Common use of Costs of Tenant Improvements in Excess of Landlord's Maximum Contribution Clause in Contracts

Costs of Tenant Improvements in Excess of Landlord's Maximum Contribution. In advance of, and as a prerequisite to, Landlord’s commencing of construction of the Tenant Improvements, Tenant must deposit with Landlord cash covering any amount by which Landlord’s Preliminary Estimate exceeds an amount equal to $97.50 per rentable square foot of Expansion Space (i.e. $598,162.50, the total of Landlord’s Maximum Contribution and Landlord’s Additional Amortized tenant Allowance, as each is more fully defined below). Any such amount so paid shall be referred to as “Tenant’s Estimated Overage”. Failure by Tenant to make this payment within five (5) business days of receiving Landlord’s Preliminary Estimate shall constitute a Tenant Delay as defined in the Lease and in this Workletter. As soon as reasonably available after substantial completion of the Tenant Improvements, Landlord shall notify Tenant in writing of the costs, if any, of the Tenant Improvements in excess of the Landlord's Maximum Contribution (such notification shall be referred to as "Landlord's Actual Cost Statement"). Within five (5) business days after receipt of Landlord's Actual Cost Statement, Tenant shall give Landlord a good check made payable to the order of Landlord in the amount of the excess cost of the Tenant Improvements over the sum of: a) Landlord's Maximum Contribution, and b) Tenant’s Estimated Overage. Tenant can elect to have Landlord cover the first costs above Landlord’s Maximum Contribution up to a maximum amount equal to $10 per rentable square foot of Expansion Space, namely $61,350.00 (“Additional Amortized Tenant Improvement Allowance”). Any amount of such Additional Amortized Tenant Improvement Allowance will be amortized monthly over the four years following substantial completion of the Expansion Space at an annual interest rate of 9.5%. In such authorization, Tenant may, pursuant to the provisions of this Workletter, request a Change Order (defined below) to the approved Construction Drawings to reduce or delete all or part of such excess costs, but any delay in completion of the Premises resulting from such request for a Change Order or from the changes so made or necessitated shall be chargeable as Tenant Delay. If such written authorization and check (if applicable) are not received by Landlord, Landlord shall not be obligated to commence work on the Premises and any resulting delay in the completion of the Premises shall be chargeable against Tenant as Tenant delay as provided in Section 6 of this Workletter and in the Lease.

Costs of Tenant Improvements in Excess of Landlord's Maximum Contribution. In advance of, and as a prerequisite to, Landlord’s commencing of construction of the Tenant Improvements, Tenant must deposit with Landlord cash covering any amount by which Landlord’s Preliminary Estimate exceeds an amount equal to $97.50 per rentable square foot of Expansion Space (i.e. $598,162.50, the total of Landlord’s Maximum Contribution and Landlord’s Additional Amortized tenant Allowance, as each is more fully defined below). Any such amount so paid shall be referred to as “Tenant’s Estimated Overage”. Failure by Tenant to make this payment within five (5) business days of receiving Landlord’s Preliminary Estimate shall constitute a Tenant Delay as defined in the Lease and in this Workletter. As soon as reasonably available after substantial completion of the Tenant ImprovementsConstruction Drawings, Landlord shall notify Tenant in writing of the costs, if any, of the Tenant Improvements in excess of the Landlord's Maximum Contribution (such notification shall be referred to as "Landlord's Actual Cost Statement"). Within five (5) business days after receipt of Landlord's Actual Cost Statement, Tenant shall shall, in writing, give Landlord authorization to complete the Tenant Improvements in accordance with the Construction Drawing, and to the extent that there remain any costs of the Tenant Improvements in excess of the Landlord's Maximum Contribution, Tenant shall accompany said authorization with a good check made payable to the order of Landlord in the amount of the excess cost authorized by Tenant of the Tenant Improvements over the sum of: a) Landlord's Maximum Contribution, and b) Tenant’s Estimated Overage. Tenant can elect to have Landlord cover the first costs above Landlord’s Maximum Contribution up to a maximum amount equal to $10 per rentable square foot of Expansion Space, namely $61,350.00 (“Additional Amortized Tenant Improvement Allowance”). Any amount of such Additional Amortized Tenant Improvement Allowance will be amortized monthly over the four years following substantial completion of the Expansion Space at an annual interest rate of 9.5%. In such authorization, Tenant may, pursuant to the provisions of this WorkletterSection 4, request a Change Order (defined below) to the approved Construction Drawings to reduce or delete all or part of such excess costs, but any delay in completion of the Demised Premises resulting from such request for a Change Order or from the changes so made or necessitated shall be chargeable as Tenant DelayDelay as provided in Section 5. If such written authorization and check (if applicable) are not received by Landlord, Landlord shall not be obligated to commence work on the Demised Premises and any resulting delay in the completion of the Demised Premises shall be chargeable against Tenant as Tenant delay Delay as provided in Section 6 5 of this Workletter and in the LeaseWork Letter.

