Common use of Landlord’s Contribution Clause in Contracts

Landlord’s Contribution. Provided that this Lease is in full force and effect and there is no event of default in Tenant’s obligation to pay Fixed Rent or Additional Rent, and no other material event of default shall have occurred and is then continuing hereunder, (or in such event, upon the cure of any such default), Landlord shall contribute, as hereinafter provided, an amount (“Landlord’s Contribution”) equal to a maximum of (i) Two Hundred Sixty-Five Thousand, Six Hundred Dollars ($265,600) for the 36th Floor Space; (ii) Two Hundred Ninety-One Thousand, Three Hundred Fifty Dollars ($291,350) for the 21st Floor Space; (iii) Two Hundred Ninety-Two Thousand, Nine Hundred Twenty-Five Dollars ($292,925) for the 22nd Floor Space; (iv) Two Hundred Seventy-One Thousand, Six Hundred Fifty Dollars ($271,650) for the 23rd Floor Space; and (v) Three Hundred Two Thousand, Nine Hundred Twenty-Five Dollars ($302,925) for the 24th Floor Space toward Tenant’s actual cost of Tenant’s alterations to be performed by or on behalf of Tenant on such Floors, and “soft costs” incurred in connection with Tenant’s alterations, including architectural and engineering fees and other soft costs incurred in connection with Tenant’s alterations. Soft Costs shall mean the cost of space planning, engineering and design costs, third party construction management fees, permitting, furniture, moving and other soft costs and data and voice equipment, cabling, wiring and related expenses and the cost of Tenant’s server room. Landlord shall not be obligated to commence the payment of the Work Contribution for the 36th Floor Space until April, 2011, and for the 21st Floor Space until the 21st Floor Inclusion Date, and for the 22nd and 23rd Floor Space until the 22nd and 23rd Floor Inclusion Date, and for the 24th Floor Space until January 2014.

Landlord’s Contribution. Provided that this Lease is in full force and effect and there is no event monetary Event of default in Tenant’s obligation to pay Fixed Rent or Additional Rent, and no other material event of default Default shall have occurred and is then continuing hereunderhereunder and provided that there are no outstanding mechanic’s lien, (financing statement or other lien, charge or order in such eventexistence filed against Landlord, upon or against all or any portion of the cure Premises, the Building or the Real Property due to any act or omission of Tenant or any such default)Tenant Party, that has not been actually released and discharged of record or bonded or insured over to the reasonable satisfaction of Landlord, Landlord shall contribute, as hereinafter provided, an amount (“Landlord’s Contribution”) equal to a maximum of Eight Hundred Fifty Thousand Six Hundred Forty Five and 00/100 Dollars ($850,645.00) (based upon the sum of (i) Two Hundred Sixty-Five Thousandthe product of $35.00 multiplied by 23,847 Rentable Square Feet, Six Hundred Dollars ($265,600) for the 36th Floor Space; plus (ii) Two Hundred Ninety-One Thousand, Three Hundred Fifty Dollars ($291,35016,000.00) for the 21st Floor Space; (iii) Two Hundred Ninety-Two Thousand, Nine Hundred Twenty-Five Dollars ($292,925) for the 22nd Floor Space; (iv) Two Hundred Seventy-One Thousand, Six Hundred Fifty Dollars ($271,650) for the 23rd Floor Space; and (v) Three Hundred Two Thousand, Nine Hundred Twenty-Five Dollars ($302,925) for the 24th Floor Space toward Tenant’s actual cost of Tenant’s alterations Initial Alterations to be performed by or on behalf of Tenant on such Floors(including, without limitation, Tenant’s installation of VAV terminal unit with DDC controller and Fan Powered HVAC boxes at a ratio of 70% VAV and 30% Fan Powered per 1,500 usf, and “soft costs” Tenant’s installation of a glass or Herculite entrance door for the Premises) and Soft Costs (as defined below) incurred in connection with Tenant’s alterationsInitial Alterations; provided, including architectural and engineering fees and other soft costs incurred in connection with Tenanthowever, that no more than twenty-five percent (25%) of Landlord’s alterations. Soft Costs Contribution shall mean be applied to the cost reimbursement of space planning, engineering and design costs, third party construction management fees, permitting, furniture, moving and other soft costs and data (collectively, “Soft Costs”) and, further provided, that Tenant’s Plans for Tenant’s Initial Alterations comply with Article 4. Data and voice equipment, cabling, wiring and related expenses and the cost of Tenant’s server room. Landlord room (if any) shall not be obligated deemed to commence the payment of the Work Contribution be Soft Costs for the 36th Floor Space until April, 2011, and for the 21st Floor Space until the 21st Floor Inclusion Date, and for the 22nd and 23rd Floor Space until the 22nd and 23rd Floor Inclusion Date, and for the 24th Floor Space until January 2014this purpose.

