Additional Improvement Allowance. In addition to the Improvement Allowance, Tenant shall, only if so elected by Tenant in writing on or before the Lease Commencement Date, be entitled to a one-time additional allowance increase in an amount to be specified in such written notice and not to exceed Fifty-One Thousand Five Hundred Ten and 00/100 Dollars ($51,510.00) (i.e., Five and 00/100 Dollars ($5.00) per rentable square foot of the Premises) (the “Additional Improvement Allowance”) toward the payment of the costs of the Improvement Allowance Items. In the event Tenant timely exercises its right to use all or any portion of the Additional Improvement Allowance, the monthly Base Rent for the Premises shall be increased by an amount equal to the “Additional Monthly Base Rent,” as that term is defined below, in order to repay the Additional Improvement Allowance to Landlord. The “Additional Monthly Base Rent” shall be determined as the missing component of an annuity, which annuity shall have (i) the amount of the Additional Improvement Allowance utilized by Tenant as the present value amount, (ii) the number of full calendar months in the initial Lease Term as the number of payments, (iii) sixty-seven one-hundredths (0.67), which is equal to eight percent (8%) divided by twelve (12) months per year, as the monthly interest factor, and (iv) the Additional Monthly Base Rent as the missing component of the annuity. Once the Additional Monthly Base Rent has been determined in accordance with this Section 2.5, such Additional Monthly Base Rent amount shall be allocated as an increase to the monthly Base Rent amounts due and payable for the Premises, which allocation shall be determined by Landlord in its reasonable and equitable discretion. In the event Tenant uses any portion of the Additional Improvement Allowance, then all references in this Work Letter to the “Improvement Allowance,” shall be deemed to include the Additional Improvement Allowance utilized by Tenant. Landlord and Tenant hereby acknowledge and agree that in the event Tenant timely elects to utilize the Additional Improvement Allowance or a portion thereof, the Additional Monthly Base Rent shall not be subject to the rent abatement otherwise identified in Section 3.2 and 3.3 of this Lease, and, accordingly, Tenant shall be required to pay the monthly payment of Additional Monthly Base Rent during both the Full Base Rent Abatement Period and the Partial Base Rent Abatement Period.
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Samples: Office Lease (Airgain Inc), Office Lease (Airgain Inc)
Additional Improvement Allowance. In addition to the Improvement Allowance, Tenant shall, only if so elected by Tenant in writing on or before the Lease Commencement Date, shall be entitled to a one-time additional improvement allowance increase in an amount to be specified in such written notice and not to exceed Fifty-One Thousand Five Hundred Ten and 00/100 Dollars ($51,510.00) (i.e., Five and 00/100 Dollars ($5.00) per rentable square foot of the Premises) (the “Additional Improvement Allowance”) toward in the payment aggregate amount of (i) $1,549,270.00, based on individual allowances of $55.00 per RSF of the costs Suite 3700 Premises and Suite 6700 Premises, $90.00 per RSF of the Improvement Allowance ItemsSuite 4700 Premises, and $50.00 per RSF of the Suite 6600 Premises, for the costs relating to the initial design and construction of the improvements, which are permanently affixed to the Additional Premises (the “Additional Improvements”). In addition (and not as part of the event Additional Improvement Allowance), Landlord shall provide up to $0.15 per rentable square foot of the entire Additional Premises towards the cost of preliminary space plans for each portion of the Additional Premises (“Landlord’s Drawing Contribution”). Tenant timely exercises its right to use all or may utilize any part of the Additional Premises Allowance in any portion of the Additional Improvement Allowance, the monthly Base Rent for the Premises Premises. Landlord shall not be increased by an obligated to pay a total amount equal to the “Additional Monthly Base Rent,” as that term is defined below, in order to repay which exceeds the Additional Improvement Allowance to and Landlord’s Drawing Contribution. The “Notwithstanding the foregoing or any contrary provision of the Lease, all Additional Monthly Base Rent” Improvements shall be determined as deemed Landlord’s property under the missing component of an annuity, which annuity shall have (i) the amount terms of the Additional Improvement Allowance utilized by Tenant as the present value amount, (ii) the number of full calendar months in the initial Lease Term as the number of payments, (iii) sixty-seven one-hundredths (0.67), which is equal to eight percent (8%) divided by twelve (12) months per year, as the monthly interest factor, and (iv) the Additional Monthly Base Rent as the missing component of the annuityLease. Once the Additional Monthly Base Rent has been determined in accordance with this Section 2.5, such Additional Monthly Base Rent amount shall be allocated as an increase to the monthly Base Rent amounts due and payable for the Premises, which allocation shall be determined by Landlord in its reasonable and equitable discretion. In the event Tenant uses any Any unused portion of the Additional Improvement AllowancePremises Allowance remaining (and not otherwise designated as a Base Rent credit pursuant to Section 2.2.1.9 below) as of the last day of the fifteenth (15th) full calendar month following the Suite 6600 Commencement Date, then all references in this Work Letter to the “Improvement Allowance,” shall be deemed to include the Additional Improvement Allowance utilized by Tenant. remain with Landlord and Tenant hereby acknowledge and agree that in shall have no further right thereto (the event Tenant timely elects to utilize the Additional Improvement “Outside Allowance or a portion thereof, the Additional Monthly Base Rent shall not be subject to the rent abatement otherwise identified in Section 3.2 and 3.3 of this Lease, and, accordingly, Tenant shall be required to pay the monthly payment of Additional Monthly Base Rent during both the Full Base Rent Abatement Period and the Partial Base Rent Abatement PeriodDate”).
