Common use of Allowance and Excess Costs Deposit Clause in Contracts

Allowance and Excess Costs Deposit. (a) Provided no Event of Default has occurred, Landlord shall provide an amount up to the Allowance to be applied toward Total Construction Costs. The Allowance must be used within fifteen (15) months following the date of full execution of this Amendment or shall be deemed forfeited with no further obligation by Landlord with respect thereto. All Tenant Improvements for which the Allowance has been made available shall be deemed Landlord’s property. Tenant shall not be entitled to use any portion of the Allowance for anything other than Tenant Improvements, except that Tenant may apply an unused portion of the Allowance up to $20,000.00 as a credit against Annual Rent, as such amount come due. (b) In no event shall Landlord be obligated to make disbursements with respect to the Tenant Improvements in an amount that exceeds the Allowance. The Allowance shall not be disbursed to Tenant, but shall be applied by Landlord to the payment of the Total Construction Costs, if, as, and when the cost of the Tenant Improvements is actually incurred. (c) To the extent the Excess Costs have been determined and approved as provided herein, then within fifteen (15) days after Landlord notifies Tenant that the entire Allowance has been disbursed, Tenant shall deliver to Landlord cash in the amount equal the Excess Costs (the “Excess Costs Deposit”). In the event that after such deposit by Tenant, any revisions, changes, or substitutions shall be made to the Tenant Improvements at the request of Tenant (“Tenant Change Orders”), Tenant shall pay any additional costs that arise in connection with such revisions, changes or substitutions to Landlord within ten (10) days of Landlord’s request as an addition to the Excess Costs Deposit. Landlord may not use the Excess Costs Deposit for any purpose other than funding the Excess Costs. (d) Landlord shall disburse the Allowance prior to the Excess Costs Deposit.

Allowance and Excess Costs Deposit. (a) Provided no Event of Default has occurredoccurred and remain uncured, Landlord shall provide an amount up to the Allowance to be applied toward Total Construction CostsCosts for the Fixed Cost Work. The Allowance must be used within fifteen (15) months following in conjunction with the date of full execution of this Amendment or Fixed Cost Work, and any unused amount shall be deemed forfeited with no further obligation by Landlord with respect thereto. All Tenant Improvements for which the Allowance has been made available shall be deemed Landlord’s property. Tenant shall not be entitled to use any portion of the Allowance for anything other than Tenant Improvements, except that Tenant may apply an unused portion of the Allowance up to $20,000.00 as a credit against Annual Rent, as such amount come dueFixed Cost Work. (b) In no event shall Landlord be obligated to make disbursements with respect to the Tenant Improvements Fixed Cost Work in an amount that exceeds the Allowance. The Allowance shall not be disbursed to Tenant, but shall be applied by Landlord to the payment of the Total Construction CostsCosts for the Fixed Cost Work, if, as, and when the cost of the Tenant Improvements Fixed Cost Work is actually incurred. (c) To Upon the extent later to occur of Tenant’s execution of this Lease or the date the Excess Costs have been determined and approved as provided herein, then within fifteen (15) days after Landlord notifies Tenant that the entire Allowance has been disbursedby Landlord, Tenant shall deliver to Landlord cash in the amount equal the Excess Costs (the “Excess Costs Deposit”). In the event that after such deposit by Tenant’s execution of this Lease, any revisions, changes, or substitutions shall be made to the Approved Working Drawings or the Tenant Improvements at the request of Tenant (“Tenant Change Orders”)as approved by Landlord and Tenant, Tenant shall pay any additional costs that arise in connection with such revisions, changes or substitutions to Landlord within ten (10) days of immediately upon Landlord’s request as an addition to the Excess Costs Deposit. The Excess Cost Deposit shall be disbursed by Landlord may not use the Excess Costs Deposit for any purpose other than funding the Excess Costs. (d) Landlord shall disburse the Allowance prior to the Excess Costs Depositdisbursement of the Allowance.

