Common use of HVAC Work Clause in Contracts

HVAC Work. Tenant shall be entitled to an allowance in the maximum aggregate amount of $225,475.00 (i.e., $5.00 per rentable square foot of the Premises) (the “HVAC Allowance”) to install and/or refurbish heating, ventilation and air conditioning equipment throughout the Premises (“HVAC Work”) in accordance with the terms of this Tenant Work Letter. The HVAC Work shall be subject to the terms and conditions governing alterations to the Premises as set forth in Article 7 of the Lease including, without limitation, Landlord’s approval rights of the plans and specifications involving the HVAC Work; provided, however, Tenant shall have the option to instead include such HVAC Work in its requests for approval for the Tenant Improvements as set forth below, in which event the approval of the HVAC Work shall be subject to the same terms and conditions of the Tenant Improvements. Landlord shall disburse to Tenant (or, at Tenant’s option, to Tenant’s general contractor) any funds from the HVAC Allowance within thirty (30) calendar days of a Payment Request (as hereinafter defined), an amount up to the costs Tenant incurred in connection with the HVAC Work upon satisfaction of the following conditions: (A) Tenant has delivered to Landlord a payment request (“Payment Request”) in a form reasonably satisfactory to Landlord specifying the work which has been completed; and (B) Tenant’s general contractor and/or architect shall have submitted an application for payment and sworn statement substantially in the form of AIA Document G702; and (C) Tenant has submitted to Landlord lien waivers or partial lien waivers to cover the work included under the Payment Request and all prior work Tenant was required to pay for before utilizing the HVAC Allowance. Notwithstanding anything herein to the contrary, the HVAC Allowance must be requested by Txxxxx, if at all, in accordance with this paragraph on or before the date that is eighteen (18) months following the Effective Date of this Amendment, and any portion not requested by such date may no longer be utilized by Tenant and shall be deemed forfeited to Landlord; provided, however, such eighteen (18) month deadline shall be extended for a reasonable amount of time (not to exceed 6 additional months) if reasonably necessary based on abnormal lead times for products and equipment necessary for Tenant to perform the HVAC Work.

Appears in 1 contract

Samples: Lease Agreement (Liquidia Corp)

