Landlord's Maximum Contribution. Landlord's Maximum Contribution shall mean an amount up to a maximum of Ninety-six Thousand One Hundred and Fourteen Dollars ($96,114.00) to reimburse Tenant for the actual costs of design, plan review, obtaining all approvals and permits, and construction of such Alterations (i) for the Premises, and/or (ii) for Alterations to Tenant's "Building 2 Space", at 000 Xxxxxxxxx Xxxxx, Xxxxxxx Xxxx, Xxxxxxxxxx, as defined and provided in that certain amendment of that certain Related Lease (as defined in the Original Lease) being executed concurrently herewith ("Related Amendment"), except for the additional amount of Landlord's Maximum Contribution provided in the Related Amendment. In no event shall the Landlord's Maximum Contribution be used to reimburse any costs of designing, procuring or installing in the Premises any trade fixtures, movable equipment, furniture, furnishings, telephone equipment, cabling for any of the foregoing, or other personal property (collectively "Personal Property" for purposes of this Rider) to be used in the Premises by Tenant, and the cost of such Personal Property shall be paid by Tenant. Landlord's Maximum Contribution pursuant to this Amendment and that payable under the Related Amendment shall together be payable by Landlord to Tenant no more often than three times and no more often than one application every thirty (30) days, and otherwise follows: (a) for costs based upon the percentage of work completed prior to the date of application; and (b) in each case, any amount so payable shall be paid within 30 days after Landlord's receipt of Tenant's complete application for payment, which application shall include reasonable substantiation of costs incurred by Tenant, conditional lien releases to the extent of work completed, and full, final and unconditional lien releases upon completion of all Alterations (or, if the work is done under separate contracts or in smaller separate identifiable segments or phases, then upon completion of and with respect to each separate contract or phase). Tenant shall keep full and correct accounts and shall exercise such control as may be necessary or appropriate for the proper financial management of the construction of the Alterations separately identified as to each of the Premises and the Building 2 Space and, if the work is done under separate contracts or in smaller separate identifiable segments or phases, then with respect to each separate contract or phase. Provided further, Tenant must prior to October 1, 1999 submit all written applications with the items required above for disbursement or reimbursement for any reimbursable costs out of the Landlord's Maximum Contribution, and to the extent of any funds for which application has not been made prior to that date or if and to the extent that the reimbursable costs of the Tenant Work are less than the amount of Landlord's Maximum Contribution, then Landlord shall retain the unapplied or unused balance of the Landlord's Maximum Contribution and shall have no obligation or liability to Tenant with respect to such excess.
Appears in 1 contract
Samples: Office Lease (Cygnus Inc /De/)
Landlord's Maximum Contribution. Landlord's Maximum Contribution shall mean an amount up to a maximum of Ninety-six Thousand One Hundred and Fourteen Thirteen Thousand Five Hundred and Sixty-eight Dollars ($96,114.00113,568.00) to reimburse Tenant for the actual costs of design, plan review, obtaining all approvals and permits, and construction of such Alterations (i) for the Premises, and/or (ii) for Alterations to Tenant's "Building 2 8 Space", at 000 Xxxxxxxxx XxxxxXxxxxx, Xxxxxxx Xxxx, Xxxxxxxxxx, or "Building 3 Space" at 000 Xxxxxxxxxx Xxxxxx, Xxxxxxx Xxxx, Xxxxxxxxxx as both are defined and provided for in that certain third amendment of that certain Related Lease (as defined in the Original Lease) being executed concurrently herewith ("Related Amendment"), except for the additional amount of Landlord's Maximum Contribution provided in the Related Amendment. In no event shall the Landlord's Maximum Contribution be used to reimburse any costs of designing, procuring or installing in the Premises any trade fixtures, movable equipment, furniture, furnishings, telephone equipment, cabling for any of the foregoing, or other personal property (collectively "Personal Property" for purposes of this Rider) to be used in the Premises by Tenant, and the cost of such Personal Property shall be paid by Tenant. Landlord's Maximum Contribution pursuant to this Amendment and that payable under the Related Amendment shall together be payable by Landlord to Tenant no more often than three times and no more often than one application every thirty (30) days, and otherwise follows: (a) for costs based upon the percentage of work completed prior to the date of application; and (b) in each case, any amount so payable shall be paid within 30 days after Landlord's receipt of Tenant's complete application for payment, which application shall include reasonable substantiation of costs incurred by Tenant, conditional lien releases to the extent of work completed, and full, final and unconditional lien releases upon completion of all Alterations (or, if the work is done under separate contracts or in smaller separate identifiable segments or phases, then upon completion of and with respect to each separate contract or phase). Tenant shall keep full and correct accounts and shall exercise such control as may be necessary or appropriate for the proper financial management of the construction of the Alterations separately identified as to each of the Premises Premises, the Building 8 Space and the Building 2 3 Space and, if the work is done under separate contracts or in smaller separate identifiable segments or phases, then with respect to each separate contract or phase. Provided further, Tenant must prior to October 1, 1999 submit all written applications with the items required above for disbursement or reimbursement for any reimbursable costs out costsout of the Landlord's Maximum Contribution, and to the extent of any funds for which application has not been made prior to that date or if and to the extent that the reimbursable costs of the Tenant Work are less than the amount of Landlord's Maximum Contribution, then Landlord shall retain the unapplied or unused balance of the Landlord's Maximum Contribution and shall have no obligation or liability to Tenant with respect to such excess.
