COST OF CONSTRUCTION AND PLANS Sample Clauses

COST OF CONSTRUCTION AND PLANS. In connection with the Tenant Improvements to be constructed by Landlord, Landlord shall contribute the Tenant Improvement/Moving Allowance: Five Dollars ($5.00) per square foot of Usable Area in the Premises toward the cost of construction and installation of Tenant Improvements, the preparation of the Tenant Space Plan and Tenant Working Drawings. The balance, if any, of the cost in completing the Tenant Improvements (the “Above-Allowance Work”), including, but not limited to, the cost of overhead, supervision and profit, shall be paid to Landlord in accordance with Paragraph 11 below. If the actual cost of the Tenant Improvements is less than the amount of the Allowance, Tenant may use the funds to offset moving costs.
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COST OF CONSTRUCTION AND PLANS. In connection with the Leasehold Improvements to be constructed by Landlord, Landlord shall contribute the following allowances (collectively, the "Allowance"): (i) $3445 for demolition of the existing improvements; (ii) $3445 for preparation of the Tenant Space Plan and Tenant Working Drawings; and (iii) $96,460 for construction of the Leasehold Improvements. If the cost of any or all of the foregoing three categories exceeds the specific amount designated as the Allowance for that category, Tenant shall pay such excess (the "Above-Allowance"). If the actual cost of any or all of the foregoing categories is less than the amount of the Allowance, Landlord shall retain the excess. The cost to install the ATM by Tenant's contractor and the cost to supervise the installation by Landlord's contractor shall be at Tenant's sole expense and shall be included as part of the Above-Allowance for purposes of paragraph 11.
COST OF CONSTRUCTION AND PLANS. In connection with the Tenant Improvements to be constructed by Landlord, Landlord shall contribute the following allowance (the "Allowance"): (i) an amount equal to the lesser of $45 per square foot of usable area in the Premises toward the cost of architectural design, working drawings, governmental permits, construction and installation of Tenant Improvements, or (ii) the actual cost of architectural design, working drawings, governmental permits, construction and installation of Tenant Improvements. The balance, if any, of the cost in completing the Tenant Improvements (the "Above-Allowance Work"), shall be paid to Landlord in accordance with Paragraph 11 below. If the total cost of completing the Tenant Improvements is less than the amount set forth in clause (i) above, any savings shall inure to the benefit of Tenant.
COST OF CONSTRUCTION AND PLANS. In connection with the Tenant Improvements to be constructed by Landlord, Landlord shall contribute Twenty-Five and No/ 100ths Dollars ($25.00) per square foot of Rentable Area in the Premises ("ALLOWANCE") toward the cost of construction, installation and management of the Tenant Improvements. The balance, if any, of the cost in completing the Tenant Improvements (the "ABOVE-ALLOWANCE WORK"), shall be paid to Landlord in accordance with Paragraph 10 below. If the total cost of completing the Tenant Improvements is less than the Allowance, any savings shall inure to the benefit of Tenant and shall be credited against Base Rent next due until exhausted. Additional improvements which are being constructed by Landlord, at Landlord's cost and not funded out of the Allowance, include the shell of the Building, roof, site improvements, parking for the Lot, striping, landscaping, water and sewer stubbed to the Building, and fire sprinklers (drop for finished ceiling not included) exterior lighting, other utilities stubbed to the Building and mechanical systems for the Building ("LANDLORD'S WORK").
COST OF CONSTRUCTION AND PLANS. Tenant shall retain their own general contractor and subcontractors reasonably approved by Landlord to construct the improvements to the Premises (“Tenant Improvements”). In connection with the Tenant Improvements to be constructed by Tenant, Landlord shall contribute an amount equal to Twenty Seven and 50/100ths Dollars ($27.50) per square foot of rentable area in the Premises toward the cost of architectural design, working drawings, governmental permits, construction and installation of Tenant Improvements. The balance, if any, of the cost in completing the Tenant Improvements (the “Above-Allowance Work”), shall be paid by Tenant. If the total cost of completing the Tenant Improvements is less than the amount set forth above, any savings shall inure to the benefit of Tenant. Landlord shall not be entitled to any construction supervision or coordination fee for the Tenant Improvements and Tenant shall not be charged during the period of construction for any miscellaneous charges, including parking, utilities, or HVAC.
COST OF CONSTRUCTION AND PLANS. In connection with the Tenant Improvements to be constructed by Landlord, Landlord shall contribute an amount up to, but not exceeding, Two Million Two Hundred One Thousand Eight Hundred Ninety-Five Dollars ($2,201,895.00) (the “Allowance”) for the preparation (including revisions) of the Tenant Final Space Plan and Tenant Working Drawings and the construction of the Tenant Improvements (including, without limitation, the cost of obtaining building permits and any other governmental authorizations, the cost of overhead, supervision and profit, and Landlord’s administrative fee described in Paragraph 6 below). Any additional costs to complete the Tenant Improvements (the “Above-Allowance Work”) shall be the sole responsibility of Tenant, and shall be paid by Tenant to Landlord in lump sums as provided in this Work Letter. If the total cost of completing the Tenant Improvements is less than the Allowance, any savings shall inure to the sole and exclusive benefit of Landlord, without payment or credit of any kind to Tenant. Subject to the other terms and conditions hereof and Landlord's prior written consent (such consent to be given or withheld in Landlord's sole discretion), Tenant may request that the Tenant Improvements consist of non-Building standard methods, materials and finishes.
COST OF CONSTRUCTION AND PLANS. In connection with the Tenant Improvements to be constructed by Landlord, Landlord, subject to Landlord's approval of costs, shall perform the improvements in accordance with Tenant's space plan Exhibit B-1 attached, utilizing building standard materials, finishes and quantities, which shall include the preparation of the Tenant Space Plan and Tenant Working Drawings. Any additional costs to complete the Tenant Improvements (the "Above-Allowance Work"), including, but not limited to, the cost of overhead, supervision and profit, shall be paid to Landlord by Tenant in a lump sum. If the total cost of completing the Tenant Improvements is less than the Allowance, any savings shall inure to the benefit of Landlord.
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COST OF CONSTRUCTION AND PLANS. In connection with the Tenant ------------------------------ Improvements to be constructed by Landlord, Landlord shall contribute an amount equal to Twenty-Two Dollars ($22.00) ("ALLOWANCE") per rentable square foot of the Premises for the cost of construction, installation, obtaining of requisite materials and the completion of the Premises in accordance with this Work Letter Agreement. The balance, if any, of the cost in completing the Tenant Improvements (the "ABOVE-ALLOWANCE WORK"), including but not limited, the reasonable and customary cost of overhead, supervision and profit, shall be paid to Landlord in accordance with Paragraph 10 below. If the total cost of completing the Tenant Improvements is less than the Allowance, any savings inure to the benefit of Landlord. Tenant shall have the right to use tenant improvement allowance to complete the data center [Illegible].

