Disbursement of the Tenant Improvement Allowance. Except as otherwise set forth in this Work Letter, the Tenant Improvement Allowance shall be disbursed by Landlord (each of which disbursements shall be made pursuant to Landlord’s disbursement process, which disbursement process shall require the Architect to make field verifications and written certifications as required by Landlord in connection with Landlord’s disbursements to Contractor (as defined below)) only for the following items and costs (collectively the “Tenant Improvement Allowance Items”): (a) Payment of (i) the fees of the Architect and the Engineers (as defined below), (ii) charges for Landlord’s construction consultant and Building engineer, and (iii) the fees incurred by, and the cost of documents and materials supplied by, Landlord and Landlord’s consultants in connection with the preparation and review of the Construction Drawings (as defined below); (b) The payment of plan check, permit and license fees relating to construction of the Tenant Improvements; (c) The cost of construction of the Tenant Improvements, including, without limitation, any cost of after-hours freight elevator usage; (d) The cost of any changes in the Base, Shell, and Core when such changes are required by the Construction Drawings, such cost to include all direct architectural and/or engineering fees and expenses incurred in connection therewith; (e) The cost of any changes to the Construction Drawings or Tenant Improvements required by applicable laws and building codes (collectively, “Code”); (f) Sales and use taxes; and (g) All other costs to be expended by Landlord in connection with the construction of the Tenant Improvements. In no event shall the Tenant Improvement Allowance Items include any costs of procuring or installing in the Premises any trade fixtures, equipment, furniture, furniture partitions or systems, furnishings, telephone, telecommunications, data and security wiring, cabling and equipment, or other personal property (“Personal Property”) to be used in the Premises by Tenant, and the cost of such Personal Property shall be paid by Tenant.
Appears in 3 contracts
Samples: Triple Net Lease (GOOD TECHNOLOGY Corp), Triple Net Lease (GOOD TECHNOLOGY Corp), Triple Net Lease (GOOD TECHNOLOGY Corp)
Disbursement of the Tenant Improvement Allowance. Except as otherwise set forth in this Tenant Work Letter, the Tenant Improvement Allowance shall be disbursed by Landlord (each of which disbursements disbursement shall be made pursuant to Landlord’s standard disbursement process), which disbursement process shall require the Architect to make field verifications and written certifications as required by Landlord in connection with Landlord’s disbursements to Contractor (as defined below)) only for the following items and costs (collectively collectively, the “Tenant Improvement Allowance Items”):
(a) 2.2.1 Payment of (i) the fees of design professionals, including without limitation the Architect “Architect” and the Engineers (“Engineers,” as those terms are defined below), (ii) charges for Landlord’s construction consultant and Building engineerin Section 3.1 of this Tenant Work Letter, and (iii) payment of the fees incurred by, and the cost of documents and materials supplied by, Landlord and Landlord’s consultants in connection with the preparation and review of the “Construction Drawings (Drawings,” as that term is defined below)in Section 3.1 of this Tenant Work Letter;
(b) 2.2.2 The payment of costs for obtaining permits and approvals for the Tenant Improvements from the City of Redwood City or other jurisdictions having authority over the Tenant Improvements, if any, including without limitation application fees, staff time deposits, plan check, inspection, permit and license fees relating to construction of the Tenant Improvements;
(c) 2.2.3 The cost of construction of the Tenant Improvements, including, without limitation, any cost materials, labor, contractors’ fees and general conditions, testing and inspection costs, costs of after-hours freight elevator usageutilities, trash removal, parking and hoists;
(d) 2.2.4 The cost of any changes in the Base, Shell, Shell and Core when such changes are required by the Construction DrawingsDrawings (including if such changes are due to the fact that such work is prepared on an unoccupied basis), such cost to include all direct architectural and/or engineering fees and expenses incurred in connection therewith;
(e) 2.2.5 The cost of any changes to the Construction Drawings or Tenant Improvements required by applicable laws and building codes (collectively, “Code”)any Applicable Laws;
(f) 2.2.6 Sales and use taxestaxes and Title 24 fees;
2.2.7 “Landlord’s Supervision Fee,” as that term is defined in Section 4.3.2 of this Tenant Work Letter; and
(g) 2.2.8 All other costs to be expended by Landlord in connection with the construction of the Tenant Improvements. In no event shall the Tenant Improvement Allowance Items include any costs of procuring or installing in the Premises any trade fixtures, equipment, furniture, furniture partitions or systems, furnishings, telephone, telecommunications, data and security wiring, cabling and equipment, or other personal property (“Personal Property”) to be used in the Premises by Tenant, and the cost of such Personal Property shall be paid by TenantImprovements as provided herein.
Appears in 2 contracts
Samples: Lease Agreement (Talend SA), Lease Agreement (Talend SA)
Disbursement of the Tenant Improvement Allowance. Except as otherwise set forth in this Work Letter, During the Tenant Improvement Allowance shall be disbursed by Landlord (each of which disbursements shall be made pursuant to Landlord’s disbursement process, which disbursement process shall require the Architect to make field verifications design and written certifications as required by Landlord in connection with Landlord’s disbursements to Contractor (as defined below)) only for the following items and costs (collectively the “Tenant Improvement Allowance Items”):
(a) Payment of (i) the fees of the Architect and the Engineers (as defined below), (ii) charges for Landlord’s construction consultant and Building engineer, and (iii) the fees incurred by, and the cost of documents and materials supplied by, Landlord and Landlord’s consultants in connection with the preparation and review of the Construction Drawings (as defined below);
(b) The payment of plan check, permit and license fees relating to construction of the Tenant Improvements;
(c) The cost of construction of the Tenant Improvements, includingLandlord shall make monthly disbursements of the Tenant Improvement Allowance for Tenant Improvement Allowance Items for the benefit of Tenant and shall authorize the release of monies for the benefit of Tenant pursuant to the disbursement process set forth below. On or before the twenty-fifth (25th) day of each month (a ”Submittal Date”), without limitationTenant shall deliver to Landlord: (i) an application and certification (the ”Payment Application”) for payment of the “Contractor,” as that term is defined in Section 4.1 of this Work Letter (or for reimbursement to Tenant if Tenant has already paid the Contractor or other person or entity entitled to payment) or Tenant, any cost as applicable, showing the schedule, by trade of after-hours freight elevator usage;
(d) The cost percentage of any changes completion of the Tenant Improvements in the BasePremises, Shelldetailing the portion of the work completed and the portion not completed; (ii) appropriate executed progress mechanics’ lien releases which comply with the applicable provisions of California Civil Code Section 8132, and Core when such changes are required by the Construction Drawings, such cost unconditional releases (with respect to include all direct architectural and/or engineering fees payments previously made); and expenses incurred (iii) invoices for non-Contractor payments and other information and documentation reasonably requested in connection therewith;
(e) The cost of any changes to the Construction Drawings or Tenant Improvements required by applicable laws and building codes (collectively, “Code”);
(f) Sales and use taxes; and
(g) All other costs to be expended good faith by Landlord in connection with or Landlord’s lender. If Tenant does not elect the construction above–referenced one installment payment upon the completion of the Tenant Improvements. In no event , on or before the date occurring thirty (30) days after the Submittal Date, and assuming Landlord receives all of the information described in items (i) through (iii), above, Landlord shall deliver a check to Tenant made payable to Tenant or if Tenant elects, to the Contractor, subcontractor, Architect, Engineer or consultant designated by Tenant for payment, up to the amount of the Tenant Improvement Allowance Items include any costs Allowance, in an amount equal to Landlord’s Share of procuring or installing in the Premises any trade fixturesapplicable Payment Application. Notwithstanding the foregoing, equipment, furniture, furniture partitions or systems, furnishings, telephone, telecommunications, data and security wiring, cabling and equipment, or other personal property (“Personal Property”) with respect to be used in the Premises by Tenant, and the cost of such Personal Property shall be paid by Tenant.those
Appears in 2 contracts
Samples: Triple Net Space Lease (Cloudera, Inc.), Triple Net Space Lease (Cloudera, Inc.)
Disbursement of the Tenant Improvement Allowance. Except as otherwise ------------------------------------------------ set forth in this Tenant Work Letter, the Tenant Improvement Allowance shall be disbursed by Landlord (each of which disbursements shall be made pursuant to Landlord’s 's disbursement process, which disbursement process shall require the Architect to make field verifications and written certifications as required by Landlord in connection with Landlord’s disbursements to Contractor (as defined below)) only for the following items and costs (collectively collectively, the “"Tenant Improvement Allowance Items”"):
(a) 2.2.1 Payment of (i) the fees of the Architect "Architect" and the Engineers ("Engineers," as those terms are defined below)in Sections 3.1 of this Tenant Work Letter, (ii) charges for Landlord’s construction consultant and Building engineerwhich payment shall, notwithstanding anything to the contrary contained in this Tenant Work Letter, not exceed an aggregate amount equal to $6.50 per usable square foot of the Premises, and (iii) payment of the fees incurred by, and the cost of documents and materials supplied by, Landlord and Landlord’s 's consultants in connection with the preparation and review of the "Construction Drawings (Drawings," as that term is defined below)in Section 3.1 of this Tenant Work Letter;
(b) 2.2.2 The payment of plan check, permit and license fees relating to construction of the Tenant Improvements;
(c) 2.2.3 The cost of construction of the Tenant Improvements, including, without limitation, any cost of after-hours testing and inspection costs, freight elevator usage, hoisting and trash removal costs, and contractors' fees and general conditions;
(d) 2.2.4 The cost of any changes in the Base, Shell, Shell and Core work when such changes are required by the Construction DrawingsDrawings (including if such changes are due to the fact that such work is prepared on an unoccupied basis), such cost to include all direct architectural and/or engineering fees and expenses incurred in connection therewith;
(e) 2.2.5 The cost of any changes to the Construction Drawings or Drawings, Tenant Improvements or Landlord's Work required by applicable laws and building codes (collectively, “Code”);
(f) 2.2.6 Sales and use taxestaxes and Title 24 fees;
2.2.7 Landlord's Supervision Fee", as that term is defined in Section 4.3.2 of this Tenant Work Letter; and
(g) 2.2.8 All other costs to be reasonably expended by Landlord in connection with the construction of the Tenant Improvements. In no event shall the Tenant Improvement Allowance Items include any costs of procuring or installing in the Premises any trade fixtures, equipment, furniture, furniture partitions or systems, furnishings, telephone, telecommunications, data and security wiring, cabling and equipment, or other personal property (“Personal Property”) to be used in the Premises by Tenant, and the cost of such Personal Property shall be paid by Tenant.
Appears in 2 contracts
Samples: Office Lease (Entravision Communications Corp), Office Lease (Entravision Communications Corp)
Disbursement of the Tenant Improvement Allowance. Except as otherwise set forth in this Tenant Work Letter, the Tenant Improvement Allowance shall be disbursed by Landlord (each of which disbursements shall be made pursuant to Landlord’s 's disbursement process, which disbursement process shall require the Architect to make field verifications and written certifications as required by Landlord in connection with Landlord’s disbursements to Contractor (as defined below)) only for the following items and costs (collectively collectively, the “"Tenant Improvement Allowance Items”"):
(a) 2.2.1 Payment of (i) the fees of the Architect "Architect" and the Engineers ("Engineers," as those terms are defined below)in Section 3.1 of this Tenant Work Letter, (ii) charges for Landlord’s construction consultant and Building engineerwhich fees shall, notwithstanding anything to the contrary contained in this Tenant Work Letter, not exceed an aggregate amount equal to $2.00 per rentable square foot of the Premises, and (iii) payment of the fees incurred by, and the cost of documents and materials supplied by, Landlord and Landlord’s 's consultants in connection with the preparation and review of the "Construction Drawings (Drawings," as that term is defined below)in Section 3.1 of this Tenant Work Letter;
(b) 2.2.2 The payment of plan check, permit and license fees relating to construction of the Tenant Improvements;
(c) 2.2.3 The cost of construction of the Tenant Improvements, including, without limitation, any cost of after-hours testing and inspection costs, freight elevator usage, hoisting and trash removal costs, and contractors' fees and general conditions;
(d) 2.2.4 The cost of any changes in the Base, Shell, Shell and Core when such changes are required by the Construction DrawingsDrawings (including if such changes are due to the fact that such work is prepared on an unoccupied basis), such cost to include all direct architectural and/or engineering fees and expenses incurred in connection therewith;
(e) 2.2.5 The cost of any changes to the Construction Drawings or Tenant Improvements required by all applicable laws and building codes (collectively, “the "Code”");
(f) Sales and use taxes; and
(g) All other costs to be expended by Landlord in 2.2.6 The cost of connection with the construction of the Tenant Improvements. In no event shall Premises to the Tenant Improvement Allowance Items include any costs of procuring or installing in the Premises any trade fixtures, equipment, furniture, furniture partitions or Building's energy management systems, furnishings, telephone, telecommunications, data and security wiring, cabling and equipment, or other personal property (“Personal Property”) to be used in the Premises by Tenant, and the cost of such Personal Property shall be paid by Tenant.
Appears in 2 contracts
Samples: Office Lease (Giga Tronics Inc), Office Lease (Giga Tronics Inc)
Disbursement of the Tenant Improvement Allowance. Except as otherwise set forth in this Tenant Work Letter, the Tenant Improvement Allowance shall be disbursed by Landlord (each of which disbursements disbursement shall be made pursuant to Landlord’s standard disbursement process), which disbursement process shall require the Architect to make field verifications and written certifications as required by Landlord in connection with Landlord’s disbursements to Contractor (as defined below)) only for the following items and costs (collectively collectively, the “Tenant Improvement Allowance Items”):
(a) 2.2.1 Payment of (i) the fees of the Architect and the Engineers (as such terms are defined below), provided, however, that only an amount not to exceed Ten Dollars (ii$10.00) charges per rentable square foot of the Premises (i.e., up to One Hundred Ten Thousand Five Hundred Ninety Dollars ($110,590.00) based on 11,059 rentable square feet of the Premises) may be deducted from the Tenant Improvement Allowance to pay for Landlord’s construction consultant and Building engineersuch fees, and (iiiii) the fees incurred by, and the cost of documents and materials supplied by, Landlord and Landlord’s consultants in connection with the preparation and review of the Construction Drawings (as defined below);
(b) 2.2.2 The payment of plan check, permit and license fees relating to construction of the Tenant Improvements;
(c) 2.2.3 The cost of construction of the Tenant Improvements, including, without limitation, any cost contractors’ fees and general conditions, testing and inspection costs, costs of utilities, trash removal, parking and hoists, and the costs of after-hours freight elevator usage;
(d) 2.2.4 The cost of any changes in the Base, Shell, Shell and Core when such changes are required by the Construction DrawingsDrawings (including if such changes are due to the fact that such work is prepared on an unoccupied basis), such cost to include all direct architectural and/or engineering fees and expenses incurred in connection therewith;; EXHIBIT B - 1 - [4000 SHORELINE] [Tizona Therapeutics, Inc.]
(e) 2.2.5 The cost of any changes to the Construction Drawings or Tenant Improvements required by Code or any other applicable laws and building codes (collectively, “Code”)laws;
(f) 2.2.6 Sales and use taxestaxes and Title 24 fees;
2.2.7 The Landlord Supervision Fee (as defined below); and
(g) All 2.2.8 all other costs to be expended by Landlord in connection with the design and construction of the Tenant Improvements. In no event shall the Tenant Improvement Allowance Items include any costs of procuring or installing in the Premises any trade fixtures, equipment, furniture, furniture partitions or systems, furnishings, telephone, telecommunications, data and security wiring, cabling and equipment, or other personal property (“Personal Property”) to be used in the Premises by Tenant, and the cost of such Personal Property shall be paid by Tenant.
Appears in 2 contracts
Samples: Lease Agreement (Harpoon Therapeutics, Inc.), Lease (Harpoon Therapeutics, Inc.)
Disbursement of the Tenant Improvement Allowance. Except as otherwise set forth in this Tenant Work Letter, the Tenant Improvement Allowance allowances set forth in Section 2.1 (collectively, the “Allowances”) shall be disbursed by Landlord (each of which disbursements shall be made pursuant to Landlord’s reasonable disbursement process, which disbursement process shall require ) for costs related to the Architect to make field verifications construction of the Tenant Improvements and written certifications as required by Landlord in connection with Landlord’s disbursements to Contractor (as defined below)) only for the following items and costs (collectively collectively, the “Tenant Improvement Allowance Items”):
(a) Payment of ): (i) payment of the fees of the Architect and the Engineers (“Architect”, as that term is defined below), (ii) charges for Landlord’s construction consultant and Building engineerin Section 3.1 of this Tenant Work Letter, and (iii) payment of the fees incurred by, and the cost of documents and materials supplied by, Landlord and Landlord’s consultants in connection with the preparation and review of the “Construction Drawings (Drawings,” as that term is defined below);
(b) The payment in Section 3.1 of plan check, permit and license fees relating to construction of the this Tenant Improvements;
(c) The cost of construction of the Tenant ImprovementsWork Letter, including, without limitation, the “Systems Plans,” as that term is defined in Section 3.4.2 of this Tenant Work Letter (provided that such fees of Landlord and its consultants shall not exceed $7,500.00 in the aggregate), (ii) costs incurred in obtaining any cost of after-hours freight elevator usage;
permits required in connection with the Tenant Improvements, (diii) The the cost of any changes in the Base, Shell, Shell and Core when such changes are required by the Construction Drawings, such cost to include all direct architectural and/or engineering fees and expenses incurred in connection therewith;
; (eiv) The the cost of any changes to the Construction Drawings or Tenant Improvements required by all applicable laws and building codes (collectively, the “Code”);
; (fv) Sales and use taxes; and
(g) All other as to Tenant for costs to be expended by Landlord in connection with Tenant as to which Tenant is entitled to reimbursement under Section 2.1 (the construction “Tenant Reimbursement Payments”). Any Tenant Reimbursement Payments shall be made to Tenant within thirty (30) days after Tenant’s delivery of the Tenant Improvements. In no event shall the Tenant Improvement Allowance Items include any costs of procuring or installing in the Premises any trade fixtures, equipment, furniture, furniture partitions or systems, furnishings, telephone, telecommunications, data and security wiring, cabling and equipmentapplicable invoices marked paid, or other personal property reasonable evidence of payment, together with any applicable lien releases; (vi) the “Personal Property”Landlord Supervision Fee,” as that term is defined in Section 4.3.2 of this Tenant Work Letter; and (vi) to be used in a portion of the Premises costs of the tenant demising walls and public corridor walls and materials, if any, as designated by Tenant, and the cost of such Personal Property shall be paid by TenantLandlord.
Appears in 2 contracts
Samples: Office Lease (Apptio Inc), Office Lease (Apptio Inc)
Disbursement of the Tenant Improvement Allowance. Except as otherwise ------------------------------------------------ set forth in this Tenant Work Letter, the Tenant Improvement Allowance shall be disbursed by Landlord (each of which disbursements shall be made pursuant to Landlord’s disbursement process, which disbursement process shall require the Architect to make field verifications and written certifications as required by Landlord in connection with Landlord’s disbursements to Contractor (as defined below)) only for the following items and costs and in the order provided below (collectively collectively, the “"Tenant Improvement Allowance Items”"):
2.2.1 the cost of engineering, acquiring, and installing Tenant's Generator Fuel Tank and connecting equipment thereto (a) Payment of (i) the fees to be installed pursuant to Section 22.1.4 of the Architect Lease);
2.2.2 the cost of engineering, acquisition and installation of the Engineers Roof Systems Support Pad (as defined belowin Section 2.4 hereinbelow), (ii) charges for Landlord’s construction consultant ; -----------------------
2.2.3 any and Building engineer, and (iii) all seismic or structural support added to the fees incurred by, and the cost of documents and materials supplied by, Project by Landlord and Landlord’s consultants in connection with the preparation and review as a result of the Construction Drawings (as defined below)installation of the Roof Systems Support Pad;
(b) The 2.2.5 the payment of plan check, permit and license fees relating to construction of the Tenant Improvements;
(c) The 2.2.6 the cost of construction of the Tenant Improvements, including, without limitation, any cost of afterlabor and materials contractors' fees and general conditions, testing and inspection costs, and costs of trash removal and hoists (but during the construction of the Tenant Improvements and Tenant's initial move-hours in to the Premises, Tenant shall not be charged for the use of any utilities, or for use of the freight elevator usageelevators);
(d) The 2.2.7 the cost of any changes in the Base, Shell, Shell and Core when such changes are required by the Construction Drawings, except to the extent such changes constitute Compliance Work which is Landlord's responsibility to perform pursuant to Section 1 above; such cost to include all direct architectural and/or -------- engineering fees and expenses incurred in connection therewith;
(e) The 2.2.8 the cost of any changes to the Construction Drawings or Tenant Improvements required by applicable laws and building codes (collectively, “"Code”");
(f) Sales 2.2.9 sales and use taxes; andtaxes and Title 24 fees;
(g) All 2.2.10 all other costs to be expended by Landlord Tenant in connection with the construction of the Tenant Improvements. In no event shall the Tenant Improvement Allowance Items include Improvements such as, but not limited to demolition of any costs of procuring or installing existing improvements so designated for demolition in the Premises any trade fixturesPremises, equipment, furniture, furniture partitions or systems, furnishings, telephone, telecommunications, data and security wiring, cabling and equipment, or other personal property (“Personal Property”) to be used in the Premises by Tenantconstruction management fees, and the cost of such Personal Property shall be paid by Tenant.voice and data cabling; and
Appears in 2 contracts
Samples: Telecommunications Office Lease (Equinix Inc), Telecommunications Office Lease (Equinix Inc)
Disbursement of the Tenant Improvement Allowance. Except as otherwise set forth in this Work Letter, the The Tenant Improvement Allowance shall be disbursed by Landlord (each of which disbursements shall be made pursuant to Landlord’s disbursement process, which disbursement process shall require the Architect to make field verifications and written certifications as required by Landlord in connection with Landlord’s disbursements to Contractor (as defined below)) only for the following items and costs (collectively the “Tenant Improvement Allowance Items”):
(a) 2.1 Payment of (i) the fees of consultants retained in connection with the Architect design, engineering and construction of the Engineers (as defined below)Tenant Improvements, (ii) charges for Landlord’s the payment of plan check, permit and license fees relating to construction consultant of the Tenant Improvements and Building engineerother permitting costs, and (iii) any other reasonable hard or soft costs related to the design, engineering and construction of the Tenant Improvements;
2.2 Payment of the reasonable fees incurred by, and the cost of documents and materials supplied by, Landlord and Landlord’s consultants in connection with the preparation and review of the Construction Drawings (as defined below);
(b) The payment of plan check, permit and license fees relating to construction of the Tenant Improvements;
(c) 2.3 The cost of construction of the Tenant Improvements, including, without limitation, any cost of after-hours freight elevator usagecontractors’ fees and general conditions;
(d) 2.4 The cost of any changes in the Base, Shell, and Core Base Building when such changes are required by the Construction Drawings, such cost to include all direct architectural and/or engineering fees and expenses incurred in connection therewith;
(e) 2.5 The cost of any changes to the Construction Drawings or Tenant Improvements required by applicable laws and building codes (collectively, “Code”);
(f) Sales and use taxesApplicable Laws; and
(g) All other costs to 2.6 The cost of any Landlord-approved Tenant change items. For avoidance of doubt, Tenant shall not be expended by responsible for paying Landlord in connection with the construction or any affiliate or contractor of the Tenant Improvements. In no event Landlord, nor shall the Tenant Improvement Allowance Items include any costs be deducted or reduce to account for, a construction management or construction supervision fee in connection with the Tenant Improvements. Landlord shall pay installments of procuring the Tenant Improvement Allowance periodically as design and construction is carried out within thirty (30) days after receipt by Landlord of (a) an itemized statement of Tenant Improvement expenses, accompanied by reasonably detailed invoices and other supporting information as is reasonably requested by Landlord or installing its consultants engaged to review and evaluate such payment requests which adequately describe the work performed and the materials provided which are the basis for the requested installment payment hereunder, (b) conditional lien releases upon progress payment, except for disbursements made on account of retainage or the xxxxx 0% of the Tenant Improvement Allowance (the “Retainage”) for which conditional lien releases upon final payment shall be required, in the Premises form required under California Civil Code Section 3262 from all contractors, subcontractors, and materialmen who shall have furnished materials or supplies or performed work or services in connection with the Tenant Improvements and who will be paid from the applicable installment, and (c) unconditional releases upon progress payment or unconditional releases upon final payment, as applicable, in the form required under California Civil Code Section 3262 from all contractors, subcontractors, and materialmen with respect to whom Landlord previously disbursed funds to Tenant. In the event that the Contractor’s Contract for Tenant Improvements exceeds the amount of the Tenant Improvement Allowance (then remaining), Tenant will be responsible for the payment of the amount by which the remaining Contract balance exceeds the Tenant Improvement Allowance (then remaining) following the disbursement of the Tenant Improvement Allowance (except for the Retainage). Landlord shall not have any trade fixturesobligation to pay the Tenant Improvement Allowance (a) for so long as a Default by Tenant exists, equipment(b) if a lien has been filed with respect to the Tenant Improvements that has not been released or bonded over within ten (10) business days following notice of such lien to Tenant, furniture, furniture partitions or systems, furnishings, telephone, telecommunications, data and security wiring, cabling and equipment(c) if Tenant is in violation of the terms of the applicable permits for the Tenant Improvements, or other personal property (“Personal Property”d) if the insurance required under this Lease is not in full force and effect. Any portion of the Tenant Improvement Allowance not drawn or requested to be used in the Premises by Tenant, and the cost of such Personal Property shall be paid by Tenant by December 31, 2020 (the “Outside Allowance Date”) shall be forfeited, provided, however, that the Outside Allowance Date shall be delayed on a day-for-day basis for each day that Tenant Improvements are delayed due to Landlord Delay or by events of force majeure, and provided that Tenant notifies Landlord promptly of any such force majeure event). If Landlord, in good faith, disputes any item in a request for payment and delivers a written objection to such item setting forth with reasonable particularity Landlord’s reasons for its dispute (a “Draw Dispute Notice”) within ten (10) business days following Landlord’s receipt of such draw request, Landlord may deduct the amount of such disputed item from the payment. Landlord and Tenant shall, in good faith, endeavor to resolve any such dispute with diligence and dispatch. Landlord’s payment of such amounts shall not be deemed Landlord’s approval or acceptance of the work furnished or materials supplied as set forth in Tenant’s payment request. If and to the extent that Landlord fails to fund any monthly disbursement of the Allowance within thirty (30) days following Landlord’s receipt of a draw request (subject to Landlord’s right to deduct amounts specified in a timely Draw Dispute Notice), Tenant shall be entitled to fund the amount set forth in Tenant’s draw request and deduct that portion of the same which exceeds the amount duly disputed in the Draw Dispute Notice from Rent next due and payable by Tenant under the Lease, provided that Tenant will concurrently deliver notice to Landlord of the amount so funded by Tenant and provided further that in no event will Tenant be entitled to offset more than fifty percent (50%) of the Base Rent payable in any calendar month. If and to the extent that Landlord timely delivers any Draw Dispute Notice, Landlord shall nevertheless be obligated to fund the portion of such draw request, if any, which Landlord has not duly disputed, and Tenant shall only be entitled to fund the undisputed amount of such draw request to the extent Landlord fails to so fund such amount. If Tenant commences to offset unfunded draw amounts, Landlord shall have the right, at any time, to pay to Tenant all or any portion of the then-unfunded amount, in which event Tenant shall have no further right to continue such offset with respect to the amount so paid.
Appears in 2 contracts
Samples: Sublease (Corcept Therapeutics Inc), Lease Agreement (Zuora Inc)
Disbursement of the Tenant Improvement Allowance. 2.2.1 Except as otherwise set forth in this Tenant Work Letter, the Tenant Improvement Allowance shall be disbursed by Landlord (each of which disbursements shall be made pursuant to Landlord’s disbursement process, which disbursement process shall require the Architect to make field verifications and written certifications as required by Landlord in connection with Landlord’s disbursements to Contractor (as defined below)) only for the following items and costs (collectively collectively, the “Tenant Improvement Allowance Items”):
(a) 2.2.1.1 Payment of (i) the fees of the Architect “Architect” and the Engineers (“Engineers,” as those terms are defined below)in Section 3.1 of this Tenant Work Letter, (ii) charges for Landlord’s construction consultant and Building engineerwhich fees shall, notwithstanding anything to the contrary contained in this Tenant Work Letter, not exceed an aggregate amount equal to $20.00 per rentable square foot of the Premises, and (iii) payment of the third-party out-of-pocket fees incurred by, and the cost of documents and materials supplied by, Landlord and Landlord’s consultants in connection with the preparation and review of the “Construction Drawings (Drawings,” as that term is defined below)in Section 3.1 of this Tenant Work Letter;
(b) 2.2.1.2 The payment of plan check, permit and license fees relating to construction of the Tenant Improvements;
(c) 2.2.1.3 The hard and soft cost of construction of the Tenant Improvements, including, without limitation, any cost of after-hours freight elevator usagetesting and inspection costs, hoisting and trash removal costs, and contractors’ fees and general conditions;
(d) 2.2.1.4 The cost of any changes in the Base, Shell, and Core Base Building Improvements when such changes are required by the Construction DrawingsDrawings (including if such changes are due to the fact that such work is prepared on an unoccupied basis), such cost to include all direct architectural and/or engineering fees and expenses incurred in connection therewith;
(e) 2.2.1.5 The cost of any changes to the Construction Drawings or Tenant Improvements required by all applicable laws and building codes (collectively, the “Code”); unless such changes are due to the failure of the Base Building or Landlord Initial Compliance Obligations to comply with the Code upon substantial completion of the Base Building Improvements, in which case Landlord will pay such cost without deduction from the Tenant Improvement Allowance;
(f) 2.2.1.6 The cost of Tenant’s Signage;
2.2.1.7 The cost of the “PMA Fee,” as that term is defined in Section 4.3.2 of this Tenant Work Letter;
2.2.1.8 The cost of Tenant’s project manager;
2.2.1.9 Sales and use taxestaxes and Title 24 fees; and
(g) 2.2.1.10 The cost of installing Tenant’s telephone and data cabling and other IT expenses in the Premises, not exceed an aggregate amount equal to $5.00 per rentable square foot of the Premises;
2.2.1.11 All other costs to be expended by Landlord in connection with the construction of the Tenant Improvements, provided such costs have been reasonably approved by Tenant in writing in advance. In no event shall Tenant will not be charged for freight elevator use, utilities, parking, staging area (if any) use or similar fees in connection with the construction of the Tenant Improvement Allowance Items include any costs of procuring or installing in the Premises any trade fixturesImprovements. -62- HCP, equipmentINC. [4930 Director’s Place] [Sorrento Therapeutics, furniture, furniture partitions or systems, furnishings, telephone, telecommunications, data and security wiring, cabling and equipment, or other personal property (“Personal Property”) to be used in the Premises by Tenant, and the cost of such Personal Property shall be paid by Tenant.Inc.]
Appears in 1 contract
Samples: Lease (Sorrento Therapeutics, Inc.)
Disbursement of the Tenant Improvement Allowance. Except as otherwise set forth in this Tenant Work Letter, the Tenant Improvement Allowance shall be disbursed by Landlord (each of which disbursements shall be made pursuant to Landlord’s disbursement process, which disbursement process shall require the Architect to make field verifications and written certifications as required by Landlord in connection with Landlord’s disbursements to Contractor (as defined below)) only for the following items and costs (collectively collectively, the “Tenant Improvement Allowance Items”):
(a) Payment 1.2.1 payment of (i) the fees of the Architect “Architect” and the Engineers (“Engineers,” as those terms are defined below), (ii) charges for Landlord’s construction consultant in Section 3.1 of this Tenant Work Letter and Building engineer, and (iii) payment of the fees incurred by, and the actual and reasonable out of pocket cost of documents and materials supplied by, Landlord and by Landlord’s consultants in connection with the preparation and review of the “Construction Drawings (Drawings,” as that term is defined below)in Section 3.1 of this Tenant Work Letter;
(b) The 1.2.2 the payment of plan check, permit and license fees relating to construction of the Tenant Improvements;
(c) The 1.2.3 the cost of construction of the Tenant Improvements, including, without limitation, any cost contractors’ fees and general conditions, testing and inspection costs, costs of utilities, trash removal, parking and hoists, and the costs of after-hours freight elevator usage;
(d) The 1.2.4 the cost of any changes in the Basebase, Shell, and Core shell and/or core of the Building when such changes are required by the Construction DrawingsDrawings (including if such changes are due to the fact that such work is prepared on an unoccupied basis), such cost to include all direct architectural and/or engineering fees and expenses incurred in connection therewith;
(e) The 1.2.5 the cost of any changes to the Construction Drawings or Tenant Improvements required by Code or any other applicable laws and building codes (collectively, “Code”)laws;
(f) Sales 1.2.6 sales and use taxestaxes and Title 24 fees;
1.2.7 the Landlord Supervision Fee (as defined in Section 3.3 below); and
(g) All 1.2.8 all other actual and reasonable out of pocket costs required to be expended by Landlord in connection with the construction of the Tenant Improvements. In no event shall the Tenant Improvement Allowance Items include any be used for costs of procuring or installing in the Premises any trade associated with furniture, fixtures, equipment, furniturepersonal property, furniture partitions or audio-visual systems, furnishings, telephone, telecommunications, data and security wiringsystems, cabling or signage. Landlord shall disburse the Tenant Improvement Allowance to Tenant upon completion of the Tenant Improvements and equipment, or other personal property (“Personal Property”) Tenant’s submission to be used in Landlord of lien waivers from the Premises by TenantContractor and its sub-contractors, and the cost delivery of such Personal Property shall be paid by Tenantfinal permits and a certificate of occupancy.
Appears in 1 contract
Samples: Lease (Hippo Holdings Inc.)
Disbursement of the Tenant Improvement Allowance. Except as otherwise set forth in this Tenant Work Letter, the Tenant Improvement Allowance shall be disbursed by Landlord (each of which disbursements shall be made pursuant to Landlord’s disbursement process, which disbursement process shall require the Architect to make field verifications and written certifications as required by Landlord in connection with Landlord’s disbursements to Contractor (as defined below)) only for the following items and costs (collectively collectively, the “Tenant Improvement Allowance Items”):
(a) 2.2.1 Payment or reimbursement to Tenant of (i) the fees of the Architect “Architect” and the Engineers (“Engineers,” as those terms are defined below), (ii) charges for Landlord’s construction consultant in Section 3.1 of this Tenant Work Letter and Building engineer, and (iii) payment of the fees incurred by, and the cost of documents and materials supplied by, Landlord and Landlord’s consultants in connection with the preparation and review of the “Construction Drawings (Drawings” as that term is defined below)in Section 3.1 of this Tenant Work Letter;
(b) 2.2.2 The payment or reimbursement to Tenant of Tenant’s costs related to plan check, permit and license fees relating to construction of the Tenant Improvements;
(c) The 2.2.3 Insofar as they are part of an approved set of Construction Drawings and Cost Proposal, the cost of construction of the Tenant Improvements, including, without limitation, any cost of after-hours testing and inspection costs, freight elevator usage, hoisting and trash removal costs, materials and equipment costs and contractors’ fees and general conditions;
(d) The 2.2.4 Insofar as they are part of an approved set of Construction Drawings and Cost Proposal, the cost of any changes in the Base, Shell, Shell and Core when such changes are required by the Construction Drawings, such cost to include all direct architectural and/or engineering fees and expenses incurred in connection therewith;
(e) The 2.2.5 Insofar as they are part of an approved set of Construction Drawings and Cost Proposal, the cost of any changes connection of the Leased Premises to the Building’s energy management systems;
2.2.6 Insofar as they are part of an approved set of Construction Drawings or Tenant Improvements required by applicable laws and building codes (collectivelyCost Proposal, “Code”);
(f) Sales and use taxes; and
(g) All all other costs to be expended by Landlord in connection with the construction of the Tenant Improvements. In no event shall the Tenant Improvement Allowance Items include any costs of procuring or installing in the Premises any trade fixtures, equipment, furniture, furniture partitions or systems, furnishings, telephone, telecommunications, data and security wiring, cabling and equipment, or other personal property (“Personal Property”) to be used in the Premises by Tenant, and the cost of such Personal Property shall be paid by Tenant.
Appears in 1 contract
Samples: Lease Agreement (HS Spinco, Inc.)
Disbursement of the Tenant Improvement Allowance. Except as otherwise set forth in this Work Letter, the Tenant Improvement Allowance shall be disbursed by Landlord (each of which disbursements shall be made pursuant to Landlord’s disbursement process, which disbursement process shall require ) for costs related to the Architect to make field verifications construction of the Tenant Improvements and written certifications as required by Landlord in connection with Landlord’s disbursements to Contractor (as defined below)) only for the following items and costs (collectively collectively, the “Tenant Improvement Allowance Items”):) and no portion of the Tenant Improvement Allowance, if any, remaining after the completion of the Tenant Improvements shall be available for use by Tenant:
(a) Payment of (i) payment of the fees of the Architect Architect/Space Planner (as defined below) and the Engineers (as defined below), ;
(ii) charges for Landlord’s construction consultant and the cost of any changes in the Base Building engineer, and when such changes are required by the Construction Documents;
(iii) the fees incurred by, and the cost of documents and materials supplied by, Landlord and Landlord’s consultants in connection with the preparation and review of any changes to the Construction Drawings (as defined below)Documents or Tenant Improvements required by Code;
(biv) The payment of plan check, permit and license fees relating to construction of the Tenant Improvements;
(c) The cost of construction of the Tenant Improvements, including, without limitation, any cost of testing and inspection costs, trash removal costs, parking fees, after-hours freight elevator utilities usage;, and contractors’ fees and general conditions; and LAKESHORE TOWERS BUILDING III [Quality Systems, Inc.]
(dv) The cost a portion of any changes in the Basecosts of the tenant demising walls and public corridor walls and materials, Shellif any, and Core when such changes are required as designated by the Construction Drawings, such cost to include all direct architectural and/or engineering fees and expenses incurred in connection therewith;
(e) The cost of any changes to the Construction Drawings or Tenant Improvements required by applicable laws and building codes (collectively, “Code”);
(f) Sales and use taxes; and
(g) All other costs to be expended by Landlord. Landlord in connection with the shall not charge a construction management fee for construction of the Tenant Improvements. In no event shall Notwithstanding anything herein to the contrary, Tenant may elect to use up to One Hundred Thirty-Seven Thousand Three Hundred Forty and no/100 Dollars ($137,340.00) (which is Four Dollars ($4.00) multiplied by 34,335, the usable square footage of the Premises) of the Tenant Improvement Allowance Items include any for costs of procuring or installing incurred by Tenant in connection with moving into the Premises any trade fixturesSeventh Floor Premises, equipment, furniture, for furniture partitions or systems, furnishings, telephone, telecommunications, data and security wiring, cabling and equipment, or other personal property (“Personal Property”) to be used in the Premises and for telephone cabling and data cabling for the Premises. To the extent of available from the Tenant Improvement Allowance, upon presentation of evidence reasonably satisfactory to Landlord with respect to such costs, Landlord shall provide such reimbursement to Tenant within ten (10) business days of receipt of such reasonably satisfactory evidence. In addition to the Tenant Improvement Allowance, Landlord shall contribute an amount not to exceed Five Thousand One Hundred Fifty and 25/100 Dollars ($5,150.25) (which is $0.15 multiplied by Tenant, and 34,335 which is the usable square footage of the Premises) towards the cost of a test fit sufficient to prepare preliminary pricing for the Tenant Improvements to be prepared by HHendy Associates. Landlord and Tenant acknowledge that Tenant will remain in possession of the Sixth Floor Premises during construction of the Tenant Improvements. Landlord, Tenant and the Contractor (as defined below) shall cooperate so that Tenant’s occupancy of the Sixth Floor Premises does not interfere with construction of the Tenant Improvements and such Personal Property construction does not adversely impact Tenant’s operations on the Sixth Floor Premises. Notwithstanding the foregoing, if construction of the Tenant Improvements must be conducted after normal Business Hours in order to accommodate Tenant’s operations, any additional cost shall be paid by TenantTenant upon Landlord’s request as an Over-Allowance Amount (as defined below).
Appears in 1 contract
Samples: Office Lease (Quality Systems, Inc)
Disbursement of the Tenant Improvement Allowance. Except as otherwise set forth in this Work LetterConstruction Rider, the Tenant Improvement Allowance shall be disbursed by Landlord (each of which disbursements shall be made pursuant to Landlord’s disbursement process, which disbursement process shall require the Architect to make field verifications and written certifications as required by Landlord in connection with Landlord’s disbursements to Contractor (as defined below)) only for the following items and costs (collectively collectively, the “Tenant Improvement Allowance Items”):
(a) 2.2.1 Payment of (i) the fees of the Architect “Space Planner”, “Architect” and the Engineers (“Engineers”, as those terms are defined below), (ii) charges for Landlord’s construction consultant and Building engineerin Section 3.1 of this Construction Rider, and (iii) payment of the fees incurred by, and the cost of documents and materials supplied by, Landlord and Landlord’s consultants in connection with the preparation and review of the “Construction Drawings (Drawings”, as that term is defined below)in Section 3.1 of this Construction Rider, but shall not include any Landlord supervision or Landlord administrative fees associated with Tenant’s Improvements;
(b) 2.2.2 The payment of plan check, permit and license fees relating to construction of the Tenant Improvements;
(c) 2.2.3 The cost of construction of the Tenant Improvements, including, without limitation, any cost of after-hours freight elevator usagetesting and inspection costs, hoisting and trash removal costs, and contractors’ fees and general conditions;
(d) 2.2.4 The cost of any changes in the Base, Shell, and Core Base Building work or the Landlord Work when such changes are required by the Construction Drawings, such cost to include all direct architectural and/or engineering fees and expenses incurred in connection therewith;
(e) 2.2.5 The cost of any changes to the Construction Drawings or Drawings, Tenant Improvements or Landlord’s Work required by applicable laws and building codes (collectively, “Code”);
(f) 2.2.6 Sales and use taxestaxes and Title 24 fees;
2.2.7 The cost of the Landlord Work; and
(g) 2.2.8 All other costs to be expended by Landlord in connection with the construction of the Tenant Improvements. In no event shall the Tenant Improvement Allowance Items include any costs of procuring or installing in the Premises any trade fixtures, equipment, furniture, furniture partitions or systems, furnishings, telephone, telecommunications, data and security wiring, cabling and equipment, or other personal property (“Personal Property”) to be used in the Premises by Tenant, and the cost of such Personal Property shall be paid by Tenant.
Appears in 1 contract
Disbursement of the Tenant Improvement Allowance. Except as otherwise set forth in this Tenant Work Letter, the Tenant Improvement Allowance shall be disbursed by Landlord (each of which disbursements shall be made pursuant to Landlord’s disbursement process, which the disbursement process shall require set forth in the Architect to make field verifications and written certifications Contract, as required by Landlord that term is defined in connection with Landlord’s disbursements to Contractor (as defined Section 4.2.1 below)) only for the following items and costs (collectively the “Tenant Improvement Allowance Items”):
(a) 2.2.1 Payment of (i) the fees of consultants retained in connection with the Architect design, engineering and construction of the Engineers Tenant Improvements, including without limitation, the fees of any project manager retained by Tenant (as defined belowincluding the Project Manager), (ii) charges Tenant’s actual, reasonable, out-of-pocket costs reasonably incurred in connection with Tenant’s relocation to the Premises, (iii) the payment of plan check, permit and license fees relating to construction of the Tenant Improvements and other permitting costs, (iv) the costs of acquisition and installation of furniture, fixtures, equipment, and data and telecommunications cabling and equipment for Landlord’s construction consultant use in the Premises, which costs described in this item (iv) shall, notwithstanding anything to the contrary contained in this Tenant Work Letter, not exceed an aggregate amount equal to Fifteen and Building engineer00/100 Dollars ($15.00) per rentable square foot of the Premises, and (iiiv) any other hard or soft costs related to the design, engineering and construction of the Tenant Improvements;
2.2.2 Payment of the fees incurred by, and the cost of documents and materials supplied by, Landlord and Landlord’s consultants in connection with the preparation and review of the Construction Drawings (as that term is defined below)in Section 3.1 of this Tenant Work Letter;
(b) The payment of plan check, permit and license fees relating to construction of the Tenant Improvements;
(c) 2.2.3 The cost of construction of the Tenant Improvements, including, without limitation, any cost testing and inspection costs, trash removal costs, costs of after-hours freight elevator usageTenant’s Signage and contractors’ fees and general conditions;
(d) 2.2.4 The cost of any changes in the Base, Shell, and Core Base Building when such changes are required by the Construction Drawings, such cost to include all direct architectural and/or engineering fees and expenses incurred in connection therewith;
(e) 2.2.5 The cost of any changes to the Construction Drawings or Tenant Improvements required by applicable laws and building codes (collectively, “Code”)Applicable Laws;
(f) 2.2.6 The cost of the Coordination Fee, as that term is defined in Section 4.2.2.1 of this Tenant Work Letter;
2.2.7 Sales and use taxes
2.2.8 The cost of any approved Tenant Change Items, subject to the Tenant Change Items Cap; and
(g) 2.2.9 All other costs to be expended by Landlord in connection with the construction of the Tenant Improvements. In no event shall the Tenant Improvement Allowance Items include any costs of procuring or installing in the Premises any trade fixtures, equipment, furniture, furniture partitions or systems, furnishings, telephone, telecommunications, data Improvements and security wiring, cabling and equipment, or other personal property (“Personal Property”) for which Landlord is entitled to be used in the Premises reimbursed by Tenant. EXHIBIT B -6- THE XXXX TOWER F5 Networks, and the cost of such Personal Property shall be paid by Tenant.Inc.
Appears in 1 contract
Samples: Office Lease (F5 Networks Inc)
Disbursement of the Tenant Improvement Allowance. Except as otherwise ------------------------------------------------ set forth in this Tenant Work Letter, the Tenant Improvement Allowance shall be disbursed by Landlord (each of which disbursements disbursement shall be made pursuant to Landlord’s disbursement process, which 's disbursement process shall require the Architect to make field verifications and written certifications as required by Landlord set forth in connection with Landlord’s disbursements to Contractor (as defined Section 2.3, below)) only for the following items and costs (collectively the “"Tenant Improvement Allowance Items”"):
(a) 2.2.1 Payment of the fees of (i) the fees of the Architect "Architect" and the Engineers ("Engineers," as those terms are defined below)in Section 3.1 of this Tenant Work Letter, and (ii) charges for Landlord’s construction any consultant and Building engineer, and (iii) the fees incurred by, and the cost of documents and materials supplied by, Landlord and Landlord’s consultants engaged by Tenant in connection with the preparation and review Tenant's, design and/or construction of the Construction Drawings (as defined below)Premises or Tenant Improvements;
(b) 2.2.2 The payment of plan check, permit and license fees relating to construction of the Tenant Improvements;
(c) 2.2.3 The cost of construction of the Tenant Improvements, including, without limitation, any cost of after-hours freight elevator usage;; EXHIBIT B
(d) 2.2.4 The cost of any changes in the Base, Shell, and Core Building when such changes are required by the "Construction Drawings," as defined in Section 3.1, below, such cost to include all direct architectural and/or engineering fees and expenses incurred in connection therewith;
(e) The cost of any changes to the Construction Drawings or Tenant Improvements required by applicable laws and building codes (collectively, “Code”);
(f) 2.2.5 Sales and use taxes; and
(g) All other costs to be expended by Landlord taxes and Title 24 fees in connection with the construction of the Tenant Improvements. In no event shall ; and
2.2.6 The cost of furniture, fixtures, freestanding work stations, built-ins, related cabinets, reception desks, telecommunications and other equipment and related wiring, audiovisual equipment, security systems and all carpets and floor coverings covered by the Final Working Drawings or ordered directly by Tenant Improvement Allowance Items include any for the Premises and the costs of procuring or installing in Tenant's moving into and relocation to the Premises any trade fixtureswith respect to which Tenant seeks reimbursement hereunder, equipment, furniture, furniture partitions or systems, furnishings, telephone, telecommunications, data and security wiring, cabling and equipment, or other personal property (“Personal Property”) to be used in provided that the Premises by Tenant, and the cost of such Personal Property shall be paid by Tenantforegoing amounts do not exceed $126,834.
Appears in 1 contract
Disbursement of the Tenant Improvement Allowance. Except as otherwise set forth in this Work Letter, the Tenant Improvement Allowance Allowance, the Unpaid Allowance, and any Tenant’s Funds shall be disbursed by Landlord (each of which disbursements shall be made pursuant to Landlord’s reasonable disbursement process, which disbursement process shall require but in a timely manner in accordance with the Architect construction contract to make field verifications ensure timely completion of the work) for costs related to the construction of the Tenant Improvements, as provided for in, and written certifications as required by Landlord in connection with Landlord’s disbursements to Contractor (compliance with, the “Construction Contract”, as defined below)) only , and for the following items and costs (collectively collectively, the “Tenant Improvement Allowance Items”):
(a) Payment of ): (i) payment of the fees of the Architect “Architect” and the Engineers (“Engineers,” as those terms are defined below), (ii) charges for Landlord’s construction consultant and Building engineerin Section 3.1 of this Work Letter, and (iii) payment of the fees incurred by, and the cost of documents and materials supplied by, Landlord and Landlord’s consultants in connection with the preparation and review of the “Construction Drawings Drawings,” as that term is defined in Section 3.1 of this Work Letter; (as defined below);
(bii) The payment of plan check, permit and license fees relating to construction of the Tenant Improvements;
(c) The cost of construction of the Tenant Improvements, including, without limitation, any cost of after-hours freight elevator usage;
(d) The cost of any changes in the Base, Shell, Premises and Core when such changes are required by the Construction Drawings, such cost to include all direct architectural and/or engineering fees Buildings; and expenses incurred in connection therewith;
(eiii) The the cost of any changes to the Construction Drawings or Tenant Improvements required by applicable laws and building codes (collectively, the “Code”);
, to the extent chargeable to Tenant, as opposed to the Architect or the Engineers whose oversight resulted in the required changes. Within fifteen (f15) Sales and use taxes; and
(g) All other costs to be expended by Landlord in connection with Business Days after the construction total cost of the Tenant Improvements. In no event Improvements has been determined by Landlord, the parties shall execute an amendment to the Tenant Improvement Lease setting forth the actual amount of the amortized monthly payments for the Unpaid Allowance Items include any costs of procuring or installing in the Premises any trade fixtures, equipment, furniture, furniture partitions or systems, furnishings, telephone, telecommunications, data and security wiring, cabling and equipment, or other personal property (“Personal Property”) pursuant to be used in the Premises by Tenant, and the cost of such Personal Property shall be paid by Tenantthis Section 2.1.
Appears in 1 contract
Disbursement of the Tenant Improvement Allowance. Except as otherwise set forth in this Tenant Work Letter, the Tenant Improvement Allowance shall be disbursed by Landlord (each of which disbursements shall be made pursuant to Landlord’s disbursement process, which disbursement process shall require the Architect to make field verifications and written certifications as required by Landlord in connection with Landlord’s disbursements to Contractor (as defined below)) only for the following items and costs (collectively the “Tenant Improvement Allowance Items”):
(a) 2.2.1 Payment of (i) the fees of the Architect “Architect” and the Engineers (“Engineers,” as those terms are defined below)in Section 3.1 of this Tenant Work Letter, (ii) charges for Landlord’s construction consultant and Building engineerwhich fees shall, notwithstanding anything to the contrary contained in this Tenant Work Letter, not exceed an aggregate amount equal to $3.00 per rentable square foot of the Premises, and (iii) payment of the fees incurred by, and the cost of documents and materials supplied by, Landlord and Landlord’s consultants in connection with the preparation and review of the “Construction Drawings (Drawings,” as that term is defined below)in Section 3.1 of this Tenant Work Letter;
(b) 2.2.2 The payment of plan check, permit and license fees relating to construction of the Tenant Improvements;
(c) 2.2.3 The cost of construction of the Tenant Improvements, including, without limitation, any cost of after-hours freight elevator usagetesting and inspection costs, and trash removal costs, and contractors’ fees and general conditions;
(d) 2.2.4 The cost of any changes in the Base, Shell, and Core Base Building when such changes are required by the Construction Drawings, such cost to include all direct architectural and/or engineering fees and expenses incurred in connection therewith;
(e) 2.2.5 The cost of any changes to the Construction Drawings or Tenant Improvements required by all applicable laws and building codes (collectively, the “Code”); EXHIBIT B 140 XXX XXXXXXXXXX XXXXXX
2.2.6 The cost of connection of the Premises to the Building’s energy management systems;
(f) 2.2.7 The cost of the “Coordination Fee,” as that term is defined in Section 4.2.2 of this Tenant Work Letter;
2.2.8 Sales and use taxestaxes and Title 24 fees; and
(g) 2.2.9 All other costs to be expended by Landlord in connection with the construction of the Tenant Improvements. In no event shall the Tenant Improvement Allowance Items include any costs of procuring or installing in the Premises any trade fixtures, equipment, furniture, furniture partitions or systems, furnishings, telephone, telecommunications, data and security wiring, cabling and equipment, or other personal property (“Personal Property”) to be used in the Premises by Tenant, and the cost of such Personal Property shall be paid by Tenant.
Appears in 1 contract
Samples: Office Lease (Yelp Inc)
Disbursement of the Tenant Improvement Allowance. Except as otherwise set forth in this Work LetterThe Tenant Improvement Allowance shall be disbursed by Landlord for Occupancy Expenses incurred from time to time. In addition, the Tenant Improvement Allowance shall be disbursed by Landlord (each of which disbursements shall be made pursuant to Landlord’s disbursement process, which disbursement process shall require the Architect to make field verifications and written certifications as required by Landlord in connection with Landlord’s disbursements to Contractor (as defined below)) only for the following items and costs (collectively collectively, the “Tenant Improvement Allowance Items”):
(a) Payment of (i) 1.2.1 for architecture and/or engineering fees and reimbursement for the out-of-pocket costs and fees of the Architect and the Engineers (as defined below), (ii) charges for Landlord’s construction consultant and Building engineer, and (iii) the fees incurred by, and the cost of documents and materials supplied by, Landlord and Landlordpaid by Tenant to Tenant’s consultants in connection with the preparation and review of the “Construction Drawings (Drawings”, as that term is defined below)in Section 3.1 of this Work Letter;
(b) The 1.2.2 the payment of plan check, permit and license fees relating to construction of the Tenant Improvements;
(c) The 1.2.3 the cost of construction of the Tenant Improvements, including, without limitation, any the cost of after-hours freight elevator usagelabor, materials, contractors’ fees, testing and inspection costs, and costs of trash removal, it being understood that the cost of utilities consumed during construction shall be borne solely by Landlord and shall not be paid out of the Tenant Improvement Allowance;
(d) The 1.2.4 the cost of any changes in to structural portions of the Base, Shell, and Core when such changes are Premises and/or Building required by the Construction Drawings, ; such cost to include all direct architectural and/or engineering fees and expenses incurred in connection therewith;
(e) The 1.2.5 the cost of any changes to the Construction Drawings or Tenant Improvements improvements required by applicable laws and building codes (collectively, “Code”);
(f) Sales 1.2.6 sales and use taxestaxes and any other governmental fees directly connected with the Tenant Improvements; and
(g) All 1.2.7 all other costs to be expended by Landlord Tenant in connection with the construction of the Tenant Improvements. In no event shall the Tenant Improvement Allowance Items include any costs of procuring or installing in the Premises any trade fixturesImprovements such as, equipmentbut not limited to, furniture, furniture partitions or systems, furnishings, telephone, telecommunications, data and security wiring, cabling and equipment, or other personal property (“Personal Property”) to be used in the Premises by Tenantconstruction management fees, and the cost of such Personal Property shall be paid by Tenantvoice and data cabling.
Appears in 1 contract
Samples: Lease (Neustar Inc)
Disbursement of the Tenant Improvement Allowance. Except as otherwise set forth in this Work Letter, the Tenant Improvement Allowance shall be disbursed by Landlord (each of which disbursements disbursement shall be made pursuant to Landlord’s 's standard disbursement process), which disbursement process shall require the Architect to make field verifications and written certifications as required by Landlord in connection with Landlord’s disbursements to Contractor (as defined below)) only for the following items and costs (collectively collectively, the “"Tenant Improvement Allowance Items”"):
(a) Payment 2.2.1 payment of (i) the fees of the Architect "Architect" and the Engineers ("Engineers", as those terms are defined below), (ii) charges for Landlord’s construction consultant and Building engineerin Section 3.1 of this Work Letter, and (iii) payment of the fees incurred by, and the cost of documents and materials supplied by, Landlord and Landlord’s 's consultants in connection with the preparation and review of the "Construction Drawings (Drawings", as that term is defined below)in Section 3.1 of this Work Letter;
(b) The 2.2.2 the payment of plan check, permit and license fees relating to construction of the Tenant Improvements;
(c) The 2.2.3 the cost of construction of the Tenant Improvements, including, without limitation, any cost contractors' fees and general conditions, testing and inspection costs, costs of utilities, trash removal, parking and hoists, and the costs of after-hours freight elevator usage;
(d) The 2.2.4 the cost of any changes in the Base, Shell, Shell and Core when such changes are required by the Construction DrawingsDrawings (including if such changes are due to the fact that such work is prepared on an unoccupied basis), such cost to include all direct architectural and/or engineering fees and expenses incurred in connection therewith;
(e) The 2.2.5 the cost of any changes to the Construction Drawings or Tenant Improvements required by Code or any other applicable laws and building codes (collectively, “Code”)laws;
(f) Sales 2.2.6 sales and use taxestaxes and Title 24 fees;
2.2.7 the costs and expenses associated with complying with all national, state and local codes, including California Energy Code, Title 24, including, without limitation, all costs associated with any lighting or HVAC retrofits required thereby;
2.2.8 the "Landlord Supervision Fee", as that term is defined in Section 4.3.2 of this Work Letter; and
(g) All 2.2.9 all other costs to be expended by Landlord in connection with the construction of the Tenant Improvements. In no event shall the Tenant Improvement Allowance Items include any costs of procuring or installing in the Premises any trade fixtures, equipment, furniture, furniture partitions or systems, furnishings, telephone, telecommunications, data and security wiring, cabling and equipment, or other personal property (“Personal Property”) to be used in the Premises by Tenant, and the cost of such Personal Property shall be paid by Tenant.071053\8589453v5 1
Appears in 1 contract
Disbursement of the Tenant Improvement Allowance. Except as otherwise set forth in this Tenant Work Letter, the Tenant Improvement Allowance shall be disbursed by Landlord (each of which disbursements shall be made pursuant to Landlord’s 's disbursement process, which disbursement process shall require the Architect to make field verifications and written certifications as required by Landlord in connection with Landlord’s disbursements to Contractor (as defined below)) only for the following items and costs (collectively collectively, the “Tenant Improvement Allowance Items”"TENANT IMPROVEMENT ALLOWANCE ITEMS"):
(a) 2.2.1 Payment of (i) the fees of the Architect "Space Planner," "Architect" and the Engineers "Engineers," as those terms are defined in Section 3.1 of this Tenant Work Letter, which payment shall, notwithstanding anything to the contrary contained in this Tenant Work Letter, not exceed an aggregate amount equal to Two and 50/100 Dollars (as defined below), (ii$2.50) charges for Landlord’s construction consultant and Building engineerper usable square foot of the Premises, and (iii) payment of the fees incurred by, and the cost of documents and materials supplied by, Landlord and Landlord’s 's consultants in connection with the preparation and review of the "Construction Drawings (Drawings," as that term is defined below)in Section 3.1 of this Tenant Work Letter;
(b) 2.2.2 The payment of plan check, permit and license fees relating to construction of the Tenant Improvements;
(c) 2.2.3 The cost of construction of the Tenant Improvements, including, without limitation, any cost of after-hours freight elevator usagetesting and inspection costs, hoisting and trash removal costs, and contractors' fees and general conditions;
(d) 2.2.4 The cost of any changes in the Base, Shell, Shell and Core work or the Landlord Work when such changes are required by the Construction DrawingsDrawings (including if such changes are due to the fact that such work is prepared on an unoccupied basis), such cost to include all direct architectural and/or engineering fees and expenses incurred in connection therewith;
(e) 2.2.5 The cost of any changes to the Construction Drawings or Drawings, Tenant Improvements or Landlord's Work (subject to the cost limitations outlined above) required by applicable laws and building codes (collectively, “Code”);
(f) 2.2.6 Sales and use taxestaxes and Title 24 fees;
2.2.7 The cost of the Landlord Work (subject to the cost limitations outlined above) ;
2.2.8 Landlord's Supervision Fee", as that term is defined in Section 4.3.2 of this Tenant Work Letter; and
(g) All other costs to be expended by Landlord in connection with the construction of the Tenant Improvements. In no event shall the Tenant Improvement Allowance Items include any costs of procuring or installing in the Premises any trade fixtures, equipment, furniture, furniture partitions or systems, furnishings, telephone, telecommunications, data and security wiring, cabling and equipment, or other personal property (“Personal Property”) to be used in the Premises by Tenant, and the cost of such Personal Property shall be paid by Tenant.
Appears in 1 contract
Samples: Office Lease (Kinzan Inc)
Disbursement of the Tenant Improvement Allowance. Except as otherwise ------------------------------------------------ set forth in this Work Letter, the Tenant Improvement Allowance shall be disbursed by Landlord (each of which disbursements shall be made pursuant to Landlord’s 's disbursement process, which disbursement process shall require ) for costs related to the Architect to make field verifications construction of the Tenant Improvements and written certifications as required by Landlord in connection with Landlord’s disbursements to Contractor (as defined below)) only for the following items and costs (collectively collectively, the “"Tenant Improvement Allowance Items”):
(a) Payment of "): (i) payment of the fees of the Architect "Architect" and the Engineers ("Engineers," as those terms are defined below), (ii) charges for Landlord’s construction consultant and Building engineerin Section 3.1 of this Work Letter, and (iii) payment of the fees incurred by, and the cost of documents and materials supplied by, Landlord and Landlord’s 's consultants in connection with the preparation and review of the "Construction Drawings Drawings," as that term is defined in Section 3.1 of this Work Letter; (as defined below);
(bii) The payment of plan check, permit and license fees relating to construction of the Tenant Improvements;
(c) The cost of construction of the Tenant Improvements, including, without limitation, any cost of after-hours freight elevator usage;
(d) The cost of any changes in the Basebase, Shell, shell and Core when such changes are core of the Premises required by the Construction Drawings, such cost to include all direct architectural and/or engineering fees and expenses incurred in connection therewith;
; (eiii) The the cost of any changes to the Construction Drawings or Tenant Improvements required by applicable laws and building codes or other laws or regulations, including without limitation, The Americans With Disabilities Act (collectively, “the "Code”");
; (fiv) Sales the "Landlord Supervision Fee", as that term is defined in Section 4.3.2 of this Work Letter; and use taxes; and
(gv) All other a portion of the costs, if any, of the tenant demising walls and public corridor walls and materials on the floor of the Building on which the Premises is located as designated by Landlord. Notwithstanding anything in this Exhibit to the contrary, any costs that are due to the following shall not be expended included in the cost of Tenant Work and shall be the sole responsibility of Landlord: (i) any costs incurred due to the remediation of Hazardous Materials, where such were not caused by Landlord in connection Tenant, and (ii) any costs incurred to correct any non- compliance with codes, laws, or statutes where such non-compliance existed prior to the construction commencement of the Tenant Improvements. In no event shall the Tenant Improvement Allowance Items include any costs of procuring or installing in the Premises any trade fixtures, equipment, furniture, furniture partitions or systems, furnishings, telephone, telecommunications, data and security wiring, cabling and equipment, or other personal property (“Personal Property”) to be used in the Premises by Tenant, and the cost of such Personal Property shall be paid by Tenant.
Appears in 1 contract
Samples: Office Space Lease (Noosh Inc)
Disbursement of the Tenant Improvement Allowance. Except as otherwise set forth in this Tenant Work Letter, the Tenant Improvement Allowance shall be disbursed by Landlord (each of which disbursements shall be made pursuant to Landlord’s disbursement process, which disbursement process shall require the Architect to make field verifications and written certifications as required by Landlord in connection with Landlord’s disbursements to Contractor (as defined below)) only for the following items and costs (collectively collectively, the “Tenant Improvement Allowance Items”):
(a) 2.2.1 Payment of (i) the fees of the Architect “Architect” and the Engineers (“Engineers,” as those terms are defined in Section 3.1 of this Tenant Work Letter, provided that the Tenant Improvements are consistent with the “Final Space Plan,” as that term is defined below), (ii) charges for Landlord’s construction consultant and Building engineer, and (iii) payment of the fees incurred by, and the cost of documents and materials supplied by, Landlord and Landlord’s consultants in connection with the preparation and review of the “Construction Drawings (Drawings,” as that term is defined below)in Section 3.1 of this Tenant Work Letter;
(b) 2.2.2 The payment of plan check, permit and license fees relating to construction of the Tenant Improvements;
(c) 2.2.3 The cost of construction of the Tenant Improvements, including, without limitation, any cost of after-hours testing and inspection costs, freight elevator usage, hoisting and trash removal costs, and contractors’ fees and general conditions;
(d) 2.2.4 The cost of any changes in the Base, Shell, Shell and Core when such changes are required by the Construction DrawingsDrawings (including if such changes are due to the fact that such work is prepared on an unoccupied basis), such cost to include all direct architectural and/or engineering fees and expenses incurred in connection therewith;
(e) 2.2.5 The cost of any changes to the Construction Drawings or Tenant Improvements required by all applicable laws and building codes (collectively, the “Code”);
(f) 2.2.6 The cost of connection of the Premises to the Building’s energy management systems and any utility connection charges paid by Tenant;
2.2.7 The cost of the “Landlord Supervision Fee,” as that term is defined in Section 4.3.2 of this Tenant Work Letter;
2.2.8 Sales and use taxestaxes and Title 24 fees; and
(g) 2.2.9 All other costs to be expended by Landlord in connection with the construction of the Tenant Improvements. In Notwithstanding anything to the contrary in this Tenant Work Letter, Landlord shall pay for and in no event shall the Tenant Improvement Allowance Items include any costs of procuring or installing in the Premises any trade fixtures, equipment, furniture, furniture partitions or systems, furnishings, telephone, telecommunications, data following costs: (i) charges and security wiring, cabling and equipment, or other personal property (“Personal Property”) expenses for changes to be used in the Premises Approved Working Drawings which have not been approved by Tenant, unless such change is required by Applicable Laws; (ii) wages, labor and overhead for overtime and premium time to the extent not set forth in the “Space and Pricing Plan,” as that term is defined in Section 3.2, below; (iii) additional costs and expenses incurred by Landlord on account of Contractor’s or any subcontractor’s default or construction defects; (iv) principal, interest and fees for construction and permanent financing; (v) offsite management or other general overhead costs incurred by Landlord; (vi) costs for which Landlord has a right of reimbursement from others (including, without limitation, insurers and warrantors); (vii) the cost of such Personal Property bringing the Common Areas and the Base Building into compliance with applicable building codes, environmental laws, and other statutes, laws, rules and regulations, for general office use, assuming a standard office occupancy density; (viii) penalties and late charges attributable to Landlord’s failure to pay, when obligated to do so, the Tenant Improvement Allowance; (ix) attorneys’, experts’ and other fees and costs in connection with contract disputes; all of which shall be the sole obligation of Landlord and (x) costs to permit and construct the Tenant Improvements in excess of the Approved Cost Proposal, except for increases set forth in approved change orders. In addition, the amount to be paid by Tenantto the Contractor as a fee to construct the Tenant Improvements shall not exceed 4% of the lesser of (a) the costs of labor and materials incorporated into the Tenant Improvements under the general contract entered into between Landlord and the Contractor pursuant to this Tenant Work Letter, or (b) the Approved Cost Proposal, plus a reasonable allowance for the cost of general conditions of construction not to exceed 10% of the lesser of the foregoing clauses (a) or (b).
Appears in 1 contract
Samples: Office Lease (Audience Inc)
Disbursement of the Tenant Improvement Allowance. Except as otherwise set forth in this Tenant Work Letter, the Tenant Improvement Allowance shall be disbursed by Landlord (each of which disbursements shall be made pursuant to Landlord’s 's disbursement process, which disbursement process shall require the Architect to make field verifications and written certifications as required by Landlord in connection with Landlord’s disbursements to Contractor (as defined below)) only for the following items and costs (collectively collectively, the “"Tenant Improvement Allowance Items”"):
(a) 2.2.1 Payment of (i) the fees of the Architect "Architect" and the Engineers ("Engineers," as those terms are defined below)in Section 3.1 of this Tenant Work Letter, (ii) charges for Landlord’s construction consultant and Building engineerwhich fees shall, notwithstanding anything to the contrary contained in this Tenant Work Letter, not exceed an aggregate amount equal to $3.00 per rentable square foot of the Premises, and payment of Tenant's project manager not to exceed two percent (iii2%) of the so called "hard" costs of constructing the Tenant Improvements, and payment of the fees incurred by, and the cost of documents and materials supplied by, Landlord and Landlord’s 's consultants in connection with the preparation and review of the "Construction Drawings (Drawings," as that term is defined below)in Section 3.1 of this Tenant Work Letter;
(b) 2.2.2 The payment of plan check, permit and license fees relating to construction of the Tenant Improvements;
(c) 2.2.3 The cost of construction of the Tenant Improvements, including, without limitation, any cost of after-hours testing and inspection costs, freight elevator usage, hoisting and trash removal costs, and contractors' fees and general conditions;
(d) 2.2.4 The cost of any changes in the Base, Shell, Shell and Core when such changes are required by the Construction DrawingsDrawings (including if such changes are due to the fact that such work is prepared on an unoccupied basis), such cost to include all direct architectural and/or engineering fees and expenses incurred in connection therewith;
(e) 2.2.5 The cost of any changes to the Construction Drawings or Tenant Improvements required by all applicable laws and building codes (collectively, “the "Code”");
(f) 2.2.6 The cost of connection of the Premises to the Building's energy management systems;
2.2.7 The cost of the "Landlord Supervision Fee," as that term is defined in Section 4.3.2 of this Tenant Work Letter;
2.2.8 Sales and use taxestaxes and Title 24 fees; and
(g) 2.2.9 The cost of cabling, signage, furniture, fixtures and equipment installed by Tenant at the Premises, which costs shall, notwithstanding anything to the contrary contained in this Tenant Work Letter, not exceed an aggregate amount equal to $15.00 per rentable square foot of the Premises.
2.2.10 All other costs to be expended by Landlord in connection with the construction of the Tenant Improvements. In no event shall the Tenant Improvement Allowance Items include any costs of procuring or installing in the Premises any trade fixtures, equipment, furniture, furniture partitions or systems, furnishings, telephone, telecommunications, data and security wiring, cabling and equipment, or other personal property (“Personal Property”) to be used in the Premises by Tenant, and the cost of such Personal Property shall be paid by Tenant.
Appears in 1 contract
Samples: Partial Lease Termination Agreement and First Amendment to Lease (Zentalis Pharmaceuticals, Inc.)
Disbursement of the Tenant Improvement Allowance. Except as ------------------------------------------------ otherwise set forth in this Tenant Work Letter, the Tenant Improvement Allowance shall be disbursed by Landlord (each of which disbursements shall be made pursuant to Landlord’s 's disbursement process, which disbursement process shall require ) for the Architect to make field verifications costs of the construction of the Tenant Improvements and written certifications as required by Landlord in connection with Landlord’s disbursements to Contractor (as defined below)) only for the following items and costs (collectively collectively, the “"Tenant Improvement Allowance Items”):
(a) Payment of "): (i) payment of the fees of the Architect "Architect" and the Engineers ("Engineers," as those terms are defined below), (ii) charges for Landlord’s construction consultant and Building engineerin Section 3.1 of this Tenant Work Letter, and (iii) payment of the fees incurred by, and the cost of documents and materials supplied by, Landlord and Landlord’s 's consultants in connection with the preparation and review of the "Construction Drawings Drawings," as that term is defined in Section 3.1 of this Tenant Work Letter; (as defined below);
(bii) The payment of plan check, permit and license fees relating to construction of the Tenant Improvements;
(c) The cost of permits and construction of supervision fees; (iii) the Tenant Improvements, including, without limitation, any cost of after-hours freight elevator usage;
(d) The cost of any changes in the Base, Shell, Shell and Core when such changes are required by the Construction Drawings, such cost to include all direct architectural and/or engineering fees and expenses incurred in connection therewith;
; (eiv) The the cost of any changes to the Construction Drawings or Tenant Improvements required by applicable laws and building codes (collectively, “the "Code”");
; (fv) Sales and use taxes; and
(g) All any other costs to be expended triggered by Landlord in connection with the construction performance of the Tenant ImprovementsImprovements which are required by any Code; and (vi) the cost of demolishing any existing improvements in the Premises. In However, in no event shall more than Three and 00/100 Dollars ($3.00) per usable square foot of the Tenant Improvement Allowance Items include any costs of procuring or installing in the Premises any trade fixtures, equipment, furniture, furniture partitions or systems, furnishings, telephone, telecommunications, data and security wiring, cabling and equipment, or other personal property (“Personal Property”) to be used for the items described in the Premises by Tenant, (i) and the cost (ii) above; any additional amount incurred as a result of such Personal Property (i) and (ii) above shall be paid by Tenantdeemed to constitute an Over-Allowance Amount.
Appears in 1 contract
Samples: Lease (Jb Oxford Holdings Inc)
Disbursement of the Tenant Improvement Allowance. Except as otherwise set forth in this Tenant Work Letter, the Tenant Improvement Allowance shall be disbursed by Landlord (each of which disbursements shall be made pursuant to Landlord’s disbursement process, which disbursement process shall require the Architect to make field verifications and written certifications as required by Landlord in connection with Landlord’s disbursements to Contractor (as defined below)) only for the following items and costs (collectively collectively, the “Tenant Improvement Allowance Items”):
(a) 2.2.1 Payment or reimbursement to Tenant of (i) the fees of the Architect “Architect” and the Engineers (“Engineers,” as those terms are defined below), (ii) charges for Landlord’s construction consultant in Section 3.1 of this Tenant Work Letter and Building engineer, and (iii) payment of the fees incurred by, and the cost of documents and materials supplied by, Landlord and Landlord’s consultants in connection with the preparation and review of the “Construction Drawings (Drawings” as that term is defined below)in Section 3.1 of this Tenant Work Letter;
(b) 2.2.2 The payment or reimbursement to Tenant of Tenant’s costs related to plan check, permit and license fees relating to construction of the Tenant Improvements;
(c) The 2.2.3 Insofar as they are part of an approved set of Construction Drawings and Cost Proposal, the cost of construction of the Tenant Improvements, including, without limitation, any cost of after-hours testing and inspection costs, freight elevator usage, hoisting and trash removal costs, materials and equipment costs and contractors’ fees and general conditions;
(d) The 2.2.4 Insofar as they are part of an approved set of Construction Drawings and Cost Proposal, the cost of any changes in the Base, Shell, Shell and Core when such changes are required by the Construction Drawings, such cost to include all direct architectural and/or engineering fees and expenses incurred in connection therewith;
(e) The 2.2.5 Insofar as they are part of an approved set of an Construction Drawings and Cost Proposal, the cost of any changes connection of the Leased Premises to the Building’s energy management systems;
2.2.6 Insofar as they are part of an approved set of Construction Drawings or Tenant Improvements required by applicable laws and building codes (collectivelyCost Proposal, “Code”);
(f) Sales and use taxes; and
(g) All all other costs to be expended by Landlord in connection with the construction of the Tenant Improvements. In no event shall the Tenant Improvement Allowance Items include any costs of procuring or installing in the Premises any trade fixtures, equipment, furniture, furniture partitions or systems, furnishings, telephone, telecommunications, data and security wiring, cabling and equipment, or other personal property (“Personal Property”) to be used in the Premises by Tenant, and the cost of such Personal Property shall be paid by Tenant.
Appears in 1 contract
Samples: Lease Agreement (HS Spinco, Inc.)
Disbursement of the Tenant Improvement Allowance. Except as otherwise set forth in this Tenant Work Letter, the Tenant Improvement Allowance shall be disbursed by Landlord (each of which disbursements disbursement shall be made pursuant to Landlord’s standard disbursement process), which disbursement process shall require the Architect to make field verifications and written certifications as required by Landlord in connection with Landlord’s disbursements to Contractor (as defined below)) only for the following items and costs (collectively collectively, the “Tenant Improvement Allowance Items”):
(a) 2.2.1 Payment of (i) the fees of the Architect “Architect” and the Engineers “Engineers,” as those terms are defined in Section 3.1 of this Tenant Work Letter, and payment of Tenant’s Project Manager (as defined belowin Section 6.2 of this Tenant Work Letter), (ii) charges for Landlord’s construction consultant and Building engineer, and (iii) payment of the fees incurred by, and the cost of documents and materials supplied by, Landlord and Landlord’s consultants in connection with the preparation and review of the “Construction Drawings (Drawings,” as that term is defined below)in Section 3.1 of this Tenant Work Letter;
(b) 2.2.2 The payment of plan check, permit and license fees relating to construction of the Tenant Improvements;
(c) 2.2.3 The cost of construction of the Tenant Improvements, including, without limitation, any cost contractors’ fees and general conditions, testing and inspection costs, costs of utilities, trash removal, parking and hoists, and the costs of after-–hours freight elevator usage;
(d) 2.2.4 The cost of any changes in the Base, Shell, Shell and Core when such changes are required by the Construction DrawingsDrawings (including if such changes are due to the fact that such work is prepared on an unoccupied basis), such cost to include all direct architectural and/or engineering fees and expenses incurred in connection therewith;
(e) 2.2.5 The cost of any changes to the Construction Drawings or Tenant Improvements required by applicable laws and building codes (collectively, “Code”);
(f) 2.2.6 Sales and use taxestaxes and Title 24 fees;
2.2.7 “Landlord’s Supervision Fee,” as that term is defined in Section 4.3.2 of this Tenant Work Letter;
2.2.8 Signage, security systems, telecommunications and data cabling and furniture up to a maximum of $5.00 per rentable square foot; and
(g) 2.2.9 All other costs to be expended by Landlord in connection with the construction of the Tenant Improvements. In no event shall the Tenant Improvement Allowance Items include any costs of procuring or installing in the Premises any trade fixtures, equipment, furniture, furniture partitions or systems, furnishings, telephone, telecommunications, data and security wiring, cabling and equipment, or other personal property (“Personal Property”) to be used in the Premises by Tenant, and the cost of such Personal Property shall be paid by Tenant.
Appears in 1 contract
Samples: Office Lease (Accelrys, Inc.)
Disbursement of the Tenant Improvement Allowance. Except as otherwise set forth in this Tenant Work Letter, the Tenant Improvement Allowance shall be disbursed by Landlord (each of which disbursements shall be made pursuant to Landlord’s 's disbursement process, which provided that the foregoing shall not serve to alter or modify the process for disbursement of the Moving Allowance under Section 29.33 of this Lease or the process shall require for disbursement of amounts due for "Tenant's TI Representative," as that term is defined in Section 6.8 of this Tenant Work Letter, under the Architect terms of Section 6.8 of this Tenant Work Letter) for costs related to make field verifications the construction of the Tenant Improvements and written certifications as required by Landlord in connection with Landlord’s disbursements to Contractor (as defined below)) only for the following items and costs (collectively collectively, the “"Tenant Improvement Allowance Items”):
(a) Payment of "): (i) payment of the fees of the Architect and the Engineers ("Architect", as that term is defined below), (ii) charges for Landlord’s construction consultant and Building engineerin Section 3.1 of this Tenant Work Letter, and (iii) payment of the fees incurred by, and the cost of documents and materials supplied by, Landlord and Landlord’s 's consultants in connection with the preparation and review of the "Construction Drawings (Drawings," as that term is defined below);
(b) The payment in Section 3.1 of plan check, permit and license fees relating to construction of the this Tenant Improvements;
(c) The cost of construction of the Tenant ImprovementsWork Letter, including, without limitation, the "Systems Plans," as that term is defined in Section 3.4.2 of this Tenant Work Letter, (ii) costs incurred in obtaining any cost of after-hours freight elevator usage;
permits required in connection with the Tenant Improvements, (diii) The the cost of any changes in the Base, Shell, Shell and Core when such changes are required by the Construction Drawings, such cost to include all direct architectural and/or engineering fees and expenses incurred in connection therewith;
; (eiv) The the cost of any changes to the Construction Drawings or Tenant Improvements required by all applicable laws and building codes (collectivelythe "Code"); (v) the "Landlord Supervision Fee", “Code”);
(f) Sales and use taxes; and
(g) All other costs to be expended by Landlord as that term is defined in connection with the construction Section 4.3.2 of the this Tenant Improvements. In no event shall the Tenant Improvement Allowance Items include any costs of procuring or installing in the Premises any trade fixtures, equipment, furniture, furniture partitions or systems, furnishings, telephone, telecommunications, data and security wiring, cabling and equipment, or other personal property (“Personal Property”) to be used in the Premises by TenantWork Letter, and (vi) the cost "Tenant Supervision Fee," as that term is defined in Section 6.8 of such Personal Property shall be paid by Tenantthis Tenant Work Letter (subject to the terms of Section 6.8 of this Tenant Work Letter).
