Landlord’s Contribution. (a) Landlord agrees to pay to Tenant an amount not to exceed the applicable Landlord's Contribution toward the cost of the Initial Installations for Area A and Area B, provided as of the date on which Landlord is required to make payment thereof pursuant to paragraph 9(b), (i) the Lease is in full force and effect, and (ii) no Event of Default then exists. Tenant shall pay all costs of the Initial Installations in excess of Landlord's Contribution. Landlord's Contribution shall be payable solely on account of labor directly related to the Initial Installations and materials delivered to Area A and Area B in connection with the Initial Installations, except that Tenant may apply up to 5% of Landlord's Contribution to pay "soft costs", consisting of architectural, consulting, engineering and legal fees incurred in connection with the Initial Installations. Tenant shall not be entitled to receive any portion of Landlord's Contribution not actually expended by Tenant in the performance of the Initial Installations in accordance with this paragraph 8, nor shall Tenant have any right to apply any unexpended portion of Landlord's Contribution as a credit against Rent or any other obligation of Tenant hereunder. Upon the completion of the Initial Installations and satisfaction of the conditions set forth in paragraph 9(b), or upon the occurrence of the date which is twelve months after the Rent Commencement Date for the applicable space, whichever first occurs, any amount of Landlord's Contribution which has not been previously disbursed shall be retained by Landlord.
Appears in 2 contracts
Samples: Agreement (Imanage Inc), Imanage Inc
Landlord’s Contribution. In accordance with and subject to the terms and conditions of this Section 4.2, Landlord shall provide Tenant with a tenant improvement allowance (a) Landlord agrees to pay to Tenant the “Landlord’s Contribution”), in an amount not of up to exceed the applicable Landlord's ’s Contribution toward the cost of the Initial Installations for Area A and Area BAmount, provided that as of the date on which Landlord is required to make payment thereof pursuant to paragraph 9(b), Section 4.2(b): (i) the this Lease is in full force and effect, and (ii) no Event of Default then existsexists which has not been cured after the giving of any required notice and expiration of any applicable period of grace. Landlord’s Contribution shall be applied toward the costs and expenses of the Initial Installations, and Tenant shall pay all costs of the Initial Installations in excess of Landlord's ’s Contribution. Landlord's ’s Contribution shall be payable solely on account of hard construction costs and labor directly related to the Initial Installations and materials delivered to Area A and Area B the Premises in connection with the Initial Installations; provided, however, up to but not more than fifteen percent (15%) of the Landlord’s Contribution may be applied against “soft costs” incurred by Tenant in connection with the Initial Installations, except that Tenant which may apply up to 5% of Landlord's Contribution to pay "soft costs", consisting of include architectural, consultingdesign engineering services, engineering networking, wiring, project management, IT and legal fees incurred in connection with the Initial Installations. Tenant shall not be entitled to receive any portion of Landlord's Contribution not actually expended by Tenant in the performance of the Initial Installations in accordance with this paragraph 8telecommunication consultants, nor shall Tenant have any right to apply any unexpended portion of Landlord's Contribution as a credit against Rent or any and other obligation of Tenant hereunderdirect moving expenses. Upon the completion of the Initial Installations and satisfaction of the conditions set forth in paragraph 9(b)this Section 4.2, or upon the occurrence of the date which is twelve (12) months after the Rent Commencement Date for the applicable spaceDate, whichever first occurs, any amount of Landlord's ’s Contribution which has not been previously disbursed or applied against the Fixed Rent in accordance with the provisions of Section 4.2(c) shall be retained by LandlordLandlord and Tenant shall have no further right or claim thereto.
Appears in 1 contract
Samples: Lease (Centessa Pharmaceuticals PLC)
Landlord’s Contribution. (a) Landlord agrees to shall pay to Tenant an amount not to exceed the applicable Landlord's ’s Contribution toward the cost of the Initial Installations for Area A and Area BInstallations, provided that as of the date on which Landlord is required to make payment thereof pursuant to paragraph 9(b), Section 5.7(b): (i) the this Lease is in full force and effect, and (ii) no Event of Default then exists. Tenant shall pay all costs of the Initial Installations in excess of Landlord's ’s Contribution. Landlord's ’s Contribution shall be payable solely on account of labor directly related to the Initial Installations hard and materials delivered to Area A and Area B in connection soft costs associated with the Initial Installationsdevelopment, except that Tenant may apply up to 5% of Landlord's Contribution to pay "soft costs"design, consisting of architecturalconstruction, consulting, engineering installation and legal fees incurred in connection with the Initial Installations. Tenant shall not be entitled to receive any portion of Landlord's Contribution not actually expended by Tenant in the performance construction management of the Initial Installations in accordance Improvements and move coordination, including any reconfiguration of the existing Furniture, as such costs are identified by Tenant with this paragraph 8, nor shall Tenant have any right to apply any unexpended portion the reasonable approval of Landlord's ; provided, however, up to but not more than fifty percent (50%) of the Landlord’s Contribution as a credit may be applied against Rent or any other obligation the purchase of Tenant hereundernew furniture, fixtures, equipment and signage for the Premises. Upon the completion of the Initial Installations and satisfaction of the conditions set forth in paragraph 9(b), or upon the occurrence of the date which is twelve (12) months after the Rent Lease Commencement Date for the applicable space, whichever first occursDate, any amount of Landlord's ’s Contribution which has not been previously disbursed shall be retained by Landlord and Tenant shall have no further right or claim thereto. Any new furniture purchased by Tenant for which Landlord’s Contribution is applied shall constitute Furniture and shall be and become the property of Landlord and shall be surrendered to Landlord upon the expiration or earlier termination of this Lease in accordance with Section 1.4 of this Lease.