Landlord’s Contribution. Provided that this Lease is in full force and effect and there is no event Section 31.1 (a) Landlord shall contribute toward the actual cost of default in Tenant’s obligation to pay Fixed Rent or Additional RentInitial Alterations (including “soft costs” incurred in connection with such alterations, including architectural, engineering and no other material event of default shall have occurred and is then continuing hereunder, (or in such event, upon the cure of any such default), Landlord shall contribute, as hereinafter provided, moving fees) an amount (“Landlord’s Contribution”) equal to a maximum the lesser of (i) Seventeen Million Four Hundred Seventy-Seven Thousand Two Hundred Sixty-Five Thousand, Six Hundred Dollars ($265,60017,477,200), calculated on the basis of (I) for the 36th Floor Space; (ii) Two Hundred Ninety-One Thousand, Three Hundred Fifty Sixty Dollars ($291,35060) per RSF for the 21st Office Space (other than the Fourth Floor Space; ) and (iiiII) Two Hundred Ninety-Two Thousand, Nine Hundred TwentyThirty-Five Dollars ($292,92535) per RSF for the 22nd Fourth Floor Space; (iv) Two Hundred Seventy-One Thousand, Six Hundred Fifty Dollars ($271,650) for the 23rd Floor Space; Space and (vii) Three Hundred Two Thousand, Nine Hundred Twenty-Five Dollars ($302,925) for the 24th Floor Space toward Tenant’s actual cost aggregate amount of Tenant’s alterations to be performed all costs and expenses actually incurred by or on behalf of Tenant on such Floors, and “soft costs” incurred in connection with Tenant’s alterationsInitial Alterations; provided, including architectural and engineering fees and other soft costs incurred in connection with Tenant’s alterations. Soft Costs shall mean the cost of space planninghowever, engineering and design coststhat if, third party construction management fees, permitting, furniture, moving and other soft costs and data and voice equipment, cabling, wiring and related expenses and the cost as part of Tenant’s server roomInitial Alterations, Tenant constructs a restroom on each of the fourth (4th) and fifth (5th) floors of the Building in accordance with the terms of Article 4 hereof and the Work Letter, which restrooms are, in Landlord’s reasonable judgment, of a quality equal to or greater than the standards of the core restrooms of the Building, Landlord’s Contribution shall be deemed to be increased by an amount equal to One Hundred Thousand Dollars ($100,000); provided, however, that this Lease shall be in full force and effect and no monetary or material non-monetary Event of Default shall have occurred and be continuing hereunder at the time of any progress payment. If Landlord shall not be obligated fails to commence the make any payment of Landlord’s Contribution when such payment is due pursuant to this Article 31, such amount shall be immediately payable by Landlord to Tenant hereunder, together with interest at the Work Contribution for Default Rate accruing from the 36th Floor Space until April, 2011, date such payment was due to and for including the 21st Floor Space until the 21st Floor Inclusion Date, and for the 22nd and 23rd Floor Space until the 22nd and 23rd Floor Inclusion Date, and for the 24th Floor Space until January 2014date such payment is made.

