Construction Allowance. (a) Landlord shall provide to Tenant a construction allowance not to exceed $135.00 per rentable square foot in the Relocation Premises (the “Construction Allowance”) to be applied toward the Total Construction Costs, as adjusted for any changes to the Tenant Work. If the Total Construction Costs are estimated to exceed the Construction Allowance by more than $5.00 per rentable square foot of the Relocation Premises, then no advance of the Construction Allowance shall be made by Landlord until Tenant has first paid to the contractor from its own funds (and provided reasonable evidence thereof to Landlord) the anticipated amount by which the projected Total Construction Costs exceed the amount of the Construction Allowance. Thereafter, Landlord shall pay to Tenant (or at Tenant’s request directly to Tenant’s general contractor) the Construction Allowance in multiple disbursements (but not more than once in any calendar month) following the receipt by Landlord of the following items: (i) a request for payment and sworn statements of Tenant and contractor, (ii) final or partial lien waivers, as the case may be, from all persons performing work or supplying or fabricating materials for the Tenant Work, fully executed, acknowledged and in recordable form, which waivers may be conditioned upon receipt of payment, (iii) the Architect’s certification that the Tenant Work for which reimbursement has been requested has been finally completed, including (with respect to the last application for payment only) any punch-list items, on the appropriate AIA form or another form approved by Landlord, and, (iv) with respect to the disbursement of the last 10% of the Construction Allowance, (1) the permanent certificate of occupancy issued for the Relocation Premises, if required by applicable law, (2) the record drawing in CAD format, PDF format and hard copy required by Section 5 above, and (3) an estoppel certificate confirming such factual matters as Landlord or Landlord’s Mortgagee may reasonably request (collectively, a “Completed Application for Payment”). Landlord shall pay the amount requested in the applicable Completed Application for Payment to Tenant within 30 days following Tenant’s submission of the Completed Application for Payment. If, however, the Completed Application for Payment is incomplete or incorrect, Landlord shall promptly notify Tenant of the same and Landlord’s payment of such request shall be deferred until 30 days following Landlord’s receipt o...
Construction Allowance. Construction Allowance" means the allowance, consisting of all Construction Advances and Carrying Costs, which is to be provided by Landlord for the construction of the Designated Improvements as more particularly described in Paragraph 6 below. (ab)
Construction Allowance. (a) Landlord shall provide to Tenant a construction allowance (the “Suite 140 Construction Allowance”) not exceeding $181,856.00 (namely, $12.00 per square foot on 5,458 sq. ft. (Suite 140A), $12.00 per square foot on 5,489 sq. ft. within Suite 140B, and $10.40 per square foot on the remaining 4,855 sq. ft. within Suite 140B) the entire of which sum is available for Suite 140. The Suite 140 Construction Allowance may be allocated to either bio-lab or office finish out. The Suite 140 Construction Allowance shall be used for (i) construction costs under the construction contract and subcontracts, (ii) a construction management fee of 3% of Total Construction Costs to be paid to Landlord (and which shall be deducted by Landlord from the Construction Allowance), (iii) the cost of the Drawings and the construction documents, including any third party fees incurred by Landlord to pay for review of the Drawings by Landlord’s consultants, including the Building’s mechanical and electrical engineers, and, (iv) tenant directory and suite signage.
(b) No more frequently than once every thirty (30) days, Tenant may request payment to Tenant from the Suite 140 Construction Allowance for work performed during the previous thirty (30) day period. Each of Landlord’s progress payments shall be limited to an amount equal to the aggregate amounts for which payment by Tenant is due (as certified by Tenant’s independent architect) to the General Contractor, subcontractors and suppliers which have not been subject to previous disbursements from Landlord. Such progress payments shall be made within thirty (30) days next following the delivery to Landlord of requisition therefor, signed by Tenant’s independent architect, which requisitions shall set forth the names of each contractor, subcontractor and supplier to whom payment is due, and the amount thereof, and shall be accompanied by (i) invoices and signed waivers and releases of lien in form reasonably acceptable to Landlord from the General Contractor and all subcontractors, and suppliers covering all work and materials which were the subject of progress payments by Landlord (and if applicable, Tenant), (ii) a written certification from Tenant’s architect that the work which is being paid by such progress payment has been completed substantially in accordance with plans previously approved by Landlord, and (iii) such other documents and information as Landlord may reasonably request. Landlord may retain ten percent (10%) of ...
