Common use of Over-Allowance Amount Clause in Contracts

Over-Allowance Amount. On the Cost Proposal Delivery Date, Landlord shall identify the amount (the "Over-Allowance Amount") equal to the difference between (i) the amount of the Cost Proposal and (ii) the amount of the Improvement Allowance. Subject to the terms of Section 2.3 of this Work Letter Agreement, the Over-Allowance Amount shall be delivered from Tenant to Landlord (on a pro-rata basis, based upon the percentage of the Tenant Improvements completed) within fifteen (15) days of Tenant's receipt of an invoice for such portion of the Over-Allowance Amount. In the event that, after the Cost Proposal Delivery Date, any revisions, changes, or substitutions shall be made to the Construction Drawings or the Improvements as the result of (i) a ratified Tenant Change, or (ii) a change requested by Landlord and reasonably approved by Tenant, then, subject to the terms of Section 2.3 of this Work Letter Agreement, any additional costs which arise in connection with such revisions, changes or substitutions or any other additional costs shall be paid by Tenant to Landlord immediately upon Landlord's request as an addition to the Over-Allowance Amount. Subject to the terms of Section 2.3 of this Work Letter Agreement, in the event that Tenant fails to deliver the Over-Allowance Amount as provided in this Section 4.3.1, then Landlord may, at its option, cease work in the Premises until such time as Landlord receives payment of the Over-Allowance Amount (and such failure to deliver shall be treated as a Tenant delay in accordance with the terms of Section 5.2 below).

Over-Allowance Amount. On the Cost Proposal Delivery Date, Landlord shall identify the The amount (the "Over-Allowance Amount") that is equal to the difference between (i) the amount of the Cost Proposal and (ii) the amount of the Improvement AllowanceTI Allowance (less any portion thereof already disbursed by Landlord, or in the process of being disbursed by Landlord, on or before the Cost Proposal Delivery Date that is not otherwise included within the Cost Proposal) shall be referred to herein as the "Over-Allowance Amount." Tenant shall pay to Landlord (a) one-half (1/2) of such Over-Allowance Amount no later than ten (10) days after the Cost Proposal Delivery Date and (b) the other one-half (1/2) of such Over-Allowance Amount within ten (10) days after Landlord gives Tenant written notice that the construction of the Tenant Improvements is completed. Subject to the terms of Section 2.3 of this Work Letter Agreement, the The Over-Allowance Amount shall be delivered from Tenant disbursed by Landlord prior to Landlord (on a pro-rata basis, based upon the percentage disbursement of the Tenant Improvements completed) within fifteen (15) days of Tenant's receipt of an invoice for such any then remaining portion of the Over-Allowance AmountTI Allowance, and such disbursement shall be pursuant to the same procedure as the TI Allowance. In the event that, that after the Cost Proposal Delivery Date, any revisions, changes, or substitutions shall be made to the Construction Drawings or the Improvements as the result of (i) a ratified Tenant Change, or (ii) a change requested by Landlord and reasonably approved by Tenant, then, subject to the terms of Section 2.3 of this Work Letter AgreementImprovements, any additional costs which arise in connection with such revisions, changes or substitutions or any other additional costs shall be paid by Tenant to Landlord immediately upon Landlord's request as an addition to the Over-Allowance AmountAmount as follows: (1) one-half (1/2) of such additional amount within five (5) days after Landlord's invoice therefor and (2) the remaining one-half (1/2) of such additional amount within five (5) days following Tenant's receipt of Landlord's written notice that the work to which the change order applies is complete. Subject to In addition, upon Landlord's determination of the terms actual costs incurred by or on behalf of Section 2.3 Landlord for the TI Allowance Items, Tenant shall pay Landlord the amount, if any, by which such actual costs exceed the sum of this Work Letter Agreement, in the event that Tenant fails to deliver TI Allowance and the Over-Allowance Amount as provided in this Section 4.3.1within fifteen (15) days after being billed therefor, then or Landlord may, at its optionelection, cease work in require that Tenant deposit with Landlord the Premises until full amount of such time as Landlord receives payment excess prior to Landlord's delivery of the Over-Expansion Space to Tenant. No portion of the TI Allowance Amount (and such failure to deliver shall be treated as a used to pay Tenant delay or Tenant's agents, contractors or employees, unless and until Landlord's contractors and any other persons and entities employed by or under contract with Landlord have been paid in accordance with the terms of Section 5.2 below)full.

