Amendment No. 1, dated June 27, 2006, to the Standard Form of Agreement (AIA Document A121) between Genitope Corporation and XL Construction Corporation, dated December 19, 2005 for the building located at 6900 Dumbarton Circle, Fremont, CA
EX-10.2 3 f21877exv10w2.htm EXHIBIT 10.2 exv10w2
Exhibit 10.2
AMENDMENT NO. 1
TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER
TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER
Pursuant to Paragraph 2.2 of the Agreement, dated June 27, 2006 between Genitope Corporation (Owner) and XL Construction Corporation (the Construction Manager), for the Genitope Headquarters and Manufacturing Facilities—Building 2 (the Project), the Owner and Construction Manager establish a Guaranteed Maximum Price and Contract Time for the Work as set forth below.
ARTICLE I GUARANTEED MAXIMUM PRICE
The Construction Manager’s Guaranteed Maximum Price for the Work, including the estimated Cost of the Work as defined in Article 6 of the Agreement, the Construction Manager’s Fee as defined in Article 5 of the Agreement and the Contingency as defined in Subparagraph 2.2.3 of the Agreement, is Thirty-Eight Million Five Hundred Forty-Five Thousand Two Hundred Sixty and No/100 Dollars ($38,545,260.00). The Guaranteed Maximum Price is for the performance and execution of the Work (and that work or those services reasonably inferable therefrom to produce the results intended by the Contract Documents) in accordance with the Contract Documents.
ARTICLE II CONTRACT TIME
The parties hereby acknowledge and agree that the date of commencement of the Work by Construction Manager was September 2, 2005 (the “Commencement Date”). In connection with the foregoing, the date of Substantial Completion of the Work established by this Amendment is hereby agreed by the parties to be November 13, 2006 (the “Completion Date”). The period of time commencing on the Commencement Date and ending on the Completion Date is sometimes be referred to in the Contract as the “Contract Time.”
| OWNER | CONSTRUCTION MANAGER | |||||||||
/s/ Dan W. Denney Jr. | /s/ Alan Laurlund | |||||||||
| (Signature) | (Signature) | |||||||||
| GENITOPE CORPORATION, | XL CONSTRUCTION CORPORATION, | |||||||||
| a Delaware corporation | a California corporation | |||||||||
By: | Dan W. Denney, Jr. | By: | Alan Laurlund | |||||||
| Dan W. Denney, Jr., Ph.D, CEO | Its: | Project Executive | ||||||||
| By: | ||||||||||
| Its: | ||||||||||
Dan W. Denney, Jr. | ||||||||||
| (Printed name and title) | (Printed name and title) | |||||||||
| Date | Date | |||||||||
27 June 2006 | 6/27/06 | |||||||||
AIA Document A121™CMc — 2003 and AGC Document 565. Copyright © 1991 and 2003 by The American Institute of Architects and The Associated General Contractors of America. All rights reserved. WARNING: This document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:t2:02 on 06/19/2006 under Order No.1000193852_1 which expires on 8/30/2006, and is not for resale.
User Notes: genitope-x1 construction-a121 (4281714521)