Costs of Tenant Improvements in Excess of Landlord's Maximum Contribution. In advance of, and as a prerequisite to, Landlord’s commencing of construction of the Tenant Improvements, Tenant must deposit with Landlord cash covering any amount by which Landlord’s Preliminary Estimate exceeds an amount equal to $97.50 per rentable square foot of Expansion Space (i.e. $598,162.50, the total of Landlord’s Maximum Contribution and Landlord’s Additional Amortized tenant Allowance, as each is more fully defined below). Any such amount so paid shall be referred to as “Tenant’s Estimated Overage”. Failure by Tenant to make this payment within five (5) business days of receiving Landlord’s Preliminary Estimate shall constitute a Tenant Delay as defined in the Lease and in this Workletter. As soon as reasonably available after substantial completion and approval by both parties of the Tenant ImprovementsConstruction Drawings, Landlord shall notify Tenant in writing of the costs, if any, of the Tenant Improvements in excess of the Landlord's ’s Maximum Contribution (such notification shall be referred to as "“Landlord's Actual ’s Cost Statement"”). Within five (5) business days after receipt of Landlord's Actual ’s Cost Statement, Tenant shall shall, in writing, give Landlord authorization to complete the Tenant Improvements in accordance with the Construction Drawings, and to the extent that there remain any costs of the Tenant Improvements in excess of the Landlord’s Maximum Contribution, Tenant shall accompany said authorization with a good check made payable to the order of Landlord in the amount of the excess cost authorized by Tenant of the Tenant Improvements over the sum of: a) Landlord's Maximum Contribution, and b) Tenant’s Estimated Overage. Tenant can elect to have Landlord cover the first costs above Landlord’s Maximum Contribution up to a maximum amount equal to $10 per rentable square foot of Expansion Space, namely $61,350.00 (“Additional Amortized Tenant Improvement Allowance”). Any amount of such Additional Amortized Tenant Improvement Allowance will be amortized monthly over the four years following substantial completion of the Expansion Space at an annual interest rate of 9.5%Contribution. In such authorization, Tenant may, pursuant to the provisions of this Workletter, request a Change Order (defined below) to the approved Construction Drawings to reduce or delete all or part of such excess costs, but any delay in completion of the Premises resulting from such request for a Change Order or from the changes so made or necessitated shall be chargeable as Tenant Delay. If such written authorization and check (if applicable) are not received by Landlord, Landlord shall not be obligated to commence work on the Premises and any resulting delay in the completion of the Premises shall be chargeable against Tenant as Tenant delay Delay as provided in Section 6 of this Workletter and in the Lease.

