Common use of Landlord’s Contribution Clause in Contracts

Landlord’s Contribution. Provided that this Lease is in full force and no monetary Event of Default shall have occurred and is continuing hereunder and provided that there are no outstanding mechanic’s lien, financing statement or other lien, charge or order in existence filed against Landlord, or against all or any portion of the Premises, the Building or the Real Property due to any act or omission of Tenant or any 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) the product of $35.00 multiplied by 23,847 Rentable Square Feet, plus (ii) $16,000.00) toward Tenant’s actual cost of Tenant’s Initial Alterations to be performed by or on behalf of Tenant (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 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 Initial Alterations; provided, however, that no more than twenty-five percent (25%) of Landlord’s Contribution shall be applied to the reimbursement of space planning, engineering and design costs, third party construction management fees, permitting, furniture, moving and other soft costs (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 (if any) shall not be deemed to be Soft Costs for this purpose.

Landlord’s Contribution. Provided that this Lease is in full force and effect and there is no monetary Event event of Default 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 and provided that there are no outstanding mechanic’s lienhereunder, financing statement (or other lienin such event, charge or order in existence filed against Landlord, or against all or upon the cure of any portion of the Premises, the Building or the Real Property due to any act or omission of Tenant or any Tenant Party, that has not been actually released and discharged of record or bonded or insured over to the reasonable satisfaction of Landlordsuch default), Landlord shall contribute, as hereinafter provided, an amount (“Landlord’s Contribution”) equal to a maximum of Eight (i) Two Hundred Fifty Thousand Sixty-Five Thousand, Six Hundred Forty Five and 00/100 Dollars ($850,645.00265,600) (based upon for the sum of (i) the product of $35.00 multiplied by 23,847 Rentable Square Feet, plus 36th Floor Space; (ii) Two Hundred Ninety-One Thousand, Three Hundred Fifty Dollars ($16,000.00291,350) 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 Initial Alterations alterations to be performed by or on behalf of Tenant (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 usfon such Floors, and Tenant’s installation of a glass or Herculite entrance door for the Premises) and Soft Costs (as defined below) “soft costs” incurred in connection with Tenant’s Initial Alterations; providedalterations, however, that no more than twenty-five percent (25%) of Landlordincluding architectural and engineering fees and other soft costs incurred in connection with Tenant’s Contribution alterations. Soft Costs shall be applied to mean the reimbursement cost of space planning, engineering and design costs, third party construction management fees, permitting, furniture, moving and other soft costs (collectively, “Soft Costs”) and, further provided, that Tenant’s Plans for Tenant’s Initial Alterations comply with Article 4. Data and data and voice equipment, cabling, wiring and related expenses and the cost of Tenant’s server room (if any) room. Landlord shall not be deemed obligated to be Soft Costs commence the payment of the Work Contribution for this purposethe 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 no monetary Event of Default shall have occurred and is continuing hereunder and provided that there are no outstanding mechanic’s lien, financing statement or other lien, charge or order in existence filed against Landlord, or against all or any portion of the Premises, the Building or the Real Property due to any act or omission of Tenant or any Tenant Party, that has not been actually released and discharged of record or bonded or insured over to the reasonable satisfaction of Landlord, Section 31.1 (a) Landlord shall contributecontribute toward the actual cost of Tenant’s Initial Alterations (including “soft costs” incurred in connection with such alterations, as hereinafter providedincluding architectural, engineering and moving fees) 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 lesser of (i) Seventeen Million Four Hundred Seventy-Seven Thousand Two Hundred Dollars ($17,477,200), calculated on the product basis of (I) Sixty Dollars ($35.00 multiplied by 23,847 Rentable Square Feet, plus 60) per RSF for the Office Space (other than the Fourth Floor Space) and (II) Thirty-Five Dollars ($35) per RSF for the Fourth Floor Space and (ii) $16,000.00) toward Tenant’s actual cost the aggregate amount of Tenant’s Initial Alterations to be performed all costs and expenses actually incurred by or on behalf of Tenant (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 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 Initial Alterations; provided, however, that no more if, as part of Tenant’s Initial 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 twenty-five percent (25%) the standards of the core restrooms of the Building, Landlord’s Contribution shall be applied to the reimbursement of space planning, engineering and design costs, third party construction management fees, permitting, furniture, moving and other soft costs (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 (if any) shall not be deemed to be Soft Costs for increased by an amount equal to One Hundred Thousand Dollars ($100,000); provided, however, that this purposeLease 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 fails to 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 Default Rate accruing from the date such payment was due to and including the date such payment is made.