Related to COST OF CONSTRUCTION AND PLANS

  • Commencement of Construction Construction of the Project will start within thirty (30) days after notification to the Developer by the Owner, or as soon thereafter as weather and ground conditions permit.

  • Certain Matters of Construction The terms “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular section, paragraph or subdivision. Any pronoun used shall be deemed to cover all genders. In the computation of periods of time from a specified date to a later specified date, “from” means “from and including,” and “to” and “until” each mean “to but excluding.” The terms “including” and “include” shall mean “including, without limitation” and, for purposes of each Loan Document, the parties agree that the rule of ejusdem generis shall not be applicable to limit any provision. Section titles appear as a matter of convenience only and shall not affect the interpretation of any Loan Document. All references to (a) laws or statutes include all related rules, regulations, interpretations, amendments and successor provisions; (b) any document, instrument or agreement include any amendments, waivers and other modifications, extensions or renewals (to the extent permitted by the Loan Documents); (c) any section mean, unless the context otherwise requires, a section of this Agreement; (d) any exhibits or schedules mean, unless the context otherwise requires, exhibits and schedules attached hereto, which are hereby incorporated by reference; (e) any Person include successors and assigns; (f) time of day mean time of day at Agent’s notice address under Section 14.3.1; or (g) discretion of Agent, Issuing Bank or any Lender mean the sole and absolute discretion of such Person. All calculations of Value, fundings of Loans, issuances of Letters of Credit and payments of Obligations shall be in Dollars and, unless the context otherwise requires, all determinations (including calculations of Borrowing Base and financial covenants) made from time to time under the Loan Documents shall be made in light of the circumstances existing at such time. Borrowing Base calculations shall be consistent with historical methods of valuation and calculation, and otherwise satisfactory to Agent (and not necessarily calculated in accordance with GAAP). Borrowers shall have the burden of establishing any alleged negligence, misconduct or lack of good faith by Agent, Issuing Bank or any Lender under any Loan Documents. No provision of any Loan Documents shall be construed against any party by reason of such party having, or being deemed to have, drafted the provision. Whenever the phrase “to the best of Borrowers’ knowledge” or words of similar import are used in any Loan Documents, it means actual knowledge of a Senior Officer, or knowledge that a Senior Officer would have obtained if he or she had engaged in good faith and diligent performance of his or her duties, including reasonably specific inquiries of employees or agents and a good faith attempt to ascertain the matter to which such phrase relates.

