Common use of Landlord’s Contribution Clause in Contracts

Landlord’s Contribution. A. In consideration of Tenant performing all of the work (other than Landlord's Work pursuant to Article 52) necessary for its occupancy of the Demised Premises and for Tenant completing such work therein, Landlord agrees that if Tenant shall have submitted to Landlord (a) a detailed itemization of the leasehold improvements installed and completed by Tenant in the Demised Premises, i.e., exclusive of soft costs except as hereinafter provided, (b) together with receipted paid bills therefor, (c) partial and final lien waivers to the effect that there has not been filed with respect to the Building and/or the Demised Premises or any part thereof or upon Tenant's leasehold interest therein any vendor's, mechanic's, laborer's, materialman's or other lien which has not been discharged of record, Landlord shall reimburse or cause to be reimbursed to Tenant an amount equal to the lesser of (i) the actual cost of the leasehold improvements performed and completed by Tenant in the Demised Premises or (ii) ONE HUNDRED SEVENTY-TWO THOUSAND ONE HUNDRED TWENTY AND 00/100 ($172,120.00) DOLLARS, representing "Landlord's Contribution" to such work it being understood and agreed that Landlord's Contribution shall not exceed the sum of ONE HUNDRED SEVENTY-TWO THOUSAND ONE HUNDRED TWENTY AND 00/100 ($172,120.00) DOLLARS and that all costs and expenses in excess of said sum shall be borne solely by Tenant.

Landlord’s Contribution. A. In consideration of Tenant performing all of the work (other than Landlord's Work pursuant to Article 5254) necessary for its occupancy of the Demised Premises and for Tenant completing such work therein, Landlord agrees that if Tenant Tenant, shall have submitted to Landlord (a) a detailed itemization of the leasehold improvements installed and completed by Tenant in the Demised Premises, i.e., exclusive of soft costs except as hereinafter provided, (b) together with receipted paid bills therefor, (c) partial and final lien waivers to the effect that there has not been filed with respect to the Building and/or the Demised Premises or any part thereof or upon Tenant's leasehold interest therein any vendor's, mechanic's, laborer's, materialman's or other lien which has not been discharged of record, Landlord shall reimburse or cause to be reimbursed to Tenant an amount equal to the lesser of (i) the actual cost of the leasehold improvements performed and completed by Tenant in the Demised Premises or (ii) ONE HUNDRED SEVENTY-TWO FIFTY THOUSAND ONE HUNDRED TWENTY AND 00/100 ($172,120.00150,000.00) DOLLARSDollars, representing "Landlord's Contribution" to such work work, it being understood and agreed that Landlord's Contribution shall not exceed the sum of ONE HUNDRED SEVENTY-TWO FIFTY THOUSAND ONE HUNDRED TWENTY AND 00/100 ($172,120.00150,000.00) DOLLARS Dollars, and that all costs and expenses in excess of said sum shall be borne solely by Tenant.