Allowance and Excess Costs Deposit. (a) Provided no uncured Event of Default has occurredthen exists, Landlord shall provide an amount up to the Allowance to be applied toward Total Construction Costs. The Allowance must be used within fifteen twelve (1512) months following the date of full execution of this Amendment Lease Agreement (the “Allowance Outside Date”) or shall be deemed forfeited with no further obligation by Landlord with respect thereto. All Tenant Improvements for which the Allowance has been made available shall be deemed Landlord’s property. Tenant shall not be entitled to use any portion of the Allowance for anything other than Tenant Improvements, except provided that Tenant may apply an unused any portion of the Allowance up to $20,000.00 which remains unused as a of the Allowance Outside Date shall be applied as credit against Annual toward Rent, as such amount amounts come due. (b) In no event shall Landlord be obligated to make disbursements with respect to the Tenant Improvements in an amount that exceeds the Allowance. The Allowance shall not be disbursed to Tenant, but shall be applied by Landlord to the payment of the Total Construction Costs, if, as, and when the cost of the Tenant Improvements is actually incurred. (c) To Upon the extent later to occur of Tenant’s execution of this Lease or the date the Excess Costs have been determined and approved as provided herein, then within fifteen (15) days after Landlord notifies Tenant that the entire Allowance has been disbursedapproved, Tenant shall deliver to Landlord cash in the amount equal the Excess Costs (the “Excess Costs Deposit”). In the event that after such deposit by Tenant, any revisions, changes, or substitutions shall be made to the Approved Working Drawings or the Tenant Improvements at the request of Tenant (“Tenant Change Orders”)Tenant’s request, Tenant shall pay any additional incremental costs that cause the Total Construction Costs to exceed the Cost Proposal that arise in connection with such Tenant requested revisions, changes or substitutions to Landlord within ten (10) days of Landlord’s request as an addition to the Excess Costs Deposit. Landlord may not use Conversely, if changes to the Approved Working Drawings or the Tenant Improvements cause the Total Construction Costs to be reduced below the Cost Proposal and Tenant has previously made an Excess Costs Deposit, Tenant shall be entitled to a refund of the appropriate amount of such Excess Cost Deposit to account for any purpose other than funding the Excess Costssuch costs savings. (d) Landlord In the event that the approved Cost Proposal (subject to adjustment as provided above in Section 2(c)) should be less than the Initial Allowance, then upon substantial completion of the Tenant Improvements, Tenant shall disburse be entitled to a credit against Tenant’s rental obligations for the Allowance prior to difference between such approved Cost Proposal and the Excess Costs DepositInitial Allowance.

Allowance and Excess Costs Deposit. (a) Provided no Event of Default has occurred, Landlord shall provide an amount up to the Allowance to be applied toward Total Construction Costs. The Allowance must be used within fifteen (15) months following the date of full execution of this Amendment by September 30, 2019, unless delayed by forces beyond Tenant’s reasonable control or shall be deemed forfeited with no further obligation by Landlord with respect thereto. All Tenant Improvements for which the Allowance has been made available shall be deemed Landlord’s property. Tenant shall not be entitled to use any portion of the Allowance for anything other than Tenant Improvements, except that Tenant may apply an unused portion of the Allowance shall be entitled to use up to $20,000.00 78,510.00 of unused Allowance towards payments of Base Rent as a credit against Annual Rent, as such amount come they become due. (b) In no event shall Landlord be obligated to make disbursements with respect to the Tenant Improvements in an amount that exceeds the Allowance. The Allowance shall not be disbursed to Tenant, but shall be applied paid by Landlord pursuant to the terms of the construction contract toward the payment of the Total Construction Costs, if, as, and when the cost of the Tenant Improvements is actually incurred. (c) To Upon the extent later to occur of Tenant’s execution of this Amendment or the date the Excess Costs have been determined and approved as provided herein, then within fifteen (15) days after Landlord notifies Tenant that the entire Allowance has been disbursedapproved, Tenant shall deliver to Landlord cash in the amount equal the Excess Costs (the “Excess Costs Deposit”). In the event that after such deposit by Tenant, any revisions, changes, or substitutions shall be made to the Approved Working Drawings or the Tenant Improvements at the request of Tenant (“Tenant Change Orders”)Improvements, Tenant shall pay any additional costs that arise in connection with such revisions, changes or substitutions to Landlord within ten (10) days of immediately upon Landlord’s request as an addition to the Excess Costs Deposit. Landlord may not use the Excess Costs Deposit for any purpose other than funding the Excess Costs. (d) Landlord shall disburse the Allowance Excess Costs Deposit prior to the Excess Costs Depositdisbursement of the Allowance. So long as this Amendment has been fully executed and the other conditions for draws have been made Landlord will begin funding the Allowance not later than July 1, 2018.