  • Law; Construction This Agreement and any claim, counterclaim or dispute of any kind or nature whatsoever arising out of or in any way relating to this Agreement (“Claim”), directly or indirectly, shall be governed by, and construed in accordance with, the internal laws of the State of New York.

  • Manner of Construction Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors reasonably approved by Landlord, and the requirement that upon Landlord’s timely request (as more particularly set forth in Section 8.5, below), Tenant shall, at Tenant’s expense, remove such Alterations upon the expiration or any early termination of the Lease Term in accordance with the terms of Section 8.5, below. If Landlord shall give its consent, the consent shall be deemed conditioned upon Tenant acquiring a permit to do the work from appropriate governmental agencies, the furnishing of a copy of such permit to Landlord prior to the commencement of the work, and the compliance by Tenant with all conditions of said permit in a prompt and expeditious manner. If such Alterations will involve the use of or disturb hazardous materials or substances existing in the Premises, Tenant shall comply with Landlord’s rules and regulations concerning such hazardous materials or substances. Tenant shall construct such Alterations and perform such repairs in a good and workmanlike manner, in conformance with any and all applicable federal, state, county or municipal laws, rules and regulations and pursuant to a valid building permit, issued by the City of San Francisco, all in conformance with Landlord’s construction rules and regulations; provided, however, that prior to commencing to construct any Alteration, Tenant shall meet with Landlord to discuss Landlord’s design parameters and code compliance issues. In the event Tenant performs any Alterations in the Premises which require or

  • Completion of Construction (a) For the purposes of this Agreement, the terms "

  • Governing Law; Construction This Agreement and any claim, counterclaim or dispute of any kind or nature whatsoever arising out of or in any way relating to this Agreement (“Claim”), directly or indirectly, shall be governed by, and construed in accordance with, the laws of the State of New York. The section headings in this Agreement have been inserted as a matter of convenience of reference and are not a part of this Agreement.

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  • Interpretation and Construction When a reference is made in this Agreement to a Section, such reference shall be to a Section of this Agreement, unless otherwise indicated. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include,” “includes” and “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation.” The words “hereof, “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. The word “will” shall be construed to have the same meaning as the word “shall.” The words “dates hereof” will refer to the date of this Agreement. The word “or” is not exclusive. The definitions contained in this Agreement are applicable to the singular as well as the plural forms of such terms. Any agreement, instrument, law, rule or statute defined or referred to herein means, unless otherwise indicated, such agreement, instrument, law, rule or statute as from time to time amended, modified or supplemented. Each of the parties hereto acknowledges that it has been represented by counsel of its choice throughout all negotiations that have preceded the execution of this Agreement, and that it has executed the same with the advice of said independent counsel. Each party cooperated and participated in the drafting and preparation of this Agreement and the documents referred to herein, and any and all drafts relating thereto exchanged among the parties shall be deemed the work product of all of the parties and may not be construed against any party by reason of its drafting or preparation. Accordingly, any rule of law or any legal decision that would require interpretation of any ambiguities in this Agreement against any party that drafted or prepared it is of no application and is hereby expressly waived by each of the parties hereto, and any controversy over interpretations of this Agreement shall be decided without regards to events of drafting or preparation.

  • Language Construction The language in all parts of this Agreement shall be construed, in all cases, according to its fair meaning, and not for or against either party hereto. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement.

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