Not to exceed amount clause samples

(3)DRES may request changes in the Final Plans (subject to the limitations hereinabove set forth with respect to Tenant’s right to reduce the scope of the Base Building Work) consisting of additions, deletions or other changes in the Complete Plans. If DRES desires to make a change, the same shall be communicated to Landlord by a written change order request. Provided that Landlord otherwise approves such changes, Landlord shall promptly prepare and furnish to DRES a statement, setting forth Landlord’s good faith estimate of the increase in the Tenant Work Cost, if any, as well as Landlord’s good faith estimate of any changes in the progress of the Tenant Work (including the number of days of Tenant Delay), which would result by reason of such change. If, within five (5) business days after DRES’s receipt of said statement, DRES issues a letter approving the aforesaid statement, such statement shall constitute a mutually binding change order and such change order shall be included in the Final Plans. The failure of DRES to so notify Landlord within said five (5) business day period shall be deemed a withdrawal by DRES of the request for the change in question. Any increase in the Work Cost resulting from a change order requested by Tenant shall be deemed to constitute a portion of Tenant’s Work Cost provided it does not exceed the Not To Exceed Amount. In addition, any delays resulting from a change order or a request for a change order shall ( following the expiration of the thirty (30) day period of delays referred to above in Section (N) (1) hereinabove be deemed to constitute a Tenant Delay.

4.4Not to Exceed Amount. Notwithstanding anything to the contrary in this Agreement, in no event shall any Founder Payment in any Fiscal Year (or partial Fiscal Year) exceed the aggregate of the Service Fee and Additional Compensation payable hereunder in such Fiscal Year (or such partial Fiscal Year).