Landlord’s Contribution. Provided Notwithstanding the last sentence of Section 7(A) and Section 7(B), provided that this Lease is in full force and effect and there is no event Event of default in Tenant’s obligation to pay Fixed Rent or Additional Rent, and no other material event Default shall at the time of default shall any disbursement have occurred and is then continuing hereunder, (or in such event, upon the cure of any such default)be continuing, Landlord shall contributecontribute up to Eight Million Three Hundred Ninety-One Thousand Two Hundred Thirty and 00/100 Dollars ($8,391,230.00) toward the cost of the Additional Premises Initial Improvements; provided that (i) no more than One Hundred Three Thousand One Hundred Twenty and No/100 Dollars ($103,120.00) may be applied toward the cost of demolition of the 13th Floor Premises, as hereinafter provided, an amount and (ii) at least Five Hundred Seventy-Three Thousand Six Hundred Twenty and No/100 Dollars ($573,620.00) (“Landlord’s Contribution”) equal to a maximum of (i) Two Hundred Sixty-Five Thousand, Six Hundred Dollars ($265,600) for the 36th Floor Space; (ii) Two Hundred Ninety-One Thousand, Three Hundred Fifty Dollars ($291,350) for the 21st Floor Space; (iii) Two Hundred Ninety-Two Thousand, Nine Hundred Twenty-Five Dollars ($292,925) for the 22nd Floor Space; (iv) Two Hundred Seventy-One Thousand, Six Hundred Fifty Dollars ($271,650) for the 23rd Floor Space; and (v) Three Hundred Two Thousand, Nine Hundred Twenty-Five Dollars ($302,925) for the 24th Floor Space shall be applied toward Tenant’s actual cost of Tenant’s alterations to be performed by or on behalf of Tenant on such Floors, and “soft costs” incurred in connection with Tenant’s alterations, including architectural and engineering fees and other soft costs incurred in connection with Tenant’s alterations. Soft Costs shall mean the cost of space planningthe Original Premises Alterations (up to fifteen percent (15%) of each of which may be used for architectural, engineering and design costs, third party construction management fees, permitting, furniture, moving and other soft costs and data and voice equipmentthe costs of furniture systems), cabling, wiring and related expenses which Landlord shall pay to Tenant as follows: Landlord shall pay up to ninety percent (90%) of Landlord's Contribution in installments no more frequently than thirty (30) days apart throughout the course of performance of the Additional Premises Initial Improvements and the cost Original Premises Alterations, respectively, each within thirty (30) days after Tenant submits to Landlord (a) copies of Tenantpaid invoices for the applicable work performed or materials used, (b) lien waivers covering all work for which payment is being requested, (c) an architect’s server roomcertification stating that the portion of the Additional Premises Initial Improvements or Original Premises Alterations, as applicable, for which payment is being requested has been performed in accordance with the approved construction drawings, and certifying as to the amount due and owing to contractors, and (d) such other evidence that the services performed have been rendered with respect to, and materials used have been incorporated into, such Additional Premises Initial Improvements or Original Premises Alterations, as applicable, as Landlord may reasonably request. Landlord shall not be obligated to commence pay the payment remaining ten percent (10%) of Landlord’s Contribution following completion of the Work Contribution Additional Premises Initial Improvements and Original Premises Alterations, respectively, and within thirty (30) days after Tenant submits to Landlord (a) copies of paid invoices for the 36th Floor Space until Aprilapplicable work performed or materials used, 2011(b) final lien waivers with respect to the Additional Premises Initial Improvements or Original Premises Alterations, as applicable, (c) an architect’s certification stating that the Additional Premises Initial Improvements or Original Premises Alterations, as applicable, have been completed in accordance with the approved construction drawings, and for certifying as to the 21st Floor Space until the 21st Floor Inclusion Dateamount due and owing to contractors, and for (d) such other evidence that the 22nd and 23rd Floor Space until the 22nd and 23rd Floor Inclusion Dateservices performed have been rendered with respect to, and for the 24th Floor Space until January 2014materials used have been incorporated into, such Additional Premises Initial Improvements or Original Premises Alterations, as applicable, as Landlord may reasonably request.