Appears in 1 contract
Samples: Office Lease (Cygnus Inc /De/)
Landlord's Maximum Contribution. Amount; Reimbursable Costs & Payment. --------------------------------------------------------------------- Landlord's Maximum Contribution shall mean an means the amount up to a maximum of Ninety-six Thousand One Hundred and Fourteen Dollars ($96,114.00) or amounts, as applicable, described below to reimburse Tenant for the actual costs of design, engineering, plan review, obtaining all approvals and permits, and construction of such Alterations Tenant Work respectively in each of the Saginaw Space and Penobscot Space, and shall be payable as provided below: (ia) up to a maximum of Two Hundred and Nine Thousand, Four Hundred and Forty-seven Dollars ($209,447.00) only for the Premises, and/or (ii) for Alterations to Tenant's "Building 2 Space", at 000 Xxxxxxxxx Xxxxx, Xxxxxxx Xxxx, Xxxxxxxxxx, as defined and provided in that certain amendment of that certain Related Lease (as defined Tenant Work in the Original LeaseSaginaw Space, and (b) being executed concurrently herewith up to a maximum of Ninety-two Thousand Five Hundred and Sixty Dollars ("Related Amendment")$92,560.00) only for Tenant Work in the Penobscot Space, except for and if Landlord does not deliver the additional amount Penobscot Space and it does not become part of the Premises as described above, then Tenant has no right or claim with respect to this Penobscot Space portion of the Landlord's Maximum Contribution provided in the Related AmendmentContribution. In no event shall the Landlord's Maximum Contribution be used to reimburse any costs of designing, procuring or installing in the Premises any trade fixtures, movable equipment, furniture, furnishings, telephone equipment, cabling for any of the foregoing, or other personal property (collectively "Personal Property" for purposes of this Rider) to be used in the Premises by Tenant), and the cost of such Personal Property shall be paid by Tenant. Landlord's Maximum Contribution pursuant to this Amendment and that payable under the Related Amendment shall together be payable by Landlord to Tenant no more often than three times and no more often than one application every thirty (30) days, and otherwise follows: (a) for costs based upon the percentage of work completed prior to the date of application; and (b) in each case, any amount so payable shall be paid to Tenant within 30 days after the later of final completion of the Tenant Work in the respective Saginaw Space or Penobscot Space and Landlord's receipt of Tenant's complete application for payment(i) a certificate of occupancy (if applicable), which application shall include (ii) final as-built plans and specifications, including as-built mylar and digitzied (if available) sets of plans and specifications, (iii) full, final, unconditional lien releases, and (iv) reasonable substantiation of costs incurred by Tenant, conditional lien releases to the extent of work completed, and full, final and unconditional lien releases upon completion of all Alterations (or, if the work is done under separate contracts or in smaller separate identifiable segments or phases, then upon completion of and Tenant with respect to each separate contract or phase)such Tenant Work. Tenant shall keep full and correct accounts and shall exercise such control as may be necessary or appropriate for the proper financial management of the construction of the Alterations separately identified as to each of the Premises and the Building 2 Space and, if the work is done under separate contracts or in smaller separate identifiable segments or phases, then with respect to each separate contract or phase. Provided further, Tenant must prior to October 1, 1999 expiration of nine (9) months after the Commencement Date of the respective space submit all written applications application with the items required above for disbursement or reimbursement for any reimbursable costs out of the Landlord's Maximum Contribution, and to the extent of any funds for which application has not been made prior to that date or if and to the extent that the reimbursable costs of the Tenant Work in the respective space are less than the amount of Landlord's Maximum ContributionContribution for such space, then Landlord shall retain the unapplied or unused balance of the Landlord's Maximum Contribution for such space and shall have no obligation or liability to Tenant with respect to such excess.
