Common use of Disbursement of the Tenant Improvement Allowance Clause in Contracts

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 construction of the Tenant Improvements and for the following items and costs (collectively, the "TENANT IMPROVEMENT ALLOWANCE ITEMS"): (i) payment of the fees of the "Architect" and the "Engineers," as those terms are defined in Section 3.1 of this Tenant Work Letter, and 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 in Section 3.1 of this Tenant Work Letter; (ii) the cost of permits, construction supervision fees and the cost of installing data and voice cabling throughout the Premises and the back-up generator referenced in Section 9(b) of the Lease; (iii) the cost of any changes in the Base, Shell and Core required by the Construction Drawings; (iv) the cost of any changes in the base, Shell and Core required by the Construction required by applicable building codes (the "CODE"); and (v) the "Landlord Supervision Fee", as that term is defined in Section 4.3.2 of this Tenant Work Letter. However, in no event shall more than Three and 00/100 Dollars ($3.00) per usable square foot of the Tenant Improvement Allowance be used for the items described in (i) and (ii) above, any additional amount incurred as a result of (i) and (ii) above shall be deemed to constitute an Over-Allowance Amount.

Disbursement of the Tenant Improvement Allowance. Concurrently with the execution of this Lease, Landlord and Tenant are entering into that certain Agreement Re Letter of Credit (the "LC Agreement") pursuant to which Landlord has agreed to deposit the Tenant Improvement Allowance into the "Project Account," as defined in such LC Agreement. The Tenant Improvement Allowance shall be disbursed by Landlord in accordance with the terms of the LC Agreement. 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 construction of the Tenant Improvements and for the following items and costs (collectively, the "TENANT IMPROVEMENT ALLOWANCE ITEMSTenant Improvement Allowance Items"): (i) payment of the fees of the "Tenant's Architect", "Architect" and the "Engineers," as those terms are defined in Section 3.1 of this Tenant Work Letter, and 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 in Section 3.1 of this Tenant Work Letter; (ii) the cost of permitsany changes in the Base, construction supervision fees Shell and Core when such changes are required by the cost of installing data and voice cabling throughout the Premises and the back-up generator referenced in Section 9(b) of the LeaseConstruction Drawings; (iii) the cost of any changes in to the Base, Shell and Core Construction Drawings or Tenant Improvements required by the Construction DrawingsCode; (iv) the cost of any changes in Tenant's relocation into the basePremises, Shell and Core required by up to a maximum amount equal to $1.00 per rentable square foot of the Construction required by applicable building codes (the "CODE")Premises; and (v) the "Landlord Supervision Fee", as that term is defined in Section 4.3.2 of this Tenant Work Letter. However, in no event shall more than Three and 00/100 Dollars ($3.00) per usable square foot of the Tenant Improvement Allowance be used for the items described in (i) and (ii) above, any additional amount incurred as a result of (i) and (ii) above shall be deemed to constitute an Over-Allowance Amount.

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 construction of the Tenant Improvements and for the following items and costs (collectively, the "TENANT IMPROVEMENT ALLOWANCE ITEMSTenant Improvement Allowance Items"): (i) payment of the fees of the "Architect" and the "Engineers," as those terms are defined in Section 3.1 of this Tenant Work Letter, and 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 in Section 3.1 of this Tenant Work Letter; (ii) the cost of permitsany changes in the Base, construction supervision fees Shell and Core when such changes are required by the cost of installing data and voice cabling throughout the Premises and the back-up generator referenced in Section 9(b) of the LeaseConstruction Drawings; (iii) the cost of any changes in to the Base, Shell and Core Construction Drawings or Tenant Improvements required by the Construction Drawings; (iv) the cost of any changes in the base, Shell and Core required by the Construction required by all applicable building codes (the "CODECode"); (iv) telephone, electrical, television and data cabling; and (v) the "Landlord Supervision Fee", as that term is defined in Section 4.3.2 of this Tenant Work Letter. However, in no event shall more than Three and 00/100 Dollars ($3.00) per usable square foot of the Tenant Improvement Allowance be used for the items described in (i) and (ii) above, any additional amount incurred as a result of (i) and (ii) above shall be deemed to constitute an Over-Allowance Amount.

