Common use of Cost Approval Clause in Contracts

Cost Approval. Lessee shall pay the excess of the Tenant Improvement Costs over the amount of the Tenant Improvement Allowance available to defray such costs. Concurrent with the plan checking referred to in Paragraph (b) of this Paragraph 56, Lessor shall prepare and submit to Lessee a written estimate of the amount of the remaining Tenant Improvement Costs and the cost of the Tenant Improvement Allowance still available to defray such costs 12 Initials /s/ JS -- /s/ MA -- (after preparation of the Preliminary Plans and Working Drawings). Lessee shall approve or disapprove any such estimate by written notice to Lessor within three (3) days after receipt thereof. If Lessee fails to notify Lessor of its disapproval within such three (3) day period, Lessee shall be deemed to have approved such estimate. If Lessee approves such estimate, Lessee's notice of approval shall include payment to Lessor for an amount equal to Fifty Thousand Dollars ($50,000.00). If Lessee disapproves such estimate within the three (3) day period, Lessee shall be required to direct Lessor and the Architect to amend the Working Drawings in a manner satisfactory to Lessor so as to reduce the estimated costs to an amount acceptable to Lessee, and any excess estimated costs remaining after such amendment shall be paid by Lessee in the manner described in the preceding sentence. Lessee shall additionally pay any costs resulting from such amendment and Lessee shall be liable for the delay in completing the Tenant Improvements and the increased costs, if any, resulting from such delay. If Lessee is unwilling or unable to amend the Working Drawings in a manner acceptable to Lessor, then Lessee shall be deemed to have approved of the estimate for the Working Drawings as prepared, Lessee shall pay the Fifty Thousand Dollars ($50,000.00) to Lessor, and shall pay in full the amount of any excess estimated costs together with any costs arising from delay as a result of Lessee's actions hereunder, in the manner hereinabove provided.

Cost Approval. Lessee Tenant shall promptly pay to Landlord the excess of the Tenant Improvement Costs over the amount of the Tenant Improvement Allowance available to defray such costscosts (i.e., $28/per rentable square foot), if any. Concurrent with the plan checking referred to in Paragraph (b) Section 3 of this Paragraph 56Work Letter, Lessor Landlord shall prepare and submit to Lessee Tenant a written estimate of the amount of the remaining Tenant Improvement Costs and the cost amount of the Tenant Improvement Allowance still available to defray such costs 12 Initials /s/ JS -- /s/ MA -- (after preparation of the Preliminary Plans and Working Drawings). Lessee Tenant shall approve or disapprove any such estimate by written notice to Lessor Landlord within three (3) days after receipt thereof. If Lessee Tenant fails to notify Lessor Landlord of its disapproval within such three (3) day period, Lessee Tenant shall be deemed to have approved such estimate. If Lessee such estimate exceeds the Tenant Improvement Allowance then still available and Tenant approves such estimate, LesseeTenant's notice of approval shall include payment to Lessor Landlord for an the full amount equal of such excess, or, in the event Tenant is deemed to Fifty Thousand Dollars ($50,000.00)have approved such excess costs, Tenant shall promptly make such payment to Landlord. If Lessee Tenant disapproves such estimate within the three (3) day period, Lessee Landlord shall be required to direct Lessor not proceed with the Tenant Improvements, but Landlord and the Architect Tenant shall thereafter meet and cooperate to amend the Working Drawings in a manner satisfactory for the Premises as necessary to Lessor so as to reduce obtain Tenant's approval of the estimated costs to an amount acceptable to Lesseecost thereof, and any excess estimated costs remaining after such amendment provided that Tenant shall be paid by Lessee in the manner described in the preceding sentence. Lessee shall additionally pay any costs resulting from such amendment changes and Lessee Tenant shall be liable for the delay in completing the Tenant Improvements and the increased costs, if any, resulting from such delay. If Lessee is unwilling or unable to amend the Working Drawings in a manner acceptable to Lessor, then Lessee shall be deemed to have approved of the estimate for the Working Drawings as prepared, Lessee shall pay the Fifty Thousand Dollars ($50,000.00) to Lessor, and shall pay in full the amount of any excess estimated costs together with any costs arising from delay as a result of Lessee's actions hereunder, in the manner hereinabove provided.

