Disbursement of the Allowance. Except as otherwise provided in this Suite 585 Work Letter, the Allowance shall be disbursed by Landlord only for the following items (for purposes of this Exhibit B, the “Allowance Items”): (a) [Intentionally Omitted]; (b) plan-check, permit and license fees relating to performance of the Tenant Improvement Work; (c) the cost of performing the Tenant Improvement Work, including after-hours charges, testing and inspection costs, freight elevator usage, hoisting and trash removal costs, and contractors’ fees and general conditions; (d) the cost of any change to the base, shell or core of the Premises or Building required by the Work List (defined in Section 2.1 below) (including if such change is due to the fact that such work is prepared on an unoccupied basis), including all direct architectural and/or engineering fees and expenses incurred in connection therewith; (e) the cost of any change to the Work List or Tenant Improvement Work required by Law; (f) [intentionally omitted]; (g) sales and use taxes; and (h) all other costs expended by Landlord in connection with the performance of the Tenant Improvement Work.
Disbursement of the Allowance. Provided Tenant is not in default following the giving of notice and passage of any applicable cure period under the Lease or this Work Letter Agreement, Landlord shall disburse the Allowance to Tenant to reimburse Tenant for the actual construction costs which Tenant incurs in connection with the construction of the Tenant Improvements in accordance with the following:
Disbursement of the Allowance. During the design and construction of the Improvements, Tenant may request and Landlord shall make monthly disbursements of the Allowance and the Space Planning Allowance for the Allowance Items for the benefit of Tenant and shall authorize the release of monies for the benefit of Tenant as follows:
Disbursement of the Allowance. Except as otherwise provided in this Work Letter, the Allowance shall be disbursed by Landlord only for the following items (the “Allowance Items”): (a) the fees of the Architect (defined in Section 2.1 below), (b) any fees reasonably incurred by Landlord for review of the Space Plans (defined below) and the Architectural Plans (defined below) by Landlord’s third party consultants (which fees shall not exceed $15,000.00); (c) the cost of preparing the Engineering Drawings (defined below); (d) plan-check, permit and license fees relating to performance of the Tenant Improvement Work; (e) the cost of performing the Tenant Improvement Work, including after hours charges, testing and inspection costs, hoisting and trash removal costs, and contractors’ fees and general conditions; (f) the cost of any change to the base, shell or core of the Premises or Building required by the Plans (defined below) (including if such change is due to the fact that such work is prepared on an unoccupied basis), including all direct architectural and/or engineering fees and expenses incurred in connection therewith; (g) the cost of any change to the Plans or Tenant Improvement Work required by Law; (h) the Landlord Supervision Fee (defined below); (i) sales and use taxes; and (j) all other costs expended by Landlord in connection with the performance of the Tenant Improvement Work.
Disbursement of the Allowance. Provided Tenant is not in default following the giving of notice and passage of any applicable cure period under the Lease or this Work Letter, Landlord shall disburse the Allowance to Tenant to reimburse Tenant for the actual construction costs which Tenant incurs in connection with the construction of the Tenant Improvements on a monthly basis as to the portion of the Tenant’s Work completed and for which Evidence of Completion and Payment has been received by Landlord. The appropriate portion of the Allowance shall be disbursed to Tenant only within fifteen (15) days after the satisfaction of the following conditions to disbursement (the “Evidence of Completion and Payment”):
Disbursement of the Allowance. Provided Tenant is not then in default under any term or condition of the Lease or this Work Letter beyond any applicable notice and cure period and the Lease is in full force and effect, Landlord shall pay the Tenant Allowance within thirty (30) days after the later of Tenant having (i) commenced the conduct of business in the Leased Premises and (ii) supplied Landlord with (1) a written request for payment of the Tenant Allowance that includes a description of all such work completed, confirming that the Tenant’s Work complies with the plans and specifications approved by Landlord, and documenting the costs incurred in the performance of Xxxxxx’s Work; and (2) a sworn statement and lien waiver from the Contractor documenting that all contractors, subcontractors, material suppliers, and laborers utilized in connection with the Tenant’s Work have been paid in full.
Disbursement of the Allowance. After Tenant has accepted all bids for the Tenant Improvements, Tenant shall provide Landlord with a written detailed cost breakdown (the “Final Costs Statement”), by trade, of the final costs to be incurred, or which have been incurred, in connection with the design and construction of the Tenant Improvements to be performed by or at the direction of Tenant or the Contractor which costs form a basis for the amount of the Construction Contract, if any (the “Final Costs”). For purposes hereof, any excess of the amount of the Final Costs over and above the remaining unexpended funds in the Allowance is referred to as the “Excess Costs”. Tenant shall from time to time make payments to the Architect, the Engineer and the Contractor until the full amount of the Excess Costs, if any, have been paid by Tenant. Thereafter, on or before the twentieth (20th) day of each calendar month during the construction of the Tenant Improvements, Tenant shall deliver to Landlord the following items (collectively, the “Payment Request Materials”): (i) a request for payment of the Tenant’s Contractor showing the schedule, by trade, of percentage of completion of the Tenant Improvements in the Premises, detailing the portion of the Tenant’s Work completed and the portion not completed; (ii) invoices from the Tenant’s Contractor for labor rendered and materials delivered to the Premises; (iii) a general contractor’s affidavit and lien waiver, executed by Tenant’s Contractor releasing all liens against the Project for work previously performed and stating that all subcontractors, laborers and material suppliers engaged in or supplying materials for the work have been paid in full; (iv) subcontractors lien waivers releasing all liens against the Project for work previously performed and executed by all subcontractors and materialmen who have furnished labor and/or material for Tenant’s Work; (v) a certificate for payment, executed by Tenant’s Architect, for such amount as Tenant’s Architect determines is properly due, verifying and confirming the statements made in the Tenant’s Contractor’s request for payment and certifying that the Tenant’s Work has progressed to the point indicated in the Tenant’s Contractor’s request for payment and certifying that all portions of the Tenant’s Work which have been completed are in conformance with the Final Plans and this Exhibit B. If full and complete Payment Request Materials are received by Landlord on or before the twentieth (20th) day of a...
Disbursement of the Allowance. Landlord shall disburse the Tenant Finish Allowance to Tenant for the actual construction costs which Tenant incurs in connection with the construction of the Tenant Finish Work in one lump sum (provided, however that Landlord may elect to pay the Tenant Finish Allowance directly to Tenant’s contractor for the construction of the Tenant Finish Work (“Tenant’s Contractor”)) and in accordance with this Work Letter. Upon completion of the Tenant Finish Work, Tenant shall submit “Evidence of Completion and Payment” (hereafter defined) to Landlord. As used herein, the “Evidence of Completion and Payment” shall mean:
Disbursement of the Allowance. Provided Tenant is not in default under Section 19.1 of the Lease Landlord shall disburse the Allowance to Tenant to reimburse Tenant for the actual construction costs which Tenant incurs in connection with the construction of the Tenant Improvements in accordance with the following:
Disbursement of the Allowance. Landlord shall disburse the Allowance to Tenant or to Tenant’s contractor and other third parties entitled to payment under contract with Tenant or Tenant’s contract for the actual construction costs for the Tenant Improvements in accordance with the following:
