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 obligation to bear any costs arising from or related to (i) Tenant’s Changes to the Space Plan or TI Construction Drawings, and the cost of Changes and Change Requests and (ii) Tenant Delay (collectively, “Excess TI Costs”). Upon Landlord’s request from time to time, 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, 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, that Landlord shall have no obligation to bear responsibility for any costs arising from or related to (i) Tenant’s Changes changes to the Space Plan or TI Construction Drawings, and delays caused by Tenant, the cost of Changes and Change Requests and (ii) if the net effect is to increase the cost of the Tenant Delay Improvements over the amount in the Budget, including contingencies (collectively, “Excess TI Costs”). Upon Landlord’s request from time to time, Tenant shall deposit with Landlord, as a condition precedent to Landlord’s obligation to complete the Tenant Improvements, 100% of the pay for such Excess TI CostsCosts as provided for in Section 4(b) above. If Tenant fails to deposit pay any Excess TI Costs with Landlordto Landlord as and when due under Section 4(b), 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, that Landlord shall have no obligation to bear responsibility for any costs arising from or related to (i) Tenant’s Changes changes to the Space Plan or TI Construction Drawings, and Tenant Delays, the cost of Changes and Change Requests and (ii) Tenant Delay (collectively, “Excess TI Costs”). Upon Landlord’s request from time to time, Tenant shall deposit with Landlord, Landlord 50% of the Excess TI Costs as a condition precedent to Landlord’s obligation to complete the Tenant Improvements, 100Improvements and the remaining 50% of the Excess TI CostsCosts upon Substantial Completion of the Tenant Improvements. If Tenant fails to deposit any Excess TI Costs with Landlord, 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.