Cost Approval. Lessee Tenant shall pay the excess of the Tenant Improvement Costs over the amount of the Tenant Improvement Allowance and Additional Allowance available to defray such costs. Concurrent with the plan checking referred to in Paragraph (b) Section 3 of this Paragraph 56Work Letter, Lessor Landlord shall prepare and submit to Lessee Tenant a written line-item estimate of the amount of the remaining Tenant Improvement Costs and the cost of the Tenant Improvement Allowance still available to defray such costs 12 Initials /s/ JS -- /s/ MA -- (after preparation of the Preliminary Plans and Working Drawings). Lessee Tenant shall approve or disapprove any such estimate by written notice to Lessor Landlord within three (3) business days after receipt thereof. If Lessee Tenant fails to notify Lessor Landlord of its disapproval within such three (3) business day period, Lessee Tenant shall be deemed to have approved such estimate. If Lessee such estimate exceeds the Tenant Improvement Allowance and Additional Allowance, then still available and Tenant approves such estimate, LesseeTenant's notice of approval shall include payment to Lessor Landlord for an the full amount equal to Fifty Thousand Dollars ($50,000.00)of such excess. If Lessee Tenant disapproves such estimate within the three (3) business day period, Lessee Tenant shall be required to direct Lessor Landlord and the Landlord's Architect to amend the Working Drawings in a manner satisfactory to Lessor Landlord so as to reduce the estimated costs to an amount acceptable to LesseeTenant, and any excess estimated costs remaining after such amendment shall be paid by Lessee Tenant in the manner described in the preceding sentence. Lessee Tenant shall additionally pay any costs resulting from such amendment and Lessee Tenant shall be liable for the delay in completing the Tenant Improvements and the increased costs, if any, resulting from such delay. If Lessee Tenant is unwilling or unable to amend the Working Drawings in a manner acceptable to LessorLandlord, then Lessee Tenant shall be deemed to have approved of the estimate for the Working Drawings as a prepared, Lessee shall pay the Fifty Thousand Dollars ($50,000.00) to Lessor, and shall pay in full the amount of any excess estimated costs together with any costs arising from delay as a result of LesseeTenant's actions hereunder, in the manner hereinabove provided. See Rider One to work letter.

Cost Approval. Lessee Tenant shall pay the excess of the Tenant Improvement Costs over the amount of the Tenant Improvement Allowance available to defray such costs. Concurrent with the plan checking referred to in Paragraph (b) Section 3 of this Paragraph 56Work Letter, Lessor Landlord shall prepare and submit to Lessee Tenant a written estimate of the amount of the remaining Tenant Improvement Costs and the cost of the Tenant Improvement Allowance still available to defray such costs 12 Initials /s/ JS -- /s/ MA -- (after preparation of the Preliminary Plans and Working Drawings). Lessee Tenant shall approve or disapprove any such estimate by written notice to Lessor Landlord within three (3) days after receipt thereof. If Lessee Tenant fails to notify Lessor Landlord of its disapproval within such three (3) day period, Lessee Tenant shall be deemed to have approved such estimate. If Lessee such estimate exceeds the Tenant Improvement Allowance then still available and Tenant approves such estimate, LesseeTenant's notice of approval shall include payment to Lessor Landlord for an the full amount equal to Fifty Thousand Dollars ($50,000.00)of such excess. If Lessee Tenant disapproves such estimate within the three (3) day period, Lessee Landlord shall be required to direct Lessor not proceed with the Tenant Improvements, but Landlord and the Architect Tenant shall thereafter meet and cooperate to amend the Working Drawings in a manner satisfactory for the Premises as necessary to Lessor so as to reduce obtain Tenant's approval of the estimated costs to an amount acceptable to Lesseecost thereof, and any excess estimated costs remaining after such amendment provided that Tenant shall be paid by Lessee in the manner described in the preceding sentence. Lessee shall additionally pay any costs resulting from such amendment changes and Lessee Tenant shall be liable for the delay in completing the Tenant Improvements and the increased costs, if any, resulting from such delay. If Lessee is unwilling or unable to amend the Working Drawings in a manner acceptable to Lessor, then Lessee shall be deemed to have approved of the estimate for the Working Drawings as prepared, Lessee shall pay the Fifty Thousand Dollars ($50,000.00) to Lessor, and shall pay in full the amount of any excess estimated costs together with any costs arising from delay as a result of Lessee's actions hereunder, in the manner hereinabove provided.