Landlord’s Contribution. Provided Section 31.1 (a) Landlord shall contribute toward the actual cost of the Initial Alterations (including carpeting, wall covering, telephone and computer installations and wiring, and "soft costs" incurred in connection with such alterations, including architectural, consulting, engineering and legal fees, provided that such "soft costs" shall not exceed ten percent (10%) of Landlord's Contribution) an amount ("Landlord's Contribution") equal to the lesser of (a) One Million Eight Hundred Seventeen Thousand Eight Hundred and 00/100 Dollars ($1,817,800.00) (subject, however, to reduction in the amounts set forth in Subsections 31.1(a)(ii) and 31.1(a)(iii) in the event that Tenant shall exercise one or more of its rights of partial termination pursuant to Section 2.3), or (b) the aggregate amount of all costs and expenses actually incurred by Tenant in connection with the Initial Alterations; provided, however, that this Lease is shall be in full force and effect and there is no event Event of default in Tenant’s obligation to pay Fixed Rent or Additional Rent, and no other material event of default Default shall have occurred and is then be continuing hereunder, (or in such event, upon the cure of any such default), Landlord shall contribute, as hereinafter and provided, an amount (“further, that Landlord’s Contribution”) equal 's Contribution shall be payable in stages commencing on the Delivery Date with respect to a each Space, in the following maximum of amounts: 71 (i) Two Hundred Sixty-Five Thousandwith respect to Space A, Six Hundred (a) Fifteen Thousand and 00/100 Dollars ($265,60015,000.00) toward Tenant's renovation of the two (2) existing bathrooms on the ninth avenue side lobby of the ninth floor of the Building in order to comply with the requirements of the ADA in Space A as more particularly set forth in Section 4.3(v), and (b) Nine Hundred Twenty One Thousand Sixty and 00/100 Dollars ($921,060.00) for the 36th Floor Space; other items of Tenant's Initial Alterations applicable to Space A; (ii) with respect to Space B, Five Hundred Fifteen Thousand Two Hundred Ninety-One ThousandSixty and 00/100 Dollars ($515,260.00); and (iii) with respect to Space C, Three Hundred Fifty Sixty Six Thousand Four Hundred Eighty and 00/100 Dollars ($291,350) for the 21st Floor Space; (iii) Two Hundred Ninety-Two Thousand, Nine Hundred Twenty-Five Dollars ($292,925) for the 22nd Floor Space; (iv) Two Hundred Seventy-One Thousand, Six Hundred Fifty Dollars ($271,650) for the 23rd Floor Space; and (v) Three Hundred Two Thousand, Nine Hundred Twenty-Five Dollars ($302,925) for the 24th Floor Space toward Tenant’s actual cost of Tenant’s alterations to be performed by or on behalf of Tenant on such Floors, and “soft costs” incurred in connection with Tenant’s alterations, including architectural and engineering fees and other soft costs incurred in connection with Tenant’s alterations. Soft Costs shall mean the cost of space planning, engineering and design costs, third party construction management fees, permitting, furniture, moving and other soft costs and data and voice equipment, cabling, wiring and related expenses and the cost of Tenant’s server room. Landlord shall not be obligated to commence the payment of the Work Contribution for the 36th Floor Space until April, 2011, and for the 21st Floor Space until the 21st Floor Inclusion Date, and for the 22nd and 23rd Floor Space until the 22nd and 23rd Floor Inclusion Date, and for the 24th Floor Space until January 2014366,480.00).

