LANDLORD'S MAXIMUM CONTRIBUTION. Amount; Reimbursable Costs & Payment. --------------------------------------------------------------------- Landlord's Maximum Contribution means an amount up to a maximum of Ninety-three Thousand Four Hundred and Ninety-eight Dollars ($93,498.00) to reimburse Tenant for the actual costs of design, plan review, obtaining all approvals and permits, and construction of Tenant Work in the Premises, and shall be payable as provided below. 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), and the cost of such Personal Property shall be paid by Tenant. Landlord's Maximum Contribution shall be paid to Tenant within 30 days after the later of final completion of the Tenant Work and Landlord's receipt of (i) a certificate of occupancy (if applicable), (ii) final as-built plans and specifications, (iii) full, final, unconditional lien releases, and (iv) reasonable substantiation of costs incurred by Tenant with respect to the Tenant Work. Tenant must prior to expiration of six months after the Commencement Date submit written 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 means an the amount up to a maximum of Ninety-three Thousand Four Hundred and Ninety-eight Dollars ($93,498.00) 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 Tenant Work respectively in each of the PremisesSaginaw Space and Penobscot Space, and shall be payable as provided below: (a) up to a maximum of Two Hundred and Nine Thousand, Four Hundred and Forty-seven Dollars ($209,447.00) only for Tenant Work in the Saginaw Space, and (b) up to a maximum of Ninety-two Thousand Five Hundred and Sixty Dollars ($92,560.00) only for Tenant Work in the Penobscot Space, and if Landlord does not deliver the 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. 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), and the cost of such Personal Property shall be paid by Tenant. Landlord's Maximum Contribution 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 (i) a certificate of occupancy (if applicable), (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 with respect to the such Tenant Work. Tenant must prior to expiration of six nine (9) months after the Commencement Date of the respective space submit written 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: Lease Agreement (Phone Com Inc)
LANDLORD'S MAXIMUM CONTRIBUTION. Amount; Reimbursable Costs & -------------------------------------------------------------- Payment. --------------------------------------------------------------------- Landlord's Maximum Contribution means an the amount up to a maximum of Ninety-three Thousand Four Hundred and Ninety-eight Dollars ($93,498.00) 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 Tenant Work respectively in each of the Premises301 Chesapeake Space and 575 Chesapeake Space, and shall be payable as provided below: (a) up to a maximum of One Hundred and Fifty-two Thousand Six Hundred and Forty Dollars ($152,640.00) only for Tenant Work in the 301 Chesapeake Space, and (b) up to a maximum of Fifty-eight Thousand Eight Hundred and Eighty Dollars ($58,880.00) only for Tenant Work in the 575 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), 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 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 (i) a certificate of occupancy (if applicable), (ii) final as-built plans and specifications, (iii) full, final, unconditional lien releases, and (iv) reasonable substantiation of costs incurred by Tenant with respect to the Tenant Work. If Tenant does not fully use all the funds allocable to one of the spaces, it may be used in the other. Provided, however, Tenant must prior to expiration of six months after the Commencement Date December 1, 2000 submit written 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 Agreement (Clarent Corp/Ca)
LANDLORD'S MAXIMUM CONTRIBUTION. AmountAMOUNT; Reimbursable Costs REIMBURSABLE COSTS & PaymentPAYMENT. --------------------------------------------------------------------- Landlord's Maximum Contribution means an amount up to a maximum of NinetySeventy-three two Thousand Four Two Hundred and Ninety-eight Forty Dollars ($93,498.0072,240.00) to reimburse Tenant for the actual costs of design, engineering, plan review, obtaining all approvals and permits, and construction of Tenant Work in the Premises, and shall be payable as provided below. Landlord's Maximum Contribution 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 Construction 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), and the cost of such Personal Property shall be paid by Tenant. Landlord's Maximum Contribution shall be paid to Tenant within 30 days after the later of final completion of the Tenant Work and Landlord's receipt of (i) a certificate of