Construction Allowance. The costs and expenses for Landlord's Work based on the Approved Plans are subject to either a Fixed Price Construction Allowance or a Cost Plus Construction Allowance as set forth in the SLP. In either event, Landlord shall be responsible for all cost overruns in excess of the applicable Construction Allowance, and the same shall not be billed to School or increase the Base Rent to be paid by School. If the Cost Plus Construction Allowance applies, Landlord shall provide School monthly during the construction of Landlord's Work with all invoices and bills for materials and labor related to Landlord's Work. The following costs and expenses shall be included in the cost of Landlord's Work (collectively "Cost of Work"):
a. Salaries or wages of all labor including foremen, mechanics, drivers, sub- contractors, laborers, and all others necessary for the proper conduct of the work and for the time employed on the work, together with any Social Security and taxes in connection with such labor.
b. Disbursements made and obligations incurred for or in connection with the furnishing, delivery and installation of all materials, structural accessories, machinery, equipment and other items required to be furnished and done hereunder; also for and in connection with the construction equipment and maintenance at the site of the work, and elsewhere as required; and for or in connection with all insurance, bonds, fees, royalties and permits.
c. Disbursements made and obligations incurred pursuant to subcontracts made hereunder, less all counter charges collected from subcontractors.
d. All utilities utilized during the Landlord's Work.
e. All loading and unloading, express and freight delivery charges.
f. Disbursements for materials or supplies furnished from Landlord's stock which shall be charged to the work at a fair market price.
g. All costs of capital employed and money borrowed.
h. All surveys, inspections and tests of the site.
i. All necessary approvals, easements, assessments and charges required for the construction, use or occupancy of permanent structures or permanent changes in existing facilities. The term Cost of Work shall not include salaries of Landlord's officers or salaries of any Person employed in the office of Landlord. Landlord's overhead or general expenses of any kind related to Landlord's Work and Landlord's profit shall not be deemed a Cost of Work, but rather are incorporated within the Cost Plus Percentage as set forth in the SLP.
Construction Allowance. Provided Tenant is not in default, Landlord agrees to contribute the sum of up to $10.00 per rentable square foot in the Premises as shown in the jointly approved final plans, which is currently estimated at One Hundred Seventy-Four Thousand, Five Hundred Forty Dollars ($174,540.00) (“Construction Allowance”) toward the cost of performing the Initial Alterations in preparation of Tenant’s occupancy of the Premises, plus one-half (1/2) the cost of each new demising wall being constructed in the Premises included in the Initial Alterations. For purposes of this Lease, a demising wall is a wall that separates the Premises from other tenants and the other areas of the Building. The Construction Allowance shall be payable to Tenant as a single payment following: (1) completion of the Initial Alterations (or the portion in the designated phase) including punchlist items as described below; (2) issuance of a final (not temporary) certificate of occupancy for the Premises (or the scope of work for the phase) by the applicable governmental agency(ies): (3) the certification of Tenant and its architect that the Initial Alterations (or for the work in the designated phase) have been installed in a good and workmanlike manner in accordance with the approved plans, and in accordance with applicable laws, codes and ordinances; (4) full and final contractor’s, subcontractor’s and material supplier’s waivers of liens which shall cover all Initial Alterations (or all work in the designated phase) and all other statements and forms required for compliance with the mechanics’ lien laws of the State of Utah; (5) general contractor and architect’s completion affidavits; (6)_plans and specifications for the initial Alterations, together with a certificate from an AIA architect that such plans and specifications comply in all material respects with all laws affecting the Building, Property and Premises; (7) Tenant furnishing Landlord with an accurate architectural “as-built” plan of the Initial Alterations as constructed, which plan shall be incorporated into this Exhibit D by this reference for all purposes, and (8) copies of all construction contracts for the Initial Alterations, together with copies of all change orders, if any; together with all such invoices, contracts, or other supporting data as Landlord or Landlord’s Mortgagee may reasonably require. The Construction Allowance shall be disbursed in the amount reflected on the receipted bills meeting the requirements abov...
