Governmental Cost Increases. If increases in the cost of the Tenant Improvements as set forth in the Work Cost Statement are due to requirements of any governmental agency, Tenant agrees to pay Landlord the amount of such increase including fees for the contractor and Landlord's standard five percent (5%) fee for the tenant improvement coordinator associated with the supervision of such additional work within five (5) days of Landlord's written notice; provided, however, that Landlord will first apply toward any such increase any remaining balance of the Allowance.
Governmental Cost Increases. If increases in the cost of the Tenant Improvements as set forth in the Work Cost Statement are due to requirements of any governmental agency, Tenant shall be solely responsible for such additional costs; provided, however, that Landlord will first apply toward any such increase any remaining balance of the Allowance.
Governmental Cost Increases. If increases in the cost of the Tenant Improvements are due to requirements of any governmental agency triggered solely by the Tenant Improvements (as opposed to any failure of the Premises, the Common Areas of the Project or any of Landlord’s Work to comply with applicable Laws including applicable building codes and ADA), Tenant shall be solely responsible for such additional costs; provided, however, that Landlord will first apply toward any such increase any remaining balance of the Allowance.
Governmental Cost Increases. If increases in the cost of the Tenant Improvements as set forth in the Work Cost Statement are due to requirements of any governmental agency, Tenant agrees to pay Landlord the amount of such increase, including a five percent (5%) fee for the tenant improvement coordinator associated with the supervision of such additional work, within five (5) days of Landlord’s invoice therefor; provided, however, that Landlord will first apply toward any such increase any remaining balance of the Allowance provided, however, that Landlord will first apply toward any such increase any remaining balance of the Allowance or shall amortize such increase pursuant to Section 5(b) above if there is no balance left in the Allowance.
Governmental Cost Increases. If increases in the cost of the Tenant Improvements as set forth in the Work Cost Statement are due to requirements of any governmental agency, Tenant shall, subject to the terms of Subparagraph 8(b) of the Lease, be solely responsible for such additional costs; provided, however, that Landlord will first apply toward any such increase any remaining balance of the Allowance. *** Information has been omitted pursuant to a request for confidential treatment which has been filed separately with the Securities and Exchange Commission. EXHIBIT C
Governmental Cost Increases. If increases in the cost of the Tenant Improvements are due to requirements of any governmental agency, Tenant agrees to pay Landlord the amount of such increase within five (5) days of Landlord's written notice; provided, however, that Landlord will first apply toward any such increase any remaining balance of the Allowance.
Governmental Cost Increases. Cost of Tenant Improvements due to requirements of any governmental agency shall be the sole responsible of Tenant, excepting only as expressly provided otherwise in Section 5.(a)(iii)(ii) above. Tenant will be solely responsible, at its sole cost and expense, for satisfying all requirements of any governmental agency necessitating alterations to the Premises, Building, Common Areas, Project or off-site, including, without limitation, in order to remove, add or alter barriers to accessibility or paths of travel, or to add or alter one or more paths of travel or parking spaces for the disabled, excepting only as expressly provided otherwise in Section 5. (a)(iii)(ii) above and Section 5.(c) above.
Governmental Cost Increases. In the event that, as a result of any federal, state or local environment law or regulation enacted or adopted after the Effective Date, any Governmental Body imposes a new fee upon Carrier and all similarly situated pipelines that (1) was not in effect on the Effective Date, (2) is of general applicability and not levied against Carrier specifically or as a result of any violation by Carrier of law or regulation, and (3) the total proceeds of which are remitted to such Governmental Body or entity designated by such Governmental Body (the “New Governmental Fee”), then Carrier may file with the FERC to adjust the Committed Rate and the Regular Shipper Rate, on an equal basis, to recover such New Governmental Fee. Carrier shall provide Shipper with notice of such filing and with information to verify Carrier’s claimed adjustment. Notwithstanding any provision of this Agreement, Shipper shall have the right to protest before FERC any filing made by Carrier to adjust the Committed Rate or the Regular Shipper Rate pursuant to this Section VI.A.viii.
Governmental Cost Increases. If increases in the cost of the Tenant Improvements as set forth in the Work Cost Statement are due to requirements of any governmental agency (and are not attributable to any existing building shell deficiencies that aren’t related to layout and configuration of Tenant’s tenant improvements), Tenant shall be solely responsible for such additional costs (to the extent such requirements result in the Work Cost exceeding the Allowance), which costs shall be paid to Landlord within five (5) business days after invoice therefor; provided, however, that Landlord will first apply toward any such increase any remaining balance of the Allowance. Further, Landlord will be responsible, at its expense, for satisfying any requirements of any governmental agency necessitating alterations to the Common Areas in order to remove barriers to accessibility.
Governmental Cost Increases. If increases in the cost of the Tenant Improvements as set forth in the Work Cost Statement are due to requirements of any governmental agency, Tenant shall be responsible for such additional costs, including the Construction Administration Fee allocable thereto; provided, however, that Landlord will first apply toward any such increase any remaining balance of the Allowance. Notwithstanding the foregoing, if, because the common areas (i.e., lobby, corridors and restrooms) of the Expansion Space do not comply with current life fire safety codes, physical handicap codes, and/or earthquake safety codes, Tenant incurs increased design or construction costs that it would not have incurred had the Expansion Space already been in compliance with the applicable life fire safety codes, physical handicap codes, and/or earthquake safety codes applicable to new construction, then any reasonable out of pocket costs incurred by Tenant as a direct result of such non compliance shall be reimbursed by Landlord to Tenant within thirty (30) Business Days after receipt by Landlord from Tenant of invoices documenting and evidencing such increased costs and notices from governmental authorities citing the code violations in question. Such reimbursement shall be in addition to and shall not be deducted from the Allowance.
