Landlord Contribution. As used herein, "Landlord Contribution" means an allowance in the amount of $350,535.00 to be used for (a) alterations and improvements ("Tenant Installations") made to the Premises, including without limitation the cost of leasehold improvements and demolition ("Hard Costs") and (b) architectural, design, engineering and other consulting fees, cabling, permitting fees and supervisory fees relating to the Tenant Installations ("Soft Costs"; and together with the Hard Costs, collectively, the "Tenant Installation Costs"). Landlord shall disburse funds from the Landlord Contribution within thirty (30) days of Landlord's receipt of the items described in the clauses (ii)(A) - (C) below, provided, however, that for the period commencing on the Effective Date and ending on October 31, 2025, Landlord shall have no obligation to disburse amounts from the Landlord Contribution exceeding an aggregate of $140,214.00 (the "Initial Landlord Contribution Amount"). Any remaining portion of the Landlord Contribution in excess of the Initial Landlord Contribution Amount shall become available to Tenant beginning on the First Extension Term Commencement Date and shall be available to Tenant through the duration of the Term. Any disbursement of the Landlord Contribution to Tenant for reimbursement of its Tenant Installation Costs is conditioned upon the satisfaction of each of the following conditions (collectively, the "Landlord Contribution Conditions"): (i) Tenant is not then in default (beyond any applicable notice and cure period) at the time of any request(s) by Tenant for reimbursement from the Landlord Contribution; and (ii) Tenant has delivered to Landlord together with any such request the following: (A) invoice(s) for such Tenant Installation Costs actually incurred by Tenant to be paid from such installment of the Landlord Contribution; (B) a certificate from an officer of Tenant or an architect retained by Tenant in connection with the performance of such portion of the Tenant Installations stating that all the applicable Tenant Installations have been completed (or, if they have not been completed, the percentage by which such Tenant Installations have been completed as of the date of such reimbursement request); and (C) final (or partial) lien waivers, as applicable, and contractor affidavits from all applicable contractors, subcontractors and material suppliers, all as reasonably required by Landlord and in a form reasonably acceptable to Landlord. All Tenant Installations shall be performed in accordance with and subject to Article IX of the Lease as though they are Alterations. Anything herein to the contrary notwithstanding, commencing on the First Extension Term Commencement Date, Tenant may elect in writing to Landlord to apply any unused portion of the Landlord Contribution as a credit against Base Rent in the manner specified by Tenant in such written election, in which event the Landlord Contribution shall be reduced dollar-for-dollar for any amount so requested in writing to be credited against Base Rent.
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Samples: Office Lease (Basis Global Technologies, Inc.), Office Lease (Basis Global Technologies, Inc.)
Landlord Contribution. Landlord shall contribute up to Ten Dollars ($10.00) per rentable square foot in the Premises (“Landlord’s Contribution”) toward the cost of the design (including preparation of space plans and Construction Documents), construction and installation of the Improvements (the “Total Construction Cost”). Additionally, if the Total Construction Cost exceeds ten dollars ($10.00) per rentable square foot, then upon Tenant’s written request to Landlord delivered not later than the date of Substantial Completion, Landlord’s Contribution shall be increased by an amount designated by Tenant not exceeding Five Dollars ($5.00) per rentable square foot of the Premises (the “Additional Contribution”), and (i) the monthly Base Rent per square foot for each month of the Term shall be increased by the Base Rent Adjustment (as defined below), (ii) Tenant shall deliver to Landlord an additional letter of credit in the amount of the Additional Contribution and otherwise conforming to Section 4 of this Lease, and (iii) the Termination Consideration (as defined in the Additional Provisions Rider) shall be equal to seven (7) months of Monthly Base Rent for the seven (7) months after the Termination Date. Landlord and Tenant shall memorialize any such increases in Base Rent, Letter of Credit and Termination Consideration in the Commencement Letter. As used herein, "Landlord Contribution" means “Base Rent Adjustment” shall mean an allowance in amount equal to the amount of $350,535.00 level monthly payments of principal and interest that would be required to amortize the total amount of the Additional Contribution over the initial Term of the Lease at a rate of nine percent (9%) per annum. Notwithstanding anything herein to the contrary, in the event that the front partition wall of the handicapped accessible stall located in the 8th floor restroom is required by the applicable government authority to be used for (a) alterations and improvements ("Tenant Installations") made to the Premises, including without limitation the cost of leasehold improvements and demolition ("Hard Costs") and (b) architectural, design, engineering and other consulting fees, cabling, permitting fees and supervisory fees relating to the Tenant Installations ("Soft Costs"; and together with the Hard Costs, collectively, the "Tenant Installation Costs"). Landlord shall disburse funds from the Landlord Contribution within thirty (30) days of Landlord's receipt of the items described in the clauses (ii)(A) - (C) below, provided, however, that for the period commencing on the Effective Date and ending on October 31, 2025, Landlord shall have no obligation to disburse amounts from the Landlord Contribution exceeding an aggregate of $140,214.00 (the "Initial Landlord Contribution Amount"). Any remaining portion of the Landlord Contribution in excess of the Initial Landlord Contribution Amount shall become available to Tenant beginning on the First Extension Term Commencement Date and shall be available to Tenant through the duration of the Term. Any disbursement of the Landlord Contribution to Tenant for reimbursement of its Tenant Installation Costs is conditioned