Over-Allowance Amount. On the Cost Proposal Delivery Date, Landlord shall identify the amount (the "After Tenant has approved any Over-Allowance Amount") Amount pursuant to Section 3.1 above, Tenant shall pay to Landlord the Over-Allowance Amount in equal to monthly installments in advance over the difference between (i) the amount projected 4-month period of Landlord's construction of the Cost Proposal Tenant Improvements, with the first installment payable prior to and (ii) the amount as a condition of Landlord's obligation to commence construction of the Improvement AllowanceTenant Improvements. Subject to the terms of Section 2.3 of this Work Letter Agreement, the The Over-Allowance Amount shall be delivered from disbursed by Landlord pursuant to the same procedure as the Tenant to Landlord Improvement Allowance, which procedure shall provide for the retention of ten (on a pro-rata basis, based upon 10%) of all construction funds until the percentage construction of the Tenant Improvements has been completed) within fifteen (15) days of Tenant's receipt of an invoice for such portion of the Over-Allowance Amount. In the event that, after the Cost Proposal Delivery Dateis prepared, any revisions, changes, or substitutions shall be made to the Construction Drawings Approved Tenant Improvement Plans or the Tenant Improvements as pursuant to Tenant's Change Order request, and provided that Landlord has approved the result of (i) a ratified Tenant Change, or (ii) a change requested by Landlord and reasonably approved by Tenant, then, subject to the terms of Section 2.3 of this Work Letter Agreementsame, any additional costs which arise in connection with such revisions, changes or substitutions or any other additional costs shall be paid by Tenant to Landlord immediately upon Landlord's request in advance equal monthly installments over the construction period remaining as an addition to the Over-Allowance Amount. Subject to the terms of Section 2.3 of this Work Letter Agreement, in the event that Tenant fails to deliver the Over-Allowance Amount as provided in this Section 4.3.1, then Landlord may, at its option, cease work in the Premises until such time as Landlord receives payment of the Over-Allowance Amount (and such failure to deliver shall be treated as a Tenant delay in accordance with the terms of Section 5.2 below).

Over-Allowance Amount. On the Cost Proposal Delivery Date, Landlord Tenant shall identify the estimated amount (the "“Over-Allowance Amount"”) equal to the difference between (i) the amount of the Cost Proposal and (ii) the amount of the Tenant Improvement Allowance. Subject to the terms of Section 2.3 of this Work Letter AgreementTenant shall pay, the Over-Allowance Amount shall be delivered from Tenant to Landlord (on a pro-rata monthly basis, based upon the percentage of the Tenant Improvements completed) within fifteen (15) days after written notice from Landlord, a percentage of Tenant's receipt of an invoice for such portion each amount disbursed by Landlord to the Contractor or otherwise disbursed under this Tenant Work Letter, which percentage shall be equal to the amount of the Over-Allowance AmountAmount divided by the amount of the Cost Proposal, and such payment by Tenant shall be a condition to Landlord’s obligation to pay any further amounts of the Tenant Improvement Allowance. In the event that, after the Cost Proposal Delivery Date, any revisions, changes, or substitutions shall be made to the Construction Drawings or the Tenant Improvements as the result of (i) a ratified “Tenant Change”, as that term is defined in Section 4.3.5 of this Tenant Work Letter, or (ii) a change requested by Landlord and reasonably approved by Tenant, then, subject subjection to the terms of Section 2.3 of this Tenant Work Letter AgreementLetter, any EXHIBIT B [535 Mission Street] additional costs which arise in connection with such revisions, changes or substitutions or any other additional costs shall be paid by Tenant to Landlord immediately upon Landlord's ’s request as an addition to the Over-Allowance Amount. Subject to the terms of Section 2.3 of this Work Letter Agreement, in the event that Tenant fails to deliver the Over-Allowance Amount as provided in this Section 4.3.1, then Landlord may, at its option, cease work in the Premises until such time as Landlord receives payment of the Over-Allowance Amount (and such failure to deliver shall be treated as a Tenant delay in accordance with the terms of Section 5.2 below).