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) for costs related to the construction of the Tenant Improvements and for the following items and costs (collectively, the "TENANT IMPROVEMENT ALLOWANCE ITEMS"“Tenant Improvement Allowance Items”): (i) payment of the fees of the "“Architect" and the "Engineers," ”, as those terms are that term is defined in Section 3.1 of this Tenant Work Letter, 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," ” as that term is defined in Section 3.1 of this Tenant Work Letter; , including, without limitation, the “Systems Plans,” as that term is defined in Section 3.4.2 of this Tenant Work Letter, (ii) payment of out-of-pocket costs incurred by Tenant for consultants in connection with the cost of permits, construction supervision fees and the cost of installing data and voice cabling throughout the Premises and the back-up generator referenced in Section 9(b) of the Lease; Tenant Improvements (including, without limitation, supervision fees), (iii) costs incurred in obtaining any permits required in connection with the Tenant Improvements, (iv) the cost of any changes in the Base, Shell and Core when such changes are required by the Construction Drawings; (ivv) the cost of any changes in to the base, Shell and Core Construction Drawings or Tenant Improvements required by the Construction required by all applicable building codes (the "CODE"“Code”); (vi) fifty percent (50%) of the cost to construct the demising wall described in Section 1.2, above; and (vvii) the "“Landlord Supervision Fee"”, as that term is defined in Section 4.3.2 of this Tenant Work Letter. However, in no event shall more than Three and 00/100 Dollars ($3.00) per usable square foot of the Tenant Improvement Allowance be used for the items described in (i) and (ii) above, any additional amount incurred as a result of (i) and (ii) above shall be deemed to constitute an Over-Allowance Amount.

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 the costs related to of the construction of the Tenant Improvements and for the following items and costs (collectively, the "TENANT IMPROVEMENT ALLOWANCE ITEMSTenant Improvement Allowance Items"): (i) payment of the fees of the "Architect" and the "Engineers," as those terms are defined in Section 3.1 of this Tenant Work Letter, and 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 in Section 3.1 of this Tenant Work Letter; (ii) the cost of permits, permits and construction supervision fees and the cost of installing data and voice cabling throughout the Premises and the back-up generator referenced in Section 9(b) of the Leasefees; (iii) the cost of any changes in the Base, Shell and Core required by the Construction Drawings; (iv) the cost of any changes in the base, Shell and Core required by to the Construction Drawings or Tenant Improvements required by applicable building codes (the "CODECode"); (v) any other costs triggered by the performance of the Tenant Improvements which are required by any Code; (vi) the cost of demolishing any existing improvements in the Premises; and (vvii) the "Landlord Supervision Fee", as that term is defined in Section 4.3.2 of this Tenant Work Letter. However, in no event shall more than Three and 00/100 Dollars ($3.00) per usable square foot of the Tenant Improvement Allowance be used for the items described in (i) and (ii) above, ; any additional amount incurred as a result of (i) and (ii) above shall be deemed to constitute an Over-Allowance Amount.

Disbursement of the Tenant Improvement Allowance. Except Subject to ------------------------------------------------ Tenant's right to receive disbursements of the Tenant Improvement Allowance as otherwise ------------------------------------------------ set forth in this herein, Tenant Work Letter, shall pay all costs related to the construction of the Tenant Improvements. The Tenant Improvement Allowance shall be disbursed by Landlord (each of which disbursements shall be made pursuant to Landlord's disbursement processprocess to Tenant or directly to Tenant's Contractor, as requested) for costs related to the construction of the Tenant Improvements and for the following items and costs (collectively, the "TENANT IMPROVEMENT ALLOWANCE ITEMSTenant Improvement Allowance Items"): (i) payment of the fees of the "Architect" and the "Engineers," as those terms are defined in Section 3.1 of this Tenant Work Letter, and 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 in Section 3.1 of ----------- this Tenant Work Letter; (ii) the cost of permits, construction supervision fees and the cost of installing data and voice cabling throughout the Premises and the back-up generator referenced in Section 9(b) of the Lease; (iii) the cost of any changes in the Base, Shell and Core when such changes are required by the Construction Drawings; (iviii) the cost of any changes in to the base, Shell and Core Construction Drawings or Tenant Improvements required by the Construction required by applicable building codes Code; (the "CODE"); and (viv) the "Landlord Supervision Administration Fee", as that term is defined in Section 4.3.2 of this Tenant Work Letter. However, in no event shall more than Three and 00/100 Dollars ($3.00) per usable square foot of the Tenant Improvement Allowance be used for the items described in (i) and (ii) above, any additional amount incurred as a result of (i) and (ii) above shall be deemed to constitute an Over-Allowance Amount------- 4.