Appears in 1 contract
Samples: Office Lease
Disbursement of the Tenant Improvement Allowance. Except as otherwise set forth in this Tenant Work Letter, the Tenant Improvement Allowance shall be disbursed by Landlord (each of which disbursements disbursement shall be made pursuant to Landlord’s 's standard disbursement process), which disbursement process shall require the Architect to make field verifications and written certifications as required by Landlord in connection with Landlord’s disbursements to Contractor (as defined below)) only for the following items and costs (collectively collectively, the “"Tenant Improvement Allowance Items”"):
(ai) Payment of (i) the fees of the Architect and the Engineers (as such terms are defined below), ) and (ii) charges for Landlord’s construction consultant and Building engineer, and (iii) the fees incurred by, and the cost of documents and materials supplied by, Landlord and Landlord’s 's consultants in connection with the preparation and review of the Construction Drawings (as defined below);
(bii) The payment of plan check, permit and license fees relating to construction of the Tenant Improvements;
(ciii) The cost of construction of the Tenant Improvements, including, without limitation, any cost contractors' fees and general conditions, testing and inspection costs, costs of utilities, trash removal, parking and hoists, and the costs of after-hours freight elevator usage;
(div) The cost of any changes in the Base, Shell, Shell and Core when such changes are required by the Construction DrawingsDrawings (including if such changes are due to the fact that such work is prepared on an unoccupied basis), such cost to include all direct architectural and/or engineering fees and expenses incurred in connection therewith;
(ev) The cost of any changes to the Construction Drawings or Tenant Improvements required by applicable laws Code or any other Requirements;
(vi) Sales and building codes use taxes and Title 24 fees;
(collectively, “Code”vii) The Landlord Supervision Fee (as defined below);
(fviii) Sales and use taxes; and
(g) All all other costs to be expended by Landlord in connection with the design and construction of the Tenant Improvements. In no event shall ;
(ix) the Soft Costs, as defined above (but subject to the cap set forth above); and
(x) the costs of Tenant's project manager (but not to exceed one percent (1%) of the Amount of the disbursed Tenant Improvement Allowance Items include any costs of procuring or installing in (and, if applicable, the Premises any trade fixtures, equipment, furniture, furniture partitions or systems, furnishings, telephone, telecommunications, data and security wiring, cabling and equipment, or other personal property (“Personal Property”) to be used in the Premises by Tenant, and the cost of such Personal Property shall be paid by Tenantdisbursed Additional Allowance)).
Appears in 1 contract
Samples: Lease (Janux Therapeutics, Inc.)
Disbursement of the Tenant Improvement Allowance. Except as otherwise set forth in this Work LetterConstruction Rider, the Tenant Improvement Remainder of the TI Allowance shall be disbursed by Landlord (each of which disbursements shall be made pursuant to Landlord’s 's disbursement process, which disbursement process shall require the Architect to make field verifications and written certifications as required by Landlord in connection with Landlord’s disbursements to Contractor (as defined below)) only for the following items and costs (collectively collectively, the “Tenant Improvement Allowance Items”):
(a) 2.2.1 Payment of (i) the fees of the Architect “Space Planner”, “Architect” and the Engineers (“Engineers”, as those terms are defined below), (ii) charges for Landlord’s construction consultant and Building engineerin Section 3.1 of this Construction Rider, and (iii) payment of the fees incurred by, and the cost of documents and materials supplied by, Landlord and Landlord’s consultants in connection with the preparation and review of the “Construction Drawings Drawings” , as that term is defined in Section 3.1 of this Construction Rider, together with a construction management fee of three percent (3%) of the cost of the Landlord Work as defined below)compensation for Landlord supervision or Landlord administrative fees associated with the Tenant Improvements;
(b) 2.2.2 The payment of plan check, permit and license fees relating to construction of the Tenant Improvements;
(c) 2.2.3 The cost of construction of the Tenant Improvements, Improvements including, without limitation, any cost of after-hours freight elevator usagetesting and inspection costs, hoisting and trash removal costs, and contractors’ fees and general conditions;
(d) 2.2.4 The cost of any changes in the Base, Shell, and Core Base Building work or the Landlord Work when such changes are required by the Construction Drawings, such cost to include all direct architectural and/or engineering fees and expenses incurred in connection therewith;.
(e) 2.2.5 The cost of any changes to the Construction Drawings or Drawings, Tenant Improvements or Landlord’s Work required by applicable laws and building codes (collectively, “Code”);
(f) 2.2.6 Sales and use taxes; andtaxes and Title 24 fee ;
(g) 2.2.7 The cost of the Landlord Work;
2.2.8 All other costs to be expended by Landlord in connection with the construction of the Tenant Improvements. In no event shall ; and
2.2.9 Up to Seventy-five Thousand Dollars ($75,000.00) in FF&E to be acquired by Tenant to the Tenant Improvement Allowance Items include any costs of procuring or installing extent funds remain available in the Premises any trade fixtures, equipment, furniture, furniture partitions or systems, furnishings, telephone, telecommunications, data and security wiring, cabling and equipment, or other personal property (“Personal Property”) to be used in Remainder of the Premises by Tenant, and the cost of TI Allowance for such Personal Property shall be paid by Tenantpurpose.
Appears in 1 contract
Disbursement of the Tenant Improvement Allowance. Except as otherwise ------------------------------------------------ set forth in this Tenant Work Letter, the Tenant Improvement Allowance shall be disbursed by Landlord (each of which disbursements shall be made pursuant to Landlord’s 's disbursement process, which disbursement process shall require the Architect to make field verifications and written certifications as required by Landlord in connection with Landlord’s disbursements to Contractor (as defined below)) only for the following items and costs (collectively collectively, the “"Tenant Improvement Allowance Items”"):
(a) 2.2.1 Payment of (i) the fees of the Architect "Space Planner," "Architect" and the Engineers "Engineers," as those terms are defined in Section 3.1 of this Tenant Work Letter, which payment shall, notwithstanding anything to the contrary contained in this Tenant Work Letter, not exceed an aggregate amount equal to One Dollar (as defined below), (ii$1.00) charges for Landlord’s construction consultant and Building engineerper usable square foot of the Premises, and (iii) payment of the fees incurred by, and the cost of documents and materials supplied by, Landlord and Landlord’s 's consultants in connection with the preparation and review of the "Construction Drawings (Drawings," as that term is defined below)in Section 3.1 of this Tenant Work Letter;
(b) 2.2.2 The payment of plan check, permit and license fees relating to the construction of the Tenant Improvements;
(c) 2.2.3 The cost of construction of the Tenant Improvements, including, without limitation, any cost of after-hours testing and inspection costs, freight elevator usage, hoisting and trash removal costs, and contractors' fees and general conditions;
(d) 2.2.4 The cost of any changes in the Base, Shell, Shell and Core work or the Landlord Work when such changes are required by the Construction DrawingsDrawings (including if such changes are due to the fact that such work is prepared on an unoccupied basis), such cost to include all direct architectural and/or engineering fees and expenses incurred in connection therewith;
(e) 2.2.5 The cost of any changes to the Construction Drawings or Drawings, Tenant Improvements or Landlord's Work required by applicable laws and building codes (collectively, “Code”);
(f) 2.2.6 Sales and use taxestaxes and Title 24 fees;
2.2.7 The cost of the Landlord Work;
2.2.8 Landlord's Supervision Fee", as that term is defined in Section 4.3.2 of this Tenant Work Letter; and
(g) 2.2.9 All other costs to be expended by Landlord in connection with the construction of the Tenant Improvements. In no event shall the Tenant Improvement Allowance Items include any costs of procuring or installing in the Premises any trade fixtures, equipment, furniture, furniture partitions or systems, furnishings, telephone, telecommunications, data and security wiring, cabling and equipment, or other personal property (“Personal Property”) to be used in the Premises by Tenant, and the cost of such Personal Property shall be paid by Tenant.
Appears in 1 contract
Samples: Office Lease (Venture Catalyst Inc)
Disbursement of the Tenant Improvement Allowance. Except as otherwise set forth in this Tenant Work Letter, the Tenant Improvement Allowance shall be disbursed by Landlord (each of which disbursements shall be made pursuant to Landlord’s disbursement process; provided such disbursement process is reasonably approved by Tenant; provided further, which however, such disbursement process shall require be deemed reasonable to the Architect extent it is materially consistent with the disbursement process previously developed and currently in use between Landlord and Reno Contracting) for costs related to make field verifications the construction of the Tenant Improvements and written certifications as required by Landlord in connection with Landlord’s disbursements to Contractor (as defined below)) only for the following items and costs (collectively collectively, the “Tenant Improvement Allowance Items”):
(a) Payment of ): (i) payment of the fees of the Architect “Architect” and the Engineers “Engineers,” as those terms are defined in Section 3.1 of this Tenant Work Letter, reasonable project management fees (as defined belowto the extent Tenant retains a third-party project manager), (ii) charges for Landlord’s construction consultant and Building engineer, and (iii) the fees incurred by, and the cost of documents and materials supplied by, Landlord and Landlord’s consultants in connection with the preparation and review of the Construction Drawings (as defined below);
(b) The payment of plan check, permit and license fees relating to construction of the Tenant Improvements;
(c) The , and payment of the reasonable fees incurred by, and the actual cost of construction reasonably required documents and materials supplied by, Landlord in connection with the preparation and review of the “Construction Drawings,” as that term is defined in Section 3.1 of this Tenant Improvements, including, without limitation, any cost of after-hours freight elevator usage;
Work Letter; (dii) The the cost of any changes in the Base, Shell, Shell and Core when such changes are required by the Construction Drawings, such cost to include all direct architectural and/or engineering fees and expenses incurred in connection therewith;
; (eiii) The the cost of any changes to the Construction Drawings or Tenant Improvements required by all applicable laws Code; (iv) the cost of the Landlord’s Work; (v) the “Landlord Supervision Fee”, as that term is defined in Section 4.3.2 of this Tenant Work Letter; and building codes (collectivelyvi) the cost of Tenant’s signage, “Code”);
security and cabling systems, in an amount not to exceed $5.00 per rentable square foot of the Premises, (fvii) Sales the cost of any meters and use taxes; and
switch gear for Tenant’s utility service, (gviii) All other the costs to be expended by Landlord associated with any commercially reasonable testing and/or inspection of the Base, Shell and Core in connection with the construction of the Tenant Improvements. In no event shall the Tenant Improvement Allowance Items include any costs of procuring or installing in the Premises any trade fixtures, equipment, furniture, furniture partitions or systems, furnishings, telephone, telecommunications, data and security wiring, cabling and equipment, or other personal property (“Personal Property”) to be used in the Premises by Tenant, and the cost of such Personal Property shall be paid by Tenant(ix) sales and use taxes.
Appears in 1 contract
Samples: Office Lease (Memec Inc)
Disbursement of the Tenant Improvement Allowance. Except as otherwise ------------------------------------------------ set forth in this Tenant Work Letter, the Tenant Improvement Allowance shall be disbursed by Landlord (each of which disbursements shall be made pursuant to Landlord’s 's disbursement process, which disbursement process shall require ) for costs related to the Architect to make field verifications construction of the Tenant Improvements and written certifications as required by Landlord in connection with Landlord’s disbursements to Contractor (as defined below)) only for the following items and costs (collectively collectively, the “"Tenant Improvement Allowance Items”):
(a) Payment of "): (i) payment of the fees of the Architect "Architect" and the Engineers "Engineers," as those terms are defined in Section 3.1 of ----------- this Tenant Work Letter (provided that Tenant's right to reimbursement from the Tenant Improvement Allowance for the Architect's fees for preparing the "Preliminary Space Plan," as that term is defined belowin Section 3.1 of this Tenant ----------- Work Letter, shall not exceed $0.12 per usable square foot of space within the Premises), (ii) charges for Landlord’s construction consultant and Building engineer, and (iii) payment of the fees incurred by, and the cost of documents and materials supplied by, Landlord and Landlord’s 's consultants in connection with the preparation and review of the "Construction Drawings Drawings," as that term is defined in Section 3.1 of this Tenant Work Letter; (as defined below);
(bii) The payment of plan check, permit and license fees relating to construction of the Tenant Improvements;
(c) The cost of construction of the Tenant Improvements, including, without limitation, any cost of after-hours freight elevator usage;
(d) The cost of any changes ----------- in the Base, Shell, Shell and Core when such changes are required by the Construction Drawings, such cost to include all direct architectural and/or engineering fees and expenses incurred in connection therewith;
; (eiii) The the cost of any changes to the Construction Drawings or Tenant Improvements required by all applicable laws and building codes (collectively, “the "Code”");
; (fiv) Sales and use taxes; and
(g) All other costs to be expended by Landlord in connection with the construction of the Tenant Improvements. In no event shall the Tenant Improvement Allowance Items include any costs of procuring or installing in the Premises any trade fixtures, equipment, furniture, furniture partitions or systems, furnishings, telephone, telecommunications, data and security wiring, cabling and equipment, or other personal property (“Personal Property”) to be used in the Premises by Tenant, and the cost of such Personal Property shall be paid the Landlord's Work; (v) the "Landlord Supervision Fee", as that term is defined in Section 4.3.2 of this Tenant Work Letter; and (vi) a portion of the ------------- costs, as designated by TenantLandlord, of the tenant demising walls, and public corridor and Lobby walls and materials, if any, as designated by Landlord.
Appears in 1 contract
Samples: Lease (Buy Com Inc)
Disbursement of the Tenant Improvement Allowance. Except as otherwise set forth in this Tenant Work Letter, the Tenant Improvement Allowance shall be disbursed by Landlord (each of which disbursements shall be made pursuant to Landlord’s disbursement process, which disbursement process shall require the Architect to make field verifications and written certifications as required by Landlord in connection with Landlord’s disbursements to Contractor (as defined below)) only for the following items and costs (collectively the “Tenant Improvement Allowance Items”):
(a) 2.2.1 Payment of (i) the fees of the Architect “Architect” and the Engineers (“Engineers,” as those terms are defined below)in Section 3.1 of this Tenant Work Letter, (ii) charges for Landlord’s construction consultant and Building engineerwhich fees shall, notwithstanding anything to the contrary contained in this Tenant Work Letter, not exceed an aggregate amount equal to $3.00 per rentable square foot of the Premises, and (iii) payment of the fees incurred by, and the cost of documents and materials supplied by, Landlord and Landlord’s consultants in connection with the preparation and review of the “Construction Drawings (Drawings,” as that term is defined below)in Section 3.1 of this Tenant Work Letter;
(b) 2.2.2 The payment of plan check, permit and license fees relating to construction of the Tenant Improvements;
(c) 2.2.3 The cost of construction of the Tenant Improvements, including, without limitation, any cost of after-hours freight elevator usagetesting and inspection costs, and trash removal costs, and contractors’ fees and general conditions;
(d) 2.2.4 The cost of any changes in the Base, Shell, and Core Base Building when such changes are required by the Construction Drawings, such cost to include all direct architectural and/or engineering fees and expenses incurred in connection therewith;
(e) 2.2.5 The cost of any changes to the Construction Drawings or Tenant Improvements required by all applicable laws and building codes (collectively, the “Code”); EXHIBIT B 000 XXX XXXXXXXXXX XXXXXX
2.2.6 The cost of connection of the Premises to the Building’s energy management systems;
(f) 2.2.7 The cost of the “Coordination Fee,” as that term is defined in Section 4.2.2 of this Tenant Work Letter;
2.2.8 Sales and use taxestaxes and Title 24 fees; and
(g) 2.2.9 All other costs to be expended by Landlord in connection with the construction of the Tenant Improvements. In no event shall the Tenant Improvement Allowance Items include any costs of procuring or installing in the Premises any trade fixtures, equipment, furniture, furniture partitions or systems, furnishings, telephone, telecommunications, data and security wiring, cabling and equipment, or other personal property (“Personal Property”) to be used in the Premises by Tenant, and the cost of such Personal Property shall be paid by Tenant.
Appears in 1 contract
Samples: Office Lease (Yelp Inc)
Disbursement of the Tenant Improvement Allowance. 2.2.1 Except as otherwise set forth in this Tenant Work Letter, the Tenant Improvement Allowance shall be disbursed by Landlord (each of which disbursements shall be made pursuant to Landlord’s 's disbursement process, which disbursement process shall require the Architect to make field verifications and written certifications as required by Landlord in connection with Landlord’s disbursements to Contractor (as defined below)) only for the following items and costs (collectively collectively, the “"Tenant Improvement Allowance Items”"):
(a) 2.2.1.1 Payment of (i) the fees of the Architect "Architect" and the Engineers ("Engineers," as those terms are defined below)in Section 3.1 of this Tenant Work Letter, (ii) charges for Landlord’s construction consultant and Building engineerwhich fees shall, notwithstanding anything to the contrary contained in this Tenant Work Letter, not exceed an aggregate amount equal to $8.00 per rentable square foot of the Premises, and (iii) payment of the third-party out-of-pocket fees incurred by, and the cost of documents and materials supplied by, Landlord and Landlord’s 's consultants in connection with the preparation and review of the "Construction Drawings (Drawings," as that term is defined below)in Section 3.1 of this Tenant Work Letter;
(b) 2.2.1.2 The payment of plan check, permit and license fees relating to construction of the Tenant Improvements;
(c) 2.2.1.3 The cost of construction of the Tenant Improvements, including, without limitation, any cost of after-hours freight elevator usagetesting and inspection costs, hoisting and trash removal costs, and contractors' fees and general conditions;
(d) 2.2.1.4 The cost of any changes in the Base, Shell, Shell and Core when such changes are required by the Construction DrawingsDrawings (including if such changes are due to the fact that such work is prepared on an unoccupied basis), such cost to include all direct architectural and/or engineering fees and expenses incurred in connection therewith;
(e) 2.2.1.5 The cost of any changes to the Construction Drawings or Tenant Improvements required by all applicable laws and building codes (collectively, “the "Code”");
(f) 2.2.1.6 The cost of Tenant's Signage;
2.2.1.7 The cost of the "PMA Fee," as that term is defined in Section 4.3.2 of this Tenant Work Letter;
2.2.1.8 The cost of Tenant's project manager;
2.2.1.9 Sales and use taxestaxes and Title 24 fees; and
(g) 2.2.1.10 The cost of installing Tenant's telephone and data cabling in the Premises, not exceed an aggregate amount equal to $5.00 per rentable square foot of the Premises;
2.2.1.11 All other costs to be expended by Landlord in connection with the construction of the Tenant Improvements, provided such costs have been reasonably approved by Tenant in advance. In no event shall Tenant will not be charged for freight elevator use, utilities, parking, staging area (if any) use or similar fees in connection with the construction of the Tenant Improvement Allowance Items include any costs of procuring or installing in the Premises any trade fixtures, equipment, furniture, furniture partitions or systems, furnishings, telephone, telecommunications, data and security wiring, cabling and equipment, or other personal property (“Personal Property”) to be used in the Premises by Tenant, and the cost of such Personal Property shall be paid by TenantImprovements.
Appears in 1 contract
Samples: Lease (Sorrento Therapeutics, Inc.)
Disbursement of the Tenant Improvement Allowance. Except as otherwise set forth in this Tenant Work Letter, the Tenant Improvement Allowance shall be disbursed by Landlord (each of which disbursements shall be made pursuant to Landlord’s disbursement process, which disbursement process shall require the Architect to make field verifications and written certifications as required by Landlord in connection with Landlord’s disbursements to Contractor (as defined below)) only for the following items and costs (collectively collectively, the “Tenant Improvement Allowance Items”):
(a) 2.2.1 Payment of (i) the fees of the Architect “Architect” and the Engineers (“Engineers,” as those terms are defined below)in Section 3.1 of this Tenant Work Letter, (ii) charges for Landlord’s construction consultant and Building engineerwhich fees shall, notwithstanding anything to the contrary contained in this Tenant Work Letter, not exceed an aggregate amount equal to $3.00 per rentable square foot of the Premises, and (iii) payment of the fees incurred by, and the cost of documents and materials supplied by, Landlord and Landlord’s consultants in connection with the preparation and review of the “Construction Drawings (Drawings,” as that term is defined below)in Section 3.1 of this Tenant Work Letter;
(b) 2.2.2 The payment of plan check, permit and license fees relating to construction of the Tenant Improvements;
(c) 2.2.3 The cost of construction of the Tenant Improvements, including, without limitation, any cost of after-hours testing and inspection costs, freight elevator usage, hoisting and trash removal costs, and contractors’ fees and general conditions;
(d) 2.2.4 The cost of any changes in the Base, Shell, Shell and Core when such changes are required by the Construction DrawingsDrawings (including if such changes are due to the fact that such work is prepared on an unoccupied basis), such cost to include all direct architectural and/or engineering fees and expenses incurred in connection therewith;; EXHIBIT B [535 Mission Street]
(e) 2.2.5 The cost of any changes to the Construction Drawings or Tenant Improvements required by all applicable laws and building codes (collectively, the “Code”);
(f) Sales and use taxes; and
(g) All other costs to be expended by Landlord in 2.2.6 The cost of connection with the construction of the Tenant Improvements. In no event shall Premises to the Tenant Improvement Allowance Items include any costs of procuring or installing in the Premises any trade fixtures, equipment, furniture, furniture partitions or Building’s energy management systems, furnishings, telephone, telecommunications, data and security wiring, cabling and equipment, or other personal property (“Personal Property”) to be used in the Premises by Tenant, and the cost of such Personal Property shall be paid by Tenant.;
Appears in 1 contract
Samples: Office Lease (Trulia, Inc.)
Disbursement of the Tenant Improvement Allowance. Except as otherwise set forth in this Work Letter, During the Tenant Improvement Allowance shall be disbursed by Landlord (each of which disbursements shall be made pursuant to Landlord’s disbursement process, which disbursement process shall require the Architect to make field verifications and written certifications as required by Landlord in connection with Landlord’s disbursements to Contractor (as defined below)) only for the following items and costs (collectively the “Tenant Improvement Allowance Items”):
(a) Payment of (i) the fees of the Architect and the Engineers (as defined below), (ii) charges for Landlord’s construction consultant and Building engineer, and (iii) the fees incurred by, and the cost of documents and materials supplied by, Landlord and Landlord’s consultants in connection with the preparation and review of the Construction Drawings (as defined below);
(b) The payment of plan check, permit and license fees relating to construction of the Tenant Improvements;
(c) The cost of construction of the Tenant Improvements, including, without limitation, any cost Landlord shall make disbursements of after-hours freight elevator usage;the Phase Tenant Improvement Allowances as follows:
(di) The cost Once the build-out of any changes the Shell Space is fifty percent (50%) complete, Landlord shall disburse fifty percent (50%) of the Phase Tenant Improvement Allowance upon receipt of the following: (A) a certification of the Contractor approved by Tenant, in a form to be provided by Landlord, showing the schedule, by trade, of percentage of completion of the Tenant Improvements for such phase in the BaseShell Space, Shell, detailing the portion of the work completed and Core when such changes are required by the Construction Drawings, such cost to include portion not completed; (B) invoices from all direct architectural and/or engineering fees of Tenant’s Agents for labor rendered and expenses incurred in connection therewith;
(e) The cost of any changes materials delivered to the Construction Drawings or Tenant Improvements required by applicable laws and building codes (collectively, “Code”);
(f) Sales and use taxes; and
(g) All other costs to be expended by Landlord Shell Space in connection with such Tenant Improvements; and (C) executed partial lien releases from all of Tenant’s Agents which shall comply with the appropriate provisions, as reasonably determined by Landlord, of Colorado law covering labor rendered and materials delivered to the Shell Space with respect to the Tenant Improvements. Tenant’s request for payment shall be deemed Tenant’s acceptance and approval of the work furnished and/or the materials supplied as set forth in Tenant’s payment request. Landlord shall disburse such fifty percent (50%) portion of the Phase Tenant Improvement Allowance covered by such request for payment within thirty (30) days after receipt of the items described in this Section 4(b)(i). Notwithstanding the foregoing to the contrary, in no event shall the amount of the disbursement of Phase Tenant Improvement Allowance exceed the aggregate amount of the invoices provided pursuant to clause (B) above.
(ii) Once the build-out of the Shell Space for such phase is one hundred percent (100%) complete, Landlord shall disburse the remaining fifty percent (50%) of the Phase Tenant Improvement Allowance upon receipt of the following: (A) a Certificate of Occupancy from the City of Boulder; (B) invoices from all of Tenant’s Agents for labor rendered and materials delivered to the Shell Space with respect to such Tenant Improvements since the disbursement of the Phase Tenant Improvement Allowance provided in Section 4(b)(i) above; and (C) executed full and final lien releases from all of Tenant’s Agents which shall comply with the appropriate provisions, as reasonably determined by Landlord, of Colorado law, covering all labor rendered and materials delivered to the Shell Space with respect to the Tenant Improvements. Landlord shall disburse such fifty percent (50%) portion of the Phase Tenant Improvement Allowance covered by such request for payment within thirty (30) days after receipt of the items described in this Section 4(b)(ii). Notwithstanding the foregoing to the contrary, in no event shall the amount of the disbursement of Phase Tenant Improvement Allowance exceed the aggregate amount of the invoices provided pursuant to clause (B) above.
(iii) Notwithstanding anything contained herein to the contrary, Landlord shall not be required to disburse any portion of the Phase Tenant Improvement Allowance at any time that Tenant is in default under the terms of the Lease or this Work Letter.
(iv) The Tenant Improvement Allowance may be used only for architecture and engineering fees, permit fees, construction management fees and construction costs relating to the design and construction of the Tenant Improvements. In no event shall No portion of the Tenant Improvement Allowance Items include may be applied on account of any other costs or expenses, including, without limitation, the cost of procuring or installing in the Premises any equipment, trade fixtures, equipmentmoving expenses, furniture, furniture partitions signage or systems, furnishings, telephone, telecommunications, data and security wiring, cabling and equipment, or other personal property (“Personal Property”) to be used in the Premises by Tenant, and the cost of such Personal Property shall be paid by Tenantfree rent.
