TO THE TENANT
IMPROVEMENTS AFTER THE DELIVERY AND APPROVAL BY LANDLORD OF THE TI DESIGN
DRAWINGS SHALL BE REQUESTED AND INSTITUTED IN ACCORDANCE WITH THE PROVISIONS OF
THIS SECTION 4 AND SHALL BE SUBJECT TO THE WRITTEN APPROVAL OF LANDLORD AND THE
TI ARCHITECT, SUCH APPROVAL NOT TO BE UNREASONABLY WITHHELD, CONDITIONED OR
DELAYED.
(A)
TENANT'S REQUEST FOR CHANGES. IF TENANT SHALL REQUEST CHANGES TO
THE TENANT IMPROVEMENTS ("CHANGES"), TENANT SHALL REQUEST SUCH CHANGES BY
NOTIFYING LANDLORD IN WRITING IN SUBSTANTIALLY THE SAME FORM AS THE AIA STANDARD
CHANGE ORDER FORM (A "CHANGE REQUEST"), WHICH CHANGE REQUEST SHALL DETAIL THE
NATURE AND EXTENT OF ANY SUCH CHANGE. SUCH CHANGE REQUEST MUST BE SIGNED BY
TENANT'S REPRESENTATIVE. LANDLORD SHALL, BEFORE PROCEEDING WITH ANY CHANGE, USE
COMMERCIALLY REASONABLE EFFORTS TO RESPOND TO TENANT AS SOON AS IS REASONABLY
POSSIBLE WITH AN ESTIMATE OF:
(I) THE TIME IT WILL TAKE, AND (II) THE
ARCHITECTURAL AND ENGINEERING FEES AND COSTS THAT WILL BE INCURRED, TO ANALYZE
SUCH CHANGE REQUEST (WHICH COSTS SHALL BE PAID FROM THE TI FUND TO THE EXTENT
ACTUALLY INCURRED, WHETHER OR NOT SUCH CHANGE IS IMPLEMENTED). LANDLORD SHALL
4
THEREAFTER SUBMIT TO TENANT IN WRITING, WITHIN 5 BUSINESS DAYS OF RECEIPT OF THE
CHANGE REQUEST (OR SUCH LONGER PERIOD OF TIME AS IS REASONABLY REQUIRED
DEPENDING ON THE EXTENT OF THE CHANGE REQUEST), AN ANALYSIS OF THE ADDITIONAL
COST OR SAVINGS INVOLVED, INCLUDING, WITHOUT LIMITATION, ARCHITECTURAL AND
ENGINEERING COSTS AND THE PERIOD OF TIME, IF ANY, THAT THE CHANGE WILL EXTEND
THE DATE ON WHICH LANDLORD'S WORK WILL BE SUBSTANTIALLY COMPLETE. ANY SUCH DELAY
IN THE COMPLETION OF LANDLORD'S WORK CAUSED BY A CHANGE, INCLUDING ANY
SUSPENSION OF LANDLORD'S WORK WHILE ANY SUCH CHANGE IS BEING EVALUATED AND/OR
DESIGNED, SHALL BE TENANT DELAY.
(B)
IMPLEMENTATION OF CHANGES. IF TENANT:
(I) APPROVES IN WRITING THE
COST OR SAVINGS AND THE ESTIMATED EXTENSION IN THE TIME FOR COMPLETION OF
LANDLORD'S WORK, IF ANY, AND (II) DEPOSITS WITH LANDLORD ANY EXCESS TI COSTS
REQUIRED IN CONNECTION WITH SUCH CHANGE, LANDLORD SHALL CAUSE THE APPROVED
CHANGE TO BE INSTITUTED. NOTWITHSTANDING ANY APPROVAL OR DISAPPROVAL BY TENANT
OF ANY ESTIMATE OF THE DELAY CAUSED BY SUCH PROPOSED CHANGE, THE TI ARCHITECT'S
DETERMINATION OF THE AMOUNT OF TENANT DELAY IN CONNECTION WITH SUCH CHANGE SHALL
BE FINAL AND BINDING ON