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Samples: Office Lease (Lyft, Inc.), Office Lease (Lyft, Inc.)
Additional Improvement Allowance. In addition to the Improvement Allowance, Tenant shall, only if so elected by Tenant in writing on or before the Lease Commencement Date, shall be entitled to a one-time additional allowance increase in an amount to be specified in such written notice and not to exceed Fifty-One Thousand Five Hundred Ten and 00/100 Dollars ($51,510.00) (i.e., Five and 00/100 Dollars ($5.00) per rentable square foot of the Premises) (the “Additional Improvement Allowance”) toward in the payment amount of up to $15.00 per RSF of the Premises (i.e., up to $208,560.00), which may be requested periodically by Tenant for (i) costs required to be paid by Tenant under this Tenant Work Letter, (ii) data cabling and/or FF&E or (iii) costs of “Alterations” performed of the Premises by Tenant from time to time, and which Additional Improvement Allowance Itemsmust be used by Tenant on or before December 31, 2016. In the event Tenant timely exercises its right to use all or any portion of the Additional Improvement Allowance, the monthly Base Rent for the Premises for the initial Lease Term shall be increased by an amount equal to the “Additional Monthly Base Rent,” as that term is defined below, in order to repay the Additional Improvement Allowance to Landlord. The “Additional Monthly Base Rent” shall be determined as the missing component of an annuity, which annuity shall have (i) the amount of the Additional Improvement Allowance utilized by Tenant as the present value amount, (ii) the number of full calendar months remaining in the initial Lease Term as the number of payments, (iii) sixty-seven one-hundredths (0.67), which is equal to eight percent (8%) divided by twelve (12) months per year, 9% as the monthly annual interest factor, and (iv) the Additional Monthly Base Rent as the missing component of the annuity. Once At Landlord’s option, Landlord and Tenant shall enter into an amendment to this Lease memorializing the Additional Monthly applicable Base Rent has been determined in accordance with this Section 2.5, increase(s) attributable to such Additional Monthly Base Rent amount shall be allocated as an increase payable by Tenant hereunder. Following Tenant’s election to the monthly Base Rent amounts due and payable for the Premises, which allocation shall be determined by Landlord in its reasonable and equitable discretion. In the event Tenant uses use all or any portion of the Additional Improvement Allowance, then all references in this Work Letter to the “Improvement Allowance,” shall be deemed to include the Additional Improvement Allowance utilized by Tenant. Landlord and Tenant hereby acknowledge and agree that shall enter into an agreement in the event Tenant timely elects form of Schedule 2 to utilize this Exhibit B in order to document the Additional Improvement Allowance or a portion thereof, amount of the Additional Monthly Base Rent shall not be subject to the rent abatement otherwise identified in Section 3.2 and 3.3 of this Lease, and, accordingly, Tenant shall be required to pay the monthly payment of Additional Monthly Base Rent during both the Full Base Rent Abatement Period and the Partial Base Rent Abatement PeriodRent.
