Alterations Allowance. Landlord hereby grants Tenant the right to use up to $500,000.00 (the “Alterations Allowance”) for the reimbursement of costs expended by Tenant for the purchase and installation of improvements or FF&E which are permanently affixed to or used in the Premises (the “Refurbishments”). Tenant shall construct any Refurbishments constituting improvements as “Alterations” in accordance with the terms of this Article 8; provided, however, Tenant shall not be required to provide a bond under the last sentence of Section 8.4 with respect thereto. If Tenant elects to use any portion of the Refurbishment Allowance, Tenant shall provide written notice thereof to Landlord, together with invoices marked paid or other reasonable evidence of costs expended by Tenant on the Refurbishments, and with applicable lien releases (the “Disbursement Request”). All Disbursement Requests must be made, if at all, on or before the later of November 30, 2015, and six (6) months after the Lease Commencement Date. Tenant shall have no right to access any portion of the Alterations Allowance after such date. Landlord shall pay the applicable portion of the Alterations Allowance to Tenant within thirty (30) days after receipt of a Disbursement Request. If Tenant elects to use any portion of the Alterations Allowance, then Tenant shall be required to pay to Landlord, as Additional Rent under this Lease, the “Additional Monthly Base Rent” as defined below, to repay the Alterations Allowance to Landlord, on a monthly basis on each month during
Appears in 2 contracts
Samples: Lease (RAPT Therapeutics, Inc.), Lease (RAPT Therapeutics, Inc.)
Alterations Allowance. Notwithstanding anything to the contrary in Paragraph 9 below, Landlord hereby grants Tenant shall contribute toward the right cost of the design, construction and installation of the Initial Alterations (including, without limitation, Tenant’s Contractor’s fee and the Alteration Operations Fee) an amount not to use up to exceed Two Million Eight Hundred Eighty Two Thousand Two Hundred Fifty Dollars ($500,000.00 2,882,250.00) (the “Alterations Allowance”Allowance-); provided, however that not more than Three Hundred Eighty Four Thousand Three Hundred Dollars ($384,300.00) of the Alterations Allowance may be applied to Tenant’s reasonable space planning, consultant, architectural and engineering costs for the reimbursement design of costs expended by Tenant for the purchase and installation Initial Alterations. No portion of improvements the Alterations Allowance may be applied to the cost of equipment, trade fixtures, moving expenses. furniture, signage or FF&E which are permanently affixed free rent, but the Alterations Allowance may be applied to or used in the Premises (the “Refurbishments”)cost of network cabling. Further, Tenant shall construct not be entitled to receive all or any Refurbishments constituting improvements as “Alterations” portion of the Alterations if Tenant is in accordance with default under the terms of this Article 8Lease at the time Tenant requests such disbursement; provided, however, that if Landlord did not make a disbursement because Tenant was then in default under this Lease, Landlord shall not make the disbursement at such time as the default is cured, provided that all other conditions for the disbursement hereunder have been met and the default is cured within the Allowance Availability Period (as defined below). Notwithstanding anything to the contrary in this Paragraph 4.d.i., the Alterations Allowance shall be required available for disbursement pursuant to provide a bond under the last sentence of Section 8.4 with respect thereto. If Tenant elects to use any portion of terms hereof only for the Refurbishment Allowance, Tenant shall provide written notice thereof to Landlord, together with invoices marked paid or other reasonable evidence of costs expended by Tenant on first twelve (12) months following the Refurbishments, and with applicable lien releases Commencement Date (the “Disbursement RequestAllowance Availability Period”). All Disbursement Requests must be made, if at all, on or before the later of November 30, 2015, and six (6) months after the Lease Commencement Date. Tenant shall have no right to access If any portion of the Alterations Allowance after has not been utilized (and Tenant has not submitted to Landlord invoices evidencing such datecosts) prior to the end of the Allowance Availability Period, such unused portion shall be forfeited by Tenant. Landlord shall pay the applicable portion of Tenant acknowledges that the Alterations Allowance is to be applied to Initial Alterations covering the entire Premises outlined in Exhibit A. The foregoing shall not be deemed to require Tenant within thirty to improve all portions of the Premises in the same manner or to the same level of finish, but all portions of the Premises shall be improved in a reasonable manner appropriate for office space, including electrical, FIVAC, lighting floor covering and wall covering consistent with the balance of the Premises (30) days after receipt of a Disbursement Requestsuch improvements are sometimes referred to hereinafter as the “Minimum Improvement Standards”). If Tenant elects does not elect to use any portion of improve the Alterations Allowanceentire Premises with the Minimum Improvement Standards, then Tenant shall be required to pay to Landlord, as Additional Rent under this Lease, the “Additional Monthly Base Rent” as defined below, to repay the Alterations Allowance to Landlord, shall be adjusted on a monthly pro-rata per rentable square foot basis on each month duringto reflect the number of square feet actually being improved with such Minimum Improvement Standards.