Appears in 1 contract
Samples: Attornment Agreement (Phone Com Inc)
Landlord's Maximum Contribution. AMOUNT; REIMBURSABLE COSTS & PAYMENT. Landlord's Maximum Contribution shall mean means an amount up to a maximum of Ninety-six Fifty Thousand One Nine Hundred and Fourteen Forty-seven Dollars ($96,114.0050,947.00) to reimburse Tenant for the actual costs of design, plan review, obtaining all approvals and permits, and construction of such Alterations Tenant Work either (i) for in the Premises, Premises and/or (ii) for Alterations to Tenant's "Building 2 Space", at 000 Xxxxxxxxx Xxxxx, Xxxxxxx Xxxx, Xxxxxxxxxx, as in Expansion Space A (defined and provided in that certain amendment of that certain Related Lease (as defined in the Original Lease) being executed concurrently herewith ("Related Amendment"below), except for the additional amount of Landlord's Maximum Contribution which shall be payable as provided in the Related Amendmentbelow. In no event shall the Landlord's Maximum Contribution be used to reimburse any costs of designing, procuring or installing in the Premises or in Expansion Space A any trade fixtures, movable equipment, furniture, furnishings, telephone equipment, cabling for any of the foregoing, or other personal property (collectively "Personal Property" for purposes of this Rider) to be used in the Premises by Tenant), and the cost of such Personal Property shall be paid by Tenant. Landlord's Maximum Contribution pursuant to this Amendment and that payable under the Related Amendment shall together be payable by Landlord to Tenant no more often than three times and no more often than one application every thirty (30) days, and otherwise follows: (a) for costs based upon the percentage of work completed prior to the date of application; and (b) in each case, any amount so payable shall be paid to Tenant within 30 days after the later of final completion of the Tenant Work in the respective space in which such work is done, and Landlord's receipt of Tenant's complete application for payment(i) a certificate of occupancy (if applicable), which application shall include (ii) final as-built plans and specifications, (iii) full, final, unconditional lien releases, and (iv) reasonable substantiation of costs incurred by Tenant, conditional lien releases to the extent of work completed, and full, final and unconditional lien releases upon completion of all Alterations (or, if the work is done under separate contracts or in smaller separate identifiable segments or phases, then upon completion of and Tenant with respect to each separate contract or phase). the Tenant shall keep full and correct accounts and shall exercise Work in the respective space in which such control as may be necessary or appropriate for the proper financial management of the construction of the Alterations separately identified as to each of the Premises and the Building 2 Space and, if the work is done under separate contracts or in smaller separate identifiable segments or phases, then with respect to each separate contract or phasedone. Provided further, Tenant must prior to October 1, 1999 expiration of six months after the SACD (defined below) or Tenant's termination pursuant to Section 3(d) below of its obligation to lease Expansion Space A submit all written applications application with the items required above for disbursement or reimbursement for any reimbursable costs out of the Landlord's Maximum Contribution, and to the extent of any funds for which application has not been made prior to that date or if and to the extent that the reimbursable costs of the Tenant Work are less than the amount of Landlord's Maximum Contribution, then Landlord shall retain the unapplied or unused balance of the Landlord's Maximum Contribution and shall have no obligation or liability to Tenant with respect to such excess.
