Common use of Cost Approval Clause in Contracts

Cost Approval. 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 costs (i.e., $28/per rentable square foot), if any. Concurrent with the plan checking referred to in Section 3 of this Work Letter, Landlord shall prepare and submit to Tenant a written estimate of the amount of the remaining Tenant Improvement Costs and the amount of the Tenant Improvement Allowance still available to defray such costs (after preparation of the Preliminary Plans and Working Drawings). Tenant shall approve or disapprove any such estimate by written notice to Landlord within three (3) days after receipt thereof. If Tenant fails to notify Landlord of its disapproval within such three (3) day period, Tenant shall be deemed to have approved such estimate. If such estimate exceeds the Tenant Improvement Allowance then still available and Tenant approves such estimate, Tenant's notice of approval shall include payment to Landlord for the full amount of such excess, or, in the event Tenant is deemed to have approved such excess costs, Tenant shall promptly make such payment to Landlord. If Tenant disapproves such estimate within the three (3) day period, Landlord shall not proceed with the Tenant Improvements, but Landlord and Tenant shall thereafter meet and cooperate to amend the Working Drawings for the Premises as necessary to obtain Tenant's approval of the cost thereof, provided that Tenant shall pay any costs resulting from such changes and Tenant shall be liable for the delay in completing the Tenant Improvements and the increased costs, if any, resulting from such delay.

Cost Approval. 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 costs (i.e., $28/per rentable square foot), if anycosts. Concurrent with the plan checking referred to in Section 3 of this the Work Letter, Landlord and Contractor shall prepare and submit to Tenant a written estimate of the amount of the remaining Tenant Improvement Costs and the amount cost of the Tenant Improvement Allowance still available to defray such costs (after preparation of the Preliminary Plans and Working Drawings). Tenant shall approve or disapprove any such estimate by written notice to Landlord within three five (35) business days after receipt thereof. If Tenant fails to notify Landlord of its disapproval within such three five (35) day period, Tenant shall be deemed to have approved such estimate. If such estimate exceeds the Tenant Improvement Allowance then still available and Tenant approves such estimate, Tenant's notice of approval shall include payment to Landlord for the full amount of such excess, or, in the event Tenant is deemed to have approved such excess costs, Tenant shall promptly make such payment to Landlord. If Tenant disapproves such estimate within the three five (35) day period, Landlord Tenant shall not proceed with the Tenant Improvements, but be required to direct Landlord and Tenant shall thereafter meet and cooperate Landlord's Architect to amend the Working Drawings for in a manner reasonably satisfactory to both parties so as to reduce the Premises as necessary estimated costs to obtain an amount acceptable to Tenant's approval of , and any excess estimated costs remaining after such amendment if any shall be paid by Tenant in the cost thereof, provided that manner described in the preceding sentence. Tenant shall additionally pay any costs resulting from such changes amendment and Tenant shall be liable for the delay in completing the Tenant Improvements and the increased costs, if any, resulting from such delay. If Tenant is unwilling or unable to amend the Working Drawings, in a manner acceptable to Landlord, then Tenant shall be deemed to have approved of the estimate for the Working Drawings as prepared, and shall pay in full the amount of any excess estimated costs together with any costs arising from delay as a result of Tenant's actions hereunder, in the manner hereinabove provided.

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

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

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