1.1 Substantial Completion
(A) Plans and Construction Process.
(1) Landlords Work. Landlord shall perform the work shown on the plans (the Plans) listed on Exhibit B-2 attached to the Lease (Landlords Work); provided, however, that Landlord shall have no responsibility for the installation or connection of Tenants computer, telephone, other communication equipment, systems or wiring. Any items of work requested by Tenant and not shown or referred to on the Plans shall be deemed to be Change Proposal(s) (as defined below) and shall be subject to the terms and provisions of subsection (2) below.
(2) Charge Orders. Tenant shall have the right, in accordance herewith, to submit for Landlords approval change proposals with respect to items of work not shown on the Plans (each, a Change Proposal). Landlord agrees to respond to any such Change Proposal within such time as is reasonably necessary (taking into consideration the information contained in such Change Proposal) after the submission thereof by Tenant, advising Tenant of any anticipated increase in costs which costs shall include a construction management fee equal to 6% of the Change Proposal (Change Order Costs) associated with such Change Proposal, as well as an estimate of any delay which would likely result in the completion of the Landlords Work if a Change Proposal is made pursuant thereto (Landlords Change Order Response). Tenant shall have the right to then approve or withdraw such Change Proposal within five (5) days after receipt of Landlords Change Order Response. If Tenant fails to respond to Landlords Change Order Response within such five (5) day period, such Change Proposal shall be deemed withdrawn. If Tenant approves Landlords Change Order Response, then such Change Proposal shall be deemed a Change Order hereunder and if the Change Order is made, then the Change Order Costs associated with the Change Order shall be deemed additions to the Tenant Plan Excess Costs and shall be paid in the same manner as Tenant Plan Excess Costs are paid as set forth in Section 1.5 of this Work Agreement.
(3) Tenant Response to Requests for Information and Approvals. Except to the extent that another time period is expressly herein set forth, Tenant shall respond to any request from Landlord, Landlords architect, Landlords contractor and/or Landlords Construction Representative for approvals or information in connection with Landlords Work, within five, (5) business days of Tenants receipt of such request. In addition, Tenant shall, within five (5) business days after receipt thereof from Landlord, execute and deliver to Landlord any affidavits and documentation required in order to obtain all permits and approvals necessary for Landlord to commence and complete Landlords Work on a timely basis (Permit Documentation).