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Samples: Lease (Relypsa Inc)
Additional Improvement Allowance. In addition to Tenant may, at its option, install racking and conveyors at the Improvement Allowance, Tenant shall, only if so elected by Tenant in writing on or before the Lease Commencement Date, be entitled to a one-time additional allowance increase in an amount to be specified in such written notice and not to exceed Fifty-One Thousand Five Hundred Ten and 00/100 Dollars ($51,510.00) (i.e., Five and 00/100 Dollars ($5.00) per rentable square foot of the Premises) Premises (the “Additional Improvement AllowanceImprovements”) toward the payment of the costs of the Improvement Allowance Items). In the event that Tenant timely exercises its right does install the Additional Improvements, and provided that there is no uncured Event of Default by Tenant under the terms and conditions of the Lease, then, at the request of Tenant, Landlord shall pay Tenant as Landlord’s contribution for the costs of such Additional Improvements a sum equal to use all or any portion the lesser of: (i) the actual cost of the Additional Improvement AllowanceImprovements; or (ii) EIGHT HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($850,000.00) (“Additional Landlord Contribution”). The cost of all work necessary to construct the Additional Improvements (including, but not limited to, all labor, material, permits and to pay architectural fees, permit fees and engineering fees) in excess of the Additional Landlord Contribution shall be the responsibility of Tenant. The Additional Improvements shall be constructed in accordance with the terms and provisions of Section 8.A hereof and the Additional Landlord’s Contribution shall be paid by the Landlord to Tenant in accordance with the terms and provisions of Section 8.B hereof. Commencing on the first day of the first calendar month after the Additional Landlord’s Contribution has been paid, and continuing on the first day of each calendar month thereafter for the remainder of the Extended Term, the monthly Base Rent for the Premises payable hereunder shall be increased by an the amount equal necessary to amortize the “Additional Monthly Base Rent,” as that term is defined below, in order to repay the Additional Improvement Allowance to Landlord. The “Additional Monthly Base Rent” shall be determined as the missing component of an annuity, which annuity shall have (i) the actual amount of the Additional Improvement Allowance utilized by Tenant as Landlord’s Contribution over the present value amount, (ii) the number then remaining Extended Term at an interest rate of full calendar months in the initial Lease Term as the number of payments, (iii) sixty-seven one-hundredths (0.67), which is equal to eight eleven percent (811%) divided by twelve (12) months per year, as the monthly interest factor, and (iv) the Additional Monthly Base Rent as the missing component of the annuity. Once the Additional Monthly Base Rent has been determined in accordance with this Section 2.5, such Additional Monthly Base Rent amount shall be allocated as an increase to the monthly Base Rent amounts due and payable for the Premises, which allocation shall be determined by Landlord in its reasonable and equitable discretion. In the event Tenant uses any portion of the Additional Improvement Allowance, then all references in this Work Letter to the “Improvement Allowance,” shall be deemed to include the Additional Improvement Allowance utilized by Tenantannum. Landlord and Tenant hereby acknowledge agree to enter into an amendment to this Lease to document the Additional Landlord’s Contribution and agree that the increase in the event Tenant timely elects to utilize the Additional Improvement Allowance or a portion thereof, the Additional Monthly Base Rent shall not be subject to promptly after determination of the rent abatement otherwise identified in Section 3.2 and 3.3 of this Lease, and, accordingly, Tenant shall be required to pay the monthly payment of Additional Monthly Base Rent during both the Full Base Rent Abatement Period and the Partial Base Rent Abatement Periodsame.
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Additional Improvement Allowance. In addition to the Improvement Allowance, Tenant shall, only if so elected If requested by Tenant in writing on by written notice given to Landlord prior to the date Landlord commences or before the Lease Commencement Date, be entitled to a one-time additional allowance increase in an amount causes to be specified in such written notice and not commenced the construction of the Initial Improvements, Landlord shall contribute pursuant to exceed Fiftythe terms below up to an additional Two Million Seventy-One four Thousand Five Eight Hundred Ten Forty and 00/100 Dollars ($51,510.00) (i.e., Five and 00/100 Dollars ($5.00) per rentable square foot of the Premises2,074,840.00) (the “Additional Improvement Allowance”) toward the payment costs of construction of the Initial Improvements (as described in Paragraph 6(a) above) and, in such event, (i) Landlord shall amortize that portion of the Additional Allowance disbursed by Landlord pursuant to the terms below at a rate of $0.012 per rentable square feet of the Premises per