Common use of ALLOWANCE; PERIODIC PAYMENTS Clause in Contracts

ALLOWANCE; PERIODIC PAYMENTS. (a) Landlord shall make a contribution (the "Allowance") towards the "hard costs" and the "soft costs" of Tenant's Work (as such terms are hereinafter defined), in an amount equal to $619,990.00 (i.e., being $35.00 per square foot of Rentable Area of the Premises), on the terms and conditions hereinafter set forth. If the cost of the Tenant's Work exceeds the Allowance, Tenant shall have sole responsibility for the payment of such excess cost, and shall pay any such excess when due from time to time (i.e., based on estimates from time to time of the total cost of the Tenant's Work) prior to any further disbursement of the Allowance. It is acknowledged that Landlord intends that not less than $513,706.00 (i.e., being $29.00 per square feet of Rentable Area of the Premises) of the overall Allowance be contributed to so-called "hard" construction costs for the Tenant's Work (which "hard" construction costs, for purposes hereof, shall include all costs and fees payable under the construction contract with Tenant's general contractor or under any other construction contracts entered into by Tenant relative to the construction of the Tenant's Work, together with all costs associated with permits and other governmental approvals, the "supervisory fees" payable to Landlord under Paragraph 5 hereof, and all costs associated with the installation of telephone and cabling lines into the walls of the Premises), and it is hereby agreed that no more than $106,284.00 (i.e., being $6.00 per square foot of Rentable Area of the Premises) of the overall Allowance (herein, the "Available Soft Cost Contribution") may be applied by Tenant to pay for so-called "soft" costs associated with Tenant's construction of the Tenant's Work, including moving/relocation to the Premises (which "soft" costs, for purposes hereof, shall include all architectural and engineering costs and fees, moving expenses, relocation costs, consulting fees and other reimburseable expenses; all costs of furniture, fixtures and equipment; telephone and cabling costs associated with the interior of the Premises; and all other costs and expenses paid by Tenant to Landlord hereunder, other than the "supervisory fees" specifically set forth in Paragraph 5 of this Agreement).

ALLOWANCE; PERIODIC PAYMENTS. (a) Landlord shall make a contribution (the "Allowance") towards the "hard costs" and the "soft costs" of Tenant's Work (as such terms are hereinafter defined), in an amount equal to $619,990.00 3,011,645.00 (i.e., being approximately $35.00 25.66 per square foot of Rentable Area of the Premises), on the terms and conditions hereinafter set forth. If the cost of the Tenant's Work exceeds the Allowance, Tenant shall have sole responsibility for the payment of such excess cost, and shall pay any such excess when due from time to time (i.e., based on estimates from time to time of the total cost of the Tenant's Work) prior to any further disbursement of the Allowance. It is acknowledged that Landlord intends that not less than $513,706.00 2,307,371.00 (i.e., being approximately $29.00 19.66 per square feet of Rentable Area of the Premises) of the overall Allowance be contributed to so-called "hard" construction costs for the Tenant's Work (which "hard" construction costs, for purposes hereof, shall include all costs and fees payable under the construction contract with Tenant's general contractor or under any other construction contracts entered into by Tenant relative to the construction of the Tenant's Work, together with all costs associated with permits and other governmental approvals, the "supervisory fees" payable to Landlord under Paragraph 5 hereof, and all costs associated with the installation of telephone and cabling lines into the walls of the Premises), and it is hereby agreed that no more than $106,284.00 704,274.00 (i.e., being $6.00 per square foot of Rentable Area of the Premises) of the overall Allowance (herein, the "Available Soft Cost Contribution") may be applied by Tenant to pay for so-called "soft" costs associated with Tenant's construction of the Tenant's Work, including moving/relocation to the Premises (which "soft" costs, for purposes hereof, shall include all architectural and engineering costs and fees, moving expenses, relocation costs, consulting fees and other reimburseable expenses; all costs of furniture, fixtures and equipment; telephone and cabling costs associated with the interior of the Premises; and all other costs and expenses paid by Tenant to Landlord hereunder, other than the "supervisory fees" specifically set forth in Paragraph 5 of this Agreement).