Landlord’s Contribution. Provided that this Lease is So long as the Tenant’s Termination Right, as defined in full force and no monetary Event of Default shall have occurred and is continuing hereunder and provided that there are no outstanding mechanic’s lienSection 7.7, financing statement or other lien, charge or order in existence filed against Landlord, or against all or any portion of the Premises, the Building or the Real Property due to any act or omission of Tenant or any Tenant Party, that has not been actually released and discharged of record or bonded or insured over to the reasonable satisfaction of Landlordexpired without exercise, Landlord shall contributereimburse 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), as hereinafter providedif any, an up to the amount (“of Landlord’s Contribution”) equal , subject 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) the product of $35.00 multiplied by 23,847 Rentable Square Feet, plus (ii) $16,000.00) toward Tenant’s actual cost of Tenant’s Initial Alterations to be performed by or on behalf of Tenant (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 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 Initial Alterationsprovisions hereof; provided, however, that no more than twenty-five percent Five Hundred Thousand Dollars (25%$500,000.00) of Landlord’s Contribution shall may be applied used by Tenant for so-called soft costs, including without limitation, costs related to the reimbursement of space planningdesign, architectural, engineering and design 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 one-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, third party construction management fees, permitting, furniture, moving and other soft costs (collectively, “Soft Costs”) and, further ; provided, however, that Tenantonce Landlord has paid the entire Landlord’s Plans 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 (ii) provide Landlord with satisfactory evidence that such payment has been made towards the Initial Work and any Expansions, on or before December 31, 2006, as may be extended pursuant to Section 7.7. Prior to the payment of any such installment of Landlord’s Contribution by Landlord, Tenant shall deliver to Landlord a written request, to be submitted no more frequently than once every thirty (30) days, for Tenantsuch disbursement, which request shall be accompanied by: (i) invoices for the Initial Work covered by any previous requisition; (ii) partial lien waivers or final lien waivers (in the case of a final installment) from all contractors and subcontractors; (iii) 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 Alterations comply with Article 4Work and any Expansions; provided, however, that Tenant shall pay no less than Three Hundred Thousand Dollars ($300,000.00) towards the completion of the Initial Work and any Expansions on or before December 31, 2006, as set forth above, as may be extended pursuant to Section 7.7. Data and voice equipmentAny portion of Landlord’s Contribution which has not been applied on or before December 31, cabling, wiring and related expenses and the cost of Tenant’s server room (if any) 2006 shall not be deemed to be Soft Costs for this purposeforfeited by Tenant and Landlord shall have no further obligation with respect thereto.

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 no monetary Event of Default shall at the time of any disbursement have occurred and is continuing hereunder and provided that there are no outstanding mechanic’s lien, financing statement or other lien, charge or order in existence filed against Landlord, or against all or any portion of the Premises, the Building or the Real Property due to any act or omission of Tenant or any Tenant Party, that has not been actually released and discharged of record or bonded or insured over to the reasonable satisfaction of Landlordbe 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 Eight Hundred Fifty Thousand Six Hundred Forty Five and 00/100 Dollars ($850,645.00) (based upon shall be applied toward the sum of (i) the product of $35.00 multiplied by 23,847 Rentable Square Feet, plus (ii) $16,000.00) toward Tenant’s actual cost of Tenantthe Original Premises Alterations (up to fifteen percent (15%) of each of which may be used for architectural, engineering and design costs and the costs of furniture systems), 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 Original Premises Alterations, respectively, each within thirty (30) days after Tenant submits to Landlord (a) copies of paid 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 certification stating that the portion of the Additional Premises Initial Alterations to be Improvements or Original Premises Alterations, as applicable, for which payment is being requested has been performed by or on behalf of Tenant (including, without limitation, Tenant’s installation of VAV terminal unit in accordance with DDC controller and Fan Powered HVAC boxes at a ratio of 70% VAV and 30% Fan Powered per 1,500 usfthe approved construction drawings, and Tenant’s installation of a glass 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 Herculite entrance door for Original Premises Alterations, as applicable, as Landlord may reasonably request. Landlord shall pay the Premises) and Soft Costs (as defined below) incurred in connection with Tenant’s Initial Alterations; provided, however, that no more than twenty-five remaining ten percent (2510%) of Landlord’s Contribution shall be applied following completion of the 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 applicable work performed or materials used, (b) final lien waivers with respect to the reimbursement of space planningAdditional Premises Initial Improvements or Original Premises Alterations, engineering 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 design costscertifying as to the amount due and owing to contractors, third party construction management feesand (d) such other evidence that the services performed have been rendered with respect to, permittingand materials used have been incorporated into, furnituresuch Additional Premises Initial Improvements or Original Premises Alterations, moving and other soft costs (collectivelyas applicable, “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 (if any) shall not be deemed to be Soft Costs for this purposeas Landlord may reasonably request.