Appears in 1 contract
Disbursement of the Tenant Improvement Allowance. Except as otherwise set forth in this Tenant Work Letter, the Tenant Improvement Allowance shall be disbursed by Landlord (each of which disbursements shall be made pursuant to Landlord’s disbursement process) for costs related to the design, which disbursement process shall require permitting, processing, or construction of the Architect Tenant Improvements or otherwise incurred as a result of managing the Tenant Improvement process; including but not limited to make field verifications and written certifications as required by Landlord in connection with Landlord’s disbursements to Contractor (as defined below)) only for the following items and costs (collectively collectively, the “Tenant Improvement Allowance Items”):
(a) Payment of ): (i) payment of the fees and expenses of any space planner used by the Architect Landlord, including Architectural Technologies as the primary Architect/Space Planner, and the Engineers (Engineers, as those terms are defined below), (ii) charges for Landlord’s construction consultant and Building engineer, and (iii) payment of the fees incurred by, and the cost of documents and materials supplied by, Landlord and Landlord’s consultants in connection with the preparation and review of the Construction Drawings Documents, as such term is defined in Section 3.1 of this Tenant Work Letter; (as defined below);
ii) the cost of governmental permits; (biii) The payment the cost of plan checkany changes to the Construction Documents or Tenant Improvements required by applicable building codes, permit including but not limited to the 2010 Green Building Standards Code, and license fees relating to construction the cost of the Tenant Improvements;
development of an indoor air quality management plan during construction, conformance with SMACNA indoor air quality guidelines, protection of installed absorptive materials, installation of MERV 8 filters, and replacement of filtration media prior to occupancy if the system is used during construction; and (civ) The the cost of construction of the Tenant Improvements, including, without limitation, any cost of testing and inspection costs, trash removal costs, parking fees, after-hours freight elevator utilities usage;
(d) The , and contractors’ fees and general conditions. Notwithstanding anything to the contrary contained in this Exhibit E-2 or the Lease, if the Tenant Improvement Allowance is greater than the cost of any changes in the Base, Shell, and Core when such changes are required by the Construction Drawings, such cost to include all direct architectural and/or engineering fees and expenses incurred in connection therewith;
(e) The cost of any changes to the Construction Drawings or Tenant Improvements required by applicable laws and building codes (collectively, “Code”);
(f) Sales and use taxes; and
(g) All other costs to be expended by Landlord in connection with the construction of the Tenant Improvements. In no event shall the Tenant Improvement Allowance Items include any costs incurred on or before the twelve (12) month anniversary of procuring or installing in the Premises any trade fixturesCommencement Date, equipment, furniture, furniture partitions or systems, furnishings, telephone, telecommunications, data and security wiring, cabling and equipment, or other personal property (“Personal Property”) to be used in the Premises by Tenant, and the cost of such Personal Property excess shall be paid retained by TenantLandlord and Landlord shall have no further obligation to disburse such excess as a Tenant Improvement Allowance.
Appears in 1 contract
Samples: Lease Agreement (OMNICELL, Inc)
Disbursement of the Tenant Improvement Allowance. Except as otherwise set forth in this Work Letter, the Tenant Improvement Allowance shall be disbursed by Landlord (each of which disbursements disbursement shall be made pursuant to Landlord’s standard disbursement process), which disbursement process shall require the Architect to make field verifications and written certifications as required by Landlord in connection with Landlord’s disbursements to Contractor (as defined below)) only for the following items and costs (collectively collectively, the “Tenant Improvement Allowance Items”):
(a) Payment 2.2.1 payment of (i) the fees of the Architect “Architect” and the Engineers (“Engineers”, as those terms are defined below), (ii) charges for Landlord’s construction consultant and Building engineerin Section 3.1 of this Work Letter, and (iii) payment of the fees incurred by, and the cost of documents and materials supplied by, Landlord and Landlord’s consultants in connection with the preparation and review of the “Construction Drawings (Drawings”, as that term is defined below)in Section 3.1 of this Work Letter;
(b) The 2.2.2 the payment of plan check, permit and license fees relating to construction of the Tenant Improvements;
(c) The 2.2.3 the cost of construction of the Tenant Improvements, including, without limitation, any cost contractors’ fees and general conditions, testing and inspection costs, costs of utilities, trash removal, parking and hoists, and the costs of after-hours freight elevator usage;
(d) The 2.2.4 the cost of any changes in the Base, Shell, Shell and Core when such changes are required by the Construction DrawingsDrawings (including if such changes are due to the fact that such work is prepared on an unoccupied basis), such cost to include all direct architectural and/or engineering fees and expenses incurred in connection therewith;
(e) The 2.2.5 the cost of any changes to the Construction Drawings or Tenant Improvements required by Code or any other applicable laws and building codes (collectively, “Code”)laws;
(f) Sales 2.2.6 sales and use taxestaxes and Title 24 fees;
2.2.7 the costs and expenses associated with complying with all national, state and local codes, including California Energy Code, Title 24, including, without limitation, all costs associated with any lighting or HVAC retrofits required thereby;
2.2.8 the “Landlord Supervision Fee”, as that term is defined in Section 4.3.2 of this Work Letter; and
(g) All 2.2.9 all other costs to be expended by Landlord in connection with the construction of the Tenant Improvements. In no event shall the Tenant Improvement Allowance Items include any costs of procuring or installing in the Premises any trade fixtures, equipment, furniture, furniture partitions or systems, furnishings, telephone, telecommunications, data and security wiring, cabling and equipment, or other personal property (“Personal Property”) to be used in the Premises by Tenant, and the cost of such Personal Property shall be paid by Tenant.
Appears in 1 contract
Samples: Office Lease (Xactly Corp)
Disbursement of the Tenant Improvement Allowance. (a) Except as otherwise set forth in this Work Letter, the Tenant Improvement Allowance Allowance, or the portion thereof to be paid to Tenant hereunder, shall be disbursed by Landlord (each on a monthly basis in the manner provided herein for costs related to the construction of which disbursements shall be made pursuant to Landlord’s disbursement process, which disbursement process shall require the Architect to make field verifications and written certifications as required by Landlord in connection with Landlord’s disbursements to Contractor (as defined below)) Tenant Improvements but only for the following items and costs reasonably approved in writing by Landlord (collectively whether in advance or not) (collectively, the “Tenant Improvement Allowance Items”):).
(ab) Payment At such time as Tenant shall desire to obtain a disbursement of any portion of the Tenant Improvement Allowance (a “Disbursement”), but in no event more than once per calendar month, Tenant shall execute and deliver to Landlord a request (a “Draw Request”) for such Disbursement, in a form and substance reasonably satisfactory to Landlord and with such supporting documentation and information as Landlord may reasonably require (the “Supporting Documents”), and including, without limitation (i) invoices from Tenant, Tenant’s Contractor, Tenant’s Architect, and/or all of Tenant’s subcontractors, laborers, materialmen, and suppliers retained directly or indirectly by Tenant (together with Tenant’s Contractor and Tenant’s Architect, “Tenant’s Agents”) for labor rendered and materials delivered to the fees of the Architect and the Engineers (as defined below)Premises, (ii) charges for executed unconditional and irrevocable, final mechanic’s lien releases from all of Tenant’s Agents in statutory form which shall comply with Applicable Laws, (iii) if required by Landlord, a certificate from Tenant’s construction consultant and Building engineerArchitect indicating that the portion of the Tenant’s Work covered by such Draw Request has been completed in accordance with the Approved Construction Plans, and (iiiiv) all other information reasonably requested by Landlord. Landlord shall, within twenty (20) days after receiving a Draw Request including the fees incurred byitems described in clauses (i)-(iv) above, and disburse to Tenant (or, at Tenant’s election, directly to Tenant’s Contractor and/or Tenant’s Architect) ninety percent (90%) of the cost of documents and materials supplied by, Landlord and Landlord’s consultants in connection requested Disbursement (with the preparation and review of remaining 10% being referred to herein as the Construction Drawings (as defined below“Retainage”);
(b) The payment of plan check, permit and license fees relating to construction of the Tenant Improvements;.
(c) The Retainage shall not be disbursed to Tenant until the last to occur of the following (unless waived in writing by Landlord), at which time the Tenant’s Work shall be deemed to be completed: Landlord’s receipt of (i) invoices from Tenant and/or all of Tenant’s Agents, (ii) executed unconditional and irrevocable, final mechanic’s lien releases from all of Tenant’s Agents in statutory form which shall comply with Applicable Laws, (iii) a copy of a final certificate of occupancy for the Premises (or the substantial equivalent thereof reasonably acceptable to Landlord, which may include a temporary certificate of occupancy with only those conditions reasonably acceptable to Landlord, or a sign-off by the building inspector which allows occupancy pending a certificate of occupancy with only those conditions reasonably acceptable to Landlord), (iv) copies of all building and other licenses and permits with appropriate sign-offs required under Applicable Laws, (v) Landlord, its architect or other authorized designee of Landlord (at Landlord’s sole cost of construction and expense and not as part of the Tenant ImprovementsImprovement Allowance) shall have inspected the Premises and approved Tenant’s Work; (vi) Tenant has furnished Landlord with copies of all as built plans and specifications, includingoperational manuals and guarantees/warranties for all of the work; (vii) a certificate from Tenant’s Architect (if required by Landlord) indicating that the Tenant’s Work has been completed in accordance with the Approved Construction Plans; (viii) all other information reasonably requested by Landlord, without limitation, any cost and (ix) an unconditional and irrevocable acceptance of after-hours freight elevator usage;the Premises by Tenant. Tenant’s request for payment of the Tenant Improvement Allowance shall be deemed Tenant’s acceptance and approval of the work furnished and/or the materials supplied as set forth in Tenant’s payment request.
(d) The cost of any changes in the Base, Shell, and Core when such changes are required by the Construction Drawings, such cost to include all direct architectural and/or engineering fees and expenses incurred in connection therewith;
(e) The cost of any changes Notwithstanding anything to the Construction Drawings or Tenant Improvements required by applicable laws and building codes contrary herein, (collectively, “Code”);
(fi) Sales and use taxes; and
(g) All other costs Landlord shall not be obligated to be expended by Landlord in connection with the construction disburse any portion of the Tenant Improvements. In no event shall the Tenant Improvement Allowance Items include any costs during the continuance of procuring or installing in a default under the Premises any trade fixtures, equipment, furniture, furniture partitions or systems, furnishings, telephone, telecommunications, data and security wiring, cabling and equipment, or other personal property (“Personal Property”) to be used in the Premises by TenantLease, and Landlord’s obligation to disburse any portion of the cost of Tenant Improvement Allowance shall only resume when and if such Personal Property default is cured, and (ii) if Tenant’s Work is not deemed completed (pursuant to Section 4(c) hereinabove) on or before the date that is six (6) months from the date hereof, Tenant shall not be paid entitled to any further Disbursements and shall reimburse Landlord for any prior Disbursements made by TenantLandlord.
Appears in 1 contract
Samples: Lease Agreement (Macrovision Corp)
Disbursement of the Tenant Improvement Allowance. Except as otherwise set forth in this Tenant Work Letter, the Tenant Improvement Allowance shall be disbursed by Landlord (each of which disbursements shall be made pursuant to Landlord’s disbursement process, which disbursement process shall require the Architect to make field verifications and written certifications as required by Landlord in connection with Landlord’s disbursements to Contractor (as defined below)) only for the following items and costs (collectively collectively, the “Tenant Improvement Allowance Items”):
(a) 2.2.1 Payment of (i) the fees of the Architect “Architect” and the Engineers (“Engineers,” as those terms are defined below)in Section 3.1 of this Tenant Work Letter, (ii) charges for Landlord’s construction consultant and Building engineerwhich fees shall, notwithstanding anything to the contrary contained in this Tenant Work Letter, not exceed an aggregate amount equal to $3.00 per rentable square foot of the Premises, and (iii) payment of the fees incurred by, and the cost of documents and materials supplied by, Landlord and Landlord’s consultants in connection with the preparation and review of the “Construction Drawings (Drawings,” as that term is defined below)in Section 3.1 of this Tenant Work Letter;
(b) 2.2.2 The payment of plan check, permit and license fees relating to construction of the Tenant Improvements;
(c) 2.2.3 The cost of construction of the Tenant Improvements, including, without limitation, any cost of after-hours testing and inspection costs, freight elevator usage, hoisting and trash removal costs, and contractors’ fees and general conditions;
(d) 2.2.4 The cost of any changes in the Base, Shell, Shell and Core when such changes are required by the Construction DrawingsDrawings (including if such changes are due to the fact that such work is prepared on an unoccupied basis), such cost to include all direct architectural and/or engineering fees and expenses incurred in connection therewith;
(e) 2.2.5 The cost of any changes to the Construction Drawings or Tenant Improvements required by all applicable laws and building codes (collectively, the “Code”);
(f) 2.2.6 The cost of connection of the Premises to the Building’s energy management systems;
2.2.7 The cost of the “Landlord Supervision Fee,” as that term is defined in Section 4.3.2 of this Tenant Work Letter; 607152.05/WLA EXHIBIT B [Nighthawk Radiology Services, LLC] E2621-081/1-8-07/kt/kt -2- [AMLGMN]
2.2.8 Sales and use taxestaxes and Title 24 fees; and
(g) 2.2.9 All other costs to be expended by Landlord in connection with the construction of the Tenant Improvements. In no event shall the Tenant Improvement Allowance Items include any costs of procuring or installing in the Premises any trade fixtures, equipment, furniture, furniture partitions or systems, furnishings, telephone, telecommunications, data and security wiring, cabling and equipment, or other personal property (“Personal Property”) to be used in the Premises by Tenant, and the cost of such Personal Property shall be paid by Tenant.
Appears in 1 contract
Disbursement of the Tenant Improvement Allowance. 2.2.1 Except as otherwise set forth in this Tenant Work Letter, the Tenant Improvement Allowance shall be disbursed by Landlord (each of which disbursements shall be made pursuant to Landlord’s disbursement process, which disbursement process shall require the Architect to make field verifications and written certifications as required by Landlord in connection with Landlord’s disbursements to Contractor (as defined below)) only for the following items and costs (collectively collectively, the “Tenant Improvement Allowance Items”):
(a) 2.2.1.1 Payment of (i) the fees of the Architect “Architect” and the Engineers (“Engineers,” as those terms are defined below)in Section 3.1 of this Tenant Work Letter, (ii) charges for Landlord’s construction consultant and Building engineerwhich fees shall, notwithstanding anything to the contrary contained in this Tenant Work Letter, not exceed an aggregate amount equal to $8.00 per rentable square foot of the Premises, and (iii) payment of the third-party out-of-pocket fees incurred by, and the cost of documents and materials supplied by, Landlord and Landlord’s consultants in connection with the preparation and review of the “Construction Drawings (Drawings,” as that term is defined below)in Section 3.1 of this Tenant Work Letter;
(b) 2.2.1.2 The payment of plan check, permit and license fees relating to construction of the Tenant Improvements;
(c) 2.2.1.3 The cost of construction of the Tenant Improvements, including, without limitation, any cost of after-hours freight elevator usagetesting and inspection costs, hoisting and trash removal costs, and contractors’ fees and general conditions;
(d) 2.2.1.4 The cost of any changes in the Base, Shell, Shell and Core when such changes are required by the Construction DrawingsDrawings (including if such changes are due to the fact that such work is prepared on an unoccupied basis), such cost to include all direct architectural and/or engineering fees and expenses incurred in connection therewith;
(e) 2.2.1.5 The cost of any changes to the Construction Drawings or Tenant Improvements required by all applicable laws and building codes (collectively, the “Code”);
(f) 2.2.1.6 The cost of Tenant’s Signage;
2.2.1.7 The cost of the “Landlord Coordination Fee,” as that term is defined in Section 4.1.1 of this Tenant Work Letter;
2.2.1.8 The cost of Tenant’s project manager, not to exceed $75,000.00;
2.2.1.9 Sales and use taxestaxes and Title 24 fees; and
2.2.1.10 The cost of installing Tenant’s telephone and data cabling in the Premises, not exceed an aggregate amount equal to $5.00 per rentable square foot of the Premises;
2.2.1.11 The cost of furniture, fixtures and equipment (gFF&E) to be installed or located at the Premises, not to exceed $5.00 per rentable square foot of the Premises.
2.2.1.12 All other costs to be expended by Landlord in connection with the construction of the Tenant Improvements, provided such costs have been reasonably approved by Tenant in advance. In no event shall EXHIBIT B -3- HCP, INC. Sorrento Gateway [Sorrento Therapeutics, Inc.] Tenant will not be charged for freight elevator use, utilities, parking, staging area (if any) use or similar fees in connection with the construction of the Tenant Improvement Allowance Items include any costs of procuring or installing in the Premises any trade fixtures, equipment, furniture, furniture partitions or systems, furnishings, telephone, telecommunications, data and security wiring, cabling and equipment, or other personal property (“Personal Property”) to be used in the Premises by Tenant, and the cost of such Personal Property shall be paid by Tenant.Improvements. Section 3 CONSTRUCTION DRAWINGS
Appears in 1 contract
Samples: Lease (Sorrento Therapeutics, Inc.)
Disbursement of the Tenant Improvement Allowance. Except as otherwise set forth in this Tenant Work Letter, the Tenant Improvement Allowance shall be disbursed by Landlord (each of which disbursements shall be made pursuant to Landlord’s 's disbursement process, which disbursement process shall require the Architect to make field verifications and written certifications as required by Landlord in connection with Landlord’s disbursements to Contractor (as defined below)) only for the following items and costs (collectively collectively, the “"Tenant Improvement Allowance Items”"):
(a) 2.2.1 Payment of (i) the fees of the Architect "Architect" and the Engineers ("Engineers," as those terms are defined below)in Section 3.1 of this Tenant Work Letter, (ii) charges for Landlord’s construction consultant and Building engineerwhich fees shall, notwithstanding anything to the contrary contained in this Tenant Work Letter, and (iii) payment of the fees incurred by, and the cost of documents and materials supplied by, Landlord and Landlord’s 's consultants in connection with the preparation and review of the "Construction Drawings (Drawings," as that term is defined below)in Section 3.1 of this Tenant Work Letter;
(b) 2.2.2 The payment of plan check, permit and license fees relating to construction of the Tenant Improvements;
(c) 2.2.3 The cost of construction of the Tenant Improvements, including, without limitation, any cost of after-hours testing and inspection costs, freight elevator usage, hoisting and trash removal costs, and contractors' fees and general conditions;
(d) 2.2.4 The cost of any changes in the Base, Shell, Shell and Core when such changes are required by the Construction DrawingsDrawings (including if such changes are due to the fact that such work is prepared on an unoccupied basis), such cost to include all direct architectural and/or engineering fees and expenses incurred in connection therewith;
(e) 2.2.5 The cost of any changes to the Construction Drawings or Tenant Improvements required by all applicable laws and building codes (collectively, “the "Code”");
(f) 2.2.6 The cost of connection of the Premises to the Building's energy management systems;
2.2.7 The cost of the "Landlord Supervision Fee," as that term is defined in Section 4.3.2 of this Tenant Work Letter;
2.2.8 Sales and use taxestaxes and Title 24 fees; and
(g) 2.2.9 All other costs to be expended by Landlord in connection with the construction of the Tenant Improvements. In no event shall the Tenant Improvement Allowance Items include any costs of procuring or installing in the Premises any trade fixtures, equipment, furniture, furniture partitions or systems, furnishings, telephone, telecommunications, data and security wiring, cabling and equipment, or other personal property (“Personal Property”) to be used in the Premises by Tenant, and the cost of such Personal Property shall be paid by Tenant.
Appears in 1 contract
Samples: Office Lease (Zeltiq Aesthetics Inc)
Disbursement of the Tenant Improvement Allowance. Except as otherwise set forth in this Tenant Work Letter, the Tenant Improvement Allowance shall be disbursed by Landlord (each of which disbursements shall be made pursuant to Landlord’s disbursement process, which disbursement process shall require the Architect to make field verifications and written certifications as required by Landlord in connection with Landlord’s disbursements to Contractor (as defined described at 2.3 below)) only for the following items and costs (collectively collectively, the “Tenant Improvement Allowance Items”):
(a) 2.2.1 Payment of (i) the fees of the Architect Tenant’s architect and the Engineers (as defined below), (ii) charges for Landlord’s construction consultant and Building engineer, and (iii) the fees incurred byengineers, and the cost of documents and materials supplied by, Landlord and LandlordTenant’s consultants in connection with the preparation and review of the Construction Drawings (as defined below)Space Plan and the Approved Working Drawings;
(b) 2.2.2 The payment of plan check, permit and license fees relating to construction of the Tenant Improvements;
(c) 2.2.3 The cost of construction of the Tenant Improvements, including, without limitation, any cost of after-hours freight elevator usagetesting and inspection costs, and contractors’ fees and general conditions;
(d) 2.2.4 The cost of any changes in the Basebase, Shell, shell and Core core when such changes are required by the Construction DrawingsApproved Working Drawings (including if such changes are due to the fact that such work is prepared on an unoccupied basis), such cost to include all direct architectural and/or engineering fees and expenses incurred in connection therewith;
(e) 2.2.5 The cost of any changes to the Construction Approved Working Drawings or Tenant Improvements required by all applicable laws and building codes (collectively, the “Code”);
(f) 2.2.6 The cost of connection of the Premises to the Building’s energy management systems;
2.2.7 The cost of the “Landlord Supervision Fee,” as that term is defined below;
2.2.8 Sales and use taxestaxes and Title 24 fees; and
(g) 2.2.9 All other costs to be expended by Landlord in connection with the construction of the Tenant Improvements. Tenant shall supervise and manage the construction of the Tenant Improvements. In no event recognition of the support being offered by Landlord and engineers employed by Landlord who will assist with matters ancillary to the Tenant Improvements, Tenant shall pay a construction supervision and management fee (the “Landlord Supervision Fee”) to Landlord in an amount equal to two percent (2%) of the Tenant Improvement Allowance Items include any costs of procuring or installing in the Premises any trade fixtures, equipment, furniture, furniture partitions or systems, furnishings, telephone, telecommunications, data and security wiring, cabling and equipment, or other personal property (“Personal Property”) to be used in the Premises by Tenant, and the cost of such Personal Property shall be paid by TenantAllowance.
Appears in 1 contract
Disbursement of the Tenant Improvement Allowance. Except as otherwise set forth Provided Tenant is not in default following the giving of notice and passage of any applicable cure period under the 1131701.06/SF372493-00050/1-31-20/pwn/pwn B-4 Lease or this Work Letter, Landlord shall disburse the Tenant Improvement Allowance shall be disbursed by Landlord (each of which disbursements shall be made pursuant to Landlord’s disbursement process, which disbursement process shall require the Architect Tenant to make field verifications and written certifications as required by Landlord in connection with Landlord’s disbursements to Contractor (as defined below)) only reimburse Tenant for the following items and actual construction costs (collectively the “which Tenant Improvement Allowance Items”):
(a) Payment of (i) the fees of the Architect and the Engineers (as defined below), (ii) charges for Landlord’s construction consultant and Building engineer, and (iii) the fees incurred by, and the cost of documents and materials supplied by, Landlord and Landlord’s consultants in connection with the preparation and review of the Construction Drawings (as defined below);
(b) The payment of plan check, permit and license fees relating to construction of the Tenant Improvements;
(c) The cost of construction of the Tenant Improvements, including, without limitation, any cost of after-hours freight elevator usage;
(d) The cost of any changes in the Base, Shell, and Core when such changes are required by the Construction Drawings, such cost to include all direct architectural and/or engineering fees and expenses incurred in connection therewith;
(e) The cost of any changes to the Construction Drawings or Tenant Improvements required by applicable laws and building codes (collectively, “Code”);
(f) Sales and use taxes; and
(g) All other costs to be expended by Landlord incurs in connection with the construction of the Tenant Improvements within thirty (30) days after Xxxxxx’s satisfaction of the following conditions:
(i) Landlord has received the following “Evidence of Completion and Payment” with respect to the Tenant’s Work:
(A) Tenant has delivered to Landlord a draw request (“Draw Request”) in a form satisfactory to Landlord and Landlord’s lender with respect to the Tenant Improvements specifying that the Tenant’s Work has been completed, together with invoices, receipts and bills evidencing the costs and expenses and evidence of payment by Tenant for all costs which are payable in connection with the Tenant’s Work. The Draw Request shall constitute a representation by Tenant that the Tenant’s Work identified has been completed in a good and workmanlike manner and in accordance with the Final Plans and has been paid for;
(B) The architect for the Tenant Improvements has certified to Landlord that the Tenant Improvements have been completed in accordance with the Final Plans;
(C) Xxxxxx has delivered to Landlord such other evidence of Tenant’s payment of the general contractor and subcontractors for the Tenant’s Work and the absence of any liens generated by the Tenant’s Work as may be required by Landlord (i.e., either unconditional lien releases in accordance with the applicable provisions of the California Civil Code);
(D) Landlord or Xxxxxxxx’s architect or construction representative has inspected the Tenant Improvements and determined that the Tenant’s Work has been completed in a good and workmanlike manner;
(ii) Thirty-five (35) days shall have elapsed following the filing of a valid notice of completion by Tenant for the Tenant Improvements. In ;
(iii) A certificate of occupancy for the Tenant Improvements and the Premises has been issued by the appropriate governmental body;
(iv) Tenant has delivered to Landlord: (i) properly executed mechanics lien releases from all of Tenant’s contractors, agents and suppliers in compliance with the applicable provisions of the California Civil Code, which lien releases shall be conditional with respect to the then-requested payment amounts and unconditional with respect to payment amounts previously disbursed by Landlord; (ii) an application and certificate for payment (AIA form G702-1992 or equivalent) signed by Tenant’s architect/space planner; (iii) original stamped building permit plans; (iv) copy of the building permit; (v) original stamped building permit inspection card with all final sign-offs; (vi) a reproducible copy (in a form approved by Landlord) of the “as-built” drawings of the Tenant Improvements; (vii) air balance reports; (viii) excess energy use calculations; (ix) one year warranty letters from Tenant’s contractors; (x) manufacturer’s warranties and operating instructions; (xi) final punchlist completed and signed off by Xxxxxx’s architect/space planner; and (xii) an acceptance of the Premises signed by Xxxxxx;
(v) Landlord has determined that no event shall work exists which adversely affects the mechanical, electrical, plumbing, heating, ventilating and air conditioning, life-safety or other systems of the Building, the curtain wall of the Building, the structure or exterior appearance of the Building, or any other tenant’s use of such other tenant’s leased premises in the Building; 1131701.06/SF372493-00050/1-31-20/pwn/pwn
(vi) The satisfaction of any other requirements or conditions which may be required or imposed by Xxxxxxxx’s lender with respect to the construction of the Tenant Improvements; and
(vii) Xxxxxx has delivered to Landlord evidence satisfactory to Landlord that all construction costs in excess of the Tenant Improvement Allowance Items include any costs have been paid for by Xxxxxx. Notwithstanding anything to the contrary contained hereinabove, all disbursements of procuring or installing the Tenant Improvement Allowance shall be subject to the prior deduction of the portion of the Construction Administration Fee allocable to the Tenant Improvements described in the Premises any trade fixtures, equipment, furniture, furniture partitions or systems, furnishings, telephone, telecommunications, data and security wiring, cabling and equipment, or other personal property (“Personal Property”) to be used in the Premises by Tenant, and the cost of such Personal Property shall be paid by Tenantapplicable Draw Request.