ALLOWANCE; PERIODIC PAYMENTS. (a) Landlord shall make a contribution (the "Allowance") towards the "“hard costs" ” and the "“soft costs" ” of Tenant's Work (as such terms are hereinafter defined), in an amount equal to $619,990.00 2,629,080.00 (i.e., being $35.00 45.00 per square foot of Rentable Area of the New Premises), on the terms and conditions hereinafter set forth. If the cost of the Tenant's Work exceeds the Allowance, Tenant shall have sole responsibility for the payment of such excess cost, and and, at Landlord's election, Tenant shall be obligated to pay any such excess its "pro-rata share" (as defined in Paragraph 9(g) below) of the cost of the Tenant’s Work when due from time to time (i.e., based on upon the most recent estimates from time to time of the total cost of the Tenant's WorkWork delivered by Tenant under Paragraph 3 above or otherwise furnished by Tenant upon Landlord's request from time to time therefor) prior as an express condition for Landlord's obligation to disburse any further disbursement portion of the Allowance, and in such event, Landlord shall have no obligation to further disburse any portion of the Allowance until Tenant's pro-rata share of the costs of the Tenant’s Work have been so paid by Tenant. It is acknowledged that Landlord intends that not less than $513,706.00 1,971,810.00 (i.e., being $29.00 per square feet of Rentable Area approximately 75% of the PremisesAllowance) of the overall Allowance be contributed to so-called "“hard" ” construction costs for the Tenant's ’s Work (which "“hard" ” construction costs, for purposes hereof, shall include all costs and fees payable under the construction contract with Tenant's ’s general contractor contractor, construction manager or under any other construction contracts entered into by Tenant relative to the construction of the Tenant's ’s Work, together with all costs associated with permits and other governmental approvals, the "supervisory fees" fees payable to Landlord under Paragraph 5 hereof, and all costs associated with the installation of telephone and cabling lines into the walls of the Premises), and it is hereby agreed that no more than $106,284.00 657,270.00 (i.e., being $6.00 per square foot of Rentable Area 25% of the PremisesAllowance) of the overall Allowance (herein, the "“Available Soft Cost Contribution"”) may be applied by Tenant to pay for so-called "“soft" ” costs associated with Tenant's ’s construction of the Tenant's ’s Work, including moving/relocation to the Premises (which "“soft" ” costs, for purposes hereof, shall include all architectural and engineering costs and fees, moving expenses, relocation costs, consulting fees and other reimburseable expenses; all costs of furniture, fixtures and equipment; telephone and cabling costs associated with the interior of the Premises; and all other costs and expenses paid by Tenant to Landlord hereunder, other than the "supervisory fees" fees specifically set forth in Paragraph 5 of this Agreement).

ALLOWANCE; PERIODIC PAYMENTS. (a) Landlord shall make a contribution (the "“Allowance"”) towards the "hard costs" and the "soft costs" cost of Tenant's ’s Work (as such terms are hereinafter defined)including, the costs of construction, design, engineering, and other professional/consultant fees, furniture, reconfiguration and installation and wiring of phone and data processing equipment) and towards moving costs, in an amount equal to $619,990.00 (i.e., being $35.00 per square foot the product of the Rentable Area of the portion of the Premises as to which Tenant’s Work is then being performed (i.e. 39,355 square feet with respect to the initial build-out of the Phase I Premises)) multiplied by $10.00 (with the remaining Allowance as to the Phase II Premises and the Phase III Premises to be contributed by Landlord at such times as Tenant builds out the Phase II Premises and the Phase III Premises, respectively) on the terms and conditions hereinafter set forth. If the cost of the Tenant's ’s Work exceeds the AllowanceAllowance required to be disbursed hereunder, Tenant shall have sole responsibility for the payment of such excess cost, and Tenant shall pay any such excess when due from time to time (i.e., based on upon the most recent estimates of the cost of the Tenant’s Work delivered by Tenant under Paragraph 3 above or otherwise furnished by Tenant, in certified form, upon Landlord’s request from time to time of the total cost of the Tenant's Worktherefor) prior to any disbursement or further disbursement of the Allowance. It is acknowledged that , and in such event, Landlord intends that not less than $513,706.00 (i.e., being $29.00 per square feet of Rentable Area shall have no obligation to disburse or further disburse any portion of the PremisesAllowance until all such excess costs have been paid by Tenant, and Tenant shall have delivered to Landlord the documentation described in Paragraph 9(b) below evidencing the payment of such excess costs by Tenant. Landlord shall not be obligated to disburse any portion of the overall Allowance which is to be contributed disbursed to so-called "hard" construction costs for the Tenant's Work (which "hard" construction costs, for purposes hereof, shall include all costs and fees payable under the construction contract with Tenant's general contractor or under any other construction contracts entered into as directed by Tenant relative in response to the construction of the Tenant's Work, together with all costs associated with permits and other governmental approvals, the "supervisory fees" payable to Landlord under Paragraph 5 hereof, and all costs associated with the installation of telephone and cabling lines into the walls of the Premises), and it any request for disbursement which is hereby agreed that no submitted by Tenant more than $106,284.00 one hundred twenty (i.e.120) days following the Commencement Date, being $6.00 per square foot except as otherwise provided in Paragraph 9(f) below. If the cost of Rentable Area of Tenant’s Work and such other items for which the Premises) of the overall Allowance (herein, the "Available Soft Cost Contribution") may be applied by should for any reason be less than the full Allowance, Tenant shall not be entitled to pay for so-called "soft" costs associated with Tenant's construction the unapplied portion of the Tenant's WorkAllowance or any credit against Rent in the amount any such unapplied portion, including moving/relocation to the Premises (which "soft" costs, for purposes hereof, shall include all architectural and engineering costs and fees, moving expenses, relocation costs, consulting fees and other reimburseable expenses; all costs of furniture, fixtures and equipment; telephone and cabling costs associated with the interior of the Premises; and all other costs and expenses paid by Tenant to Landlord hereunder, other than the "supervisory fees" specifically set forth except as otherwise provided in Paragraph 5 of this Agreement)9(f) below.