Appears in 1 contract
Landlord's Maximum Contribution. AMOUNT; REIMBURSABLE COSTS & PAYMENT. Landlord's Maximum Contribution shall mean means an amount up to a maximum of NinetySeventy-six two Thousand One Two Hundred and Fourteen Forty Dollars ($96,114.0072,240.00) to reimburse Tenant for the actual costs of design, engineering, plan review, obtaining all approvals and permits, and construction of such Alterations (i) for Tenant Work in the Premises, and/or (ii) for Alterations to Tenant's "Building 2 Space", at 000 Xxxxxxxxx Xxxxx, Xxxxxxx Xxxx, Xxxxxxxxxx, and shall be payable as defined and provided in that certain amendment of that certain Related Lease (as defined in the Original Lease) being executed concurrently herewith ("Related Amendment"), except for the additional amount of below. Landlord's Maximum Contribution provided may not be used to reimburse or pay soft costs ("Soft Costs") associated with the Tenant Work, including costs for design, plans, and obtaining approvals or permits for the real property improvements which constitute the Tenant Work except up to a maximum of Twenty Thousand Six Hundred and Forty Dollars ($20,640.00) ("Soft Costs Maximum") and except for any additional amount in payment of the Related AmendmentConstruction Monitoring Fee. In no event shall the Landlord's Maximum Contribution be used to reimburse any costs of designing, procuring or installing in the Premises any trade fixtures, signage, movable equipment, furniture, furnishings, telephone equipment, cabling for any of the foregoing, or other personal property (collectively "Personal Property" for purposes of this Rider) to be used in the Premises by Tenant), and the cost of such Personal Property shall be paid by Tenant. Landlord's Maximum Contribution pursuant to this Amendment and that payable under the Related Amendment shall together be payable by Landlord to Tenant no more often than three times and no more often than one application every thirty (30) days, and otherwise follows: (a) for costs based upon the percentage of work completed prior to the date of application; and (b) in each case, any amount so payable shall be paid to Tenant within 30 days after the later of final completion of the Tenant Work and Landlord's receipt of Tenant's complete application for payment(i) a certificate of occupancy (if applicable), which application shall include (ii) final as-built plans and specifications, (iii) full, final, unconditional lien releases, and (iv) reasonable substantiation of costs incurred by Tenant, conditional lien releases to the extent of work completed, and full, final and unconditional lien releases upon completion of all Alterations (or, if the work is done under separate contracts or in smaller separate identifiable segments or phases, then upon completion of and with respect to each separate contract or phase). Tenant shall keep full and correct accounts and shall exercise such control as may be necessary or appropriate for the proper financial management of the construction of the Alterations separately identified as to each of the Premises and the Building 2 Space and, if the work is done under separate contracts or in smaller separate identifiable segments or phases, then with respect to each separate contract or phase. Provided further, Tenant must prior to October 1, 1999 submit all written applications with the items required above for disbursement or reimbursement for any reimbursable costs out of the Landlord's Maximum Contribution, and to the extent of any funds for which application has not been made prior to that date or if and to the extent that the reimbursable costs of the Tenant Work are less than the amount of Landlord's Maximum Contribution, then Landlord shall retain the unapplied or unused balance of the Landlord's Maximum Contribution and shall have no obligation or liability to Tenant with respect to such excessthe Tenant Work.
Appears in 1 contract
Landlord's Maximum Contribution. Amount; Reimbursable Costs & Payment. --------------------------------------------------------------------- Landlord's Maximum Contribution shall mean means an amount up to a maximum of Ninety-six three Thousand One Four Hundred and Fourteen Ninety-eight Dollars ($96,114.0093,498.00) to reimburse Tenant for the actual costs of design, plan review, obtaining all approvals and permits, and construction of such Alterations (i) for Tenant Work in the Premises, and/or (ii) for Alterations to Tenant's "Building 2 Space", at 000 Xxxxxxxxx Xxxxx, Xxxxxxx Xxxx, Xxxxxxxxxx, and shall be payable as defined and provided in that certain amendment of that certain Related Lease (as defined in the Original Lease) being executed concurrently herewith ("Related Amendment"), except for the additional amount of Landlord's Maximum Contribution provided in the Related Amendmentbelow. In no event shall the Landlord's Maximum Contribution be used to reimburse any costs of designing, procuring or installing in the Premises any trade fixtures, movable equipment, furniture, furnishings, telephone equipment, cabling for any of the foregoing, or other personal property (collectively "Personal Property" for purposes of this Rider) to be used in the Premises by Tenant), and the cost of such Personal Property shall be paid by Tenant. Landlord's Maximum Contribution pursuant to this Amendment and that payable under the Related Amendment shall together be payable by Landlord to Tenant no more often than three times and no more often than one application every thirty (30) days, and otherwise follows: (a) for costs based upon the percentage of work completed prior to the date of application; and (b) in each case, any amount so payable shall be paid to Tenant within 30 days after the later of final completion of the Tenant Work and Landlord's receipt of Tenant's complete application for payment(i) a certificate of occupancy (if applicable), which application shall include (ii) final as-built plans and specifications, (iii) full, final, unconditional lien releases, and (iv) reasonable substantiation of costs incurred by Tenant, conditional lien releases to the extent of work completed, and full, final and unconditional lien releases upon completion of all Alterations (or, if the work is done under separate contracts or in smaller separate identifiable segments or phases, then upon completion of and Tenant with respect to each separate contract or phase)the Tenant Work. Tenant shall keep full and correct accounts and shall exercise such control as may be necessary or appropriate for the proper financial management of the construction of the Alterations separately identified as to each of the Premises and the Building 2 Space and, if the work is done under separate contracts or in smaller separate identifiable segments or phases, then with respect to each separate contract or phase. Provided further, Tenant must prior to October 1, 1999 expiration of six months after the Commencement Date submit all written applications application with the items required above for disbursement or reimbursement for any reimbursable costs out of the Landlord's Maximum Contribution, and to the extent of any funds for which application has not been made prior to that date or if and to the extent that the reimbursable costs of the Tenant Work are less than the amount of Landlord's Maximum Contribution, then Landlord shall retain the unapplied or unused balance of the Landlord's Maximum Contribution and shall have no obligation or liability to Tenant with respect to such excess.