Appears in 1 contract
Samples: Lease (Dexcom Inc)
Disbursement of the Tenant Improvement Allowance. Except as otherwise set forth 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 Tenant Improvement Allowance shall be disbursed by Landlord (each of which disbursements shall be made pursuant to Landlord’s disbursement process, which disbursement process shall require the Architect Tenant to make field verifications and written certifications as required by Landlord in connection with Landlord’s disbursements to Contractor (as defined below)) only reimburse Tenant for the following items and actual construction costs (collectively the “which Tenant Improvement Allowance Items”):
(a) Payment of (i) the fees of the Architect and the Engineers (as defined below), (ii) charges for Landlord’s construction consultant and Building engineer, and (iii) the fees incurred by, and the cost of documents and materials supplied by, Landlord and Landlord’s consultants in connection with the preparation and review of the Construction Drawings (as defined below);
(b) The payment of plan check, permit and license fees relating to construction of the Tenant Improvements;
(c) The cost of construction of the Tenant Improvements, including, without limitation, any cost of after-hours freight elevator usage;
(d) The cost of any changes in the Base, Shell, and Core when such changes are required by the Construction Drawings, such cost to include all direct architectural and/or engineering fees and expenses incurred in connection therewith;
(e) The cost of any changes to the Construction Drawings or Tenant Improvements required by applicable laws and building codes (collectively, “Code”);
(f) Sales and use taxes; and
(g) All other costs to be expended by Landlord incurs in connection with the construction of the Tenant Improvements within thirty (30) days after Tenant's satisfaction of the following conditions:
(i) Landlord has received the following "Evidence of Completion and Payment" with respect to the Tenant's Work:
(A) Tenant has delivered to Landlord a draw request ("Draw Request") in a form satisfactory to Landlord and Landlord's lender with respect to the Tenant Improvements specifying that the Tenant's Work has been completed, together with invoices, receipts and bills evidencing the costs and expenses and evidence of payment by Tenant for all costs which are payable in connection with the Tenant's Work. The Draw Request shall constitute a representation by Tenant that the Tenant's Work identified has been completed in a good and workmanlike manner and in accordance with the Final Plans and has been paid for; 1131701.06/SF372493-00050/1-31-20/pwn/pwn B-4
(B) The architect for the Tenant Improvements has certified to Landlord that the Tenant Improvements have been completed in accordance with the Final Plans;
(C) Xxxxxx has delivered to Landlord such other evidence of Tenant's payment of the general contractor and subcontractors for the Tenant's Work and the absence of any liens generated by the Tenant's Work as may be required by Landlord (i.e., either unconditional lien releases in accordance with the applicable provisions of the California Civil Code);
(D) Landlord or Xxxxxxxx's architect or construction representative has inspected the Tenant Improvements and determined that the Tenant's Work has been completed in a good and workmanlike manner;
(ii) Thirty-five (35) days shall have elapsed following the filing of a valid notice of completion by Tenant for the Tenant Improvements. In ;
(iii) A certificate of occupancy for the Tenant Improvements and the Premises has been issued by the appropriate governmental body;
(iv) Tenant has delivered to Landlord: (i) properly executed mechanics lien releases from all of Tenant's contractors, agents and suppliers in compliance with the applicable provisions of the California Civil Code, which lien releases shall be conditional with respect to the then-requested payment amounts and unconditional with respect to payment amounts previously disbursed by Landlord; (ii) an application and certificate for payment (AIA form G702-1992 or equivalent) signed by Tenant's architect/space planner; (iii) original stamped building permit plans; (iv) copy of the building permit; (v) original stamped building permit inspection card with all final sign-offs; (vi) a reproducible copy (in a form approved by Landlord) of the "as-built" drawings of the Tenant Improvements; (vii) air balance reports; (viii) excess energy use calculations; (ix) one year warranty letters from Tenant's contractors; (x) manufacturer's warranties and operating instructions; (xi) final punchlist completed and signed off by Xxxxxx's architect/space planner; and (xii) an acceptance of the Premises signed by Xxxxxx;
(v) Landlord has determined that no event shall work exists which adversely affects the mechanical, electrical, plumbing, heating, ventilating and air conditioning, life-safety or other systems of the Building, the curtain wall of the Building, the structure or exterior appearance of the Building, or any other tenant's use of such other tenant's leased premises in the Building;
(vi) The satisfaction of any other requirements or conditions which may be required or imposed by Xxxxxxxx's lender with respect to the construction of the Tenant Improvements; and
(vii) Xxxxxx has delivered to Landlord evidence satisfactory to Landlord that all construction costs in excess of the Tenant Improvement Allowance Items include any costs have been paid for by Xxxxxx. Notwithstanding anything to the contrary contained hereinabove, all disbursements of procuring or installing the Tenant Improvement Allowance shall be subject to the prior deduction of the portion of the Construction Administration Fee allocable to the Tenant Improvements described in the Premises any trade fixtures, equipment, furniture, furniture partitions or systems, furnishings, telephone, telecommunications, data and security wiring, cabling and equipment, or other personal property (“Personal Property”) to be used in the Premises by Tenant, and the cost of such Personal Property shall be paid by Tenantapplicable Draw Request.
Appears in 1 contract
Samples: Lease (Dexcom Inc)
Disbursement of the Tenant Improvement Allowance. Except as otherwise set forth in this Work Letter, During the Tenant Improvement Allowance shall be disbursed by Landlord (each of which disbursements shall be made pursuant to Landlord’s disbursement process, which disbursement process shall require the Architect to make field verifications design and written certifications as required by Landlord in connection with Landlord’s disbursements to Contractor (as defined below)) only for the following items and costs (collectively the “Tenant Improvement Allowance Items”):
(a) Payment of (i) the fees of the Architect and the Engineers (as defined below), (ii) charges for Landlord’s construction consultant and Building engineer, and (iii) the fees incurred by, and the cost of documents and materials supplied by, Landlord and Landlord’s consultants in connection with the preparation and review of the Construction Drawings (as defined below);
(b) The payment of plan check, permit and license fees relating to construction of the Tenant Improvements;
(c) The cost of construction of the Tenant Improvements, including, without limitation, any cost of after-hours freight elevator usage;
(d) The cost of any changes in the Base, Shell, and Core when such changes are required by the Construction Drawings, such cost to include all direct architectural and/or engineering fees and expenses incurred in connection therewith;
(e) The cost of any changes to the Construction Drawings or Tenant Improvements required by applicable laws and building codes (collectively, “Code”);
(f) Sales and use taxes; and
(g) All other costs to be expended by Landlord in connection with the construction shall make monthly disbursements of the Tenant ImprovementsImprovement Allowance for Tenant Improvement Allowance Items for the benefit of Tenant and shall authorize the release of monies for the benefit of Tenant pursuant to Landlord’s standard disbursement process; provided, however, that Landlord shall have no obligation to disburse any portion of the Tenant Improvement Allowance until after Landlord’s receipt of (i) an application and certification for payment of the “Contractor,” as that term is defined in Section 4.1 of this Tenant Work Letter, showing the schedule, by trade of percentage of completion of the Tenant Improvements in the Premises, detailing the portion of the work completed and the portion not completed, (ii) appropriate executed progress mechanics’ lien releases which comply with the applicable provisions of California Civil Code Sections 8132¬8138 (although Landlord (and not Tenant) shall be responsible for obtaining such lien releases, and in connection therewith Landlord shall use commercially reasonable efforts to promptly obtain such lien releases), (iii) if there is an Over-Allowance Amount required to be paid by Tenant pursuant to Section 4.3 below for such disbursement, Landlord shall only be required to make a disbursement equal to Landlord’s pro rata share of the Tenant Improvement Allowance and only after Tenant has paid its pro rata share of the Over-Allowance Amount. In no event For purposes hereof, Landlord’s pro rata share for each such disbursement amount of the Tenant Improvement Allowance shall equal the percentage resulting from dividing the Tenant Improvement Allowance (less sums already disbursed for any Non-Construction Allowance Items, as defined below), by the total cost of the Tenant Improvement Allowance Items include (less sums already disbursed for any costs of procuring or installing Non-Construction Allowance Items) as estimated in the Premises any trade fixtures, equipment, furniture, furniture partitions or systems, furnishings, telephone, telecommunications, data and security wiring, cabling and equipment, or other personal property Cost Proposal (“Personal Property”defined below) delivered pursuant to Section 4.2 (as may be used in the Premises by Tenantrevised from time to time), and Tenant’s pro rata share for each such disbursement of the Over-Allowance Amount shall equal the Over-Allowance Amount divided by such total cost of the Tenant Improvement Allowance Items (less sums already disbursed for any Non-Construction Allowance Items, as defined below). Notwithstanding the foregoing, with respect to fees and expenses of the Architect or Engineers or any other pre-construction items for which the payment scheme set forth in items (i) and (ii) of the immediately preceding sentence is not applicable (collectively, the “Non-Construction Allowance Items”), Landlord shall make disbursements of the Tenant Improvement Allowance therefor on a monthly basis following Landlord’s receipt of invoices and other reasonable evidence that Tenant has incurred the cost of for the applicable Non-Construction Allowance Items (unless Landlord has received a preliminary notice in connection with such Personal Property shall costs, in which event conditional lien releases must be paid submitted in connection with such costs) and such other information and documentation reasonably required by TenantLandlord.
Appears in 1 contract
Samples: Lease Agreement (Zendesk, Inc.)
Disbursement of the Tenant Improvement Allowance. Except as otherwise set forth in this Tenant Work Letter, the Tenant Improvement Allowance shall be disbursed by Landlord (each of which disbursements shall be made pursuant to Landlord’s disbursement process, which the disbursement process shall require the Architect to make field verifications and written certifications as required by Landlord described in connection with Landlord’s disbursements to Contractor (as defined Section 4.3.1 below)) only for the following items and costs (collectively collectively, the “Tenant Improvement Allowance Items”"TENANT IMPROVEMENT ALLOWANCE ITEMS"):
(a) 2.2.1 Payment of (i) the fees of all design consultants, project managers, the Architect "Space Planner," "Architect" and the Engineers ("Engineers," as those terms are defined below), (ii) charges for Landlord’s construction consultant and Building engineerin Section 3.1 of this Tenant Work Letter, and (iii) payment of the fees incurred by, and the cost of documents and materials supplied by, Landlord and Landlord’s 's consultants in connection with the preparation and review of the "Construction Drawings (Drawings," as that term is defined below)in Section 3.1 of this Tenant Work Letter;
(b) 2.2.2 The payment of all governmental and utility service or connection fees, including, but not limited to, plan check, permit and license fees relating to construction of the Tenant Improvements; provided, however, the Tenant Improvement Allowance Items shall not EXHIBIT B -5- PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] include any costs for utilities or use of elevators during the construction of the Tenant Improvements;
(c) 2.2.3 The cost of construction of the Tenant ImprovementsImprovements within such Building, including, without limitation, any cost of after-hours freight elevator usageall labor, materials, testing and inspection costs, hoisting and trash removal costs, and contractors' fees and general conditions;
(d) 2.2.4 The cost of any changes in the Base, Shell, Shell and Core work when such changes are required by the Construction DrawingsDrawings (including if such changes are due to the fact that such work is prepared on an unoccupied basis), such cost to include all direct architectural architectural, engineering and/or engineering other consultant fees and expenses incurred in connection therewith;
(e) 2.2.5 The cost of any changes to the Construction Drawings or Tenant Improvements required by applicable laws and building governing codes (collectively"CODE") unless such changes are required to cause the Base, “Code”Shell and Core to comply with applicable building Code (however, changes to the Base, Shell and Core required due to the unique nature of the Tenant Improvements requested by Tenant shall be charged to the Tenant Improvement Allowance);
(f) 2.2.6 Sales and use taxes; andtaxes and Title 24 fees;
2.2.7 The costs incurred (gby Landlord or Tenant) in connection with third party design services prior to Lease execution (which costs shall not exceed Twenty Cents ($0.20) per rentable square foot of the Building);
2.2.8 Landlord's Supervision Fee", as that term is defined in Section 4.3.2 of this Tenant Work Letter;
2.2.9 All other costs to be expended by Landlord and reasonably approved by Tenant in connection with the construction of the Tenant Improvements. In ; and
2.2.10 Costs incurred for Tenant's voice/data cabling, network racks and hardware, furniture, telecom system, keys, locks, security costs, relocation and interior and exterior signage (including Tenant's Signs); provided, however, in no event shall the Tenant Improvement Allowance Items include any aggregate costs of procuring or installing the items forth in this Section 2.2.10 exceed Three Hundred Thirty-Three Thousand Eight Hundred Forty-Four Dollars ($333,844.00). Landlord and Tenant acknowledge that the Base Rent for the Premises any trade fixtures, equipment, furniture, furniture partitions or systems, furnishings, telephone, telecommunications, data and security wiring, cabling and equipment, or other personal property includes an amortization (“Personal Property”with interest at twelve percent (12%) per annum) of the amount payable by Landlord pursuant to be used in the Premises by Tenant, and the cost of such Personal Property shall be paid by Tenantthis Section 2.2.10.
Appears in 1 contract
Samples: Office Lease (Peregrine Systems Inc)
Disbursement of the Tenant Improvement Allowance. Except as otherwise set forth in this Tenant Work Letter, the Tenant Improvement Allowance shall be disbursed by Landlord (each of which disbursements disbursement shall be made pursuant to Landlord’s standard disbursement process), which disbursement process shall require the Architect to make field verifications and written certifications as required by Landlord in connection with Landlord’s disbursements to Contractor (as defined below)) only for the following items and costs (collectively collectively, the “Tenant Improvement Allowance Items”):
(a) Payment 2.2.1 payment of (i) the fees of the Architect “Architect” and the Engineers (“Engineers,” as those terms are defined below), (ii) charges for Landlord’s construction consultant in Section 3.1 of this Tenant Work Letter and Building engineer, and (iii) payment of the fees incurred by, and the cost of documents and materials supplied by, Landlord and Landlord’s consultants in connection with the preparation and review of the “Construction Drawings (Drawings,” as that term is defined below)in Section 3.1 of this Tenant Work Letter;
(b) The 2.2.2 the payment of plan check, permit and license fees relating to construction of of’ the Tenant Improvements;
(c) The 2.2.3 the cost of construction of the Tenant Improvements, including, without limitation, any cost contractors’ fees and general conditions, testing and inspection costs, costs of utilities, trash .removal, parking and hoists, and the costs of after-hours freight elevator usage;
(d) The 2.2.4 the cost of any changes in the Base, Shell, Shell and Core when such changes are required by the Construction DrawingsDrawings (including if such changes are due to the fact that such work is prepared on an unoccupied basis), such cost to include all direct architectural and/or engineering fees and expenses incurred in connection therewith;
(e) The 2.2.5 the cost of any changes to the Construction Drawings or Tenant Improvements required by applicable laws and building codes (collectively, “Code”)laws;
(f) Sales 2.2.6 sales and use taxestaxes and Title 24 fees;
2.2.7 the “Landlord Supervision Fee,” as that term is defined in Section 4.3.2 of this Tenant Work Letter; andEXHIBIT B XxxxXxxxx.xxx, Inc.
(g) All 2.2.8 all other costs to be expended by Landlord in connection with the construction of the Tenant Improvements. In no event shall : and
2.2.9 provided the Tenant Improvement Allowance Items include any costs is not used in its entirety pursuant to the foregoing Tenant Improvement Allowance Items, then Tenant shall have the right to reimbursement of procuring or installing in up to Three Hundred Fourteen Thousand Four Hundred Sixty-Seven and 50/00 Dollars ($314,467.50) (the Premises any “Furnishings Credit”) for Tenant’s trade fixtures, equipment, furniture, furniture partitions or systems, furnishings, telephonetelephone equipment, telecommunicationscabling, data equipment and security wiring, cabling installation costs thereof and equipment, or other personal property (“Personal Property”) to be used of Tenant in the Premises by Tenant, and the cost of such Personal Property shall be paid by TenantPremises.
Appears in 1 contract
Samples: Office Lease (Cafepress Inc.)
Disbursement of the Tenant Improvement Allowance. Except as otherwise set forth in this Tenant Work Letter, the Tenant Improvement Allowance shall be disbursed by Landlord (each applied to costs related to the design and construction of which disbursements shall be made pursuant to Landlord’s disbursement process, which disbursement process shall require the Architect to make field verifications Tenant Improvements and written certifications as required by Landlord in connection with Landlord’s disbursements to Contractor (as defined below)) only for the following items and costs (collectively collectively, the “Tenant Improvement Allowance Items”):
(a) Payment of ): (i) payment of the fees of the Architect and the Engineers (“Architect”, as that term is defined below), (ii) charges for Landlord’s construction consultant and Building engineerin Section 3.1 of this Tenant Work Letter, and (iii) payment of the fees incurred by, and the cost of documents and materials supplied by, Landlord and Landlord’s consultants in connection with the preparation and review of the “Construction Drawings (Drawings,” as that term is defined below);
(b) The payment in Section 3.1 of plan check, permit and license fees relating to construction of the this Tenant Improvements;
(c) The cost of construction of the Tenant ImprovementsWork Letter, including, without limitation, the “Systems Plans,” as that term is defined in Section 3.4.2 of this Tenant Work Letter, (ii) reasonable costs incurred in obtaining any permits required in connection with the Tenant Improvements, (iii) the reasonable cost of after-hours freight elevator usage;
(d) The cost of any changes in the Base, Shell, Shell and Core when to the extent such changes are required by the Construction Drawings, such cost to include all direct architectural and/or engineering fees and expenses incurred in connection therewith;
; (eiv) The the reasonable cost of any changes to the Construction Drawings or Tenant Improvements required by all applicable laws and building codes (collectively, the “Code”);
; (fv) Sales and use taxes; and
(g) All other costs for telecommunications cabling to be expended by installed in the Premises; and (vi) the “Landlord Supervision Fee”, as that term is defined in connection with Section 4.3.2 of this Tenant Work Letter. The costs and fees of Contractor and any other Tenant Improvement Allowance Items shall be charged against the Tenant Improvement Allowance until it is fully utilized under this Tenant Work Letter (Tenant acknowledging that Tenant shall be responsible for any costs in excess of the Tenant Improvement Allowance as more particularly set forth in Section 4.3.1 of this Tenant Work Letter). At least once every thirty (30) days during the construction of the Tenant Improvements, Landlord shall furnish Tenant with a report of costs incurred hereunder since the date of the last report. In no event The fees of the Architect and any other Tenant Improvement Allowance Items incurred by Tenant directly shall be reimbursed by Landlord from the Tenant Improvement Allowance Items include any costs of procuring or installing in the Premises any trade fixtures, equipment, furniture, furniture partitions or systems, furnishings, telephone, telecommunications, data and security wiring, cabling and equipment, or other personal property within thirty (“Personal Property”30) to be used in the Premises days following request by Tenant, and the cost of such Personal Property which request shall be paid accompanied by Tenant.invoices and such other information and/or documentation as Landlord shall reasonably request. 692326.07/WLA 123056-00076/7-12-12/ral/sew EXHIBIT B -1- PLAZA CENTER [Blucora, Inc.]
Appears in 1 contract
Samples: Office Lease (Blucora, Inc.)
Disbursement of the Tenant Improvement Allowance. Except as otherwise set forth in this Tenant Work Letter, the Tenant Improvement Allowance shall be disbursed by Landlord (each of which disbursements shall be made pursuant to Landlord’s 's disbursement process, which disbursement process shall require ) for costs related to the Architect to make field verifications construction of the Tenant Improvements and written certifications as required by Landlord in connection with Landlord’s disbursements to Contractor (as defined below)) only for the following items and costs (collectively collectively, the “"Tenant Improvement Allowance Items”):
(a) Payment of "): (i) payment of the fees of the Architect "Architect" and the Engineers ("Engineers," as those terms are defined below), (ii) charges for Landlord’s construction consultant and Building engineerin Section 3.1 of this Tenant Work Letter, and (iii) payment of the fees incurred by, and the cost of documents and materials supplied by, Landlord Tenant and Landlord’s Tenant's consultants in connection with the preparation and review of the "Construction Drawings Drawings," as that term is defined in Section 3.1 of this Tenant Work Letter; (as defined below);
(bii) The payment of plan check, permit and license fees relating to construction of the Tenant Improvements;
(c) The cost of construction of the Tenant Improvements, including, without limitation, any cost of after-hours freight elevator usage;
(d) The cost of any changes in the Base, Shell, Shell and Core when such changes are required by the Construction Drawings, such cost to include all direct architectural and/or engineering fees and expenses incurred in connection therewith;
; (eiii) The the cost of any changes to the Construction Drawings or Tenant Improvements required by all applicable laws and building codes (collectively, “the "Code”");
; and (fiv) Sales the cost of wiring and use taxes; and
(g) All other costs conduits for Tenant's equipment to be expended utilized in the Premises. Landlord agrees to provide monthly progress payments of the Tenant Improvement Allowance provided Tenant furnishes to Landlord such invoices, affidavits, releases, and other documentation as Landlord may reasonably request, to be assured, to Landlord's reasonable satisfaction, that the Tenant Improvements have been completed in accordance with the plans and specifications approved by Landlord. Provided Tenant complies with the foregoing requirements, Landlord shall pay all invoices presented to Landlord up to an amount not to exceed the amount of the Tenant Improvement Allowance for costs incurred in connection with completion of the Tenant Improvements. Tenant will be responsible for paying all costs of the Tenant Improvements in excess of the Tenant Improvement Allowance. Tenant agrees to diligently prosecute the construction of the Tenant Improvements in compliance with all applicable codes, regulations and ordinances, without any claims for unpaid bills for material, labor or supplies. While Landlord will not receive a fee for construction services, Tenant will pay Landlord an amount equal to Two Thousand Dollars ($2,000.00) for services actually performed by Landlord during Tenant's construction of its Tenant Improvements. In no event shall the Tenant Improvement Allowance Items include any costs of procuring or installing in the Premises any trade fixtures, equipment, furniture, furniture partitions or systems, furnishings, telephone, telecommunications, data and security wiring, cabling and equipment, or other personal property (“Personal Property”) to be used in the Premises by Tenant, and the cost of such Personal Property shall be paid by Tenant.
Appears in 1 contract
Disbursement of the Tenant Improvement Allowance. Except as otherwise set forth in this Tenant Work Letter, the Tenant Improvement Allowance shall be disbursed by EXHIBIT E -2- 45 Landlord (each of which disbursements shall be made pursuant to Landlord’s 's disbursement process, which disbursement process shall require the Architect to make field verifications and written certifications as required by Landlord in connection with Landlord’s disbursements to Contractor (as defined below)) only for the following items and costs (collectively collectively, the “"Tenant Improvement Allowance Items”"):
(a) 2.2.1 Payment of (i) the fees of the Architect "Architect" and the Engineers ("Engineers," as those terms are defined below)in Sections 3.1 of this Tenant Work Letter, (ii) charges for Landlord’s construction consultant and Building engineerwhich payment shall, notwithstanding anything to the contrary contained in this Tenant Work Letter, not exceed an aggregate amount equal to $6.50 per usable square foot of the Premises, and (iii) payment of the fees incurred by, and the cost of documents and materials supplied by, Landlord and Landlord’s 's consultants in connection with the preparation and review of the "Construction Drawings (Drawings," as that term is defined below)in Section 3.1 of this Tenant Work Letter, not to exceed $3.50 per rentable square foot of the Premises;
(b) 2.2.2 The payment of plan check, permit and license fees relating to construction of the Tenant Improvements;
(c) 2.2.3 The cost of construction of the Tenant Improvements, including, without limitation, any cost of after-hours testing and inspection costs, freight elevator usage, hoisting and trash removal costs, and contractors' fees and general conditions;
(d) 2.2.4 The cost of any changes in the Base, Shell, Shell and Core work or the Landlord Work when such changes are required by the Construction DrawingsDrawings (including if such changes are due to the fact that such work is prepared on an unoccupied basis), such cost to include all direct architectural and/or engineering fees and expenses incurred in connection therewith;
(e) 2.2.5 The cost of any changes to the Construction Drawings or Drawings, Tenant Improvements or Landlord's Work required by applicable laws and building codes (collectively, “Code”);
(f) 2.2.6 Sales and use taxestaxes and Title 24 fees;
2.2.7 The cost of the Landlord Work;
2.2.8 Landlord's Supervision Fee", as that term is defined in Section 4.3.2 of this Tenant Work Letter; and
(g) 2.2.9 All other costs to be expended by Landlord in connection with the construction of the Tenant Improvements. In no event shall the Tenant Improvement Allowance Items include any costs of procuring or installing in the Premises any trade fixtures, equipment, furniture, furniture partitions or systems, furnishings, telephone, telecommunications, data and security wiring, cabling and equipment, or other personal property (“Personal Property”) to be used in the Premises by Tenant, and the cost of such Personal Property shall be paid by Tenant.
