Improvement Allowance Items. Except as otherwise set forth in this Tenant Work Letter, the Allowances shall be disbursed by Landlord (pursuant to Landlord’s disbursement process provided below) for costs related to the construction of the Improvements and for the following items and costs (collectively, the “Improvement Allowance Items”): (i) payment of the fees of the “Architect” and the “Engineers,” as those terms are defined in Section 3.1 of this Tenant Work Letter, and payment of the out of pocket fees incurred by, and the out of pocket cost of documents and materials supplied by, Landlord and Landlord’s consultants in connection with the preparation and review of the “Construction Drawings,” as EXHIBIT A that term is defined in Section 3.1 of this Tenant Work Letter; (ii) the cost of permits; (iii) the cost of any changes in the Base, Shell and Core required by the Construction Drawings; (iv) the cost of any changes to the Construction Drawings or Improvements required by applicable building codes (the “Code”); and (v) the “Landlord Coordination Fee,” as that term is defined in Section 4.3 of this Tenant Work Letter. However, in no event shall more than Two Hundred Fifty Thousand Dollars ($250,000.00) of the Improvement Allowance be used for the items described in (i) and (ii) above; any additional amount incurred as a result of (i) and (ii) above shall be deemed to constitute an Over-Allowance Amount. Landlord shall disburse the Allowances for Improvement Allowance Items for the benefit of Tenant and shall authorize the release of monies for the benefit of Tenant as follows.
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Samples: SGX Pharmaceuticals, Inc.
Improvement Allowance Items. Except as otherwise set forth in this Tenant Work Letter, the Allowances Improvement Allowance shall be disbursed by Landlord (each of which disbursements shall be made pursuant to Landlord’s disbursement process provided belowprocess) for costs related to the construction of the Improvements and for the following items and costs (collectively, the “Improvement Allowance Items”): (i) payment of the fees of the “Architect” and the “Engineers,” as those terms are defined in Section 3.1 3 of this Tenant Work Letter, and payment of the out of pocket fees incurred by, and the out of pocket cost of documents and materials supplied by, Landlord and Landlord’s consultants in connection with the preparation and review of the “Construction Drawings,” as EXHIBIT A that term is defined in Section 3.1 3 of this Tenant Work Letter; (ii) the cost of permitspermits and license fees relating to construction of the Improvements; (iii) the cost of any changes in the Base, Shell and Core required by the Construction Drawings; (iv) the cost of any changes to the Construction Drawings or Improvements required by applicable building codes (the “Code”); and (v) the “Landlord Coordination Fee,” as that term is defined ”, which fee shall be equal to five percent (5%) of the Improvement Allowance and any Over-Allowance Amount; (vi) the cost of construction of the Improvements, including, without limitation, testing and inspection costs and trash removal costs, and contractors’ fees and general conditions; (vii) sales and use taxes; and (viii) all other costs to be expended by Tenant and reasonably approved Landlord in Section 4.3 connection with the construction of this Tenant Work Letterthe Improvements. However, in no event shall more than Two Hundred Fifty Thousand three and 50/100 Dollars ($250,000.003.50) per usable square foot of the Improvement Allowance be used for the aggregate cost of items described in (i) and (ii) above; any additional amount incurred as a result of (i) and (ii) above shall be deemed to constitute an paid for by Tenant as part of the Over-Allowance Amount. Landlord shall disburse the Allowances for Improvement Allowance Items for the benefit of Tenant and shall authorize the release of monies for the benefit of Tenant as follows.
Appears in 1 contract
Samples: Lease (Horizon Pharma, Inc.)
Improvement Allowance Items. Except as otherwise set forth in this Tenant Work Letter, the Improvement Allowances shall be disbursed by Landlord (each of which disbursements shall be made pursuant to Landlord’s disbursement process provided belowprocess) for costs related to the construction of the Improvements for the applicable suite and for the following items and costs (collectively, the “Improvement Allowance Items”): (i) payment of the fees of the “Architect” and the “Engineers,” as those terms are defined in Section 3.1 3 of this Tenant Work Letter, and payment of the out of pocket fees incurred by, and the out of pocket cost of documents and materials supplied by, Landlord and Landlord’s consultants in connection with the preparation and review of the “Construction Drawings,” as EXHIBIT A that term is defined in Section 3.1 3 of this Tenant Work Letter; (ii) the cost of permitspermits and license fees relating to construction of the Improvements; (iii) the cost of any changes in the Base, Shell and Core required by the Construction Drawings; (iv) the cost of any changes to the Construction Drawings or Improvements required by applicable building codes (the “Code”); and (v) the “Landlord Coordination Fee,” as that term is defined in Section 4.3 cost of this Tenant Work Letter. However, in no event shall more than Two Hundred Fifty Thousand Dollars ($250,000.00) construction of the Improvement Allowance be used for the items described in Improvements, including, without limitation, testing and inspection costs and trash removal costs, and contractors’ fees and general conditions; (ivi) sales and use taxes; and (iivii) above; any additional amount incurred as a result of (i) and (ii) above shall all other costs to be deemed to constitute an Over-Allowance Amount. Landlord shall disburse the Allowances for Improvement Allowance Items for the benefit of expended by Tenant and shall authorize reasonably approved Landlord in connection with the release construction of monies for the benefit of Tenant as followsImprovements.
Appears in 1 contract
Samples: Lease (Horizon Pharma, Inc.)
Improvement Allowance Items. Except as otherwise set forth in this Tenant Work Letter, the Allowances Improvement Allowance shall be disbursed by Landlord (each of which disbursements shall be made pursuant to Landlord’s disbursement process provided belowprocess) for costs related to the construction of the Improvements and for the following items and costs (collectively, the “Improvement Allowance Items”): (i) payment of the fees of the “Architect” and the “Engineers,” as those terms are defined in Section 3.1 3 of this Tenant Work Letter, and payment of the out of pocket fees incurred by, and the out of pocket cost of documents and materials supplied by, Landlord and Landlord’s consultants in connection with the preparation and review of the “Construction Drawings,” as EXHIBIT A that term is defined in Section 3.1 3 of this Tenant Work Letter; (ii) the cost of permitspermits and license fees relating to construction of the Improvements; (iii) the cost of any changes in the Base, Shell and Core required by the Construction Drawings; (iv) the cost of any changes to the Construction Drawings or Improvements required by applicable building codes (the “Code”); and (v) the “cost of construction of the Improvements, including, without limitation, testing and inspection costs and trash removal costs, and contractors’ fees and general conditions; (vi) sales and use taxes; and (vii) all other costs to be expended by Tenant and reasonably approved Landlord Coordination Fee,” as that term is defined in Section 4.3 connection with the construction of this Tenant Work Letterthe Improvements. However, in no event shall more than Two Hundred Fifty Thousand three and 50/100 Dollars ($250,000.003.50) per rentable square foot of the Improvement Allowance be used for the aggregate cost of items described in (i) and (ii) above; any additional amount incurred as a result of (i) and (ii) above shall be deemed to constitute an paid for by Tenant as part of the Over-Allowance Amount. Landlord shall disburse the Allowances for Improvement Allowance Items for the benefit of Tenant and shall authorize the release of monies for the benefit of Tenant as follows.
Appears in 1 contract
Samples: Lease (Horizon Pharma, Inc.)