Landlord’s Contribution. Provided that this Lease is in full force and effect and there is no event of default in So long as the Tenant’s obligation Termination Right, as defined in Section 7.7, has expired without exercise, Landlord shall reimburse Tenant for the costs incurred by Tenant with respect to the design and performance of the Initial Work and the Expansions (as defined in Section 7.7), if any, up to the amount of Landlord’s Contribution, subject to the provisions hereof; provided, however, that no more than Five Hundred Thousand Dollars ($500,000.00) of Landlord’s Contribution may be used by Tenant for so-called soft costs, including without limitation, costs related to design, architectural, engineering and construction planning services. To the extent that the Initial Work and any Expansions exceeds the Landlord’s Contribution, Tenant shall be entirely responsible for such excess, but in any case, Tenant shall spend no less than One Million Six Hundred Thousand Dollars ($1,600,000.00) with respect to the Initial Work and any Expansions, as more particularly set forth herein. Landlord’s Contribution shall be payable by Landlord to Tenant in installments, according to Landlord’s construction disbursement procedures as the Initial Work progresses, in the amount of two-thirds (2/3) of any installment of such costs and Tenant shall be obligated to pay Fixed Rent or Additional Rentone-third (1/3) of such costs until such time as Tenant has paid One Million Three Hundred Thousand Dollars ($1,300,000.00) of such costs; provided, however, that once Landlord has paid the entire Landlord’s Contribution and Tenant has paid One Million Three Hundred Thousand Dollar ($1,300,000.00), Tenant shall thereafter (i) pay no less than Three Hundred Thousand Dollars ($300,000.00) towards the Initial Work and any Expansions, and no other material event of default shall have occurred (ii) provide Landlord with satisfactory evidence that such payment has been made towards the Initial Work and is then continuing hereunderany Expansions, (on or in such eventbefore December 31, upon 2006, as may be extended pursuant to Section 7.7. Prior to the cure payment of any such default), Landlord shall contribute, as hereinafter provided, an amount (“installment of Landlord’s Contribution”Contribution by Landlord, Tenant shall deliver to Landlord a written request, to be submitted no more frequently than once every thirty (30) equal to a maximum of days, for such disbursement, which request shall be accompanied by: (i) Two Hundred Sixty-Five Thousand, Six Hundred Dollars ($265,600) invoices for the 36th Floor SpaceInitial Work covered by any previous requisition; (ii) Two Hundred Ninety-One Thousand, Three Hundred Fifty Dollars partial lien waivers or final lien waivers ($291,350in the case of a final installment) for the 21st Floor Spacefrom all contractors and subcontractors; (iii) Two a certificate signed by the Architect and an officer of the Tenant certifying that the Initial Work represented by the aforementioned invoices has been completed substantially in accordance with the Plans; and (iv) evidence reasonably satisfactory to Landlord that Tenant has paid its respective share of Initial Work and Expansion costs to date as set forth above. Thereafter, Landlord’s Contribution shall be available for requisition as aforesaid and Landlord shall disburse such amounts within thirty (30) days following the date Tenant delivers to Landlord items (i) through (iv) above, until the same is exhausted. After Landlord’s Contribution is exhausted, Tenant shall then pay from its own funds all further sums necessary to complete the Initial Work and any Expansions; provided, however, that Tenant shall pay no less than Three Hundred Ninety-Two Thousand, Nine Hundred Twenty-Five Thousand Dollars ($292,925300,000.00) for towards the 22nd Floor Space; (iv) Two Hundred Seventy-One Thousandcompletion of the Initial Work and any Expansions on or before December 31, Six Hundred Fifty Dollars ($271,650) for the 23rd Floor Space; 2006, as set forth above, as may be extended pursuant to Section 7.7. Any portion of Landlord’s Contribution which has not been applied on or before December 31, 2006 shall be deemed forfeited by Tenant and (v) Three Hundred Two Thousand, Nine Hundred Twenty-Five Dollars ($302,925) for the 24th Floor Space toward Tenant’s actual cost of Tenant’s alterations to be performed by or on behalf of Tenant on such Floors, and “soft costs” incurred in connection with Tenant’s alterations, including architectural and engineering fees and other soft costs incurred in connection with Tenant’s alterations. Soft Costs shall mean the cost of space planning, engineering and design costs, third party construction management fees, permitting, furniture, moving and other soft costs and data and voice equipment, cabling, wiring and related expenses and the cost of Tenant’s server room. Landlord shall not be obligated to commence the payment of the Work Contribution for the 36th Floor Space until April, 2011, and for the 21st Floor Space until the 21st Floor Inclusion Date, and for the 22nd and 23rd Floor Space until the 22nd and 23rd Floor Inclusion Date, and for the 24th Floor Space until January 2014have no further obligation with respect thereto.