AutoNDA by SimpleDocs

HVAC Work. Tenant shall be entitled to an allowance in 8.1 Landlord shall, at Landlord’s sole cost and expense, on the maximum aggregate amount of $225,475.00 (i.e., $5.00 per rentable square foot roof of the PremisesBuilding, (i) replace certain HVAC units and related systems to service the Building (the “New HVAC AllowanceUnits”), (ii) remove certain abandoned HVAC units (the “Abandoned HVAC Units”) serving the Premises, and (iii) leave in place certain existing HVAC units (the “Existing HVAC Units”) and perform certain repairs to install and/or refurbish heatingsuch Existing HVAC Units, ventilation as further described on Schedule 3 to Exhibit A attached hereto. The installation of New HVAC Units, removal of Abandoned HVAC Units and air conditioning equipment throughout performance of repairs to Existing HVAC Units is collectively referred to herein as the Premises (“HVAC Work”, and the New HVAC Units and the Existing HVAC Units are collectively referred to herein as the “HVAC Units”. Except as otherwise expressly provided in the following sentence, Landlord shall be solely responsible for all costs and expenses related to the HVAC Work. The HVAC Work shall include all engineering and design costs associated therewith, and the re-ducting and re-zoning as shown on Schedule 4 to Exhibit A to the extent needed to ensure that all HVAC Units are properly working and conducting air balancing for the New HVAC Units and Existing HVAC Units. Tenant shall be responsible for the cost to re-duct, re-zone and rebalance the HVAC Units serving any new office space (subject to the Improvement Allowance, as defined below). Landlord shall use reasonable efforts to substantially complete the HVAC Work by December 31, 2019. 8.2 Upon the installation of the New HVAC Units, title to the New HVAC Units shall pass to Landlord without any additional consideration to Tenant and upon the expiration or earlier termination of the Lease, the HVAC Units shall remain at the Building; provided that Tenant, not Landlord, shall be responsible for all costs and expenses related to the use, maintenance and operation of the HVAC Units (including the New HVAC Units following the installation thereof), subject to the terms of the Lease and this Amendment, including, without limitation, Section 8.3, below, and Landlord’s obligations under Section 5.6 of the Lease (including, without limitation, future replacement of HVAC equipment). 8.3 Subject to Landlord’s obligations under Section 5.6 of the Lease (including, without limitation, replacement of HVAC Units), Tenant, at its sole cost and expense, shall procure and maintain in full force and effect, a contract (the “Service Contract”) for the service, maintenance, repair and replacement of the HVAC Units with a HVAC service and maintenance contracting firm reasonably acceptable to Landlord (“Service Contractor”). Subject to Landlord’s obligations under Section 5.6 of the Lease (including, without limitation, replacement of HVAC Units), Tenant shall follow all reasonable recommendations made by the Service Contractor for the maintenance, repair and replacement of the HVAC Units. The Service Contract shall require the Service Contractor to perform all required maintenance protocols established by the equipment manufacturer, and shall further provide that the Service Contractor perform inspections of the HVAC Units at intervals of not less than three (3) months, and that having made such inspections, the Service Contractor shall furnish a complete report of any defective conditions found to be existing with respect to the HVAC Units, together with any recommendations for maintenance, repair and/or replacement thereof. Said report shall be furnished to Tenant with a copy to Landlord. In addition, but subject to Landlord’s obligations under Section 5.6 of the Lease (including, without limitation, replacement of HVAC Units), Tenant shall be responsible for the cost of repairs to the HVAC Units serving the Premises to the extent such repairs are not fully covered by the Service Contract on such HVAC Unit. 8.4 Notwithstanding anything to the contrary in Section 8.3 above, for the first twelve (12) months following Landlord’s completion of the HVAC Work, Landlord shall service, maintain, repair and replace, as applicable, all of the HVAC Units; provided, however, that the cost to service, maintain, repair and replace the Existing HVAC Units and the cost to service and maintain (but not repair or replace) the New HVAC Units during such twelve (12) month period shall be included in Common Operating Expenses in accordance with Section 5.6 of the Lease; provided, however, any HVAC Service Contract obtained by Landlord shall be at a commercially reasonable rate. In addition to the foregoing, with respect to each New HVAC Unit, for the first twelve (12) months following the installation of each New HVAC Unit (each twelve (12)-month period referred to as the “New HVAC Warranty Period”), Landlord shall be solely responsible for the cost to repair and replace the New HVAC Units (and such cost shall not be included in Common Operating Expense). Landlord’s obligation to pay for such cost to repair and replace any New HVAC Unit shall be applicable to any New HVAC Units requiring repair and/or replacement during the applicable New HVAC Warranty Period, regardless of when such repair and replacement work is actually commenced and completed. Except as provided in the foregoing sentence, following the New HVAC Warranty Period, all HVAC Units shall be serviced, maintained and repaired by Tenant, at its sole cost, in accordance with the terms of this Tenant Work Letter. The HVAC Work shall be subject to the terms and conditions governing alterations to the Premises as set forth in Article 7 of the Lease including, without limitation, Landlord’s approval rights of the plans and specifications involving the HVAC Work; provided, however, Tenant shall have the option to instead include such HVAC Work in its requests for approval for the Tenant Improvements as set forth below, in which event the approval of the HVAC Work shall be subject to the same terms and conditions of the Tenant Improvements. Landlord shall disburse to Tenant (or, at Tenant’s option, to Tenant’s general contractor) any funds from the HVAC Allowance within thirty (30) calendar days of a Payment Request (as hereinafter defined), an amount up to the costs Tenant incurred in connection with the HVAC Work upon satisfaction of the following conditions: (A) Tenant has delivered to Landlord a payment request (“Payment Request”) in a form reasonably satisfactory to Landlord specifying the work which has been completed; and (B) Tenant’s general contractor and/or architect shall have submitted an application for payment and sworn statement substantially in the form of AIA Document G702; and (C) Tenant has submitted to Landlord lien waivers or partial lien waivers to cover the work included under the Payment Request and all prior work Tenant was required to pay for before utilizing the HVAC Allowance. Notwithstanding anything herein to the contrary, the HVAC Allowance must be requested by Txxxxx, if at all, in accordance with this paragraph on or before the date that is eighteen (18) months following the Effective Date of this Amendment, and any portion not requested by such date may no longer be utilized by Tenant and shall be deemed forfeited to Landlord; provided, however, such eighteen (18) month deadline shall be extended for a reasonable amount of time (not to exceed 6 additional months) if reasonably necessary based on abnormal lead times for products and equipment necessary for Tenant to perform the HVAC WorkSection 8.3 above.