upon the satisfaction of each of the following conditions (collectively, the "Landlord Contribution Conditions"): (i) Tenant is not then in default (beyond any applicable notice and cure period) at the time of any request(s) by Tenant for reimbursement from the Landlord Contribution; and (ii) Tenant has delivered to Landlord together with any such request the following: (A) invoice(s) for such Tenant Installation Costs actually incurred by Tenant to be paid from such installment of the Landlord Contribution; (B) a certificate from an officer of Tenant moved forward or an architect retained by Tenant otherwise modified in connection with the performance of such portion completion of the Tenant Installations stating that all the applicable Tenant Installations have been completed (orImprovements, if they have not been completed, the percentage by which such Tenant Installations have been completed as of the date of such reimbursement request); and (C) final (or partial) lien waivers, as applicable, and contractor affidavits from all applicable contractors, subcontractors and material suppliers, all as reasonably required by Landlord and in a form reasonably acceptable to then Landlord. All Tenant Installations shall be performed in accordance with and subject to Article IX of the Lease as though they are Alterations. Anything herein to the contrary notwithstanding, commencing on the First Extension Term Commencement Date, Tenant may elect in writing to Landlord to apply any unused portion of the Landlord Contribution as a credit against Base Rent in the manner specified by Tenant in such written election, in which event the Landlord ’s Contribution shall be reduced dollar-for-dollar for any amount so requested in writing increased by the actual cost to be credited against Base Rentcomplete such work.
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Samples: Lease Agreement (Taleo Corp)
Landlord Contribution. As used herein, "Tenant shall be entitled to a one-time Landlord Contribution (the “Landlord Contribution" means an allowance ”) in the amount of $350,535.00 to be used for (a) alterations and improvements ("Tenant Installations") made to 18,180,000.00, based on $75.00 per rentable square foot of the Premises, including without limitation for the costs relating to the initial design, permitting and construction of the improvements, which are permanently affixed to the Premises (the “Tenant Improvements”). Not less than $50.00 per rentable square foot shall be spent on each floor of the Premises that Tenant constructs. Landlord shall contribute an amount not to exceed $0.10 per rentable square foot of the Premises (the “Landlord’s Drawing Contribution”) toward the cost of leasehold improvements one (1) preliminary space plan to be prepared by “Architect” (as defined in Section 3.1), below, and demolition ("Hard Costs") and (b) architecturalno portion of the Landlord’s Drawing Contribution, designif any, engineering and other consulting fees, cabling, permitting fees and supervisory fees relating to remaining after the completion of the Tenant Installations ("Soft Costs"; and together with Improvements shall be payable to or available for use by Tenant. Tenant shall provide an electronic copy of such preliminary space plan to Landlord promptly following completion of the Hard Costs, collectively, the "Tenant Installation Costs")same. In no event shall Landlord shall disburse funds from be obligated to pay a total amount which exceeds the Landlord Contribution within thirty (30) days and Landlord’s Drawing Contribution. Notwithstanding the foregoing or any contrary provision of this Lease, all Tenant Improvements shall be deemed Landlord's receipt ’s property upon the expiration or earlier termination of the items described in the clauses (ii)(A) - (C) below, provided, however, that for the period commencing on the Effective Date and ending on October 31, 2025, Landlord shall have no obligation to disburse amounts from the Landlord Contribution exceeding an aggregate of $140,214.00 (the "Initial Landlord Contribution Amount")this Lease. Any remaining portion of the Landlord Contribution in excess of the Initial Landlord Contribution Amount shall become available to Tenant beginning on the First Extension Term Commencement Date and shall be available to Tenant through the duration of the Term. Any disbursement of the Landlord Contribution to Tenant for reimbursement of its Tenant Installation Costs is conditioned upon the satisfaction of each of the following conditions (collectively, the "Landlord Contribution Conditions"): (i) Tenant is not then in default (beyond any applicable notice and cure period) at the time of any request(s) by Tenant for reimbursement from the Landlord Contribution; and (ii) Tenant has delivered to Landlord together with any such request the following: (A) invoice(s) for such Tenant Installation Costs actually incurred by Tenant to be paid from such installment of the Landlord Contribution; (B) a certificate from an officer of Tenant or an architect retained by Tenant in connection with the performance of such portion of the Tenant Installations stating that all the applicable Tenant Installations have been completed (or, if they have not been completed, the percentage by which such Tenant Installations have been completed as of the date of such reimbursement request); and (C) final (or partial) lien waivers, as applicable, and contractor affidavits from all applicable contractors, subcontractors and material suppliers, all as reasonably required by Landlord and in a form reasonably acceptable to Landlord. All Tenant Installations shall be performed in accordance with and subject to Article IX of the Lease as though they are Alterations. Anything herein to the contrary notwithstanding, commencing on the First Extension Term Commencement Date, Tenant may elect in writing to Landlord to apply any unused portion of the Landlord Contribution as a credit against Base Rent in for which Tenant has not submitted the manner specified required documentation pursuant to Section 2.2.2.1 below by the date that is eighteen (18) months after the Final Completion Date shall remain with Landlord and Tenant in such written election, in which event the Landlord Contribution shall be reduced dollar-for-dollar for any amount so requested in writing to be credited against Base Renthave no further right thereto.