occupancy (if applicable), (ii) final as-built plans and specifications, (iii) full, final, unconditional lien releases, and (iv) reasonable substantiation of costs incurred by Tenant with respect to the Tenant Work. Tenant must prior to expiration of six months after the Commencement Date submit written 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 means shall mean an amount up to a maximum of Ninety-three six Thousand Four One Hundred and Ninety-eight Fourteen Dollars ($93,498.0096,114.00) to reimburse Tenant for the actual costs of design, plan review, obtaining all approvals and permits, and construction of Tenant Work in 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 shall be payable 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 belowin 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 to Tenant within 30 days after the later of final completion of the Tenant Work and Landlord's receipt of (i) a certificate of occupancy (if applicable)Tenant's complete application for payment, (ii) final as-built plans and specifications, (iii) full, final, unconditional lien releases, and (iv) which application shall include reasonable substantiation of costs incurred by Tenant 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 Tenant Workproper 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 expiration of six months after the Commencement Date October 1, 1999 submit all written application 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
LANDLORD'S MAXIMUM CONTRIBUTION. AmountAMOUNT; Reimbursable Costs REIMBURSABLE COSTS & PaymentPAYMENT. --------------------------------------------------------------------- Landlord's Maximum Contribution means an amount up to a maximum of Ninety-three Fifty Thousand Four Nine Hundred and NinetyForty-eight seven Dollars ($93,498.0050,947.00) to reimburse Tenant for the actual costs of design, plan review, obtaining all approvals and permits, and construction of Tenant Work either (i) in the PremisesPremises and/or (ii) in Expansion Space A (defined below), and which shall be payable as provided below. 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), and the cost of such Personal Property shall be paid by Tenant. Landlord's Maximum Contribution 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 (i) a certificate of occupancy (if applicable), (ii) final as-built plans and specifications, (iii) full, final, unconditional lien releases, and (iv) reasonable substantiation of costs incurred by Tenant with respect to the Tenant WorkWork in the respective space in which such work is done. Tenant must prior to expiration of six months after the Commencement Date SACD (defined below) or Tenant's termination pursuant to Section 3(d) below of its obligation to lease Expansion Space A submit written 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.
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Samples: Lease Agreement (Netobjects Inc)
LANDLORD'S MAXIMUM CONTRIBUTION. Amount; Reimbursable Costs & Payment. --------------------------------------------------------------------- Landlord's Maximum Contribution means shall mean an amount up to a maximum of Ninety-three Thousand Four One Hundred and NinetyThirteen Thousand Five Hundred and Sixty-eight Dollars ($93,498.00113,568.00) to reimburse Tenant for the actual costs of design, plan review, obtaining all approvals and permits, and construction of Tenant Work in such Alterations (i) for the Premises, and/or (ii) for Alterations to Tenant's "Building 8 Space", at 000 Xxxxxxxxx Xxxxxx, Xxxxxxx Xxxx, Xxxxxxxxxx, or "Building 3 Space" at 000 Xxxxxxxxxx Xxxxxx, Xxxxxxx Xxxx, Xxxxxxxxxx as both are defined and shall be payable provided for in that certain third amendment of that certain Related Lease (as defined in the Lease) being executed concurrently herewith ("Related Amendment"), except for the additional amount of Landlord's Maximum Contribution provided belowin 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 to Tenant within 30 days after the later of final completion of the Tenant Work and Landlord's receipt of (i) a certificate of occupancy (if applicable)Tenant's complete application for payment, (ii) final as-built plans and specifications, (iii) full, final, unconditional lien releases, and (iv) which application shall include reasonable substantiation of costs incurred by Tenant 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 Tenant Workproper financial management of the construction of the Alterations separately identified as to each of the Premises, the Building 8 Space and the Building 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 expiration of six months after the Commencement Date October 1, 1999 submit all written application 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