Appears in 1 contract

Samples: Lease Agreement (ALPHA & OMEGA SEMICONDUCTOR LTD)

HVAC Work. Tenant 1. Landlord shall be entitled to an allowance in perform the maximum aggregate amount of $225,475.00 (i.e., $5.00 per rentable square foot of the Premises) (the “HVAC Allowance”) to install and/or refurbish heating, ventilation and air conditioning equipment throughout the Premises (“HVAC Work”) , at Landlord’s sole cost and expense (subject to the terms of Section 2 below), using Building standard methods, materials and finishes and as otherwise reasonably determined by Landlord and otherwise in accordance with the terms of this Tenant Work Letterall applicable Laws. The HVAC Work is further depicted on Schedule 3 attached hereto. Landlord shall be subject determine the brand of the New HVAC Units, the manner in which the New HVAC Units are lifted to, and installed on, the roof of the Building, and the manner in which the New HVAC Units are connected to the terms and conditions governing alterations to the Premises as set forth in Article 7 of the Lease including, without limitation, Landlord’s approval rights of the plans and specifications involving Premises. Landlord shall enter into a direct contract for the HVAC Work; providedWork with a general contractor selected by Landlord. In addition, however, Tenant Landlord shall have the option right to instead include such HVAC Work in its requests for approval for the Tenant Improvements as set forth below, in which event the approval select and/or approve of the HVAC Work shall be subject to the same terms and conditions of the Tenant Improvements. Landlord shall disburse to Tenant (or, at Tenant’s option, to Tenant’s general contractor) any funds from the HVAC Allowance within thirty (30) calendar days of a Payment Request (as hereinafter defined), an amount up to the costs Tenant incurred subcontractors used in connection with the HVAC Work Work. 2. All other work and upgrades in connection with the HVAC Work, subject to Landlord’s approval, shall be at Tenant's sole cost and expense, plus any applicable state sales or use tax thereon, payable upon satisfaction demand as additional rent under the Lease. Tenant shall be responsible for any delay in completion of the HVAC Work resulting from any such other work and upgrades requested or performed by Tenant. 3. Tenant acknowledges that the HVAC Work may be performed by Landlord in the Building during normal business hours following conditions: (A) the execution of the Amendment. Landlord and Tenant has delivered agree to Landlord a payment request (“Payment Request”) cooperate with each other in order to enable the HVAC Work to be performed in a form reasonably satisfactory timely manner and with as little inconvenience to Landlord specifying the work which has been completed; and (B) operation of Tenant’s general contractor and/or architect shall have submitted an application for payment and sworn statement substantially in the form of AIA Document G702; and (C) Tenant has submitted to Landlord lien waivers or partial lien waivers to cover the work included under the Payment Request and all prior work Tenant was required to pay for before utilizing the HVAC Allowancebusiness as is reasonably possible. Notwithstanding anything herein to the contrary, any delay in the completion of the HVAC Allowance must Work or inconvenience suffered by Tenant during the performance of the HVAC Work shall not delay the Extension Date, nor shall it subject Landlord to any liability for any loss or damage resulting therefrom or entitle Tenant to any credit, abatement or adjustment of rent or other sums payable under the Lease. 1.1 Without limiting Contractor’s indemnifications of Tenant set forth in the Lease, Contractor shall maintain as a part of the cost of the Tenant Improvements, and shall require that each subcontractor of every tier maintain at its own expense, at all times during the Tenant Improvements and for such additional periods as required by the Lease, the insurance as described below and covering all additional insured parties as more specifically named in Schedule 2 attached hereto unless otherwise amended from time-to-time with a project order to address project specific hazard conditions. This insurance shall be requested endorsed to provide that it shall not be terminated, be permitted to expire, be subject to non-renewal, nor be materially altered except on thirty (30) days prior written notice to Landlord. All of such insurance shall be maintained in coverage amounts, with deductible amounts, with insurers, and on forms acceptable to Landlord and Landlord’s Lender (if any) and, for all policies, except Worker’s Compensation, Employer’s Liability Insurance and Professional Liability Insurance, shall continuously name Landlord, Landlord’s affiliates and subsidiaries as may be designated by TxxxxxLandlord or Property Manager at any time and as may be changed from time to time, Property Manager, the Construction Manager (if at allany), in accordance with this paragraph on or before Landlord’s property management company for the date that is eighteen Property (18) months following if different from the Effective Date of this AmendmentProperty Manager named herein), Landlord’s Lender (if any), and any portion other persons or organizations as Landlord may specify from time to time (collectively, with Landlord, the “Landlord Parties”) as additional