month for each dollar of the Additional Improvement Allowance disbursed by Landlord to Tenant and the monthly Base Rent to be paid by Tenant under this Lease during each month of the initial Term of this Lease as set forth in the schedule included in Paragraph 1.10 of this Lease shall be increased by such monthly amortized amount, and (ii) Landlord and Tenant shall each then execute an amendment to this Lease, within five (5) days following the date the same is presented to Tenant for execution by Landlord, reflecting the increased monthly Base Rent resulting from this amortization. For avoidance of doubt, the annual three percent (3%) increases in monthly Base Rent pursuant to Paragraph 1.10 of the Lease shall not be applicable to the component of monthly Base Rent resulting from the amortization of the Additional Improvement Allowance provided to Tenant pursuant to this Paragraph 6(b). Any costs of construction of the Initial Improvements (as described in Paragraph 6(a) above in excess of the Improvement Allowance Items. In the event Tenant timely exercises its right to use all or any portion of (and the Additional Improvement Allowance, the monthly Base Rent for the Premises if applicable), shall be increased paid by an amount equal to the “Additional Monthly Base Rent,” as that term is defined below, in order to repay the Additional Improvement Allowance to Landlord. The “Additional Monthly Base Rent” shall be determined as the missing component of an annuity, which annuity Tenant (and Landlord shall have (i) the amount of the Additional Improvement Allowance utilized by Tenant as the present value amount, (ii) the number of full calendar months in the initial Lease Term as the number of payments, (iii) sixty-seven one-hundredths (0.67no responsibility or liability for such excess costs), which is equal to eight percent (8%) divided by twelve (12) months per year, as the monthly interest factor, and (iv) the Additional Monthly Base Rent as the missing component of the annuity. Once the Additional Monthly Base Rent has been determined in accordance with this Section 2.5, such Additional Monthly Base Rent amount shall be allocated as an increase to the monthly Base Rent amounts due and payable for the Premises, which allocation shall be determined by Landlord in its reasonable and equitable discretion. In the event Tenant uses any portion of the Additional Improvement Allowance, then all references in this Work Letter to the “Improvement Allowance,” shall be deemed to include the Additional Improvement Allowance utilized by Tenant. Landlord and Tenant hereby acknowledge and agree that in the event Tenant timely elects to utilize the Additional Improvement Allowance or a portion thereof, the Additional Monthly Base Rent shall not be subject to the rent abatement otherwise identified in Section 3.2 and 3.3 of this Lease, and, accordingly, Tenant shall be required to pay the monthly payment of Additional Monthly Base Rent during both the Full Base Rent Abatement Period and the Partial Base Rent Abatement Period.
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Additional Improvement Allowance. In addition to the Tenant Improvement Allowance, upon the full use of the Tenant shallImprovement Allowance as provided herein, only if so elected by Landlord will make available to Tenant in writing on or before the Lease Commencement Date, be entitled to a one-time an additional allowance increase in an amount to be specified in such written notice and not to exceed Fifty-One Thousand Five Hundred Ten and 00/100 Dollars $148, 840.00 (based on $51,510.00) (i.e.20.00 multiplied by 7, Five and 00/100 Dollars ($5.00) per 442 rentable square foot feet of the Premises) (the “Additional Improvement Allowance”) toward ), subject to repayment with interest as provided herein. The Additional Improvement Allowance shall be utilized for the payment of the costs same purposes of the Improvement Allowance Itemsand paid (and repaid) as provided below pursuant to the terms and conditions hereof. In Notwithstanding anything to the event contrary set forth in this Lease, all amounts disbursed or advanced under the Additional Improvement Allowance shall (together with interest as set forth below) be repaid to Landlord as Additional Rent on the following terms and conditions follows:
(a) Interest on the principal balance of the Additional Improvement Allowance from time to time outstanding shall accrue from the Commencement Date at the rate of eight percent (8%) per year. Interest shall be calculated on the basis of a 360-day year times the actual number of days elapsed.
(b) Until the first (1st) day of the month following the month in which the Term Commencement Date shall have occurred (the “Conversion Date”), interest only on the principal balance of the Additional Improvement Allowance shall be payable monthly in arrears on the first (1st) day of each month.
(c) From and after the Conversion Date, principal and interest on the principal balance of the Additional Improvement Allowance shall be payable, as Additional Rent, in arrears on the first (1st) day of each month in equal monthly installments and in a manner such that the entire principal and interest shall be paid by no later than the last day of the Initial Term.