ALLOWANCE; PERIODIC PAYMENTS. (a) Landlord shall make a contribution (the "“Office Allowance"” and “Warehouse Allowance”, as further defined below) towards the "hard costs" and the "soft costs" cost of Tenant's ’s Work (as such terms are hereinafter definedincluding, without limitation, the costs of construction (including demolition), furniture, installation and wiring of phone and data processing equipment, permits and inspections, space plans, design drawings and other architectural drawings) and toward moving costs and any other architectural fees in connection with the Tenant’s Work (herein, the “Allowance Permitted Costs”), in an amount equal estimated to be (and subject to the terms of the Final Space Plan Addendum) to (i) $619,990.00 2,700,000 (should the Office Space be comprised of 30,000 square feet of Rentable Area) for the portion of the Tenant’s Work being performed in the Office Space the (“Office Allowance”) (i.e., being $35.00 90.00 per square foot of Rentable Area of the PremisesOffice Space), and (ii) $250,000 (should the Warehouse Space be comprised of 5,000 square feet of Rentable Area) for the portion of the Tenant’s Work being performed in the Warehouse Space (the “Warehouse Allowance”) (i.e., being $50.00 per square foot of Rentable Area of the Warehouse Space), on the terms and conditions hereinafter set forth. Landlord and Xxxxxx acknowledge and agree that the Office Allowance shall only be allocated, used and distributed for the Tenant’s Work performed in the Office Space, and the Warehouse Allowance shall only be allocated, used and distributed for the Tenant’s Work performed in the Warehouse Space. The Office Allowance and Warehouse Allowance may collectively be referred to as the “Allowance”. If the cost of the Tenant's ’s Work is less than the Allowance, any excess Allowance, at the written request of Tenant, shall be applied by Landlord towards Rent due under the Lease as additional Abated Rent after the Third Rent Abatement Period. If the cost of the Tenant’s Work exceeds the AllowanceAllowance required to be disbursed hereunder, Tenant shall have sole responsibility for the payment of such excess cost, and and, at Landlord’s election, Tenant shall be obligated to pay any such excess its “pro‑rata share” (as defined in Paragraph 9(g) below) of the Allowance Permitted Costs when due from time to time (i.e., based on upon the most recent estimates of the cost of the Tenant’s Work delivered by Tenant under Paragraph 3 above or otherwise furnished by Tenant, in certified form, upon Xxxxxxxx’s request from time to time of the total cost of the Tenant's Worktherefor) prior as an express condition for Landlord’s obligation to disburse any further disbursement portion of the Allowance. It is acknowledged that , and in such event, Landlord intends that not less than $513,706.00 (i.e., being $29.00 per square feet of Rentable Area shall have no obligation to further disburse any portion of the Premises) Allowance until Xxxxxx’s pro‑rata share of the overall Allowance be contributed to so-called "hard" construction costs for the Tenant's Work (which "hard" construction costs, for purposes hereof, shall include all costs and fees payable under the construction contract with Tenant's general contractor or under any other construction contracts entered into by Tenant relative to the construction of the Tenant's Work, together with all costs associated with permits and other governmental approvals, the "supervisory fees" payable to Landlord under Paragraph 5 hereof, and all costs associated with the installation of telephone and cabling lines into the walls of the Premises), and it is hereby agreed that no more than $106,284.00 (i.e., being $6.00 per square foot of Rentable Area of the Premises) of the overall Allowance (herein, the "Available Soft Cost Contribution") may be applied by Tenant to pay for so-called "soft" costs associated with Tenant's construction of the Tenant's Work, including moving/relocation to the Premises (which "soft" costs, for purposes hereof, shall include all architectural and engineering costs and fees, moving expenses, relocation costs, consulting fees and other reimburseable expenses; all costs of furniture, fixtures and equipment; telephone and cabling costs associated with the interior of the Premises; and all other costs and expenses Permitted Costs have been so paid by Tenant to Landlord hereunder, other than the "supervisory fees" specifically set forth in Paragraph 5 of this Agreement)Tenant.