Construction Allowance. Landlord shall provide to Tenant a construction allowance ("Construction Allowance") for the purpose of defraying the cost of constructing the Leasehold Improvements which Construction Allowance shall be equal to the lesser of (i) the Total Construction Costs, or (ii) $1,191,100.00 ($25.00 per square foot of area in the Premises).
Construction Allowance. (i) In addition to the appropriate rate of pay prescribed in Schedule A - Salaries, an employee will be paid –
(1) $60.30 per week if engaged on the construction of a large industrial undertaking or any large civil engineering project.
(2) $54.50 per week if engaged on a multi-storey building but only until the exterior walls have been erected, the windows completed and a lift made available to carry the employee between the ground floor and the floor upon which the employee is required to work. A “multi- storey building” is a building which, when completed, will consist of at least five stories.
(3) $31.90 per week if engaged otherwise on Construction work.
(ii) The rates specified in subclause 26.1(e)(i) will be discounted by $24.80 per week, the amount of the commuted allowance granted under subclause 26.1(a).
Construction Allowance. (a) In addition to the rates and allowances otherwise prescribed by this Agreement (except as provided) an employee working on;
(i) Building construction work (as defined); or
(ii) Reconstruction, alteration, repair and/or maintenance work (as defined) shall be paid an allowance at the rate of $21.30 per week to compensate for the following disabilities; - climatic conditions when working in the open on all types of work; - the physical disadvantages of having to climb stairs or ladders; - dust blowing in the wind on building sites; - sloppy and muddy conditions associated with the initial stages of the erection of the building; - dirty conditions caused by the use of foam oil or from green timber; - the disability of working on all types of scaffolds other than a single plank swing scaffold or a bosun's chair; - the lack of the usual amenities associated with factory work (e.g. recreational facilities, sanitary convenience etc.); - drippings from newly poured concrete; - all other present disabilities not specifically compensated or allowed for by any other provisions of this Agreement: Where a separate "on site" or construction allowance applies on a particular project, this allowance of $21.30 per week shall be in substitution except where such allowance exceeds $21.30 when the higher amount shall be paid. Such allowance shall form part of the weekly wage in the calculation of overtime payments, annual leave pay, public holiday pay, sick pay and long service leave pay.
(b) Building construction work - For the purposes of this Agreement "building construction work" shall mean the construction of new buildings, the construction of additions to existing buildings and necessary alteration of existing buildings to make them conform to any new additions, and the demolition of buildings and shall be deemed to include all electrical work carried out during such work.
Construction Allowance. Sublessor shall provide to Sublessee a construction allowance not to exceed $20.00 per square foot of the Building (as determined in accordance with the Measurement Method) (the “Construction Allowance”) to be applied toward the cost of the Sublessee’s Improvements. The Construction Allowance shall not be disbursed to Sublessee in cash, but shall be applied by Sublessor to the payment of the costs of Sublessee’s Improvements. In no event shall any portion of the Construction Allowance be used by Sublessor for design, engineering, construction or other costs associated with the base building, landscaping, utilities, Common Facilities or any other site improvements, or any other costs not directly associated with the Sublessee’s Improvements.
Construction Allowance. Landlord shall provide As built plans submitted by Tenant. In addition Landlord shall provide an allowance of Twenty Thousand ($20,000.00) Dollars towards Tenant’s Signage and Three Thousand ($3,000.00 ) Dollars towards Tenants data cabling/IT installationImprovements. THIS AGREEMENT, made this 1st day of August, 2019, between Axx Xxxxxxxx (herein "Landlord") and Boomer Natural Wellness, Inc a Nevada Corporation (herein "Tenant").
