Excess Tenant Improvement Costs. Prior to commencing the Work, Landlord shall submit to Tenant a written statement of the actual Tenant Improvement Costs (the “Actual TI Costs”) (which shall include the amount of any overtime projected as necessary to Substantially Complete the Work by the Completion Date) as then known by Landlord, and such statement shall indicate the amount, if any, by which the Actual TI Costs exceeds the Tenant Improvement Allowance (the “Excess Tenant Improvement Costs”). The term “Excess Tenant Improvement Costs” shall also include the costs related to any and all Change Orders. Tenant agrees, within three (3) days after submission to it of such statement, to execute and deliver to Landlord, in the form then in use by Landlord, an authorization to proceed with the Work. Tenant shall faithfully pay all of the Excess Tenant Improvement Costs to Landlord in the following described manner. A portion of the Excess Tenant Improvement Costs up to a maximum amount of Forty Nine Thousand Two Hundred Seven and 50/100 Dollars ($49,207.50) shall be amortized over the initial term of the Lease at a fixed interest rate of eleven percent (11%) per annum and such amortized amount (together with interest charges thereon) shall be paid by Tenant with, and as part of, the Rent for the Premises in accordance with the provisions and requirements of Section 3 of the Lease (the “Amortized Excess TI Costs”). Except as set forth in Section 3(k) above, the portion of the Excess Tenant Improvement Costs in excess of the principal amount of the Amortized Excess TI Costs shall be paid by Tenant, in cash, to Landlord within ten (10) days of Landlord’s delivery to Tenant of a written demand therefor together with a reconciliation of such costs. Within two (2) weeks after the Tenant Improvements have been Substantially Completed and the actual Tenant Improvement Costs are known, the parties shall execute and deliver a written amendment to the Lease, in the form acceptable to the parties, wherein there shall be specified, inter alia, the amount of the Base Rent payable by Tenant during the initial term of the Lease after taking into account the amount of the Amortized Excess TI Costs. No Work shall be commenced until Tenant has fully complied with the preceding provisions of this Section 10. If Tenant fails to remit the sums so demanded by Landlord pursuant to Section 8 above and this Section 10 within the time periods required, Landlord may, at its option, following the expiration of any applicab...
Excess Tenant Improvement Costs. The term "Excess Tenant Improvement Costs" as used herein shall mean and refer to the aggregate of (i) all costs related to any and all Change Requests/Change Orders, and (ii) the amount by which the actual Tenant Improvement Costs (exclusive of all costs referred to in item (i) above) (the "Actual TI Costs") exceed the Tenant Improvement Allowance, subject to the remaining provisions of this Section 10. Tenant shall pay to Landlord the Excess Tenant Improvement Costs within ten (10) days of Landlord's delivery to Tenant of a written demand therefor together with a reconciliation of such costs. No Work shall be commenced until Tenant has fully complied with the preceding provisions of this Section 10. If Tenant fails to remit the sums so demanded by Landlord pursuant to this Section 10 within the time period required, Landlord may, at its option, declare Tenant in default under the Lease.
Excess Tenant Improvement Costs. Prior to commencing the Tenant Improvements, Lessor shall submit to Lessee a written statement of the actual Tenant Improvement Costs (the "Actual TI Costs") (which shall include the amount of any overtime projected as necessary to Substantially Complete the Tenant Improvements by the Completion Date if the necessity of using such overtime to meet the Scheduled Completion date was made necessary by a Lessee Delay) as then known by Lessor, and such statement shall indicate the amount, if any, by which the Actual TI Costs exceeds the Tenant Improvement Allowance (including the additional allowance amortized as provided for in Section 7 of the Lease) (the "EXCESS TENANT IMPROVEMENT COSTS"). The term "EXCESS TENANT IMPROVEMENT COSTS" shall also include the costs related to any and all Change Orders required by Lessee's requesting a change in the Final Plans following Final Approval. Lessee agrees, within five (5) business days after submission to it of such statement, to execute and deliver to Lessor, in the form then in use by Lessor or Lessor's contractor, an authorization to proceed with the Tenant Improvements. No Tenant Improvements shall be commenced until Tenant has fully complied with the preceding provisions of this Section 8. In no event shall Lessee be required to pay any Excess Tenant Improvement Costs in excess of ten percent (10%) of those shown in such statement without the prior written consent of Lessee, unless due to changes requested by Lessee.