Appears in 1 contract
Samples: Office Lease (3com Corp)
Landlord’s Contribution. (a) Landlord agrees to shall pay to Tenant an amount not to exceed the applicable Landlord's ’s Contribution toward the cost of the Initial Installations for Area A (excluding any “soft costs“ and Area BTenant’s Property), provided that as of the date on which Landlord is required to make payment thereof pursuant to paragraph 9(b), Section 4.2(b): (i) the this Lease is in full force and effect, and (ii) no Event of Default then exists. Tenant shall pay all costs of the Initial Installations in excess of Landlord's ’s Contribution. Landlord's ’s Contribution shall be payable solely on account of labor directly related to the Initial Installations and materials delivered to Area A and Area B the Premises in connection with the Initial Installations, except that Tenant may apply up to 5% of Landlord's Contribution to pay "Installations (excluding any “soft costs", consisting of architectural, consulting, engineering “ and legal fees incurred in connection with the Initial InstallationsTenant’s Property). Tenant shall not be entitled to receive any portion of Landlord's ’s Contribution not actually expended by Tenant in the performance of the Initial Installations in accordance with this paragraph 8Installations, nor shall Tenant have any right to apply any unexpended portion of Landlord's ’s Contribution as a credit against Rent or any other obligation of Tenant hereunder. Upon the completion of the Initial Installations and satisfaction of the conditions set forth in paragraph 9(b)this Section 4.2, or upon the occurrence of the date which is twelve 12 months after the Rent Commencement Date for the applicable spaceDate, whichever first occurs, any amount of Landlord's ’s Contribution which has not been previously disbursed shall be retained by Landlord.
Appears in 1 contract
Landlord’s Contribution. (a) Landlord agrees to pay to Tenant, toward payment of the cost of the work to be performed by Tenant in connection with Tenant's initial occupancy of each Portion of the Premises (the "Initial Installations"), an amount not to exceed the applicable Landlord's Contribution toward the cost for such Portion of the Initial Installations for Area A and Area BPremises, provided that as of the date on which Landlord is required to make each respective payment thereof pursuant to paragraph 9(b), Section 4.2(b): (i) the this Lease is in full force and effect, and (ii) no Event of Default then exists. Tenant shall pay all costs of the Initial Installations in excess of Landlord's Contribution. Landlord's Contribution shall be payable solely on account of labor directly related to the Initial Installations and materials delivered to Area A and Area B the Premises in connection with the Initial Installations, except that Tenant may apply up to 5% of Landlord's Contribution to pay "soft costs", consisting of architectural, consulting, engineering and legal fees " incurred in connection with the Initial Installations, which shall be limited to the actual architectural, consulting and engineering fees incurred by Tenant in connection therewith. Tenant shall not be entitled to receive any portion of Landlord's Contribution not actually expended by Tenant in the performance of the Initial Installations in accordance with this paragraph 8Section 4.2, nor shall Tenant have any right to apply any unexpended portion of Landlord's Contribution as a credit against Rent or any other obligation of Tenant hereunder. Upon Notwithstanding anything to the completion of the Initial Installations and satisfaction of the conditions set forth contrary contained in paragraph 9(b)this Section 4.2, or upon the occurrence of the date which is twelve months after the Rent Commencement Date for the applicable space, whichever first occurs, Tenant shall not be entitled to receive any amount portion of Landlord's Contribution which has not been previously disbursed shall be retained by Landlordpayable with respect to any Portion of the Premises prior to delivery to Tenant of the applicable Portion of the Premises.
Appears in 1 contract
Samples: Lease (Sports Club Co Inc)
Landlord’s Contribution. (a) Landlord agrees to pay to Tenant an amount not to exceed the applicable Landlord's Contribution toward the cost of the Initial Installations for Area A and Area Bin respect of the 24th Floor Premises, provided that as of the date on which Landlord is required to make payment thereof pursuant to paragraph 9(b), Section 4.2(b): (i) the this Lease is in full force and effect, and (ii) no Event of Default then exists. Tenant shall pay all costs of the Initial Installations in excess of Landlord's Contribution. Landlord's Contribution shall be payable solely on account of labor directly related to the such Initial Installations and materials delivered to Area A and Area B the 24th Floor Premises in connection with the such Initial Installations, except that Tenant may apply up to 5% of Landlord's Contribution to pay "soft costs", consisting of architectural, consulting, engineering and legal fees fees, and furniture and equipment (exclusive of computer equipment) acquired for use in the 24th Floor Premises, incurred in connection with the such Initial Installations. Tenant shall not be entitled to receive any portion of Landlord's Contribution not actually expended by Tenant in the performance of the such Initial Installations in accordance with this paragraph 8Section 4.2, nor shall Tenant have any right to apply any unexpended portion of Landlord's Contribution as a credit against Rent or any other obligation of Tenant hereunder. Upon the completion of the such Initial Installations and satisfaction of the conditions set forth in paragraph 9(b)Section 4.2, or upon the occurrence of the date which is twelve months after the Rent Commencement Date for in respect of the applicable space24th Floor Premises, whichever first occurs, any amount of Landlord's Contribution which has not been previously disbursed shall be retained by Landlord.
Appears in 1 contract
Samples: Martha Stewart Living Omnimedia Inc