insureds, with coverage provided to such additional insureds at least as broad as provided to the named insured and as provided by endorsement form numbers CG 20 10 07 04 and CG 20 37 07 04 or their equivalent promulgated by the Insurance Services Office. All insurance policies required shall be issued by companies licensed in the State who maintain a current Policyholder Alphabetic Category Rating of not requested less than “A-” and Financial Size Category Rating of not less than “VII” according to the latest edition of Best’s Key Rating Guide. Prior to Contractor commencing the Tenant Improvements, Contractor shall, and shall require each subcontractor of every tier to, furnish Landlord with Certificates of Insurance, on forms acceptable to Landlord, evidencing that insurance policies are in full force and effect that provide the required coverages and amounts of insurance listed below along with a copy of the endorsement providing additional insured coverage, the primary and non-contributing endorsement and the waiver of subrogation endorsements to the Landlord Parties. At Landlord’s request, Contractor shall provide Landlord with copies of each insurance policy. Any other insurance carried by or available to any Landlord Parties which may be applicable, shall be deemed to be excess insurance and Contractor’s and each subcontractor’s insurance shall contain a provision that it is deemed primary and non- contributing with any insurance carried by or available to the Landlord Parties. Each required insurance policy except for Worker’s Compensation, Employer’s Liability and Professional Liability shall include a Separation of Insureds clause such date that the insurance applies separately to each insured against whom a claim or suit is asserted and the policies shall not contain any limitation or exclusion for claims or suits by one insured against another. Contractor shall be responsible for any deductible amounts under the required insurance policies, except to the extent such amounts may be included as part of the cost of the Tenant Improvements. Contractor and each subcontractor of every tier shall provide the greater of (i) the insurance types, amounts and coverages already maintained by Contractor and each such subcontractor, determined individually with respect to each such party or (ii) the following insurance types, amounts and coverages: (a) Workers’ Compensation Insurance complying with applicable State and federal statutes and Employer’s Liability Insurance with limits of not less than $1,000,000 bodily injury by accident (each accident), $1,000,000 bodily injury by disease (each employee) and $1,000,000 bodily injury by disease (policy limit). (b) Commercial General Liability (“CGL”) Insurance written on an “occurrence form” basis, including, but not limited to, Premises - Operations Liability, Products - Completed Operations Liability, Blanket Contractual Liability Coverage and liabilities arising out of the actions of Independent Contractors. Such insurance shall contain minimum limits of liability as follows: of not less than $1,000,000 per occurrence limit, $1,000,000 Personal and Advertising Injury limit, $2,000,000 General Aggregate limit and $2,000,000 Products-Completed Operations Aggregate limit, with a Per Project General Aggregate provision or endorsement. The required limits may be provided by any combination of CGL and umbrella or follow form excess policies [see Section 1.1(d) below]. Such insurance shall contain no longer explosion, collapse, or underground hazard exclusions. The deductible or self- insured retention amount required under any such policy shall not exceed $10,000 per occurrence. The insurance and the Landlord Parties’ additional insured status thereon shall be utilized maintained continuously in force at least until the expiration of five (5) years after the expiration or termination of the Lease or final completion of the Tenant Improvements, whichever is later. All such policies shall contain a provision that defense costs are paid in addition to and do not deplete any of the policy limits and a provision that the General Aggregate and, to the extent commercially reasonably available, Products - Completed Operations Aggregate apply separately to each project for which Contractor or any subcontractor of any tier performs operations away from premises owned by Tenant or rented to Contractor or any such subcontractor. (c) Business Auto Coverage with a limit of liability of $1,000,000 for any one accident or loss. Such insurance shall cover liability arising out of the use of owned, nonowned and hired automobiles. If Contractor or any subcontractor of any tier transports any hazardous materials, the business auto liability policy shall include ISO endorsement form MCS-90 or equivalent endorsement providing coverage for environmental and pollution claims and suits. (d) Umbrella or follow form excess liability insurance at least as broad as the underlying CGL insurance. Umbrella/Excess Liability Insurance shall contain minimum limits of $5,000,000 per occurrence and $5,000,000 aggregate and shall be deemed forfeited to Landlord; provided, however, such eighteen (18) month deadline shall be extended for a reasonable amount of time (not to exceed 6 additional months) if reasonably necessary based on abnormal lead times for products and equipment necessary for Tenant to perform excess over the HVAC Work.primary General