Costs of Tenant Improvements in Excess of Landlord's Maximum Contribution. In advance of, and as a prerequisite to, Landlord’s commencing of construction of the Tenant Improvements, Tenant must deposit with Landlord cash covering any amount by which Landlord’s Preliminary Estimate exceeds an amount equal to $97.50 per rentable square foot of Expansion Space (i.e. $598,162.50, the total of Landlord’s Maximum Contribution and Landlord’s Additional Amortized tenant Allowance, as each is more fully defined below). Any such amount so paid shall be referred to as “Tenant’s Estimated Overage”. Failure by Tenant to make this payment within five (5) business days of receiving Landlord’s Preliminary Estimate shall constitute a Tenant Delay as defined in the Lease and in this Workletter. As soon as reasonably available after substantial completion and approval by both parties of the Tenant ImprovementsConstruction Drawings, Landlord shall notify Tenant in writing of the costs, if any, of the Tenant Improvements in excess of the Landlord's Maximum Base Contribution (such notification shall be referred to as "Landlord's Actual Cost Statement"). Within five (5) business days after receipt of Landlord's Actual Cost Statement, Tenant shall, in writing, give Landlord authorization to complete the Tenant Improvements in accordance with the Construction Drawings, and to the extent that there remain any costs of the Tenant Improvements in excess of the Landlord's Base Contribution, up to the amount set forth in Landlord's Cost Statement, Tenant shall give Landlord a good check made payable be responsible to the order of Landlord in the amount of the excess cost of the Tenant Improvements over the sum of: a) Landlord's Maximum Contribution, pay for such costs as and b) Tenant’s Estimated Overage. Tenant can elect to have Landlord cover the first when such costs above Landlord’s Maximum Contribution up to a maximum amount equal to $10 per rentable square foot of Expansion Space, namely $61,350.00 (“Additional Amortized Tenant Improvement Allowance”). Any amount of such Additional Amortized Tenant Improvement Allowance will be amortized monthly over the four years following substantial completion of the Expansion Space at an annual interest rate of 9.5%become due and payable. In such authorization, Tenant may, pursuant to the provisions of this Workletter, request a Change Order (defined below) to the approved Construction Drawings to reduce or delete all or part of such excess costs, but any delay in completion of the Premises resulting from such request for a Change Order or from the changes so made or necessitated shall be chargeable as Tenant Delay. If such written authorization and check (if applicable) are is not received by Landlord, Landlord shall not be obligated to commence work on the Premises and any resulting delay in the completion of the Premises shall be chargeable against Tenant as Tenant delay as provided in Section 6 of this Workletter and in the Lease.

Costs of Tenant Improvements in Excess of Landlord's Maximum Contribution. In advance of, and as a prerequisite to, Landlord’s commencing of construction of the Tenant Improvements, Tenant must deposit with Landlord cash covering any amount by which Landlord’s Preliminary Estimate exceeds an amount equal to $97.50 per rentable square foot of Expansion Space (i.e. $598,162.50, the total of Landlord’s Maximum Contribution and Landlord’s Additional Amortized tenant Allowance, as each is more fully defined below). Any such amount so paid shall be referred to as “Tenant’s Estimated Overage”. Failure by Tenant to make this payment within five (5) business days of receiving Landlord’s Preliminary Estimate shall constitute a Tenant Delay as defined in the Lease and in this Workletter. As soon as reasonably available after substantial completion of the Tenant ImprovementsConstruction Drawings, Landlord shall notify Tenant in writing of the costs, if any, costs of the Tenant Improvements in excess of the Landlord's Maximum Contribution (such notification shall be referred to as "Landlord's Actual Cost Statement"). Within five (5) business days after receipt of Landlord's Actual Cost Statement, Tenant shall shall, in writing, give Landlord authorization to complete the Tenant Improvements in accordance with the Construction Drawings and Tenant shall accompany said authorization with a good check made payable to the order of Landlord in the amount of the excess cost authorized by Tenant of the Tenant Improvements over the sum of: a) Landlord's Maximum Contribution, and b) Tenant’s Estimated Overage. Tenant can elect to have Landlord cover the first costs above Landlord’s Maximum Contribution up to a maximum amount equal to $10 per rentable square foot of Expansion Space, namely $61,350.00 (“Additional Amortized Tenant Improvement Allowance”). Any amount of such Additional Amortized Tenant Improvement Allowance will be amortized monthly over the four years following substantial completion of the Expansion Space at an annual interest rate of 9.5%. In such authorization, Tenant may, pursuant to the provisions of this WorkletterSection 4, request a Change Order (defined below) to the approved Construction Drawings to reduce or delete all or part of such excess costs, but any delay in completion of the Premises resulting from such request for a Change Order or from the changes so made or necessitated shall be chargeable as Tenant DelayDelay as provided in Section 5. If such written authorization and check (if applicable) are not received by Landlord, Landlord shall not be obligated to commence work on the Premises and any resulting delay in the completion of the Premises shall be chargeable against Tenant as Tenant delay Delay as provided in Section 6 5 of this Workletter Work Letter. Additionally, and regardless of whether the cost of the Tenant Improvements exceeds Landlord's Maximum Contribution, the acquisition and installation of conductive floor tile as part of the Tenant Improvements shall be made at Tenant's sole cost and expense. Notwithstanding any contrary implication or expression in the Lease, such conductive floor tile shall be and remain throughout the Term of the Lease and thereafter Tenant's personal property, and Tenant may remove the same upon the expiration or earlier termination of the Lease.