Common use of Costs Includable in TI Fund Clause in Contracts

Costs Includable in TI Fund. The TI Fund shall be used solely for the payment of design, permits, and construction costs in connection with the construction of the Tenant Improvements, including, without limitation, the cost to assess the vapor and moisture of the flooring of the 8000 VMR Premises and any necessary repairs thereto, the cost of electrical power and other utilities used in connection with the construction of the Tenant Improvements, the cost of preparing the space plans/test fits, TI Design Drawings, and the TI Construction Drawings, all costs set forth in the Budget, including Landlord’s Administrative Rent, the cost of Changes, demolition costs, “soft” costs for fees of architects and other professionals engaged in connection with the perform a nee of the Tenant Improvements, and equipment installed within the 8000 VMR Premises (which equipment shall be surrendered to Landlord at the expiration or earlier termination of the Term except for such equipment that Tenant has to the right to remove in accordance with the terms and conditions of Section 12 of the Lease), and built-in lockers and built-in file cabinets (collectively, “TI Costs”). Notwithstanding anything to the contrary contained herein but subject to the terms of the preceding sentence, the TI Fund shall not be used to purchase any furniture, personal property or other non-Building system [***] INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 UNDER THE SECURITIES ACT OF 1933, AS AMENDED. materials or equipment, including, but not be limited to, Tenant’s voice or data cabling, non-ducted biological safety cabinets and other scientific equipment not incorporated into the Tenant Improvements.

Costs Includable in TI Fund. The TI Fund shall be used solely for the payment of design, permits, permits and construction costs in connection with the construction of the Tenant Improvements, including, without limitation, a portion of the cost to assess (as designated in the vapor and moisture Budget) of the flooring construction and rating of the 8000 VMR Premises and any necessary repairs theretodemising walls shown as being provided by Tenant on Exhibit H of the Lease, the cost of electrical power and other utilities used in connection with the construction of the Tenant Improvements, the cost of preparing the space plans/test fits, TI Design Drawings, Space Plan and the TI Construction Drawings, all costs set forth in the Budget, including Landlord’s Administrative Rent, Landlord’s out-of-pocket expenses, costs resulting from Tenant Delays and the cost of Changes, demolition costs, “soft” costs for fees of architects and other professionals engaged in connection with the perform a nee of the Tenant Improvements, and equipment installed within the 8000 VMR Premises (which equipment shall be surrendered to Landlord at the expiration or earlier termination of the Term except for such equipment that Tenant has to the right to remove in accordance with the terms and conditions of Section 12 of the Lease), and built-in lockers and built-in file cabinets Changes (collectively, “TI Costs”). Notwithstanding anything to the contrary contained herein but subject to the terms of the preceding sentenceherein, the TI Fund shall not be used to purchase any furniture, personal property or other non-Building system [***] INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 UNDER THE SECURITIES ACT OF 1933, AS AMENDED. materials or equipment, including, but not be limited to, Tenant’s voice or data cabling, non-ducted biological safety cabinets and other scientific equipment not incorporated into the Tenant Improvements; provided, however, that if any portion of the TI Allowance remains unused after payment in full of the Tenant Improvements, Tenant may utilize such excess funds for the purchase and installation of furniture, installing Tenant’s name on the Monument Sign, Tenant’s voice or data cabling, non-ducted biological safety cabinets and other scientific equipment not incorporated into the Tenant Improvements and other items as reasonably approved by Landlord, which items shall be the property of Landlord and shall not be removed from the Premises by Tenant during the Term of the Lease or at the expiration or earlier termination of the Lease.

Costs Includable in TI Fund. The TI Fund shall be used solely for the payment of design, permits, permits and construction costs in connection with the construction of the Tenant Improvements, including, without limitation, the cost to assess the vapor and moisture of the flooring of the 8000 VMR Premises and any necessary repairs thereto, the cost of electrical power and other utilities used in connection with the construction of the Tenant Improvements, the cost of preparing the space plans/test fits, TI Design Drawings, Space Plans and the TI Construction Drawings, all costs set forth in the Budget, including Landlord’s Administrative Rent, Landlord’s out-of-pocket expenses, costs resulting from Tenant Delays and the cost of Changes, demolition costs, “soft” costs for fees of architects and other professionals engaged in connection with the perform a nee of the Tenant Improvements, and equipment installed within the 8000 VMR Premises (which equipment shall be surrendered to Landlord at the expiration or earlier termination of the Term except for such equipment that Tenant has to the right to remove in accordance with the terms and conditions of Section 12 of the Lease), and built-in lockers and built-in file cabinets Changes (collectively, “TI Costs”). Notwithstanding anything to the contrary contained herein but subject to the terms of the preceding sentenceherein, the TI Fund shall not be used to purchase any furniture, personal property or other non-Building system [***] INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 UNDER THE SECURITIES ACT OF 1933, AS AMENDED. materials or equipment, including, but not be limited to, Tenant’s voice or data cabling, non-ducted biological safety cabinets and other scientific equipment not incorporated into the Tenant Improvements. For the avoidance of doubt, TI Costs shall not include (i) the remediation of Hazardous Materials discovered in the Premises during the construction of Landlord’s Work requiring remediation, (ii) attorneys’ fees incurred by Landlord in connection with the negotiation of construction contracts for Landlord’s Work, or attorneys’ fees, experts’ fees and other costs incurred in connection with disputes with third parties in connection with Landlord’s Work, (iii) interest and other costs of financing to the cost of Landlord’s Work, (iv) the cost of delays in the construction of Landlord’s Work arising other than in connection with Changes or other Tenant Delays, or (v) the cost of repairing or restoring Landlord’s Work if Landlord’s Work is damaged prior to the Substantial Completion of Landlord’s Work as a result of a fire or other casualty.