Cost Approval. Lessee Tenant shall pay the excess of the Tenant Improvement Costs over the amount of the Tenant Improvement Allowance available to defray such costs. Concurrent with the plan checking referred to in Paragraph (b) Section 3 of this Paragraph 56Work Letter, Lessor Landlord shall prepare and submit to Lessee Tenant a written estimate of the amount of the remaining Tenant Improvement Costs and the cost of the Tenant Improvement Allowance still available to defray such costs 12 Initials /s/ JS -- /s/ MA -- (after preparation of the Preliminary Plans and Working Drawings). Lessee Tenant shall approve or disapprove any such estimate by written notice to Lessor Landlord within three (3) days after receipt thereof. If Lessee Tenant fails to notify Lessor Landlord of its disapproval within such three (3) day period, Lessee Tenant shall be deemed to have approved such estimate. If Lessee approves such estimate, Lessee's notice of approval shall include payment to Lessor for an amount equal to Fifty Thousand Dollars ($50,000.00). If Lessee Tenant disapproves such estimate within the three (3) day period, Lessee Tenant shall be required to direct Lessor Landlord and the Architect Landlord's architect to amend the Working Drawings in a manner satisfactory to Lessor Landlord so as to reduce the estimated costs to an amount acceptable to LesseeTenant, and any excess estimated costs remaining after such amendment shall be paid by Lessee Tenant in the manner described in the preceding sentence. Lessee Tenant shall additionally pay any costs resulting from such amendment and Lessee Tenant shall be liable for the delay in completing the Tenant Improvements and the increased costs, if any, resulting from such delay. If Lessee Tenant is unwilling or unable to amend the Working Drawings in a manner acceptable to LessorLandlord, then Lessee Tenant shall be deemed to have approved of the estimate for the Working Drawings as prepared, Lessee shall pay the Fifty Thousand Dollars ($50,000.00) to Lessor, and shall pay in full the amount of any excess estimated costs together with any costs arising from delay as a result of LesseeTenant's actions hereunder, in the manner hereinabove providedprovided below. Tenant shall pay the amount of such excess on a pro rata basis with the amounts to be funded by Landlord under Section 5 and Section 6(b) of this Work Letter, within five (5) days after written notice from Landlord setting forth the amounts to be funded by Landlord under each draw request submitted by the Contractor under the Construction Contract and approved by Landlord. The failure of Tenant to timely and fully pay any installment of excess amounts hereunder shall constitute a Tenant Delay and, at Landlord's option, without waiver of Landlord's right to declare an Event of Default by Tenant pursuant to Section 21.1.1 of the Lease, Landlord may cease further work on the Tenant Improvements until such installment has been fully paid, and any additional costs or delays arising out of such cessation of work by Landlord shall be additional Tenant Delay and shall be paid by Tenant.