ALLOWANCE; PERIODIC PAYMENTS. (a) Landlord shall make a contribution (the "Allowance") towards the "hard costs" and the "soft costs" cost of Tenant's Work (as such terms are hereinafter definedincluding, without limitation, the costs of construction, permits and inspections, space plans and design drawings, architectural drawings, mechanical, electrical and plumbing drawings, architectural, engineering and consultants' fees, signage costs, costs of equipment and furnishings, and Landlord's charges described in Paragraph 3(e) and Paragraph 5 above) and toward (i) moving costs ("Moving Costs") and (ii) the termination fee payable by Tenant to its existing landlord in connection with the early termination of its existing lease for premises located at 55 E. Monroe in Chicago, Illinois (the "Termination Fee") and (iii) attxxxxxx' xees in connection with the negotiation of this lease or otherwise relating to the lease transaction being effectuated hereby (the "Attorneys' Fees"), which overall Allowance shall be in an the amount equal to of $619,990.00 2,275,514.00 (i.e., being which is $35.00 58.00 per square foot of Rentable Area of the Premises), all on the terms and conditions hereinafter set forth. In no event shall the portion of the Allowance to be disbursed (or which may be requested by Tenant to be disbursed) toward the Termination Fee exceed the sum of $1,000,000.00 and in no event shall the portion of the Allowance to be disbursed (or which may be requested by Tenant to be disbursed) toward the Attorneys' Fees exceed the sum of $20,000.00. The overall Allowance required hereunder, less the amount of the Allowance which Tenant, in accordance herewith, requests to be disbursed toward Moving Costs, Attorneys' Fees and the Termination Fee, is referred to herein as the "Net Allowance". If the cost of the Tenant's Work exceeds the Net Allowance, Tenant shall have sole responsibility for the payment of such excess cost, and shall shall, at Landlord's sole election, pay any such excess when due from time to time (i.e., based on estimates from time to time the then most current estimate of the total cost of the Tenant's WorkWork submitted to and approved by Landlord under Paragraph 3(a) above or, in any event, based on certified cost statements delivered by Tenant to Landlord upon Landlord's request therefor from time to time) prior to any disbursement or further disbursement of the Net Allowance. It is acknowledged that Landlord intends that not less than $513,706.00 (i.e.Further, being $29.00 per square feet of Rentable Area if the actual Termination Fee exceeds the maximum portion of the Premises) Allowance required to be made available toward the Termination Fee hereunder (as described above), Tenant shall have the sole responsibility for the payment of such excess cost, and shall, and Landlord's sole election, pay any such excess to its existing landlord prior to Landlord's disbursement of the overall portion of the Allowance be contributed allocated as a contribution toward the Termination Fee. Provided that Tenant has delivered the Security Deposit required under the Lease, then Landlord agrees to so-called "hard" construction costs for disburse the portion of the Allowance allocated toward the Termination Fee within seven (7) days following Tenant's Work written request therefor setting forth reasonable direction to Landlord of where payment is to be made, and delivery to Landlord of (which "hard" construction costs, for purposes hereof, shall include all costs and fees payable under the construction contract with i) a statement from Tenant's general contractor existing landlord setting forth the amount of the Termination Fee due and owing under Tenant's existing lease, and (ii) either (A) evidence that Tenant has paid such amount to its existing landlord as the requisite termination fee under Tenant's existing lease (in which case, Landlord shall pay such portion of the Allowance allocated toward the Termination Fee directly to Tenant, as reimbursement for its payment to its existing landlord), or under (B) a direction to pay the Termination Fee directly to Tenant's existing landlord (in which case, Landlord shall pay such portion of the Allowance allocated toward the Termination Fee directly to Tenant's existing landlord as direct payment of said Termination Fee); subject, in any other construction contracts entered into by Tenant relative event, to the construction terms and conditions described in the preceding sentence and in Paragraph 9(e) below. The balance of the Tenant's Work, together with all costs associated with permits and other governmental approvals, Allowance not otherwise attributable to the "supervisory fees" payable to Landlord under Paragraph 5 hereof, and all costs associated Termination Fee shall be disbursed in accordance with the installation of telephone remaining terms and cabling lines into the walls of the Premises), and it is hereby agreed that no more than $106,284.00 (i.e., being $6.00 per square foot of Rentable Area of the Premises) of the overall Allowance (herein, the "Available Soft Cost Contribution") may be applied by Tenant to pay for so-called "soft" costs associated with Tenant's construction of the Tenant's Work, including moving/relocation to the Premises (which "soft" costs, for purposes hereof, shall include all architectural and engineering costs and fees, moving expenses, relocation costs, consulting fees and other reimburseable expenses; all costs of furniture, fixtures and equipment; telephone and cabling costs associated with the interior of the Premises; and all other costs and expenses paid by Tenant to Landlord hereunder, other than the "supervisory fees" specifically set forth in Paragraph 5 conditions of this Agreement)Paragraph 9.