Landlord’s Contribution. A. In consideration Landlord shall contribute up to the sum of Tenant performing all ----------------------- One Hundred Thirty-One Thousand Seven Hundred Ninety-Four and 48/100 Dollars ($131,794.48), which is the product of Twelve and 49/100 Dollars ($12.49) multiplied by the Rentable Area of the work Modified Premises (other than Landlord's Work pursuant to Article 52) necessary for its occupancy of the Demised Premises and for Tenant completing such work therein, Landlord agrees that if Tenant shall have submitted to Landlord (a) a detailed itemization of the leasehold improvements installed and completed by Tenant in the Demised Premises, i.e., exclusive of soft costs except as hereinafter provided, (b) together with receipted paid bills therefor, (c) partial and final lien waivers to the effect that there has not been filed with respect to the Building and/or the Demised Premises or any part thereof or upon Tenant's leasehold interest therein any vendor's, mechanic's, laborer's, materialman's or other lien which has not been discharged of record, Landlord shall reimburse or cause to be reimbursed to Tenant an amount equal to the lesser of (i) the actual cost of the leasehold improvements performed and completed by Tenant in the Demised Premises or (ii) ONE HUNDRED SEVENTY-TWO THOUSAND ONE HUNDRED TWENTY AND 00/100 ($172,120.00) DOLLARS, representing "Landlord's Contribution" "). The Landlord's Contribution shall first be applied toward the costs associated with demise of Modified Premises (the "cost of Demising). Upon full payment of the Cost of Demising, the remaining Landlord's Contribution, to such work it being understood and agreed that the extent thereof, shall be applied toward the remaining cost of construction of the Tenant Work, including all fees as described in Paragraph 4 hereinabove. If the entire Landlord's Contribution shall not exceed be required for completion of the sum of ONE HUNDRED SEVENTYTenant Work, Tenant shall be entitled to apply up to forty-TWO THOUSAND ONE HUNDRED TWENTY AND 00/100 two Thousand Two Hundred Eight and No/100 Dollars ($172,120.0042,208.00) DOLLARS (which is equal to Four and that No/100 Dollars ($4.00) per rentable square foot of the Modified Premises) of any excess Landlord's Contribution after payment of all costs of the Tenant Work (including, without limitation, all Costs of Demising) and expenses all fees as above provided as a setoff against Base Rent next coming due under the Lease. Any portion of the Landlord's Contribution which shall not be utilized for construction of the Tenant Work which is in excess of said sum $4.00 per rentable square foot of the Modified premises shall not be borne solely by applied against Base Rent as aforesaid or in any other way be paid to or for the benefit of or be made available to Tenant.

Landlord’s Contribution. A. In consideration of Tenant performing all of the work (other than Landlord's Work pursuant to Article 52) necessary for its occupancy of the Demised Premises and for Tenant completing such work therein, Landlord agrees that if Tenant shall have submitted to Landlord (a) a detailed itemization of the leasehold improvements installed and completed by Tenant in the Demised Premises, i.e., exclusive of soft costs except as hereinafter provided, (b) together with receipted paid bills therefortherefore, (c) partial and final lien waivers to the effect that there has not been filed with respect to the Building and/or the Demised Premises or any part thereof or upon Tenant's leasehold interest therein any vendor's, mechanic's, laborer's, materialman's or other lien which has not been discharged of record, Landlord shall reimburse or cause to be reimbursed to Tenant an amount equal to the lesser of (i) the actual cost of the leasehold improvements performed and completed by Tenant in the Demised Premises or (ii) ONE HUNDRED SEVENTY-TWO THOUSAND ONE HUNDRED TWENTY AND 00/100 FIVE THOUSAND DOLLARS ($172,120.00) DOLLARS225,000), representing "Landlord's Contribution" to such work work, it being understood and agreed that Landlord's Contribution shall not exceed the sum of ONE HUNDRED SEVENTY-TWO THOUSAND ONE HUNDRED TWENTY AND 00/100 FIVE THOUSAND DOLLARS ($172,120.00) DOLLARS 225,000), and that all costs and expenses in excess of said sum shall be borne solely by Tenant. B. Upon Tenant's request, Landlord's Contribution as provided in Paragraph A hereof shall be paid out from-time to time as Tenant's alterations progress, within fifteen (15) business days after each request by Tenant accompanied by the following: (a) A certificate signed by Tenant or Tenant's architect, dated not more than ten (10) days prior to such request setting forth the following: (i) That the sum then requested is justly due to persons who have rendered services or furnished materials for the work therein specified, and giving a brief description of such services and materials and the several amounts due to each of said persons in respect thereof, and stating that no part of such expenditure is being made the basis, in any previous or then pending prior request, for the receipt of Landlord's Contribution or has been made out of the proceeds of Landlord's Contribution received by Tenant, and that the sum then requested does not exceed the value of the services and materials described in the certificate; and (ii) That except for the amount, if any, stated pursuant to the foregoing subdivision (a)(i) in such certificate to be due for services or materials, there is no outstanding indebtedness (except for withholding of ten (10%) percent of such amount) known to the persons signing such certificate, which is then due for labor, wages, materials, supplies or services in connection with such work which, if unpaid, might immediately become the basis of a vendor's, mechanic's, laborer's or material man's statutory or similar lien upon such work or upon the land and building or any part thereof or upon Tenant's leasehold interest.