Excess Tenant Improvement Costs. Prior to commencing the Work, Landlord shall submit to Tenant a written statement of the actual Tenant Improvement Costs (the "Actual TI Costs") (which shall include the amount of any overtime projected as necessary to Substantially Complete the Work by the Completion Date) as then known by Landlord, and such statement shall indicate the amount, if any, by which the Actual TI Costs exceeds the Tenant Improvement Allowance (the "Excess Tenant Improvement Costs"). The term "Excess Tenant Improvement Costs" shall also include the costs related to any and all Change Orders. Tenant agrees, within three (3) days after submission to it of such statement, to execute and deliver to Landlord, in the form then in use by Landlord, an authorization to proceed with the Work. Tenant shall faithfully pay all of the Excess Tenant Improvement Costs to Landlord in cash, concurrently with Tenant's delivery to Landlord of the aforementioned signed written authorization to proceed. No Work shall be commenced until Tenant has fully complied with the preceding provisions of this Section 10. If Tenant fails to remit the sums so demanded by Landlord pursuant to Section 8 above and this Section 10 within the time periods required, Landlord may, at its option, declare Tenant in default under the Lease.
Excess Tenant Improvement Costs. The term "Excess Tenant Improvement Costs" as used herein shall mean and refer to the sum equal to the aggregate of the amount by which the actual Tenant Improvement costs exceed the Tenant Improvement Allowance. Tenant shall pay for any and all Excess Tenant Improvement Costs; provided, however, that Tenant may elect to have an amount of up to $36,885.00 of such Excess Tenant Improvements Costs amortized over eighty (80) months of the Lease term at the interest rate of twelve percent (12%) per annum, and the monthly Base Rent otherwise payable by Tenant during the remainder of the Term of the Lease shall be increased by the monthly amount resulting from such amortization.
Excess Tenant Improvement Costs. Tenant shall be responsible for one hundred percent (100%) of all Tenant Improvement Costs in excess of Eighty Dollars ($80.00) per rentable square foot of the Buildings.
Excess Tenant Improvement Costs. Tenant may apply up to but no more than, Four Dollars ($4.00)/RSF toward soft costs incurred by Tenant in connection with the relocation to the Premises, including, but not limited to, costs associated with data cabling, moving expenses, furniture, etc. (the “Moving Allowance”). Tenant shall not be entitled to any credit, abatement or payment from Landlord in the event that the amount of the Moving Allowance exceeds the actual cost of relocating to the Premises.
Excess Tenant Improvement Costs. Prior to commencing the Work, ------------------------------- Landlord shall submit to Tenant a written statement of the actual Tenant Improvement Costs (the "Actual TI Costs") (which shall include the amount of any overtime projected as necessary to Substantially Complete the Work by the Completion Date) as then known by Landlord, and such statement shall indicate the amount, if any, by which the Actual TI Costs exceeds the Tenant Improvement Allowance (the "Excess Tenant Improvement Costs"). The term "Excess Tenant Improvement Costs" shall also include the costs related to any and all Change Orders. Tenant agrees, within three (3) days after submission to it of such statement, to execute and deliver to Landlord, in the form then in use by Landlord, an authorization to proceed with the Work, and notice of its election to either amortize the Excess Tenant Improvement Costs over the initial term of the Lease or to pay to Landlord such Excess Tenant Improvement Costs in one of the following described manners:
Excess Tenant Improvement Costs. The term "Excess Tenant Improvement Costs" as used herein shall mean and refer to the difference between the Tenant Improvement Cost and the Tenant Improvement Allowance and Excess Tenant Improvement Allowance. Landlord shall be responsible for all Excess Tenant Improvement Costs; provided however, to the extent the Excess Tenant Improvement Costs results from either (i) all costs related to any and all Change Requests/Change Orders, or (ii) all extra costs incurred as a result of Tenant Delays, Tenant shall be responsible for such portion of the Excess Tenant Improvement Costs (“Tenant Contribution”). Tenant shall faithfully pay all of the Tenant Contribution to Landlord, in cash, within ten (10) days of Landlord's delivery to Tenant of a written invoice therefore together with a reconciliation of such costs. In the event Tenant fails to pay the Tenant Contribution to Landlord within such ten (10) day period, each day that payment is not made thereafter shall be considered a Tenant Delay. Additionally, Landlord shall have the same rights and remedies granted to Landlord under the Lease with respect to failures to pay Rent with respect to any failure by Tenant to pay all Tenant Contribution when and as required by this Section (it being agreed that such Tenant Contribution shall be treated the same as Additional Rent for all purposes under the Lease).
Excess Tenant Improvement Costs. Tenant may apply up to but no more than, Two Dollars ($2.00)/RSF of the Expansion Premises toward costs associated with data and phone cabling, and FF&E (the “Excess Allowance”). Tenant shall not be entitled to any credit, abatement or payment from Landlord in the event that the amount of the Excess Allowance exceeds the actual cost of data and phone cabling and FF&E.
