Common use of Excess TI Costs Clause in Contracts

Excess TI Costs. Notwithstanding anything to the contrary contained herein, Tenant acknowledges and agrees that Landlord shall have no responsibility for any costs arising from or related to Tenant’s changes to the Space Plan or TI Construction Drawings, delays caused by Tenant (provided that Tenant’s request that the construction of Landlord’s Work not commence until December 2017 as reflected in the Schedule shall not be deemed a “delay caused by Tenant” for the purposes of this Section), the cost of Changes and Change Requests (collectively, “Excess TI Costs”). Tenant shall deposit with Landlord, as a condition precedent to Landlord’s obligation to complete the Tenant Improvements, 100% of the Excess TI Costs. If Tenant fails to deposit any Excess TI Costs with Landlord within 15 days after Landlord’s delivery to Tenant of an invoice therefor, Landlord shall have all of the rights and remedies set forth in the Lease for nonpayment of Rent (including, but not limited to, the right to interest at the Default Rate and the right to assess a late charge). For purposes of any litigation instituted with regard to such amounts, those amounts will be deemed Rent under the Lease.

Excess TI Costs. Notwithstanding anything to the contrary contained herein, Tenant acknowledges and agrees that Landlord shall have no responsibility for any costs arising from or related to Tenant’s changes Changes to the Space Plan Plans, schematic drawings, design development drawings or TI Construction Drawings, delays caused by Tenant (provided that Tenant’s request that the construction of Landlord’s Work not commence until December 2017 as reflected in the Schedule shall not be deemed a “delay caused by Tenant” for the purposes of this Section)Delays, the cost of Changes and Change Requests (collectively, “Excess TI Costs”). Tenant shall deposit with Landlord, as a condition precedent to Landlord’s obligation to complete the Tenant Improvements, 100% of the Excess TI CostsCosts within 10 business after written request therefor from Landlord. If Tenant fails to deposit any Excess TI Costs with Landlord within 15 days after Landlord’s delivery to Tenant of an invoice therefor, Landlord shall have all of the rights and remedies set forth in the Lease for nonpayment of Rent (including, but not limited to, the right to interest at the Default Rate and the right to assess a late charge). For purposes of any litigation instituted with regard to such amounts, those amounts will be deemed Rent under the Lease. If upon completion of the Tenant Improvements and the payment of all sums due in connection therewith there remains any undisbursed funds actually delivered by Tenant to Landlord for Excess TI Costs, Tenant shall be entitled to such undisbursed funds and Landlord shall refund such undisbursed funds to Tenant.

Excess TI Costs. Notwithstanding anything to the contrary contained herein, Tenant acknowledges and agrees that Landlord shall have no responsibility for any costs arising from or related to Tenant’s changes Changes to the Space Plan or to the TI Construction Drawings, delays caused Drawings approved by Tenant (provided that Tenant’s request that the construction of and Landlord’s Work not commence until December 2017 as reflected in the Schedule shall not be deemed a “delay caused by Tenant” for the purposes of this Section), the cost of the Door Improvements (which the parties anticipate will cost approximately $15,000), Tenant Delays and the cost of Changes and Change Requests (collectively, “Excess TI Costs”). Tenant shall deposit with Landlord, as a condition precedent deliver to Landlord’s obligation to complete the Tenant Improvements, 100% of the Excess TI CostsCosts within 10 days after Landlord’s written invoice therefor following the Substantial Completion of the Tenant Improvements. If Tenant fails to deposit deliver any Excess TI Costs with to Landlord within 15 days after Landlord’s delivery to Tenant of an invoice thereforsuch 10-day period, Landlord shall have all of the rights and remedies set forth in the Lease for nonpayment of Rent (including, but not limited to, the right to interest at the Default Rate and the right to assess a late charge). For purposes of any litigation instituted with regard to such amounts, those amounts will be deemed Rent under the Lease. Funds deposited by Tenant shall be disbursed to pay Excess TI Costs. Notwithstanding anything to the contrary set forth in this Work Letter, Tenant shall be fully and solely liable for Excess TI Costs.