Appears in 1 contract
Samples: Office Lease (New Relic Inc)
Alterations Allowance. Tenant may improve and refurbish the F-3 Additional Space and Must-Take Space after the initial delivery thereof by Landlord hereby grants to Tenant. Any such improvement and refurbishment shall be considered Tenant the right to use up to $500,000.00 (the “Alterations Allowance”) for the reimbursement of costs expended by Tenant for the purchase and installation of improvements or FF&E which are permanently affixed to or used in the Premises (the “Refurbishments”)under Lease Article 9. Tenant shall construct be paid or credited with an allowance (the "IMPROVEMENT ALLOWANCE") of Twenty-Four Thousand Nine Hundred Fifty-Five Dollars ($24,955.00) ($5.00 per square foot of Rentable Area in the F-3 Additional Space and Must-Take Space). The Improvement Allowance shall be used solely for the costs of design, including engineering plans and specifications, purchase, installation and construction of improvements which constitute permanent improvements to the F-3 Additional Space and Must-Take Space, including, without limitation, carpeting. The Improvement Allowance shall 5 not be used for furniture or furnishings unless the same are built into the F-3 Additional Space or Must-Take Space and surrendered to Landlord upon expiration of the Lease. Notwithstanding the foregoing, the Improvement Allowance may be used for reasonable costs incurred in moving into the F-3 Additional Space and Must-Take Space and installation costs incurred in connection with the permanent wiring of telecommunications systems in the F-3 Additional Space and Must-Take Space. The Improvement Allowance shall not be available for any Refurbishments constituting improvements costs incurred after June 1, 1998. Portions of the Improvement Allowance shall be advanced to Tenant periodically on a monthly basis after commencement of construction and/or refurbishment by Tenant within the F-3 Additional Space and/or Must-Take Space and after Tenant has delivered to Landlord copies of the original invoices for Tenant's work or labor performed and materials or supplies furnished, and, to the extent used for permanent or built-in improvements, a certificate from Tenant's architect or engineer certifying that the work and materials have been furnished as “Alterations” indicated in such statement and that such work and materials have been substantially completed in accordance with the terms of this Article 8; providedplans therefor. Tenant shall obtain such verification and reports from contractors, however, Tenant subcontractors and materialmen and shall satisfy such other standard construction loan disbursement conditions as may reasonably be required by Landlord. Landlord shall not be required to provide a bond under pay more than the last sentence of Section 8.4 Improvement Allowance toward all costs, expenses and charges related to Tenant's improvement and initial occupancy expenses with respect thereto. If Tenant elects to use any portion of the Refurbishment Allowance, Tenant shall provide written notice thereof to Landlord, together with invoices marked paid or other reasonable evidence of costs expended by Tenant on the Refurbishments, F-3 Additional Space and with applicable lien releases (the “Disbursement Request”). All Disbursement Requests must be made, if at all, on or before the later of November 30, 2015, and six (6) months after the Lease Commencement DateMust-Take Space. Tenant shall have no right not be entitled to access any portion payment or rent reduction for any part of the Alterations Improvement Allowance after such date. Landlord shall pay the applicable portion of the Alterations Allowance to Tenant within thirty (30) days after receipt of a Disbursement Request. If Tenant elects to use any portion of the Alterations Allowance, then Tenant shall be required to pay to Landlord, as Additional Rent under this Lease, the “Additional Monthly Base Rent” as defined below, to repay the Alterations Allowance to Landlord, on a monthly basis on each month duringnot used by Tenant.
Appears in 1 contract
Samples: Lease (Symantec Corp)