Common use of Excess Tenant Improvement Costs Clause in Contracts

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, (ii) all extra costs incurred as a result of Tenant Delays, set forth in Section 7 above, and (iii) a construction management fee payable to Landlord in the amount of percent (5%) of all the costs referred to in subsections 10(i) and 10(ii) above. Tenant shall faithfully pay all of the Excess Tenant Improvement Costs to Landlord, in cash, 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 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 aggregate of (i) all costs related to any and all Change Requests/Change Orders, and (ii) all extra costs incurred as a result of Tenant Delays, set forth in Section 7 above, and (iii) a construction management fee payable to Landlord in the amount by which the sum of percent the actual Tenant Improvement Costs (5%) exclusive of all the costs referred to in subsections 10(iitem (i) above) and 10(iiany Tenant Improvement Allowance amounts spent by Tenant for FF&E (the “Actual TI Costs”) aboveexceed the Tenant Improvement Allowance, subject to the remaining provisions of this Section 10. Tenant shall faithfully pay all of to Landlord the Excess Tenant Improvement Costs to Landlord, in cash, 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 Section 8 above and this Section 10 within the time periods period 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 include the aggregate of (i) all costs related to any and all Change Requests/Change Orders, Orders requested by Tenant and (ii) all extra costs incurred as a result related to any of the Tenant DelaysImprovements in excess of the Landlord’s Work, set forth in subject to the remaining provisions of this Section 7 above, and (iii) a construction management fee payable to Landlord in the amount of percent (5%) of all the costs referred to in subsections 10(i) and 10(ii) above8. Tenant shall faithfully pay all of to Landlord the Excess Tenant Improvement Costs to Landlord, in cash, within ten (10) days of Landlord’s delivery to Tenant of a written demand therefor therefore together with a reconciliation of such costs. No Work shall be commenced until Tenant has fully complied with the preceding provisions of this Section 108. If Tenant fails to remit the sums so demanded by Landlord pursuant to this Section 8 above and this Section 10 within the time periods required, and such failure continues after prior notice thereof, Landlord may, at its option, declare Tenant in default under the Lease. Tenant shall not be responsible for or obligated to pay, and Landlord shall be responsible for at its sole cost and expense, any Excess Tenant Improvement Costs unless Tenant approved such cost in advance in writing.

Excess Tenant Improvement Costs. The term “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” as used herein "). The term "Excess Tenant Improvement Costs" shall mean and refer to also include the aggregate of (i) all costs related to any and all Change Requests/Change Orders. Tenant agrees, within three (ii3) all extra costs incurred as a result days after submission to it of Tenant Delayssuch statement, set forth in Section 7 aboveto execute and deliver to Landlord, and (iii) a construction management fee payable to Landlord in the amount of percent (5%) of all form then in use by Landlord, an authorization to proceed with the costs referred to in subsections 10(i) and 10(ii) aboveWork. Tenant shall faithfully pay all of the Excess Tenant Improvement Costs to Landlord, Landlord in cash, within ten (10) days of Landlord’s concurrently with Tenant's delivery to Tenant Landlord of a the aforementioned signed written demand therefor together with a reconciliation of such costsauthorization 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 aggregate of (i) all costs related to any and all Change Requests/Change Orders, and (ii) all extra costs incurred as a result of Tenant Delays, set forth in Section 7 above, and (iii) a construction management fee payable to Landlord in the amount of percent by which the actual Tenant Improvement Costs (5%) exclusive of all the costs referred to in subsections 10(i) and 10(iiitem (i) above) (the "Actual TI Costs") exceed the Tenant Improvement Allowance, subject to the remaining provisions of this Section 10. Tenant shall faithfully pay all of to Landlord the Excess Tenant Improvement Costs to Landlord, in cash, within ten (10) days of Landlord’s '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 Section 8 above and this Section 10 within the time periods period 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 aggregate of (i) all costs related to any and all Change Requests/Change Orders, and (ii) all extra costs incurred as a result of Tenant Delays, set forth in Section 7 above, and (iii) a construction management fee payable to Landlord in the amount of percent by which the actual Tenant Improvement Costs (5%) exclusive of all the costs referred to in subsections 10(i) and 10(iiitem (i) above) (the "Actual TI Costs") exceed the Tenant Improvement Allowance, subject to the remaining provisions of this Section 10. Tenant shall faithfully pay all of to Landlord the Excess Tenant Improvement Costs to Landlord, in cash, within ten (10) days of Landlord’s '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 Section 8 above and this Section 10 within the time periods required, Landlord may, at its option, declare Tenant in default under the Lease.