Allowance and Excess Costs Deposit. (a) Provided no Event of Default default has occurred, Landlord shall provide an amount up to the Allowance to be applied toward Total Construction Costs. The Allowance must be used within fifteen twelve (1512) months following the date of full execution of this Amendment or shall be deemed forfeited with no further obligation by Landlord with respect thereto. All Tenant Improvements for which the Allowance has been made available shall be deemed Landlord’s property. Tenant shall not be entitled to use any portion of the Allowance for anything other than Tenant Improvements, except that Tenant may apply an unused portion of the Allowance up to $20,000.00 as a credit against Annual Rent, as such amount come due. (b) In no event shall Landlord be he obligated to make disbursements with respect to the Tenant Improvements in an amount that exceeds the Allowance. The Allowance shall not be disbursed to Tenant, but shall be applied by Landlord to the payment of the Total Construction Costs, if, as, and when the cost of the Tenant Improvements is actually incurred. (c) To Upon the extent later to occur of Tenant’s execution of this Amendment or the date the Excess Costs have been determined and approved as provided herein, then within fifteen (15) days after Landlord notifies Tenant that the entire Allowance has been disbursedapproved, Tenant shall deliver to Landlord cash in the amount equal the Excess Costs (the “Excess Costs Deposit”). In the event that after such deposit by Tenant, any revisions, changes, or substitutions shall be made to the Approved Working Drawings or the Tenant Improvements at the request of Tenant (“Tenant Change Orders”)Improvements, Tenant shall pay any additional costs that arise in connection with such revisions, changes or substitutions to Landlord within ten (10) days of immediately upon Landlord’s request as an addition to the Excess Costs Deposit. Landlord may not use the Excess Costs Deposit for any purpose other than funding the Excess Costs. (d) Landlord shall disburse the Allowance Excess Costs Deposit prior to the Excess Costs Depositdisbursement of the Allowance.

Allowance and Excess Costs Deposit. (a) Provided no Event of Default default has occurred, Landlord shall provide an amount up to the Allowance to be applied toward Total Construction Costs. The Allowance must be used within fifteen twelve (1512) months following the date of full execution of this Amendment or shall be deemed forfeited with no further obligation by Landlord with respect thereto. All Tenant Improvements for which the Allowance has been made available shall be deemed Landlord’s property. Tenant shall not be entitled to use any portion of the Allowance for anything other than Tenant Improvements, except that Tenant may apply an unused portion of the Allowance up to $20,000.00 as a credit against Annual Rent, as such amount come due. (b) In no event shall Landlord be obligated to make disbursements with respect to the Tenant Improvements in an amount that exceeds the Allowance. The Allowance shall not be disbursed to Tenant, but shall be applied by Landlord to the payment of the Total Construction Costs, if, as, and when the cost of the Tenant Improvements is actually incurred. (c) To Upon the extent later to occur of Tenant’s execution of this Amendment or the date the Excess Costs have been determined and approved as provided herein, then within fifteen (15) days after Landlord notifies Tenant that the entire Allowance has been disbursedapproved, Tenant shall deliver to Landlord cash in the amount equal the Excess Costs (the “Excess Costs Deposit”). In the event that after such deposit by Tenant, any revisions, changes, or substitutions shall be made to the Approved Working Drawings or the Tenant Improvements at the request of Tenant (“Tenant Change Orders”)Improvements, Tenant shall pay any additional costs that arise in connection with such revisions, changes or substitutions to Landlord within ten (10) days of immediately upon Landlord’s request as an addition to the Excess Costs Deposit. Landlord may not use the Excess Costs Deposit for any purpose other than funding the Excess Costs. (d) Landlord shall disburse the Allowance Excess Costs Deposit prior to the Excess Costs Depositdisbursement of the Allowance.