Appears in 1 contract
Samples: Lease (Proofpoint Inc)
Landlord Contribution. As used herein, "Landlord Contribution" means an allowance in shall pay for the amount of $350,535.00 to be used for (a) alterations and improvements ("Tenant Installations") made actual costs incurred with respect to the Premises, including without limitation the cost hard and soft costs of leasehold improvements design and demolition ("Hard Costs") and (b) architectural, design, engineering and other consulting fees, cabling, permitting fees and supervisory fees relating to the Tenant Installations ("Soft Costs"; and together with the Hard Costs, collectively, the "Tenant Installation Costs"). Landlord shall disburse funds from the Landlord Contribution within thirty (30) days of Landlord's receipt of the items described in the clauses (ii)(A) - (C) below, provided, however, that for the period commencing on the Effective Date and ending on October 31, 2025, Landlord shall have no obligation to disburse amounts from the Landlord Contribution exceeding an aggregate of $140,214.00 (the "Initial Landlord Contribution Amount"). Any remaining portion of the Landlord Contribution in excess performance of the Initial Tenant Improvements up to a maximum aggregate amount of One Million Four Hundred Eighty One Thousand Four Hundred Thirty Six and 03/100 Dollars ($1,481,436.00) less any past due expenses owed to Landlord Contribution Amount shall become available to Tenant beginning on the First Extension Term Commencement Date and shall be available to Tenant through the duration of the Term. Any disbursement of the Landlord Contribution to Tenant for reimbursement of its Tenant Installation Costs is conditioned upon the satisfaction of each of the following conditions (collectively, the "Landlord Contribution Conditions"): (i) Tenant is not then in default (beyond any applicable notice and cure period) at the time of any request(s) by Tenant for reimbursement from under this Lease (“Initial Allowance”). If the Landlord Contribution; and (ii) Tenant has delivered to Landlord together with any such request the following: (A) invoice(s) for such Tenant Installation Costs actually actual costs incurred by Tenant to be paid from such installment of the Landlord Contribution; (B) a certificate from an officer of Tenant or an architect retained by Tenant in connection with the Initial Tenant Improvements exceed the Initial Allowance, Landlord shall provide an additional allowance to fund such excess costs (which costs may include, without limitation, costs in connection with design and construction costs and expenses) up to a maximum aggregate amount of Two Hundred Two Thousand Fourteen and 00/100 Dollars ($202,014.00) less any past due expenses owed to Landlord by Tenant under this Lease (“Additional Allowance”) (the Initial Allowance and the Additional Allowance, are hereinafter referred to, singly or collectively, as the “Landlord’s Contribution”). Landlord’s Contribution shall be payable by Landlord directly to the general contractor in installments as the Initial Tenant Improvements progresses. Prior to payment of any such installment Landlord must be reasonably satisfied with the Initial Tenant Improvements performed to date and any required partial and/or final lien waivers must have been provided. Tenant shall not be entitled to any credit or payment from Landlord for any portion of Landlord’s Contribution not used by Tenant in “the performance of such portion of the Initial Tenant Installations stating that all the applicable Improvements. Tenant Installations have been completed (or, if they have not been completed, the percentage by which such Tenant Installations have been completed as of the date of such reimbursement request); and (C) final (or partial) lien waivers, as applicable, and contractor affidavits from all applicable contractors, subcontractors and material suppliers, all as reasonably required by Landlord and in a form reasonably acceptable to Landlord. All Tenant Installations shall be performed in accordance with responsible for the payment of any costs and subject to Article IX of the Lease as though they are Alterations. Anything herein expenses related to the contrary notwithstandingInitial Tenant Improvements which exceed Landlord’s Contribution. If Additional Allowance is provided, commencing on the First Extension Term Commencement DateDate of the month following disbursement of the Additional Allowance, Tenant may elect shall pay Landlord as additional rent the monthly installment of the amortization of the Additional Allowance actually disbursed by Landlord in writing an amount sufficient to Landlord to apply any unused fully amortize the funded amount of the Additional Allowance over the unexpired portion of the initial term on a direct reduction basis payable in equal monthly installments including interest at the annual rate of eight percent (8%). For example, if Tenant requests all of the Additional Allowance, Tenant shall pay Landlord Contribution as a credit against Base Rent additional rent the monthly installment of $3,016.74 in equal monthly installments over the manner specified by Tenant in such written election, in which event unexpired portion of the Landlord Contribution shall be reduced dollar-for-dollar for any amount so requested in writing to be credited against Base Rentinitial term.
Appears in 1 contract
Samples: Lease (Mimecast LTD)