Landlord’s Contribution. A. In consideration of Tenant performing all of the work (other than Landlord's Work pursuant to Article 52) necessary for its occupancy of the Demised Premises and for Tenant completing such work therein, Landlord agrees that if Tenant shall have submitted to Landlord Section 30.1 (a) a detailed itemization of the leasehold improvements installed and completed by Tenant in the Demised Premises, i.e., exclusive of soft costs except as hereinafter provided, (b) together with receipted paid bills therefor, (c) partial and final lien waivers to the effect that there has not been filed with respect to the Building and/or the Demised Premises or any part thereof or upon Tenant's leasehold interest therein any vendor's, mechanic's, laborer's, materialman's or other lien which has not been discharged of record, Landlord shall reimburse or cause to be reimbursed to Tenant an amount equal to the lesser of contribute Four Million Seven Hundred Sixteen Thousand and 00/100 Dollars (i$4,716,000.00) (“Landlord’s Contribution”) toward the actual cost of the leasehold improvements performed Initial Alterations (including carpeting, wall covering, fixtures, telephone and completed by Tenant computer installations, and “soft costs” incurred in the Demised Premises or (ii) ONE HUNDRED SEVENTY-TWO THOUSAND ONE HUNDRED TWENTY AND 00/100 ($172,120.00) DOLLARSconnection with such alterations, representing "Landlord's Contribution" to including architectural and engineering fees, provided that such work it being understood and agreed that Landlord's Contribution “soft costs” shall not exceed ten percent (10%) of Landlord’s Contribution); provided, however, that this Lease shall be in full force and effect and no Event of Default shall have occurred and be continuing hereunder; provided, further, that if Tenant duly cures such Event of Default prior to the sum termination of ONE HUNDRED SEVENTY-TWO THOUSAND ONE HUNDRED TWENTY AND 00/100 (this Lease, Tenant’s entitlement to Landlord’s Contribution shall be reinstated. Tenant acknowledges and agrees that $172,120.00) DOLLARS 923,000.00 of the Landlord’s Contribution is allocated to the purchase and that installation of Tenant’s HVAC System, and $250,000.00 of the Landlord’s Contribution is allocated to the CO Lavatory Work. Tenant may spend more than $923,000.00 of the Landlord’s Contribution for the purchase and installation of Tenant’s HVAC System, and more than $250,000.00 of the Landlord’s Contribution for the CO Lavatory Work, but if Tenant spends less than $923,000.00 of the Landlord’s Contribution for the purchase and installation of Tenant’s HVAC System, and Tenant does not install a complete and functional HVAC system servicing all costs and expenses in excess portions of the Premises, then the balance of said sum $923,000.00 may not be used for any other portion of the Initial Alterations, and the Landlord’s Contribution shall be borne solely reduced by such balance, and if Tenant spends less than $250,000.00 of the Landlord’s Contribution for the CO Lavatory Work, and Tenant does not Substantially Complete the CO Lavatory Work, then the balance of said $250,000.00 may not be used for any other portion of the Initial Alterations, and the Landlord’s Contribution shall be reduced by such balance. Accordingly, if Tenant spends less than $923,000.00 of the Landlord’s Contribution for the purchase and installation of Tenant’s HVAC System, but Tenant installs a complete and functional HVAC system servicing all portions of the Premises, then the balance of said $923,000.00 may be used for any other portion of the Initial Alterations, and if Tenant spends less than $250,000.00 of the Landlord’s Contribution for the CO Lavatory Work, but Tenant Substantially Completes the CO Lavatory Work, then the balance of said $250,000.00 may be used for any other portion of the Initial Alterations.