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 construction of the Tenant Improvements and for the following items and costs (collectively, the "TENANT IMPROVEMENT ALLOWANCE ITEMS"): (i) payment of the fees of the "Tenant's Architect", "Architect" and the "Engineers," as those terms are defined in Section 3.1 of this Tenant Work Letter, and 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 DrawingsCONSTRUCTION DRAWINGS," as that term is defined in Section 3.1 of this Tenant Work Letter; (ii) the cost of permitsany changes in the Base, construction supervision fees Shell and Core when such changes are required by the cost of installing data and voice cabling throughout the Premises and the back-up generator referenced in Section 9(b) of the LeaseConstruction Drawings; (iii) the cost of any changes in to the Base, Shell and Core Construction Drawings or Tenant Improvements required by the Construction DrawingsCode; (iv) the cost of any changes in Tenant's relocation into the basePremises, Shell and Core required by up to a maximum amount equal to $1.00 per rentable square foot of the Construction required by applicable building codes (the "CODE")Premises; and (v) the "Landlord Supervision FeeLANDLORD SUPERVISION FEE", as that term is defined in Section 4.3.2 of this Tenant Work Letter. However, in no event shall more than Three and 00/100 Dollars ($3.00) per usable square foot of the Tenant Improvement Allowance be used for the items described in (i) and (ii) above, any additional amount incurred as a result of (i) and (ii) above shall be deemed to constitute an Over-Allowance Amount.

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 construction of the Tenant Improvements and only for the following items and costs (collectively, the "TENANT IMPROVEMENT ALLOWANCE ITEMSTenant Improvement Allowance Items"): (i) payment ): 2.2.1 Payment of the fees of the "Architect" and the "Engineers," as those terms are defined in Section 3.1 of this Tenant Work Letter, which 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 (2%) 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 consultants in connection with the preparation and review of the "Construction Drawings," as that term is defined in Section 3.1 of this Tenant Work Letter; (ii) the cost of permits, construction supervision fees and the cost of installing data and voice cabling throughout the Premises and the back-up generator referenced in Section 9(b) of the Lease; (iii) the cost of any changes in the Base, Shell and Core required by the Construction Drawings; (iv) the cost of any changes in the base, Shell and Core required by the Construction required by applicable building codes (the "CODE"); and (v) the "Landlord Supervision Fee", as that term is defined in Section 4.3.2 of this Tenant Work Letter. However, in no event shall more than Three and 00/100 Dollars ($3.00) per usable square foot of the Tenant Improvement Allowance be used for the items described in (i) and (ii) above, any additional amount incurred as a result of (i) and (ii) above shall be deemed to constitute an Over-Allowance Amount2.

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 construction of the Tenant Improvements and for the following items and costs (collectively, the "TENANT IMPROVEMENT ALLOWANCE ITEMSTenant Improvement Allowance Items"): (i) payment of the fees of the "Architect" and the "Engineers," as those terms are defined in Section 3.1 of ----------- this Tenant Work Letter, and 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 in Section 3.1 of this Tenant Work Letter; (ii) the cost of permits----------- any changes in the Base, construction supervision fees Shell and Core when such changes are required by the cost of installing data and voice cabling throughout the Premises and the back-up generator referenced in Section 9(b) of the LeaseConstruction Drawings; (iii) the cost of any changes in to the Base, Shell and Core Construction Drawings or Tenant Improvements required by the Construction Drawings; (iv) the cost of any changes in the base, Shell and Core required by the Construction required by all applicable building codes (the "CODECode"); and (viv) the "Landlord Supervision Fee", as that term is defined in Section 4.3.2 of this Tenant Work Letter. However, in no event shall more than Three and 00/100 Dollars ($3.00) per usable square foot of the Tenant Improvement Allowance be used for the items described in (i) and (ii) above, any additional amount incurred as a result of (i) and (ii) above shall be deemed to constitute an Over-Allowance Amount------- 4.

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) for costs related to the construction of the Tenant Improvements and for the following items and costs (collectively, the "TENANT IMPROVEMENT ALLOWANCE ITEMS"“Tenant Improvement Allowance Items”): (i) payment of the fees of the "“Architect" ” and the "“Engineers," ” as those terms are defined in Section 3.1 of this Tenant Work Letter, 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," ” as that term is defined in Section 3.1 of this Tenant Work Letter; (ii) the cost of permits, construction supervision fees and any changes in the cost of installing data and voice cabling throughout Base Building when such changes are required by the Premises and the back-up generator referenced in Section 9(b) of the LeaseConstruction Drawings; (iii) the cost of any changes in to the Base, Shell and Core Construction Drawings or Tenant Improvements required by all applicable building codes (the Construction Drawings“Code”); (iv) the cost of any changes in the base, Shell and Core required by the Construction required by applicable building codes (the "CODE")Landlord’s Work; and (v) the "“Landlord Supervision Fee"”, as that term is defined in Section 4.3.2 of this Tenant Work Letter. However, in no event shall more than Three ; and 00/100 Dollars ($3.00vi) per usable square foot a portion of the Tenant Improvement Allowance be used for costs of the items described in (i) tenant demising walls and (ii) abovepublic corridor walls and materials, any additional amount incurred if any, as a result of (i) and (ii) above shall be deemed to constitute an Over-Allowance Amountdesignated by Landlord.