Appears in 1 contract

Samples: Lease Agreement (ALPHA & OMEGA SEMICONDUCTOR LTD)

HVAC Work. Tenant shall be entitled have the right to an allowance in install a Supplemental HVAC System on the maximum aggregate amount of $225,475.00 (i.e., $5.00 per rentable square foot roof of the Premises) loading dock in a location approved in advance by Landlord (the “HVAC Allowance”) to install and/or refurbish heating, ventilation and air conditioning equipment throughout the Premises (“HVAC Work”) in accordance with the terms of this Tenant Work Letter). The manner of Tenant’s design and installation of any the Supplemental HVAC Work System shall be subject to governed by the terms and conditions governing alterations to the Premises as set forth in Article 7 of the this Lease including, without limitation, Landlord’s approval rights of the plans and specifications involving the HVAC Work; provided, howeverArticle 10 hereof. Without limiting foregoing, Tenant shall have not be permitted to install the option to instead include Supplemental HVAC System unless (i) such Supplemental HVAC Work in its requests for approval for the Tenant Improvements as set forth below, in which event the approval of System and the HVAC Work conforms to the specifications and requirements set forth in the drawings and specifications prepared by a licensed professional (the “HVAC Drawings”), which HVAC Drawings shall be subject to the same terms prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed, (ii) Landlord approves, which approval shall not be unreasonably withheld, conditioned or delayed, the size, capacity, power, location and conditions proposed placement and method of installation of such Supplemental HVAC System, and (iii) Tenant obtains, at its sole cost and expense, and provides copies to Landlord of all necessary governmental permits and approvals for the installation of the Supplemental HVAC System upon the Building. If appropriate or required, Tenant, at Landlord's direction, shall cause the Supplemental HVAC System to be painted in a nonmetallic paint and/or screened. In addition, if the HVAC Work will penetrate the roof of the Building, then Tenant Improvementsshall complete such work in accordance with the reasonable requirements of Landlord’s roofing contractor in order to protect Landlord's roof warranties and unless Landlord approves, in writing, Exhibit D, Page 9 any such effect on the Building’s structure or service systems or any such structural alteration, which approval may be granted or withheld by Landlord in its reasonable discretion. Landlord The Supplemental HVAC System shall disburse to Tenant be installed by the HVAC Contractor (oras defined below) and thereafter shall be properly maintained by Tenant, at Tenant's sole expense. At the expiration or earlier termination of the Term, the Supplemental HVAC System shall, at Landlord’s optionelection, be removed from the roof of the Building at Tenant's sole cost and expense and that portion of the roof of the Building that has been affected by the Supplemental HVAC System shall be returned to substantially the condition it was in prior to the installation of the Supplemental HVAC System. Tenant shall pay all subscription fees, usage charges and hookup and disconnection fees associated with Tenant's use of the Supplemental HVAC System and Landlord shall have no liability therefor. All of the provisions of this Lease, including, without limitation, the insurance, maintenance, repair, release and indemnification provisions shall apply and be applicable to Tenant’s general contractor) any funds from the HVAC Allowance within thirty (30) calendar days of a Payment Request (as hereinafter defined)'s installation, an amount up to the costs Tenant incurred in connection with the HVAC Work upon satisfaction operation, maintenance, replacement and removal of the following conditions: (A) Tenant has delivered to Landlord a payment request (“Payment Request”) in a form reasonably satisfactory to Landlord specifying the work which has been completed; and (B) Tenant’s general contractor and/or architect shall have submitted an application for payment and sworn statement substantially in the form of AIA Document G702; and (C) Tenant has submitted to Landlord lien waivers or partial lien waivers to cover the work included under the Payment Request and all prior work Tenant was required to pay for before utilizing the Supplemental HVAC Allowance. Notwithstanding anything herein to the contrary, the HVAC Allowance must be requested by Txxxxx, if at all, in accordance with this paragraph on or before the date that is eighteen (18) months following the Effective Date of this Amendment, and any portion not requested by such date may no longer be utilized by Tenant and shall be deemed forfeited to Landlord; provided, however, such eighteen (18) month deadline shall be extended for a reasonable amount of time (not to exceed 6 additional months) if reasonably necessary based on abnormal lead times for products and equipment necessary for Tenant to perform the HVAC WorkSystem.