Cost Approval. Lessee Tenant shall pay the excess of the Tenant Improvement Improvements Costs over the amount of the Tenant Improvement Allowance available to defray such costs. Concurrent with the plan checking referred to in Paragraph (b) Section 3 of this Paragraph 56Work Letter, Lessor Landlord shall prepare and submit to Lessee Tenant a written estimate of the amount of the remaining Tenant Improvement Improvements Costs and the cost amount of the Tenant Improvement Allowance still available to defray such costs 12 Initials /s/ JS -- /s/ MA -- (after preparation of the Preliminary Space Plans and Working Drawings). Lessee Tenant shall approve or disapprove any such estimate by written notice to Lessor Landlord within three (3) business days after receipt thereof. If Lessee Tenant fails to notify Lessor Landlord of its disapproval within such three (3) business day period, Lessee Tenant shall be deemed to have approved such estimate. If Lessee such estimate exceeds the Tenant Improvement Allowance then still available and Tenant approves such estimate, LesseeTenant's notice of approval shall include payment to Lessor Landlord for an the full amount equal to Fifty Thousand Dollars ($50,000.00)of such excess. If Lessee Tenant disapproves such estimate within the three (3) business day period, Lessee Tenant shall be required to direct Lessor Landlord and the Landlord's Architect to amend the Working Drawings in a manner satisfactory to Lessor Landlord so as to reduce the estimated costs to an amount acceptable to LesseeTenant, and any excess estimated costs remaining after such amendment shall be paid by Lessee Tenant in the manner described in the preceding sentence. Lessee Tenant shall additionally pay any costs resulting from such amendment and Lessee Tenant shall be liable for the delay in completing the Tenant Improvements and the increased costs, if any, resulting from such delay. If Lessee Tenant is unwilling or unable to amend the Working Drawings in a manner acceptable to LessorLandlord, then Lessee Tenant shall be deemed to have approved of the estimate for the Working Drawings as prepared, Lessee shall pay the Fifty Thousand Dollars ($50,000.00) to Lessor, and shall pay in full the amount of any excess estimated costs together with any costs arising from delay as a result of Lessee's actions Tenaxx'x xction hereunder, in the manner hereinabove provided.

Cost Approval. Lessee Tenant shall pay the excess of the Tenant Improvement Costs over the amount of the Tenant Improvement Allowance available to defray such costs. Concurrent with the plan checking referred to in Paragraph (b) Section 3 of this Paragraph 56the Work Letter, Lessor Landlord and Contractor shall prepare and submit to Lessee Tenant a written estimate of the amount of the remaining Tenant Improvement Costs and the cost of the Tenant Improvement Allowance still available to defray such costs 12 Initials /s/ JS -- /s/ MA -- (after preparation of the Preliminary Plans and Working Drawings). Lessee Tenant shall approve or disapprove any such estimate by written notice to Lessor Landlord within three five (35) business days after receipt thereof. If Lessee Tenant fails to notify Lessor Landlord of its disapproval within such three five (35) day period, Lessee Tenant shall be deemed to have approved such estimate. If Lessee such estimate exceeds the Tenant Improvement Allowance then still available and Tenant approves such estimate, LesseeTenant's notice of approval shall include payment to Lessor Landlord for an the full amount equal to Fifty Thousand Dollars ($50,000.00)of such excess. If Lessee Tenant disapproves such estimate within the three five (35) day period, Lessee Tenant shall be required to direct Lessor Landlord and the Landlord's Architect to amend the Working Drawings in a manner reasonably satisfactory to Lessor both parties so as to reduce the estimated costs to an amount acceptable to LesseeTenant, and any excess estimated costs remaining after such amendment if any shall be paid by Lessee Tenant in the manner described in the preceding sentence. Lessee Tenant shall additionally pay any costs resulting from such amendment and Lessee Tenant shall be liable for the delay in completing the Tenant Improvements and the increased costs, if any, resulting from such delay. If Lessee Tenant is unwilling or unable to amend the Working Drawings Drawings, in a manner acceptable to LessorLandlord, then Lessee Tenant shall be deemed to have approved of the estimate for the Working Drawings as prepared, Lessee shall pay the Fifty Thousand Dollars ($50,000.00) to Lessor, and shall pay in full the amount of any excess estimated costs together with any costs arising from delay as a result of LesseeTenant's actions hereunder, in the manner hereinabove provided.