Landlord’s Allowance. Notwithstanding anything to the contrary in Paragraph 9 below, as an inducement to Tenant to enter into this Lease, Landlord shall contribute toward the cost of the design, construction and installation of the Tenant Improvements (including, without limitation, Tenant’s Contractor’s fee and the Construction Management Fee provided for in Paragraph 4.e.iii. below) an amount not to exceed Forty Dollars ($40.00) per rentable square foot of the Premises (which totals Six Million Five Hundred Sixteen Thousand Two Hundred Forty Dollars ($6,516,240.00) based on 162,906 rsf for the Premises) (the “Landlord’s Allowance”); provided, however that not more than Ten Dollars ($10.00) per rentable square foot of the Premises (which totals One Million Six Hundred Twenty Nine Thousand Sixty Dollars ($1,629,060.00) based on 162,906 rsf for the Premises) of the Landlord’s Allowance may be applied to Tenant’s reasonable space planning, architectural and engineering costs for the design of the Tenant Improvements. No portion of the Landlord’s Allowance may be applied to the cost of equipment, trade fixtures, moving expenses, furniture, cabling, signage or free rent. Further, Tenant may only apply Landlord’s Allowance to portions of the Premises which are then the subject of a sublease, or are intended to be sublet, if the Tenant Improvements in such space are consistent with the general design and finish of the Tenant Improvements in the remainder of the Premises. Further, Tenant shall not be entitled to receive (and Landlord shall have no obligation to disburse) all or any portion of the Landlord’s Allowance if Tenant is in default under the Lease at the time Tenant requests such disbursement; provided, however, that if Landlord did not make a disbursement because Tenant was then in default under this Lease, Landlord shall make the disbursement at such time as the default is cured, provided that all other conditions for the disbursement hereunder have been met. Notwithstanding anything to the contrary in this Paragraph 4.e.i., Landlord’s Allowance shall be available for disbursement pursuant to the terms hereof only for the period commencing on the date hereof and ending on December 31, 2012 (the “Allowance Availability Period”). Accordingly, if any portion of the Landlord’s Allowance has not been utilized (and Tenant has not submitted to Landlord invoices evidencing such costs) prior to the last day of the Allowance Availability Period, such unused portion shall be forfeited...
Landlord’s Allowance a) Tenant shall bear all costs of construction of the Improvements in excess of the Allowance, and shall deposit such excess costs with Landlord pursuant to the provisions of Subsection 2 (d) hereinbelow. In addition, Tenant shall be responsible for payment of any and all of Landlord’s actual and reasonable out of pocket costs incurred in reviewing Tenant’s plans for any Change Order or for any other “peer review” work associated with Landlord’s review of Tenant’s plans for any Change Order, including, without limitation, Landlord’s out of pocket costs incurred in engaging any third party engineers (including engineers engaged to review specifications for any supplementary HVAC units), contractors, consultants or design specialists, with the understanding that such payment can be charged against the Allowance or reimbursed separately by Tenant if and to the extent the Allowance has not been fully paid. If reimbursed separately, Tenant shall pay such costs to Landlord within ten (10) business days after Landlord’s delivery to Tenant of a copy of the invoice(s) for such work. Landlord shall have no obligation whatsoever to commence construction of the Improvements until such time as Tenant has deposited the excess costs of construction, and Tenant’s failure to make such deposit timely, as required, shall be assessed against Tenant as a Tenant Delay (as hereinafter defined), pursuant to the provisions contained in this subsection 2 a). As used in this Lease, “Tenant Delay” shall mean any delay in the construction of the Improvements caused by any act, omission, delay or material default by Tenant or any Tenant Party (as hereinafter defined), including, without limitation, the failure of Tenant or Tenant Party to comply with any construction schedule or other provision expressly set forth in this Lease (including, without limitation, Exhibit B) requiring Tenant or any Tenant Party to respond to, review, authorize or approve any matter, or perform an obligation related to the design and construction of the Improvements within a specified time period, provided, however, that no Tenant Delay shall be deemed to have occurred unless and until Landlord has provided a written notice to Tenant that is factually correct in all material respects (the “Tenant Delay Notice”), specifying the action or inaction which Landlord contends constitutes the Tenant Delay. If such action or inaction is not cured by Tenant within two (2) business days after Tenant’s receipt of such T...