Appears in 1 contract

Samples: Lease Agreement (Cerus Corp)

AutoNDA by SimpleDocs

HVAC Work. Tenant Landlord shall be entitled engage a California licensed, reputable HVAC contractor (the “Contractor”) to an allowance in perform upgrades to the maximum aggregate amount of $225,475.00 (i.e., $5.00 per rentable square foot base building HVAC system of the Premises) Building (the “HVAC AllowanceWork) to install and/or refurbish heating, ventilation and air conditioning equipment throughout ). Such HVAC Work is more particularly described in the Premises HVAC scope of work attached hereto as Exhibit A (the “HVAC Scope of Work”). Landlord shall cause the HVAC Work to be performed in a good and workmanlike manner in compliance with applicable Law. All of the costs and expenses pertaining to the HVAC Work is referred to herein as the “HVAC Work Costs.” A schedule of the estimated HVAC Work Costs is set forth on Exhibit B. As used herein, “Tenant’s Contribution” shall mean an amount equal to seventy-five percent (75%) of the actual HVAC Work Costs. Tenant’s Contribution shall be paid as follows: (i) twenty-five percent (25%) of Tenant’s Contribution (in accordance the estimated amount of Three Hundred Fifty-Eight Thousand Two Hundred Eighteen Dollars ($358,218.00)) shall be paid by Tenant to Landlord concurrently with the terms Xxxxxx’s execution and delivery of this Third Amendment to Landlord, and (ii) the remaining balance of Tenant’s Contribution (in the estimated amount of Seven Hundred Sixteen Thousand Four Hundred Thirty-Seven Dollars ($716,437.00)) shall be paid from the Phase 2 Tenant Improvement Allowance (as defined in the Tenant Work Letter), with Landlord deducting from the Phase 2 Tenant Improvement Allowance Xxxxxx’s remaining balance of Tenant’s Contribution. The HVAC Work shall be subject to the terms and conditions governing alterations to the Premises as set forth in Article 7 In furtherance of the Lease includingforegoing, without limitationXxxxxx hereby authorizes Landlord, Landlord’s approval rights during the course of the plans and specifications involving the HVAC Work; provided, however, to disburse from the Phase 2 Tenant shall have Improvement Allowance the option to instead include such HVAC Work in its requests Costs owed by Xxxxxx (beyond the initial twenty-five percent (25%) contribution paid for approval by Tenant toward the HVAC Work Costs). Landlord shall pay for the Tenant Improvements as set forth below, in which event the approval remaining twenty-five percent (25%) of the HVAC Work shall be subject Costs (in an estimated amount equal to the same terms and conditions of the Tenant Improvements. Landlord shall disburse to Tenant Three Hundred Fifty-Eight Thousand Two Hundred Eighteen Dollars (or$358,218.00), at TenantLandlord’s option, to Tenant’s general contractor) any funds from the HVAC Allowance within thirty (30) calendar days sole cost and expense. The estimated costs set forth above are set forth in Exhibit B. Upon completion of a Payment Request (as hereinafter defined), an amount up to the costs Tenant incurred in connection with the HVAC Work upon satisfaction and once the final costs of the following conditions: (A) Tenant HVAC Work are determined, Landlord shall reconcile the total HVAC Work Costs to confirm that each party has delivered to Landlord a payment request (“Payment Request”) in a form reasonably satisfactory to Landlord specifying the work which has been completed; and (B) Tenant’s general contractor and/or architect shall have submitted an application for payment and sworn statement substantially in the form paid its share of AIA Document G702; and (C) Tenant has submitted to Landlord lien waivers or partial lien waivers to cover the work included under the Payment Request and all prior work Tenant was required to pay for before utilizing the HVAC Allowance. Notwithstanding anything herein to the contrary, the HVAC Allowance must be requested by Txxxxx, if at all, in accordance with this paragraph on or before the date that is eighteen (18) months following the Effective Date of this Amendment, and any portion not requested by such date may no longer be utilized by Tenant and shall be deemed forfeited to Landlord; provided, however, such eighteen (18) month deadline shall be extended for a reasonable amount of time (not to exceed 6 additional months) if reasonably necessary based on abnormal lead times for products and equipment necessary for Tenant to perform the HVAC WorkWork Costs.

Appears in 1 contract

Samples: Lease (Xencor Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!