Appears in 1 contract
Samples: Lease (Maxygen Inc)
Landlord's Maximum Contribution. Amount; Reimbursable Costs & -------------------------------------------------------------- Payment. Landlord's Maximum Contribution shall mean an means the amount up to a maximum of Ninety-six Thousand One Hundred and Fourteen Dollars ($96,114.00) or amounts, as ------- applicable, described below to reimburse Tenant for the actual costs of design, engineering, plan review, obtaining all approvals and permits, and construction of such Alterations Tenant Work respectively in each of the 301 Chesapeake Space and 575 Chesapeake Space, and shall be payable as provided below: (ia) up to a maximum of One Hundred and Fifty-two Thousand Six Hundred and Forty Dollars ($152,640.00) only for the Premises, and/or (ii) for Alterations to Tenant's "Building 2 Space", at 000 Xxxxxxxxx Xxxxx, Xxxxxxx Xxxx, Xxxxxxxxxx, as defined and provided in that certain amendment of that certain Related Lease (as defined Tenant Work in the Original Lease301 Chesapeake Space, and (b) being executed concurrently herewith up to a maximum of Fifty-eight Thousand Eight Hundred and Eighty Dollars ("Related Amendment"), except $58,880.00) only for the additional amount of Landlord's Maximum Contribution provided Tenant Work in the Related Amendment575 Chesapeake Space. In no event shall the Landlord's Maximum Contribution be used to reimburse any costs of designing, procuring or installing in the Premises any trade fixtures, movable equipment, furniture, furnishings, telephone equipment, cabling for any of the foregoing, or other personal property (collectively "Personal Property" for purposes of this Rider) to be used in the Premises by Tenant), and the cost of such Personal Property shall be paid by Tenant. With respect to each of the 301 Chesapeake Space and the 575 Chesapeake Space, Landlord's Maximum Contribution pursuant to this Amendment and that payable under the Related Amendment shall together be payable by Landlord to Tenant no more often than three times and no more often than one application every thirty (30) days, and otherwise follows: (a) for costs based upon the percentage of work completed prior to the date of application; and (b) in each case, any amount so payable shall be paid to Tenant within 30 days after the later of final completion of the Tenant Work in the respective space and Landlord's receipt with respect to such space of Tenant's complete application for payment(i) a certificate of occupancy (if applicable), which application shall include (ii) final as-built plans and specifications, (iii) full, final, unconditional lien releases, and (iv) reasonable substantiation of costs incurred by Tenant, conditional lien releases to the extent of work completed, and full, final and unconditional lien releases upon completion of all Alterations (or, if the work is done under separate contracts or in smaller separate identifiable segments or phases, then upon completion of and Tenant with respect to each separate contract or phase)the Tenant Work. If Tenant shall keep full and correct accounts and shall exercise such control as does not fully use all the funds allocable to one of the spaces, it may be necessary or appropriate for used in the proper financial management of the construction of the Alterations separately identified as to each of the Premises and the Building 2 Space andother. Provided, if the work is done under separate contracts or in smaller separate identifiable segments or phases, then with respect to each separate contract or phase. Provided furtherhowever, Tenant must prior to October December 1, 1999 2000 submit all written applications application with the items required above for disbursement or reimbursement for any reimbursable costs out of the Landlord's Maximum Contribution, and to the extent of any funds for which application has not been made prior to that date or if and to the extent that the reimbursable costs of the Tenant Work are less than the amount of Landlord's Maximum Contribution, then Landlord shall retain the unapplied or unused balance of the Landlord's Maximum Contribution and shall have no obligation or liability to Tenant with respect to such excess.
Appears in 1 contract
Samples: Lease (Clarent Corp/Ca)