Landlord’s Allowance. In Paragraph 4.e.i. or tile Lease, (i) Landlord’s Allowance is increased to Eight Million Five Hundred Ninety Eight Thousand Dollars ($8,598,000.00) (which is $40.00 per rsf based on 214,950 rsf) and (ii) the portion or Landlord’s Allowance that may be applied to reasonable space planning, architectural and engineering costs for the design of tile Tenant Improvements is increased to Two Million One Hundred Forty Nine Thousand Five Hundred Dollars ($2,149,500.00) (which is $10.00 per rsf based on 214,950 rsf).
Landlord’s Allowance. Landlord shall provide up to $831,425.00 (based on $25 per square foot of rentable space) as a tenant improvement allowance (the “Landlord’s Allowance”). The Landlord’s Allowance shall be used to pay any applicable permitting costs, construction costs consistent with the approved construction documents, any design fees, carpeting, the costs of the preparation of the Specifications and the construction documents. Up to $166,285.00 of the Landlord’s Allowance may be used for moving costs, built-in and moveable furniture, telephone/data cabling, wiring, telecommunication equipment, consultant fees, or at Tenant’s option, to pay Rent due under the Lease. Except as permitted by the preceding sentence, Landlord’s Allowance shall not be used for moveable furniture or equipment.
Landlord’s Allowance. Landlord's Allowance for Tenant Improvement Costs shall be amended to provide that the total amount of such Landlord's Allowance shall not exceed ONE MILLION ONE HUNDRED TWENTY-FIVE THOUSAND THREE HUNDRED EIGHTY and NO/100 DOLLARS ($1,125,380.00).
Landlord’s Allowance. Tenant shall be entitled to a one-time improvement allowance (the “Landlord's Allowance”) in the amount of Eighteen Million Seven Hundred Sixty-Three Thousand Forty-Four and 0/100 Dollars ($18,763,044) (i.e., $73.00 per rentable square foot of the Premises) for Landlord's Allowance Items (as defined in Section 2.3.2 below). In no event shall Landlord be obligated to make disbursements pursuant to this Work Letter in a total amount which exceeds Landlord's Allowance. Notwithstanding anything contained herein to the contrary, except as provided in Sections 2.3.2 and 2.4 below, no portion of the Tenant Improvement Allowance may be applied to the cost of space planning or other soft costs, permit fees, cabling, equipment, trade fixtures, moving expenses, furniture, signage, free rent, or computer cabling.
Landlord’s Allowance. If requested by Xxxxxx in writing at the time of its exercise of an expansion option, Landlord shall have the obligation to provide a Landlord’s Allowance with respect to the Expansion Area consistent with the then market rate, and the Fair Market Rental Value in respect of such allowance shall take into account that Tenant pays as rent only 95% of the Fair Market Value.
Landlord’s Allowance. Landlord shall provide to Tenant with respect to such First Offer Space such Landlord’s Allowance, if any, as is set forth in Landlord’s Notice.
Landlord’s Allowance shall be advanced to Tenant in equal monthly installments based upon the number of calendar months projected for completion of the Work for the Tenant Improvements, and shall be limited to $100 per square foot for Improved Space.
Landlord’s Allowance. Landlord shall provide Tenant an allowance of $88,275.00 ("Landlord's Allowance"), to be used by Tenant for Tenant's Work, as defined in EXHIBIT E. Tenant shall not be entitled to any refund, offset, credit, or abatement if the cost of Tenant's Work is less than Landlord's Allowance, and Tenant agrees to pay any excess over $88,275.00 for the cost of Tenant's Work. Tenant's Work is subject to Landlord's prior written approval pursuant to Article 7 and EXHIBIT E of the Lease. As a condition to Landlord's payment to Tenant of Landlord's Allowance, Tenant will provide Landlord with an itemized statement of the cost of Tenant's Work, together with sworn owner's and contractor's statements, contractor's affidavits, and partial and final waivers of lien, in such form and content as Landlord may require in order to establish that the cost of all labor, services, and materials furnished in connection with Tenant's Work has been paid in full and to keep the Premises and Building free from all liens and claims. Landlord will reimburse the costs of Tenant's Work within 30 days of receipt of the required documentation. Landlord will not be responsible for the payment to Tenant of any of Landlord's Allowance requested after DECEMBER 31, 2001.