Appears in 1 contract
Disbursement of the Tenant Improvement Allowance. Except as otherwise set forth in this Tenant Work Letter, the Tenant Improvement Allowance shall be disbursed by Landlord (each of which disbursements shall be made pursuant to Landlord’s disbursement process, which the disbursement process shall require the Architect to make field verifications and written certifications as required by Landlord described in connection with Landlord’s disbursements to Contractor (as defined Section 4.3.1 below)) only for the following items and costs (collectively collectively, the “Tenant Improvement Allowance Items”"TENANT IMPROVEMENT ALLOWANCE ITEMS"):
(a) 2.2.1 Payment of (i) the fees of all design consultants, project managers, the Architect "Space Planner," "Architect" and the Engineers ("Engineers," as those terms are defined below), (ii) charges for Landlord’s construction consultant and Building engineerin Section 3.1 of this Tenant Work Letter, and (iii) payment of the fees incurred by, and the cost of documents and materials supplied by, Landlord and Landlord’s 's consultants in connection with the preparation and review of the "Construction Drawings (Drawings," as that term is defined below)in Section 3.1 of this Tenant Work Letter;
(b) 2.2.2 The payment of all governmental and utility service or connection fees, including, but not limited to, plan check, permit and license fees relating to construction of the Tenant Improvements;; provided, however, the Tenant Improvement Allowance Items shall not include any costs for utilities or use of elevators during the construction of the Tenant Improvements; EXHIBIT B -5- PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems]
(c) 2.2.3 The cost of construction of the Tenant ImprovementsImprovements within such Building, including, without limitation, any cost of after-hours freight elevator usageall labor, materials, testing and inspection costs, hoisting and trash removal costs, and contractors' fees and general conditions;
(d) 2.2.4 The cost of any changes in the Base, Shell, Shell and Core work when such changes are required by the Construction DrawingsDrawings (including if such changes are due to the fact that such work is prepared on an unoccupied basis), such cost to include all direct architectural architectural, engineering and/or engineering other consultant fees and expenses incurred in connection therewith;
(e) 2.2.5 The cost of any changes to the Construction Drawings or Tenant Improvements required by applicable laws and building governing codes (collectively"CODE") unless such changes are required to cause the Base, “Code”Shell and Core to comply with applicable building Code (however, changes to the Base, Shell and Core required due to the unique nature of the Tenant Improvements requested by Tenant shall be charged to the Tenant Improvement Allowance);
(f) 2.2.6 Sales and use taxes; andtaxes and Title 24 fees;
(g) 2.2.7 Landlord's Supervision Fee", as that term is defined in Section 4.3.2 of this Tenant Work Letter;
2.2.8 All other costs to be expended by Landlord and reasonably approved by Tenant in connection with the construction of the Tenant Improvements. In ; and
2.2.9 Costs incurred for Tenant's voice/data cabling, network racks and hardware, furniture, telecom system, keys, locks, security costs, relocation and interior and exterior signage (including Tenant's Signs); provided, however, in no event shall the Tenant Improvement Allowance Items include any aggregate costs of procuring or installing the items forth in this Section 2.2.9 exceed Eight Hundred Fifty Thousand Eight Hundred Twenty-Two Dollars ($850,822.00). Landlord and Tenant acknowledge that the Base Rent for the Premises any trade fixtures, equipment, furniture, furniture partitions or systems, furnishings, telephone, telecommunications, data and security wiring, cabling and equipment, or other personal property includes an amortization (“Personal Property”with interest at twelve percent (12%) per annum) of the amount payable by Landlord pursuant to be used in the Premises by Tenant, and the cost of such Personal Property shall be paid by Tenantthis Section 2.2.9.
Appears in 1 contract
Samples: Office Lease (Peregrine Systems Inc)
Disbursement of the Tenant Improvement Allowance. Except as otherwise set forth in this Tenant Work Letter, the Tenant Improvement Allowance shall be disbursed by Landlord (each of which disbursements shall be made pursuant to Landlord’s disbursement process, which the disbursement process shall require the Architect to make field verifications and written certifications as required by Landlord described in connection with Landlord’s disbursements to Contractor (as defined Section 4.3.1 below)) only for the following items and costs (collectively collectively, the “Tenant Improvement Allowance Items”"TENANT IMPROVEMENT ALLOWANCE ITEMS"):
(a) 2.2.1 Payment of (i) the fees of all design consultants, project managers, the Architect "Space Planner," "Architect" and the Engineers ("Engineers," as those terms are defined below), (ii) charges for Landlord’s construction consultant and Building engineerin Section 3.1 of this Tenant Work Letter, and (iii) payment of the fees incurred by, and the cost of documents and materials supplied by, Landlord and Landlord’s 's consultants in connection with the preparation and review of the "Construction Drawings (Drawings," as that term is defined below)in Section 3.1 of this Tenant Work Letter;
(b) 2.2.2 The payment of all governmental and utility service or connection fees, including, but not limited to, plan check, permit and license fees relating to construction of the Tenant Improvements;; provided, however, the Tenant Improvement Allowance Items shall not include any costs for utilities or use of elevators during the construction of the Tenant Improvements; EXHIBIT B -5- PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems]
(c) 2.2.3 The cost of construction of the Tenant ImprovementsImprovements within such Building, including, without limitation, any cost of after-hours freight elevator usageall labor, materials, testing and inspection costs, hoisting and trash removal costs, and contractors' fees and general conditions;
(d) 2.2.4 The cost of any changes in the Base, Shell, Shell and Core work when such changes are required by the Construction DrawingsDrawings (including if such changes are due to the fact that such work is prepared on an unoccupied basis), such cost to include all direct architectural architectural, engineering and/or engineering other consultant fees and expenses incurred in connection therewith;
(e) 2.2.5 The cost of any changes to the Construction Drawings or Tenant Improvements required by applicable laws and building governing codes (collectively"CODE") unless such changes are required to cause the Base, “Code”Shell and Core to comply with applicable building Code (however, changes to the Base, Shell and Core required due to the unique nature of the Tenant Improvements requested by Tenant shall be charged to the Tenant Improvement Allowance);
(f) 2.2.6 Sales and use taxes; andtaxes and Title 24 fees;
(g) 2.2.7 Landlord's Supervision Fee", as that term is defined in Section 4.3.2 of this Tenant Work Letter;
2.2.8 All other costs to be expended by Landlord and reasonably approved by Tenant in connection with the construction of the Tenant Improvements. In ; and
2.2.9 Costs incurred for Tenant's voice/data cabling, network racks and hardware, furniture, telecom system, keys, locks, security costs, relocation and interior and exterior signage (including Tenant's Signs); provided, however, in no event shall the Tenant Improvement Allowance Items include any aggregate costs of procuring or installing the items forth in this Section 2.2.9 exceed Seven Dollars ($7.00) per usable square foot (calculated on a single-tenant basis) of the Building. Landlord and Tenant acknowledge that the Base Rent for the Premises any trade fixtures, equipment, furniture, furniture partitions or systems, furnishings, telephone, telecommunications, data and security wiring, cabling and equipment, or other personal property includes an amortization (“Personal Property”with interest at twelve percent (12%) per annum) of the amount payable by Landlord pursuant to be used in the Premises by Tenant, and the cost of such Personal Property shall be paid by Tenantthis Section 2.2.9.
Appears in 1 contract
Disbursement of the Tenant Improvement Allowance. Except as otherwise set forth in this Tenant Work Letter, the Tenant Improvement Allowance shall be disbursed by Landlord (each of which disbursements shall be made pursuant to Landlord’s disbursement process, which disbursement process shall require [as set forth herein]) for costs related to the Architect to make field verifications construction of the Tenant Improvements and written certifications as required by Landlord in connection with Landlord’s disbursements to Contractor (as defined below)) only for the following items and costs (collectively collectively, the “Tenant Improvement Allowance Items”):
(a) Payment of ): (i) payment of the fees of the Architect “Architect” and the Engineers (“Engineers,” as those terms are defined below)in Section 3.1 of this Tenant Work Letter for space planning and design, (ii) charges but not for Landlord’s construction consultant and Building engineer, and (iii) payment of the fees incurred by, and the cost of documents and materials supplied by, Landlord and Landlord’s consultants (other than any structural engineer whose fees shall be in addition to Landlord’s fee) in connection with the preparation and review of the “Construction Drawings Drawings,” as that term is defined in Section 3.1 of this Tenant Work Letter which is included in the fee described in Section 4.3.2 of this Work Letter (as defined belowexcept for any independent structural engineer retained by Landlord in connection with the Construction Drawings);
; (bii) The payment of plan check, permit and license fees relating to construction of the Tenant Improvements;
(c) The cost of construction of the Tenant Improvements, including, without limitation, any cost of after-hours freight elevator usage;
(d) The cost of any changes in the Base, Shell, Shell and Core when such changes are required by the Construction Drawings, such cost to include all direct architectural and/or engineering fees and expenses incurred in connection therewith;
; (eiii) The the cost of any changes to the Construction Drawings or Tenant Improvements required by all applicable laws and building codes (collectively, the “Code”);
; (fiv) Sales and use taxes; and
(g) All other costs to be expended by Landlord in connection with the construction cost of the Landlord Work; (v) the “Landlord Supervision Fee”, as that term is defined in Section 4.3.2 of this Tenant Improvements. In no event shall Work Letter; (vi) any signage; (vii) permits; (ix) security systems, telecommunications and data cabling; (x) moving costs; and (xi) furniture, fixtures and equipment, provided that the portion of the Tenant Improvement Allowance Items include any costs used for purchase of procuring or installing furniture, fixtures and equipment shall not exceed Five Dollars ($5.00) per rentable square feet in the Premises any trade fixtures, equipment, furniture, furniture partitions or systems, furnishings, telephone, telecommunications, data and security wiring, cabling and equipment, or other personal property (“Personal Property”) to be used in the Premises by Tenant, and the cost of such Personal Property shall be paid by TenantPremises.
Appears in 1 contract
Samples: Office Lease (Bare Escentuals Inc)
Disbursement of the Tenant Improvement Allowance. Except as otherwise set forth in this Work Letter, the Tenant Improvement Allowance shall be disbursed by Landlord (each of which disbursements shall be made pursuant to Landlord’s reasonable disbursement process, which disbursement process shall require the Architect to make field verifications and written certifications as required ) for costs incurred by Landlord in connection with Landlord’s disbursements related to Contractor (as defined below)) only the construction of the Tenant Improvements and for the following items and costs (collectively collectively, the “Tenant Improvement Allowance Items”):
(a) Payment of ): (i) payment of the fees of the Architect and the Engineers (“Architect” as that term is defined below), (ii) charges for Landlord’s construction consultant and Building engineer, and (iii) the fees incurred by, and the cost in Section 3.1 of documents and materials supplied by, Landlord and Landlord’s consultants this Tenant Work Letter in connection with the preparation and review of the “Construction Drawings Documents” (as that term is defined belowin Section 3.1 of this Work Letter);
; (bii) The payment of plan check, permit the project management fee described above and license fees relating a management fee (not to construction exceed two percent (2%) of the Tenant Improvements;
hard construction costs payable to a project manager hired by Tenant, (ciii) The cost of construction of the Tenant Improvements, including, without limitation, any cost of after-hours freight elevator usage;
(d) The cost of any changes in the Base, Shell, and Core when such changes are required by the Construction Drawings, such cost to include all direct architectural and/or engineering fees and expenses incurred in connection therewith;
(e) The cost of any changes to the Construction Drawings Documents or Tenant Improvements required by all applicable laws and building codes (collectively, the “Code”);
) enacted after approval of the Construction Documents, (fiv) Sales costs payable to the Contractor and use taxes; and
any subcontractors, and (gv) All other costs to be expended by Landlord incurred in connection with the construction Tenant Improvements to the extent the same can be paid using the Tenant Improvement Allowance pursuant to the specific provisions of this Work Letter. Following the completion of the Tenant Improvements. In , Landlord shall disburse funds remaining in the Tenant Improvement Allowance, if any, to reimburse Tenant for Tenant’s out-of-pocket costs to purchase and install data and telecommunications cabling in the Premises in one lump sum payment made within forty-five (45) days after Tenant’s request if the following conditions have been fully satisfied: (a) no event Event of Default then exists, (b) Landlord shall the have no reason to believe that any work for which payment is requisitioned has not been properly completed, and (c) Tenant shall have complied with any other reasonable requirements for disbursement of Tenant Improvement Allowance Items include any costs that are comparable to requirements applicable to disbursements of procuring or installing in institutional construction loans, such as the Premises any trade fixturesprovision of mechanics lien waivers where applicable. Notwithstanding anything herein to the contrary, equipment, furniture, furniture partitions or systems, furnishings, telephone, telecommunications, data and security wiring, cabling and equipment, or other personal property (“Personal Property”) to the Tenant Improvements Allowance must be used in the Premises requested by Tenant, if at all, in accordance with this paragraph on or before the date that is one year following the Rent Commencement Date, and the cost of any portion not requested by such Personal Property shall date may no longer be paid used by Tenant.
Appears in 1 contract
Samples: Lease (Aethlon Medical Inc)
Disbursement of the Tenant Improvement Allowance. Except as otherwise set forth in this Tenant Work Letter, the Tenant Improvement Allowance shall be disbursed by Landlord (each of which disbursements shall be made pursuant to Landlord’s 's disbursement process, which disbursement process shall require the Architect to make field verifications and written certifications as required by Landlord in connection with Landlord’s disbursements to Contractor (as defined below)) only for the following items and costs (collectively collectively, the “Tenant Improvement Allowance Items”):"TENANT IMPROVEMENT ALLOWANCE ITEMS").
(a) 2.2.1 Payment of (i) the fees of the Architect "Space Planner," "Architect" and the Engineers ("Engineers," as those terms are defined below), (ii) charges for Landlord’s construction consultant in Section 3.1 of this Tenant Work Letter and Building engineer, and (iii) payment of the fees incurred by, and the cost of documents and materials supplied by, Landlord and Landlord’s 's consultants in connection with the preparation and review of the "Construction Drawings (Drawings," as that term is defined below)in Section 3.1 of this Tenant Work Letter;
(b) 2.2.2 The payment of plan check, permit and license fees relating to construction of the Tenant Improvements;; 00000/00000 Xxxxxxx Xxxxxx [Structural GenomiX, Inc.]
(c) 2.2.3 The cost of construction of the Tenant Improvements, including, without limitation, any cost of after-hours testing and inspection costs, freight elevator usage, hoisting and trash removal costs, and contractors' fees and general conditions;
(d) 2.2.4 The cost of any changes in the Base, Shell, Shell and Core work or the Landlord Work when such changes are required by the Construction DrawingsDrawings (including if such changes are due to the fact that such work is prepared on an unoccupied basis), such cost to include all direct architectural and/or engineering fees and expenses incurred in connection therewith;
(e) 2.2.5 The cost of any changes to the Construction Drawings or Drawings, Tenant Improvements or Landlord's Work required by applicable laws and building codes (collectively, “Code”);
(f) 2.2.6 Sales and use taxestaxes and Title 24 fees;
2.2.7 Landlord Consulting Fee", as that term is defined in Section 4.3 of this Tenant Work Letter; and
(g) 2.2.8 All other costs to be expended by Landlord in connection with the construction of the Tenant Improvements. In no event shall the Tenant Improvement Allowance Items include any costs of procuring or installing in the Premises any trade fixtures, equipment, furniture, furniture partitions or systems, furnishings, telephone, telecommunications, data and security wiring, cabling and equipment, or other personal property (“Personal Property”) to be used in the Premises by Tenant, and the cost of such Personal Property shall be paid by Tenant.
Appears in 1 contract
Samples: Lease (SGX Pharmaceuticals, Inc.)
Disbursement of the Tenant Improvement Allowance. Except as otherwise set forth in this Tenant Work Letter, the Tenant Improvement Allowance shall be disbursed by Landlord (each of which disbursements shall be made pursuant to Landlord’s disbursement process, which the disbursement process shall require the Architect to make field verifications and written certifications as required by Landlord described in connection with Landlord’s disbursements to Contractor (as defined Section 4.3.1 below)) only for the following items and costs (collectively collectively, the “Tenant Improvement Allowance Items”"TENANT IMPROVEMENT ALLOWANCE ITEMS"):
(a) 2.2.1 Payment of (i) the fees of all design consultants, project managers, the Architect "Space Planner," "Architect" and the Engineers ("Engineers," as those terms are defined below), (ii) charges for Landlord’s construction consultant and Building engineerin Section 3.1 of this Tenant Work Letter, and (iii) payment of the fees incurred by, and the cost of documents and materials supplied by, Landlord and Landlord’s 's consultants in connection with the preparation and review of the "Construction Drawings (Drawings," as that term is defined below);in Section 3.1 of this Tenant Work Letter; EXHIBIT B -5- PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems]
(b) 2.2.2 The payment of all governmental and utility service or connection fees, including, but not limited to, plan check, permit and license fees relating to construction of the Tenant Improvements; provided, however, the Tenant Improvement Allowance Items shall not include any costs for utilities or use of elevators during the construction of the Tenant Improvements;
(c) 2.2.3 The cost of construction of the Tenant ImprovementsImprovements within such Building, including, without limitation, any cost of after-hours freight elevator usageall labor, materials, testing and inspection costs, hoisting and trash removal costs, and contractors' fees and general conditions;
(d) 2.2.4 The cost of any changes in the Base, Shell, Shell and Core work when such changes are required by the Construction DrawingsDrawings (including if such changes are due to the fact that such work is prepared on an unoccupied basis), such cost to include all direct architectural architectural, engineering and/or engineering other consultant fees and expenses incurred in connection therewith;
(e) 2.2.5 The cost of any changes to the Construction Drawings or Tenant Improvements required by applicable laws and building governing codes (collectively"CODE") unless such changes are required to cause the Base, “Code”Shell and Core to comply with applicable building Code (however, changes to the Base, Shell and Core required due to the unique nature of the Tenant Improvements requested by Tenant shall be charged to the Tenant Improvement Allowance);
(f) 2.2.6 Sales and use taxes; andtaxes and Title 24 fees;
(g) 2.2.7 Landlord's Supervision Fee", as that term is defined in Section 4.3.2 of this Tenant Work Letter;
2.2.8 All other costs to be expended by Landlord and reasonably approved by Tenant in connection with the construction of the Tenant Improvements. In ; and
2.2.9 Costs incurred for Tenant's voice/data cabling, network racks and hardware, furniture, telecom system, keys, locks, security costs, relocation and interior and exterior signage (including Tenant's Signs); provided, however, in no event shall the Tenant Improvement Allowance Items include any aggregate costs of procuring or installing the items forth in this Section 2.2.9 exceed Seven Hundred Forty Thousand Three Hundred Ninety-Seven Dollars ($740,397.00). Landlord and Tenant acknowledge that the Base Rent for the Premises any trade fixtures, equipment, furniture, furniture partitions or systems, furnishings, telephone, telecommunications, data and security wiring, cabling and equipment, or other personal property includes an amortization (“Personal Property”with interest at twelve percent (12%) per annum) of the amount payable by Landlord pursuant to be used in the Premises by Tenant, and the cost of such Personal Property shall be paid by Tenantthis Section 2.2.9.
Appears in 1 contract
Samples: Office Lease (Peregrine Systems Inc)
Disbursement of the Tenant Improvement Allowance. Except as otherwise set forth in this Tenant Work Letter, the Tenant Improvement Allowance shall be disbursed by Landlord (each of which disbursements disbursement shall be made pursuant to Landlord’s standard disbursement process), which disbursement process shall require the Architect to make field verifications and written certifications as required by Landlord in connection with Landlord’s disbursements to Contractor (as defined below)) only for the following items and costs (collectively collectively, the “Tenant Improvement Allowance Items”):
(a) Payment 2.2.1 payment of (i) the fees of the Architect “Architect” and the Engineers (“Engineers”, as those terms are defined below), (ii) charges for Landlord’s construction consultant and Building engineerin Section 3.1 of this Tenant Work Letter, and (iii) payment of the fees incurred by, and the cost of documents and materials supplied by, Landlord and Landlord’s consultants in connection with the preparation and review of the “Construction Drawings (Drawings”, as that term is defined below)in Section 3.1 of this Tenant Work Letter;
(b) The 2.2.2 the payment of plan check, permit and license fees relating to construction of the Tenant Improvements;
(c) The 2.2.3 the cost of construction of the Tenant Improvements, including, without limitation, any cost contractors’ fees and general conditions, testing and inspection costs, costs of utilities, trash removal, parking and hoists, and the costs of after-hours freight elevator usage;
(d) The 2.2.4 the cost of any changes in the Base, Shell, Shell and Core when such changes are required by the Construction DrawingsDrawings (including if such changes are due to the fact that such work is prepared on an unoccupied basis), such cost to include all direct architectural and/or engineering fees and expenses incurred in connection therewith;
(e) The 2.2.5 the cost of any changes to the Construction Drawings or Tenant Improvements required by Code or any other applicable laws and building codes (collectively, “Code”)laws;
(f) Sales 2.2.6 sales and use taxestaxes and Title 24 fees;
2.2.7 the “Landlord Supervision Fee,” as that term is defined in Section 4.3.2 of this Tenant Work Letter; and
(g) All 2.2.8 all other costs to be expended by Landlord in connection with the construction of the Tenant Improvements. In no event shall the Tenant Improvement Allowance Items include any costs of procuring or installing in the Premises any trade fixtures, equipment, furniture, furniture partitions or systems, furnishings, telephone, telecommunications, data and security wiring, cabling and equipment, or other personal property (“Personal Property”) to be used in the Premises by Tenant, and the cost of such Personal Property shall be paid by Tenant.
Appears in 1 contract
Samples: Office Lease (Intervoice Inc)
Disbursement of the Tenant Improvement Allowance. Except as otherwise set forth in this Work LetterLetter Agreement, the Tenant Improvement Allowance shall be disbursed by Landlord (each of which disbursements shall be made pursuant to Landlord’s standard disbursement process), which disbursement process shall require the Architect to make field verifications and written certifications as required by Landlord in connection with Landlord’s disbursements to Contractor (as defined below)) only for the following items and costs (collectively collectively, the “Tenant Improvement Allowance Items”):
(a) 2.2.1 Payment of (i) the fees of the Architect “Architect” and the Engineers (“Engineers,” as those terms are defined below), (ii) charges for Landlord’s construction consultant and Building engineerin Section 3.1 of this Work Letter Agreement, and (iii) payment of the fees incurred by, and the cost of documents and materials supplied by, Landlord and Landlord’s consultants in connection with the preparation and review of the “Construction Drawings (Drawings,” as that term is defined below)in Section 3.1 of this Work Letter Agreement;
(b) 2.2.2 The payment of plan check, permit and license fees relating to construction of the Tenant Improvements;
(c) 2.2.3 The cost of construction of the Tenant Improvements, including, without limitation, any cost contractors” fees and general conditions, testing and inspection costs, costs of utilities, trash removal, parking and hoists, and the costs of after-hours freight elevator usage;
(d) 2.2.4 The cost of any changes in the Base, Shell, Shell and Core when such changes are required by the Construction DrawingsDrawings (including if such changes are due to the fact that such work is prepared on an unoccupied basis), such cost to include all direct architectural and/or engineering fees and expenses incurred in connection therewith;
(e) 2.2.5 The cost of any changes to the Construction Drawings or Tenant Improvements required by applicable laws and building codes (collectively, “Code”)any Applicable Laws;
(f) 2.2.6 Sales and use taxestaxes and Title 24 fees;
2.2.7 “Landlord’s Supervision Fee,” as that term is defined in Section 4.3.2 of this Work Letter Agreement;
2.2.8 The costs to install data cabling for the Expansion Premises; and
(g) 2.2.9 All other costs to be expended by Landlord in connection with the construction of the Tenant Improvements. In no event shall the Tenant Improvement Allowance Items include any costs of procuring or installing in the Premises any trade fixtures, equipment, furniture, furniture partitions or systems, furnishings, telephone, telecommunications, data and security wiring, cabling and equipment, or other personal property (“Personal Property”) to be used in the Premises by Tenant, and the cost of such Personal Property shall be paid by Tenant.
Appears in 1 contract
Samples: Lease (Cadence Pharmaceuticals Inc)
Disbursement of the Tenant Improvement Allowance. Except as otherwise set forth in this Tenant Work Letter, the Tenant Improvement Allowance shall be disbursed by Landlord (each of which disbursements shall be made pursuant to Landlord’s disbursement process, which the disbursement process shall require the Architect to make field verifications and written certifications as required by Landlord described in connection with Landlord’s disbursements to Contractor (as defined Section 4.3.1 below)) only for the following items and costs (collectively collectively, the “Tenant Improvement Allowance Items”"TENANT IMPROVEMENT ALLOWANCE ITEMS"):
(a) 2.2.1 Payment of (i) the fees of all design consultants, project managers, the Architect "Space Planner," "Architect" and the Engineers ("Engineers," as those terms are defined below), (ii) charges for Landlord’s construction consultant and Building engineerin Section 3.1 of this Tenant Work Letter, and (iii) payment of the fees incurred by, and the cost of documents and materials supplied by, Landlord and Landlord’s 's consultants in connection with the preparation and review of the "Construction Drawings (Drawings," as that term is defined below)in Section 3.1 of this Tenant Work Letter;
(b) 2.2.2 The payment of all governmental and utility service or connection fees, including, but not limited to, plan check, permit and license fees relating to construction of the Tenant Improvements; provided, however, the Tenant Improvement Allowance Items shall not include any costs for utilities or use of elevators during the construction of the Tenant Improvements;
(c) 2.2.3 The cost of construction of the Tenant ImprovementsImprovements within such Building, including, without limitation, any cost of after-hours freight elevator usageall labor, materials, testing and inspection costs, hoisting and trash removal costs, and contractors' fees and general conditions;
(d) 2.2.4 The cost of any changes in the Base, Shell, Shell and Core work when such changes are required by the Construction DrawingsDrawings (including if such changes are due to the fact that such work is prepared on an unoccupied basis), such cost to include all direct architectural architectural, engineering and/or engineering other consultant fees and expenses incurred in connection therewith;
(e) 2.2.5 The cost of any changes to the Construction Drawings or Tenant Improvements required by applicable laws and building governing codes (collectively"CODE") unless such changes are required to cause the Base, “Code”Shell and Core to comply with applicable building Code (however, EXHIBIT B -5- PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] changes to the Base, Shell and Core required due to the unique nature of the Tenant Improvements requested by Tenant shall be charged to the Tenant Improvement Allowance);
(f) 2.2.6 Sales and use taxes; andtaxes and Title 24 fees;
2.2.7 The costs incurred (gby Landlord or Tenant) in connection with third party design services prior to Lease execution (which costs shall not exceed Twenty Cents ($0.20) per rentable square foot of the Building);
2.2.8 Landlord's Supervision Fee", as that term is defined in Section 4.3.2 of this Tenant Work Letter;
2.2.9 All other costs to be expended by Landlord and reasonably approved by Tenant in connection with the construction of the Tenant Improvements. In ; and
2.2.10 Costs incurred for Tenant's voice/data cabling, network racks and hardware, furniture, telecom system, keys, locks, security costs, relocation and interior and exterior signage (including Tenant's Signs); provided, however, in no event shall the Tenant Improvement Allowance Items include any aggregate costs of procuring or installing the items forth in this Section 2.2.10 exceed Eight Hundred Sixty-Four Thousand Eighty-Seven Dollars ($864,087.00). Landlord and Tenant acknowledge that the Base Rent for the Premises any trade fixtures, equipment, furniture, furniture partitions or systems, furnishings, telephone, telecommunications, data and security wiring, cabling and equipment, or other personal property includes an amortization (“Personal Property”with interest at twelve percent (12%) per annum) of the amount payable by Landlord pursuant to be used in the Premises by Tenant, and the cost of such Personal Property shall be paid by Tenantthis Section 2.2.10.