(d) Tenant timely exercises its right to use all or any portion may prepay the outstanding balance of the Additional Improvement Allowance, the monthly Base Rent for the Premises shall be increased by an amount equal to the “Additional Monthly Base Rent,” as that term is defined below, in order to repay the Additional Improvement Allowance to Landlord. The “Additional Monthly Base Rent” shall be determined as the missing component of an annuity, which annuity shall have (i) the amount of the Additional Improvement Allowance utilized by Tenant as the present value amount, (ii) the number of full calendar months whole or in the initial Lease Term as the number of payments, (iii) sixty-seven one-hundredths (0.67), which is equal to eight percent (8%) divided by twelve (12) months per year, as the monthly interest factorpart, and (iv) the Additional Monthly Base Rent as the missing component of the annuity. Once the Additional Monthly Base Rent has been determined in accordance with this Section 2.5any accrued interest thereon, such Additional Monthly Base Rent amount shall be allocated as an increase to the monthly Base Rent amounts due and payable for the Premisesat any time, which allocation shall be determined by Landlord in its reasonable and equitable discretion. In the event Tenant uses any portion of the Additional Improvement Allowance, then all references in this Work Letter to the “Improvement Allowance,” shall be deemed to include the Additional Improvement Allowance utilized by Tenant. Landlord and Tenant hereby acknowledge and agree that in the event Tenant timely elects to utilize the Additional Improvement Allowance without premium or a portion thereof, the Additional Monthly Base Rent shall not be subject to the rent abatement otherwise identified in Section 3.2 and 3.3 of this Lease, and, accordingly, Tenant shall be required to pay the monthly payment of Additional Monthly Base Rent during both the Full Base Rent Abatement Period and the Partial Base Rent Abatement Periodpenalty.
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Additional Improvement Allowance. In addition to the Improvement Allowance, Tenant shall, only if so elected by Tenant in writing on On or before the Lease Commencement Date, Tenant shall be entitled entitled, pursuant to a written notice delivered to Landlord, to a one-time additional allowance increase (the "Additional Improvement Allowance") of the Improvement Allowance in an amount to be specified in such written notice and not to exceed Fifty-One Thousand Five Hundred Ten and 00/100 Dollars ($51,510.00) 2,399,925.00 (i.e., Five and 00/100 Dollars ($5.00) 25.00 per rentable square foot of the Premises) (), for the “Additional Improvement Allowance”) toward costs relating to the payment initial design and construction of the costs of the Improvement Allowance ItemsImprovements. In the event Tenant timely exercises its right to use all or any portion of the Additional Improvement Allowance, the monthly Base Rent for the Premises shall be increased by an amount equal to the “"Additional Monthly Base Rent,” " as that term is defined below, in order to repay the Additional Improvement Allowance to Landlord. The “"Additional Monthly Base Rent” " shall be determined as the missing component of an annuity, which annuity shall have (i) the amount of the Additional Improvement Allowance utilized by which Tenant elects to utilize as the present value amount, (ii) the number of full calendar months in of the initial Lease Term as the number of payments, (iii) sixty-seven one-hundredths (0.67)%, which is equal to eight percent (8%) % divided by twelve (12) months per year, as the monthly interest factor, factor and (iv) the Additional Monthly Base Rent as the missing component of the annuity. Once the Additional Monthly Base Rent has been determined in accordance with this Section 2.5, such Additional Monthly Base Rent amount shall be allocated as an increase to the monthly Base Rent amounts due and payable for the Premises, which allocation shall be determined by Landlord in its reasonable and equitable discretion. In the event Tenant uses any elects to utilize all or a portion of the Additional Improvement Allowance, then (a) all references in this Work Letter to the “"Improvement Allowance,” ", shall be deemed to include the Additional Improvement Allowance utilized by Tenant. Landlord and which Tenant hereby acknowledge and agree that in the event Tenant timely elects to utilize utilize, (b) the Additional parties shall promptly execute an amendment (to this Lease setting forth the new amount of the Base Rent and Improvement Allowance or a portion thereofcomputed in accordance with this Section 3.3, (c) Tenant shall deposit with Landlord, concurrently with Tenant's execution and delivery of the amendment to Landlord, cash in an amount equal to the Additional Monthly Base Rent shall not be subject to the rent abatement otherwise identified in Section 3.2 and 3.3 of this LeaseRent, and, accordingly, Tenant which amount shall be required to pay held as part of the Security Deposit, and the amendment shall contain the new amount of the Security Deposit, and (d) the additional amount of monthly payment of Additional Monthly Base Rent during both owing in accordance with this Section 3.3 for the Full Base Rent Abatement Period and first full month of the Partial Base Rent Abatement PeriodLease Term shall be paid by Tenant to Landlord at the time of Tenant's execution of the amendment.
Appears in 1 contract
Samples: Office Lease (DermTech, Inc.)