Costs Includable in TI Fund. The TI Fund shall be used solely for the payment of design, permits, permits and construction costs in connection with the construction of the Tenant Improvements, including, without limitation, the cost to assess the vapor and moisture of the flooring of the 8000 VMR Premises and any necessary repairs thereto, the cost of electrical power and other utilities used in connection with the construction of the Tenant Improvements, the cost of preparing the space plans/test fits, TI Design Drawings, Space Plans and the TI Construction Drawings, all costs set forth in the Budget, including Landlord’s Administrative Rent, Landlord’s out-of-pocket expenses, costs resulting from Tenant Delays and the cost of Changes, demolition costs, “soft” costs for fees of architects and other professionals engaged in connection with the perform a nee of the Tenant Improvements, and equipment installed within the 8000 VMR Premises (which equipment shall be surrendered to Landlord at the expiration or earlier termination of the Term except for such equipment that Tenant has to the right to remove in accordance with the terms and conditions of Section 12 of the Lease), and built-in lockers and built-in file cabinets Changes (collectively, “TI Costs”). Notwithstanding anything to the contrary contained herein but subject to the terms of the preceding sentenceherein, the TI Fund shall not be used to purchase any furniture, personal property or other non-Building system [***] INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 UNDER THE SECURITIES ACT OF 1933, AS AMENDED. materials or equipment, including, but not be limited to, TenantTxxxxx’s voice or data cabling, non-ducted biological safety cabinets and other scientific equipment not incorporated into the Tenant Improvements. For the avoidance of doubt, TI Costs shall not include (i) the remediation of Hazardous Materials discovered in the Premises during the construction of Landlord’s Work requiring remediation, (ii) attorneys’ fees incurred by Landlord in connection with the negotiation of construction contracts for Landlord’s Work, or attorneys’ fees, experts’ fees and other costs incurred in connection with disputes with third parties in connection with Landlord’s Work, (iii) interest and other costs of financing to the cost of Landlord’s Work, (iv) the cost of delays in the construction of Landlord’s Work arising other than in connection with Changes or other Tenant Delays, or (v) the cost of repairing or restoring Landlord’s Work if Landlord’s Work is damaged prior to the Substantial Completion of Landlord’s Work as a result of a fire or other casualty.

Costs Includable in TI Fund. The TI Fund shall be used solely for the payment of design, permits, permits and construction costs in connection with the construction of the Tenant Improvements, including, without limitation, the cost to assess the vapor and moisture of the flooring of the 8000 VMR Premises and any necessary repairs thereto, the cost of electrical power and other utilities used in connection with the construction of the Tenant ImprovementsImprovements (with the cost of the electrical power and utilities being covered by the general conditions of the construction contract with the TI GC and allocated as set forth in Section 1(c)(iii) above), the cost of preparing the space plans/test fitsSpace Plan, TI Design Drawings, the Preliminary Drawings and the TI Construction Working Drawings, all other costs set forth in the Budget, including Landlord’s Administrative Rent, Landlord’s out-of-pocket expenses, costs resulting from Tenant Delays and the cost of Changes, demolition costs, “soft” Tenant’s signage costs for fees of architects and other professionals engaged in connection with the perform a nee of the Tenant Improvements, and equipment installed within the 8000 VMR Premises (which equipment shall be surrendered pursuant to Landlord at the expiration or earlier termination of the Term except for such equipment that Tenant has to the right to remove in accordance with the terms and conditions of Section 12 38(c) of the Lease), Tenant’s cost of permitting, design and installation of the Storage Area, and built-utilities required for a Hazardous Materials storage container therein (pursuant to Section 45(p) of the Lease) and any other costs subject to reimbursement out of the TI Allowance as set forth in lockers and built-this Work Letter or in file cabinets the Lease (collectively, “TI Costs”). As part of the costs covered by the Tenant Improvement Allowance, Tenant shall also be permitted to retain the services of an independent construction manager selected by Tenant and reasonably approved by Landlord to supervise the construction of the Tenant Improvements on behalf of Tenant. Landlord hereby consents to the hiring of Xxx Xxxxxxxx of Xxxxxxxx Assets. Notwithstanding anything to the contrary contained herein but subject to the terms of the preceding sentenceherein, the TI Fund shall not be used to purchase any furniture, personal property or other non-Building system [***] INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 UNDER THE SECURITIES ACT OF 1933, AS AMENDED. materials or equipment, including, but not be limited to, Tenant’s voice or data cabling, non-ducted biological safety cabinets and other scientific equipment equipment, which are not incorporated into the Tenant ImprovementsImprovements or the Budget. Notwithstanding anything to the contrary contained herein, if Landlord and Tenant mutually agree prior to the completion of the Preliminary Drawings to install a “chilled beam” HVAC system or a Solar Roof System serving the Building (either or both, the “Utility Savings Upgrades”), each of Landlord and Tenant shall be responsible for 50% of the cost of installing such Utility Savings Upgrades. Tenant may apply a portion of the TI Allowance to cover its portion of the costs of such Utility Savings Upgrades.