Appears in 1 contract
Samples: Office Lease (Peregrine Systems Inc)
Disbursement of the Tenant Improvement Allowance. Except as otherwise set forth in this Tenant Work Letter, the Tenant Improvement Allowance shall be disbursed by Landlord (each of which disbursements disbursement shall be made pursuant to Landlord’s standard disbursement process), which disbursement process shall require the Architect to make field verifications and written certifications as required by Landlord in connection with Landlord’s disbursements to Contractor (as defined below)) only for the following items and costs (collectively collectively, the “Tenant Improvement Allowance Items”):
(a) 2.2.1 Payment of (i) the fees of the Architect “Architect” and the Engineers (“Engineers,” as those terms are defined below), (ii) charges for Landlord’s construction consultant in Section 3.1 of this Tenant Work Letter and Building engineer, and (iii) payment of the fees incurred by, and the cost of documents and materials supplied by, Landlord and Landlord’s consultants in connection with the preparation and review of the “Construction Drawings (Drawings,” as that term is defined below)in Section 3.1 of this Tenant Work Letter;
(b) 2.2.2 The payment of plan check, permit and license fees relating to construction of the Tenant Improvements;
(c) 2.2.3 The cost of construction of the Tenant Improvements, including, without limitation, any cost contractors’ fees and general conditions, testing and inspection costs, costs of utilities, trash removal, parking and hoists, and the costs of after-hours freight elevator usage;
(d) 2.2.4 The cost of any changes in the Base, Shell, Shell and Core when such changes are required by the Construction DrawingsDrawings (including if such changes are due to the fact that such work is prepared on an unoccupied basis), such cost to include all direct architectural and/or engineering fees and expenses incurred in connection therewith;
(e) 2.2.5 The cost of any changes to the Construction Drawings or Tenant Improvements required by any applicable laws and building codes (collectively, “Code”)laws;
(f) 2.2.6 Sales and use taxestaxes and Title 24 fees;
2.2.7 “Landlord’s Supervision Fee,” as that term is defined in Section 4.3.2 of this Tenant Work Letter;
2.2.8 The costs and expenses associated with complying with all national, state and local codes, including California Energy Code, Title 24, including, without limitation, all costs associated with any lighting or HVAC retrofits required thereby; and
(g) 2.2.9 All other costs to be expended by Landlord in connection with the construction of the Tenant Improvements. In no event shall the Tenant Improvement Allowance Items include any costs of procuring or installing in the Premises any trade fixtures, equipment, furniture, furniture partitions or systems, furnishings, telephone, telecommunications, data and security wiring, cabling and equipment, or other personal property (“Personal Property”) to be used in the Premises by Tenant, and the cost of such Personal Property shall be paid by Tenant.
Appears in 1 contract
Disbursement of the Tenant Improvement Allowance. Except as otherwise set forth in this Tenant Work Letter, the Tenant Improvement Allowance shall be disbursed by Landlord (each of which disbursements shall be made pursuant to Landlord’s disbursement process, which disbursement process shall require ) for costs related to the Architect to make field verifications construction of the Tenant Improvements and written certifications as required by Landlord in connection with Landlord’s disbursements to Contractor (as defined below)) only for the following items and costs (collectively collectively, the “Tenant Improvement Allowance Items”):
(a) Payment of ): (i) payment of the fees of the Architect “Architect” and the Engineers (“Engineers,” as those terms are defined below), (ii) charges for Landlord’s construction consultant and Building engineerin Section 3.1 of this Tenant Work Letter, and (iii) payment of the fees incurred by, and the cost of documents and materials supplied by, Landlord and Landlord’s consultants in connection with the preparation and review of the “Construction Drawings Drawings,” as that term is defined in Section 3.1 of this Tenant Work Letter; (as defined below);
(bii) The payment of plan check, permit and license fees relating to construction of the Tenant Improvements;
(c) The cost of construction of the Tenant Improvements, including, without limitation, any cost of after-hours freight elevator usage;
(d) The cost of any changes in the Base, Shell, Shell and Core when such changes are required by the Construction Drawings, such cost to include all direct architectural and/or engineering fees and expenses incurred in connection therewith;
; (eiii) The the cost of any changes to the Construction Drawings or Tenant Improvements required by all applicable laws and building codes (collectively, the “Code”);
; (fiv) Sales and use taxes; and
(g) All other costs to be expended by Landlord in connection with the construction cost of the Landlord’s Work; and (v) the “Landlord Supervision Fee”, as that term is defined in Section 4.3.2 of this Tenant Improvements. In no event shall the Tenant Improvement Allowance Items include any Work Letter; and (vi) costs of procuring or installing the purchase and installation of furniture, fixtures and equipment in the Premises any trade fixtures, equipment, furniture, furniture partitions or systems, furnishings, telephone, telecommunications, data and security wiring, cabling and equipment, or other personal property (“Personal PropertyFF&E”) to be used in the Premises by Tenant), and provided that the cost of such Personal Property the FF&E shall not exceed $12.50 per rentable square feet of the Premises. Landlord shall use commercially reasonable efforts to notify Tenant as promptly as reasonably possible in the event Landlord believes, following its review of the Construction Drawings, that changes will be paid by Tenantrequired as set forth in items (ii) and/or (iii) above, in order to allow Tenant to make applicable changes to the Construction Drawings.
Appears in 1 contract
Samples: Office Lease (LoopNet, Inc.)
Disbursement of the Tenant Improvement Allowance. Except as otherwise set forth in this Tenant Work Letter, the Tenant Improvement Allowance shall be disbursed by Landlord (each of which disbursements disbursement shall be made pursuant to Landlord’s standard disbursement process), which disbursement process shall require the Architect to make field verifications and written certifications as required by Landlord in connection with Landlord’s disbursements to Contractor (as defined below)) only for the following items and costs (collectively collectively, the “Tenant Improvement Allowance Items”):
(a) Payment 2.2.1 payment of (i) the fees of the Architect “Architect” and the Engineers (“Engineers,” as those terms are defined below), (ii) charges for Landlord’s construction consultant and Building engineerin Section 3.1 of this Tenant Work Letter, and (iii) payment of the fees incurred by, and the cost of documents and materials supplied by, Landlord and Landlord’s consultants in connection with the preparation and review of the “Construction Drawings (Drawings,” as that term is defined below)in Section 3.1 of this Tenant Work Letter;
(b) The 2.2.2 the payment of plan check, permit and license fees relating to construction of the Tenant Improvements;
(c) The 2.2.3 the cost of construction of the Tenant Improvements, including, without limitation, any cost contractors’ fees and general conditions, testing and inspection costs, costs of utilities, trash removal, parking and hoists, and the costs of after-hours freight elevator usage;
(d) The 2.2.4 the cost of any changes in the Base, Shell, Shell and Core when such changes are required by the Construction DrawingsDrawings (including if such changes are due to the fact that such work is prepared on an unoccupied basis), such cost to include all direct architectural and/or engineering fees and expenses incurred in connection therewith;
(e) The 2.2.5 the cost of any changes to the Construction Drawings or Tenant Improvements required by applicable laws and building codes (collectively, “Code”)laws;
(f) Sales 2.2.6 sales and use taxes; andtaxes and Title 24 fees;
(g) All 2.2.7 all other costs to be expended by Landlord in connection with the construction of the Tenant Improvements. In no event shall ; and
2.2.8 provided the Tenant Improvement Allowance Items include any costs is not used in its entirety pursuant to the foregoing Tenant Improvement Allowance Items, then Tenant shall have the right to reimbursement of procuring or installing in up to Thirty-Two Thousand One Hundred Sixty-One and 50/00 Dollars ($32,161.50) (the Premises any trade fixtures, equipment, “Furnishings Credit”) for Tenant’s furniture, furniture partitions or systems, furnishings, telephone, telecommunications, data and security wiring, cabling fixtures and equipment, or other personal property (“Personal Property”) to be used in the Premises by Tenant, and the cost of such Personal Property shall be paid by Tenant.
Appears in 1 contract
Samples: Lease Agreement (Cafepress Inc.)
Disbursement of the Tenant Improvement Allowance. Except as otherwise set forth in this Tenant Work Letter, the Tenant Improvement Allowance shall be disbursed by Landlord (each of which disbursements disbursement shall be made pursuant to Landlord’s standard disbursement process), which disbursement process shall require the Architect to make field verifications and written certifications as required by Landlord in connection with Landlord’s disbursements to Contractor (as defined below)) only for the following items and costs (collectively collectively, the “Tenant Improvement Allowance Items”):
(a) Payment 2.2.1 payment of (i) the fees of the Architect “Architect” and the Engineers “Engineers,” as those terms are defined in Section 3.1 of this Tenant Work Letter (as defined belowprovided, however, that only an amount not to exceed Three Dollars ($3.00) per usable square foot of the Premises (i.e., up to Thirteen Thousand Nine Hundred Ninety-Two Dollars ($13,992.00) based on 4,664 usable square feet of the Premises) may be deducted from the Tenant Improvement Allowance to pay for such fees), (ii) charges for Landlord’s construction consultant and Building engineer, and (iii) payment of the fees incurred by, and the cost of documents and materials supplied by, Landlord and Landlord’s consultants in connection with the preparation and review of the “Construction Drawings (Drawings,” as that term is defined below)in Section 3.1 of this Tenant Work Letter;
(b) The 2.2.2 the payment of plan check, permit and license fees relating to construction of the Tenant Improvements;
(c) The 2.2.3 the cost of construction of the Tenant Improvements, including, without limitation, any cost contractors’ fees and general conditions, testing and inspection costs, costs of utilities, trash removal, parking and hoists, and the costs of after-hours freight elevator usage;
(d) The 2.2.4 the cost of any changes in the Base, Shell, Shell and Core when such changes are required by the Construction DrawingsDrawings (including if such changes are due to the fact that such work is prepared on an unoccupied basis), such cost to include all direct architectural and/or engineering fees and expenses incurred in connection therewith;
(e) The 2.2.5 the cost of any changes to the Construction Drawings or Tenant Improvements required by applicable laws and building codes (collectively, “Code”)laws;
(f) Sales 2.2.6 sales and use taxestaxes and Title 24 fees;
2.2.7 the “Landlord Supervision Fee,” as that term is defined in Section 4.3.2 of this Tenant Work Letter; and
(g) All 2.2.8 all other costs to be expended by Landlord in connection with the construction of the Tenant Improvements. In no event shall the Tenant Improvement Allowance Items include any costs of procuring or installing in the Premises any trade fixtures, equipment, furniture, furniture partitions or systems, furnishings, telephone, telecommunications, data and security wiring, cabling and equipment, or other personal property (“Personal Property”) to be used in the Premises by Tenant, and the cost of such Personal Property shall be paid by Tenant.
Appears in 1 contract
Samples: Office Lease (1st Pacific Bancorp)
Disbursement of the Tenant Improvement Allowance. Except as otherwise set forth in this Tenant Work Letter, the Tenant Improvement Allowance shall be disbursed by Landlord (each of which disbursements shall be made pursuant to Landlord’s 's disbursement process, which disbursement process shall require the Architect to make field verifications and written certifications as required by Landlord in connection with Landlord’s disbursements to Contractor (as defined below)) only for the following items and costs (collectively collectively, the “"Tenant Improvement Allowance Items”"):
(a) 2.2.1 Payment of (i) the fees of the Architect "Architect" and the Engineers "Engineers," as those terms are defined in Section 3.1 of this Tenant Work Letter, (and Tenant's Project Manager (as defined in Section 2.3, below), (ii) charges for Landlord’s construction consultant and Building engineerwhose fees shall, notwithstanding anything to the contrary contained in this Tenant Work Letter, not exceed an aggregate amount equal to $5.00 per rentable square foot of the Premises), and (iii) payment of the fees incurred by, and the cost of documents and materials supplied by, Landlord and Landlord’s 's consultants in connection with the preparation and review of the "Construction Drawings (Drawings," as that term is defined below)in Section 3.1 of this Tenant Work Letter;
(b) 2.2.2 The payment of plan check, permit and license fees relating to construction of the Tenant Improvements;
(c) 2.2.3 The cost of construction of the Tenant Improvements, including, without limitation, any cost of after-hours freight elevator usagetesting and inspection costs, hoisting and trash removal costs, and contractors' fees and general conditions;
(d) 2.2.4 The cost of any changes in the Base, Shell, Shell and Core when such changes are required by the Construction DrawingsDrawings (including if such changes are due to the fact that such work is prepared on an unoccupied basis), such cost to include all direct architectural and/or engineering fees and expenses incurred in connection therewith;
(e) The 2.2.5 Subject to Landlord's obligations under Section 1, above, the cost of any changes to the Construction Drawings or Tenant Improvements required by all applicable laws and building codes (collectively, “the "Code”");
2.2.6 The cost of connection of the Premises to the Building's energy management systems, as required;
2.2.7 FF&E Costs (fas defined in Exhibit B-1 to this Lease) which are incurred by Landlord or Tenant in accordance with the terms and conditions (and not to exceed the aggregate limit on the allocation of the Tenant Improvement Allowance to be applied to FF&E Costs by Tenant, as set forth in Section 3.2.2 of Exhibit B-1 to this Lease, to the extent that such FF&E Costs are allocated by Tenant to the Tenant Improvement Allowance Items of Must-Take Space 1 or Must-Take Space 3 in accordance with any TIA Allocation Notices for the Premises (regardless of where such Tenant's FF&E is physically located within the Premises or elsewhere in the Project, or whether the work associated with Tenant's Fit-Out Costs is performed within the Premises or elsewhere in the Project);
2.2.8 The cost of the "PMA's Fee," as that term is defined in Section 2.3.2 of this Tenant Work Letter;
2.2.9 Sales and use taxestaxes and Title 24 fees; and
(g) 2.2.10 All other actual and reasonable out-of-pocket costs to be expended incurred by Landlord in connection with the construction of the Tenant Improvements. In no event shall the Tenant Improvement Allowance Items include any costs of procuring or installing in the Premises any trade fixtures, equipment, furniture, furniture partitions or systems, furnishings, telephone, telecommunications, data Improvements and security wiring, cabling and equipment, or other personal property (“Personal Property”) to be used in the Premises by Tenant, and the cost of such Personal Property shall be paid reasonably approved by Tenant.
Appears in 1 contract
Samples: Lease (Nuvasive Inc)
Disbursement of the Tenant Improvement Allowance. Except as otherwise set forth in this Tenant Work Letter, the Tenant Improvement Allowance shall be disbursed by Landlord (each of which disbursements disbursement shall be made pursuant to Landlord’s 's standard disbursement process), which disbursement process shall require the Architect to make field verifications and written certifications as required by Landlord in connection with Landlord’s disbursements to Contractor (as defined below)) only for the following items and costs (collectively collectively, the “"Tenant Improvement Allowance Items”"):
(a) 2.2.1 Payment of (i) the fees of the Architect and the Engineers (as such terms are defined below), (ii) charges for Landlord’s construction consultant and Building engineer, the reasonable and (iii) the actual fees incurred by, and the reasonable and actual cost of documents and materials supplied by, Landlord and Landlord’s 's consultants in connection with the preparation and review of the Construction Drawings (as defined below);
(b) 2.2.2 The payment of plan check, permit and license fees relating to construction of the Tenant Improvements;
(c) 2.2.3 The cost of construction of the Tenant Improvements, including, without limitation, any cost contractors' fees and general conditions, testing and inspection costs, costs of utilities, trash removal, parking and hoists, and the costs of after-hours freight elevator usage;
(d) 2.2.4 The cost of any changes in the Base, Shell, Shell and Core when such changes are required by the Construction DrawingsDrawings (including if such changes are due to the fact that such work is prepared on an unoccupied basis), such cost to include all direct architectural and/or engineering fees and expenses incurred in connection therewith, but expressly excluding the cost and expenses of any Landlord's Work;
(e) 2.2.5 The cost of any changes to the Construction Drawings or Tenant Improvements required by Code or any other applicable laws and building codes (collectively, “Code”)laws;
(f) 2.2.6 Sales and use taxestaxes and Title 24 fees;
2.2.7 The cost of the Landlord Supervision Fee (as defined below); andand 843078.08/SD374622-00033/8-4-16/MLT/dek Exhibit B-2- GENESIS SSF - ONE TOWER PLACE[Achaogen, Inc.]
(g) All 2.2.8 all other reasonable and actual costs to be expended by Landlord in connection with the design and construction of the Tenant Improvements. In no event shall the Tenant Improvement Allowance Items include any costs of procuring or installing in the Premises any trade fixtures, equipment, furniture, furniture partitions or systems, furnishings, telephone, telecommunications, data and security wiring, cabling and equipment, or other personal property (“Personal Property”) to be used in the Premises by Tenant, and the cost of such Personal Property shall be paid by Tenant.
Appears in 1 contract
Samples: Lease (Achaogen Inc)
Disbursement of the Tenant Improvement Allowance. Except as otherwise set forth in this Tenant Work Letter, the Tenant Improvement Allowance shall be disbursed by Landlord (each of which disbursements shall be made pursuant to Landlord’s 's disbursement process, which shall be typical and customary of the disbursement process shall require for similar improvements being constructed in the Architect Comparable Buildings, with one draw/reimbursement procedure each month pursuant to make field verifications timely submitted and written certifications approved invoices with respect to the construction of the Tenant Improvements, together with full or partial lien releases as required by Landlord customary under the disbursement standards set forth in connection with Landlord’s disbursements this sentence) for the costs related to Contractor (as defined below)) only the construction of the Tenant Improvements and for the following items and costs (collectively collectively, the “"Tenant Improvement Allowance Items”):
(a) Payment of "): (i) payment of the fees of the Architect "Architect" and the Engineers ("Engineers," as those terms are defined below), (ii) charges for Landlord’s construction consultant and Building engineerin Section 3.1 of this Tenant Work Letter, and (iii) payment of the fees incurred by, and the cost of documents and materials supplied by, the Architect and Engineers selected by Landlord and Landlord’s consultants Tenant pursuant to the provisions of this Work Letter in connection with the preparation and review of the "Construction Drawings Drawings," as that term is defined in Section 3.1 of this Tenant Work Letter; (as defined below);
(bii) The payment of plan check, permit and license fees relating to construction of the Tenant Improvements;
(c) The cost of construction of the Tenant Improvements, including, without limitation, any cost of after-hours freight elevator usage;
(d) The cost of any changes in the Base, Shell, Shell and Core when such changes are required by the Construction Drawings, such cost to include all direct architectural and/or engineering fees and expenses incurred in connection therewith;
; (eiii) The the cost of any changes to the Construction Drawings or Tenant Improvements required by all applicable laws and building codes (collectivelythe "Code"); (iv) the "Landlord Supervision Fee", “Code”);
as that term is defined in Section 4.3.2 of this Tenant Work Letter; and (fv) Sales and use taxes; and
(g) All other the costs to be expended by Landlord in connection with of finishing the construction tenant side of the Tenant Improvements. In no event shall the Tenant Improvement Allowance Items include any costs of procuring or installing demising and corridor walls, as referenced in the Premises any trade fixtures, equipment, furniture, furniture partitions or systems, furnishings, telephone, telecommunications, data and security wiring, cabling and equipment, or other personal property (“Personal Property”) to be used in the Premises by Tenant, and the cost of such Personal Property shall be paid by TenantSection 1.1.10 above.
Appears in 1 contract
Samples: Office Lease (Nextcard Inc)
Disbursement of the Tenant Improvement Allowance. Except as otherwise set forth in this Tenant Work Letter, the Tenant Improvement Allowance shall be disbursed by Landlord (each of which disbursements disbursement shall be made pursuant to Landlord’s standard disbursement process), which disbursement process shall require the Architect to make field verifications and written certifications as required by Landlord in connection with Landlord’s disbursements to Contractor (as defined below)) only for the following items and costs (collectively collectively, the “Tenant Improvement Allowance Items”):
(a) Payment 2.2.1 payment of (i) the fees of the Architect “Architect” and the Engineers (“Engineers,” as those terms are defined below), (ii) charges for Landlord’s construction consultant and Building engineerin Section 3.1 of this Tenant Work Letter, and (iii) payment of the fees incurred by, and the cost of documents and materials supplied by, Landlord and Landlord’s consultants in connection with the preparation and review of the “Construction Drawings (Drawings,” as that term is defined below)in Section 3.1 of this Tenant Work Letter;
(b) The 2.2.2 the payment of plan check, permit and license fees relating to construction of the Tenant Improvements;
(c) The 2.2.3 the cost of construction of the Tenant ImprovementsImprovements (including renovation of the restrooms in the Premises and/or removal of all or a portion of the corridor on the fourth floor of the Building, to the extent such work is included in the Construction Drawings), including, without limitation, any cost contractors’ fees and general conditions, testing and inspection costs, costs of after-hours freight elevator usageutilities, trash removal and hoists;
(d) The 2.2.4 the cost of any changes in the Base, Shell, Shell and Core when such changes are required by the Construction DrawingsDrawings (including if such changes are due to the fact that such work is prepared on an unoccupied basis), such cost to include all direct architectural and/or engineering fees and expenses incurred in connection therewith;
(e) The 2.2.5 the cost of any changes to the Construction Drawings applicable to the interior of the Premises or Tenant Improvements applicable to the interior of the Premises required by applicable laws and building codes (collectively, “Code”)laws;
(f) Sales 2.2.6 sales and use taxestaxes and Title 24 fees;
2.2.7 the “Landlord Supervision Fee,” as that term is defined in Section 4.3.2 of this Tenant Work Letter;
2.2.8 provided the Tenant Improvement Allowance is not used in its entirety pursuant to the foregoing Tenant Improvement Allowance Items, then Tenant shall have the right to reimbursement of up to One Hundred Three Thousand Nine Hundred and Fifty Dollars ($103,950) (the “Furnishings Credit”) for Tenant’s furniture, fixtures and equipment; and
(g) All 2.2.9 all other costs to be reasonably expended by Landlord in connection with the construction of the Tenant Improvements. In no event shall the Tenant Improvement Allowance Items include any costs of procuring or installing in the Premises any trade fixtures, equipment, furniture, furniture partitions or systems, furnishings, telephone, telecommunications, data and security wiring, cabling and equipment, or other personal property (“Personal Property”) to be used in the Premises by Tenant, and the cost of such Personal Property shall be paid by Tenant.
Appears in 1 contract
Samples: Office Lease (Serena Software Inc)
Disbursement of the Tenant Improvement Allowance. Except as otherwise set forth in this Tenant Work Letter, the Tenant Improvement Allowance shall be disbursed by Landlord (each of which disbursements shall be made pursuant to Landlord’s disbursement process, which disbursement process shall require ) for costs related to the Architect to make field verifications construction of the Tenant Improvements and written certifications as required by Landlord in connection with Landlord’s disbursements to Contractor (as defined below)) only for the following items and costs (collectively collectively, the “Tenant Improvement Allowance Items”):
(a) Payment of ): (i) payment of the fees of the Architect “Architect” and the Engineers “Engineers,” as those terms are defined in Section 3.1 of this Tenant Work Letter (provided that Tenant’s right to reimbursement from the Tenant Improvement Allowance for the Architect’s fees for preparing the “Final Space Plan,” as that term is defined belowin Section 3.1 of this Tenant Work Letter, shall not exceed $0.12 per usable square foot of space within the Premises), (ii) charges for Landlord’s construction consultant and Building engineer, and (iii) payment of the fees incurred by, and the cost of documents and materials supplied by, Landlord and Landlord’s consultants in connection with the preparation and review of the “Construction Drawings Drawings,” as that term is defined in Section 3.1 of this Tenant Work Letter; (as defined below);
(bii) The payment of plan check, permit and license fees relating to construction of the Tenant Improvements;
(c) The cost of construction of the Tenant Improvements, including, without limitation, any cost of after-hours freight elevator usage;
(d) The cost of any changes in the Base, Shell, Shell and Core when such changes are required by the Construction Drawings, such cost to include all direct architectural and/or engineering fees and expenses incurred in connection therewith;
; (eiii) The the cost of any changes to the Construction Drawings or Tenant Improvements required by all applicable laws and building codes (collectively, the “Code”);
; (fiv) Sales and use taxes; and
(g) All other costs to be expended by Landlord in connection with the construction of the Tenant Improvements. In no event shall the Tenant Improvement Allowance Items include any costs of procuring or installing in the Premises any trade fixtures, equipment, furniture, furniture partitions or systems, furnishings, telephone, telecommunications, data and security wiring, cabling and equipment, or other personal property (“Personal Property”) to be used in the Premises by Tenant, and the cost of such Personal Property shall be paid the Landlord’s Work; (v) the “Landlord Supervision Fee”, as that term is defined in Section 4.3.2 of this Tenant Work Letter; and (vi) a portion of the costs, as designated by TenantLandlord, of the tenant demising walls, and public corridor and Lobby walls and materials, if any, as designated by Landlord.
Appears in 1 contract
Samples: Lease Agreement (Buy Com Inc)
Disbursement of the Tenant Improvement Allowance. Except as otherwise set forth in this Tenant Work Letter, the Tenant Improvement Allowance shall be disbursed by Landlord (each of which disbursements disbursement shall be made pursuant to Landlord’s 's standard disbursement process), which disbursement process shall require the Architect to make field verifications and written certifications as required by Landlord in connection with Landlord’s disbursements to Contractor (as defined below)) only for the following items and costs (collectively collectively, the “"Tenant Improvement Allowance Items”"):
(a) Payment 4.2.1 payment of (i) the fees of the Architect "Architect" and the Engineers ("Engineers," as those terms are defined below), (ii) charges for Landlord’s construction consultant and Building engineerin Section 3.1 of this Tenant Work Letter, and (iii) payment of the fees incurred by, and the cost of documents and materials supplied by, Landlord and Landlord’s 's consultants in connection with the preparation and review of the "Construction Drawings (Drawings," as that term is defined below);
(b) The payment in Section 3.1 of plan check, permit and license fees relating to construction of the this Tenant Work Letter; Improvements;
(c) The 4.2.2 EXHIBIT B EXHIBIT B
4.2.3 the cost of construction of the Tenant Improvements, including, without limitation, any cost contractors' fees and general conditions, testing and inspection costs, costs of utilities, trash removal, parking and hoists, and the costs of after-hours freight elevator usage;
(d) The 4.2.4 the cost of any changes in the Base, Shell, Shell and Core when such changes are required by the Construction DrawingsDrawings (including if such changes are due to the fact that such work is prepared on an unoccupied basis), such cost to include all direct architectural and/or engineering fees and expenses incurred in connection therewith;
(e) The 4.2.5 the cost of any changes to the Construction Drawings or Tenant Improvements required by Code or any other applicable laws and building codes (collectively, “Code”)laws;
(f) Sales 4.2.6 sales and use taxestaxes and Title 24 fees;
4.2.7 the costs and expenses associated with complying with all national, state and local codes, including California Energy Code, Title 24, including, without limitation, all costs associated with any lighting or HVAC retrofits required thereby; Work Letter; and
(g) All 4.2.8 EXHIBIT B EXHIBIT B
4.2.9 all other costs to be expended by Landlord in connection with the construction of the Tenant Improvements. In no event shall the Tenant Improvement Allowance Items include any costs of procuring or installing in the Premises any trade fixtures, equipment, furniture, furniture partitions or systems, furnishings, telephone, telecommunications, data and security wiring, cabling and equipment, or other personal property (“Personal Property”) to be used in the Premises by Tenant, and the cost of such Personal Property shall be paid by Tenant.
Appears in 1 contract
Samples: Office Lease (Vivus Inc)
