Common use of Improvement Allowance Clause in Contracts

Improvement Allowance. Tenant shall be entitled to a one-time improvement allowance (the "Improvement Allowance") in the amount set forth in Section 13 of the Summary, for the costs relating to the initial design and construction of the improvements made to the Premises pursuant to this Work Letter which are permanently affixed to the Premises (the "Improvements"). Subject to Section 2.3, below, in no event shall Landlord be obligated to (i) make disbursements pursuant to this Work Letter in the event that Tenant fails to timely pay any portion of the "Over-Allowance Amount," as defined in, and pursuant to the terms of, Section 4.3.1, (ii) pay a total amount which exceeds the Improvement Allowance, (iii) pay any "A&E Costs," in excess of the cap set forth in Section 2.2.1 of this Work Letter, or (iv) pay any "FF&E Costs" in excess of the cap set forth in Section 2.2.5 of this Work Letter. Notwithstanding the foregoing or any contrary provision of this Lease, all Improvements shall be deemed Landlord's property under the terms of this Lease. Any unused portion of the Improvement Allowance remaining as of [***], shall remain with Landlord and Tenant shall have no further right thereto.

Appears in 2 contracts

Samples: Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc)

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Improvement Allowance. Tenant shall be entitled to a one-time improvement allowance (the "Improvement Allowance") in the amount set forth in Section 13 of the Summary, for the costs relating to the initial design and construction of the improvements made to the Premises pursuant to this Work Letter which are permanently affixed to the Premises (the "Improvements"). Subject to Section 2.3, below, in no event shall Landlord be obligated to (i) make disbursements pursuant to this Work Letter in the event that Tenant fails to timely pay any portion of the "Over-Allowance Amount," as defined in, and pursuant to the terms of, Section 4.3.1, (ii) pay a total amount which exceeds the Improvement Allowance, (iii) pay any "A&E Costs," in excess of the cap set forth in Section 2.2.1 of this Work Letter, or (iv) pay any "FF&E Costs" in excess of the cap set forth in Section 2.2.5 of this Work Letter, or (v) disburse any portion of the Improvement Allowance prior to [***]. Notwithstanding the foregoing or any contrary provision of this Lease, all Improvements shall be deemed Landlord's property under the terms of this Lease. Any unused portion of the Improvement Allowance remaining as of [***], shall remain with Landlord and Tenant shall have no further right thereto.

Appears in 2 contracts

Samples: Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc)

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Improvement Allowance. Tenant shall be entitled to a one-time improvement allowance (the "Improvement Allowance") in the an amount set forth in Section 13 of the Summary, equal to [***] for the costs relating to the initial design and construction of the improvements made to the Premises pursuant to this Work Letter Agreement which are permanently affixed to the Premises (the "Improvements"). Subject to Section 2.3, below, in In no event shall Landlord be obligated to (i) make disbursements pursuant to this Work Letter Agreement in the event that Tenant fails to timely pay has not previously disbursed any applicable portion of the "Over-Allowance Amount," as ” (defined in, and pursuant to in Section 4.2.1) in accordance with the terms of, and conditions of Section 4.3.14.2.1 of this Work Letter Agreement, (ii) pay a total amount which exceeds the Improvement Allowance, (iii) pay any "A&E Costs," in excess of the cap set forth in Section 2.2.1 of this Work LetterLetter Agreement, or (iv) pay any "FF&E Costs" in excess of the cap set forth in Section 2.2.5 of this Work LetterLetter Agreement. Notwithstanding the foregoing or any contrary provision of this Lease, all Improvements shall be deemed Landlord's ’s property under the terms of this Lease. Any unused portion of the Improvement Allowance remaining as of [***], shall remain with Landlord and Tenant shall have no further right thereto; provided, however, such foregoing [***], date shall be extended on a day-for-day basis for each day of any “Landlord Caused Delay” (as that term is defined in Section 6.1 below).

Appears in 1 contract

Samples: Office Lease (Bridgepoint Education Inc)

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