Over-Allowance Amount. On Upon Landlord's delivery of the Cost Proposal Delivery Dateto Tenant (as more particularly contemplated in Section 4.2 above), Landlord shall identify the amount (the "Over-Allowance Amount") equal to the difference between (i) the amount of the Cost Proposal and (ii) the amount of the Initial Improvement Allowance. Subject Allowance and the Additional Allowance (to the terms extent Tenant elects to use any portion of Section 2.3 the Additional Allowance). Tenant shall deliver the amount (if any) of this Work Letter Agreement, such Over-Allowance Amount to Landlord at the time Tenant's delivers its approval of the Cost Proposal to Landlord. The Over-Allowance Amount shall be delivered from Tenant to disbursed by Landlord (on a pro-rata basis, based upon the percentage of the Tenant Improvements completed) within fifteen (15) days of Tenant's receipt of an invoice for such basis along with any then remaining portion of the Over-Allowance AmountImprovement Allowance. In the event that, after the Cost Proposal Delivery Date, any revisions, changes, or substitutions shall be made to the Construction Drawings or the Improvements as the result of (i) a ratified Tenant Change, or (ii) a change requested by Landlord and reasonably approved by Tenant, then, subject to the terms of Section 2.3 of this Work Letter Agreement, then any additional costs which arise in connection with such revisions, changes or substitutions or any other additional costs shall be paid by Tenant to Landlord immediately upon Landlord's request as an addition to the Over-Allowance Amount. Subject to the terms of Section 2.3 of this Work Letter Agreement, in In the event that Tenant fails to deliver the Over-Allowance Amount as provided in this Section 4.3.1, then Landlord may, at its option, cease work in the Premises until such time as Landlord receives payment of the Over-Allowance Amount (and such failure to deliver shall be treated as a Tenant delay in accordance with the terms of Section 5.2 6.2 below).

Over-Allowance Amount. On the Cost Proposal Delivery Date, Landlord shall identify the amount cause a contractor designated by Landlord (the "Over-Allowance AmountContractor") equal to the difference between (i) the amount obtain all applicable building permits for construction of the Cost Proposal Tenant Improvements, and (ii) construct the amount Tenant Improvements as depicted on the Approved Working Drawings, in compliance with such building permits and all applicable laws in effect at the time of construction, and in good workmanlike manner. Landlord shall pay for the cost of the Improvement Allowance. Subject to the terms of Section 2.3 of this Work Letter Agreement, the Over-Allowance Amount shall be delivered from Tenant to Landlord (on a pro-rata basis, based upon the percentage design and construction of the Tenant Improvements completedin an amount up to, but not exceeding, Forty Thousand Eight Hundred Sixty and no/100 Dollars ($40,860.00) (I.E. $20.00 per rentable square foot) (the "Allowance"). Tenant shall pay for all costs in excess of the Allowance, which payment shall be made to Landlord in cash within fifteen ten (1510) days of after Tenant's receipt of an invoice for such therefor from Landlord. Tenant shall not be entitled to receive in cash or as a credit against any rental or otherwise, any portion of such the Over-Allowance Amount. In not used to pay for the event thatcost of the design and construction of the Tenant Improvements; provided, after however, if the Cost Proposal Delivery Datetotal cost of design and construction of the Tenant Improvements is less than the Allowance provided above, any revisions, changes, or substitutions Tenant shall be made permitted to use any such difference towards the purchase of furniture, fixtures and equipment to be installed in and to the Construction Drawings or Premises. Before selecting a Contractor, Landlord shall obtain at least three (3) bids for the construction of the Tenant Improvements as the result of (i) a ratified Tenant Change, or (ii) a change requested from contractors designated by Landlord and reasonably approved by Tenant, then, subject to the terms of Section 2.3 of this Work Letter Agreement, any additional costs which arise in connection with such revisions, changes or substitutions or any other additional costs Tenant shall be paid by Tenant to Landlord immediately upon Landlord's request as an addition to the Over-Allowance Amount. Subject to the terms of Section 2.3 of this Work Letter Agreement, in the event that Tenant fails to deliver the Over-Allowance Amount as provided in this Section 4.3.1, then Landlord may, at its option, cease work in the Premises until such time as Landlord receives payment within five (5) days of the Over-Allowance Amount submission of bids from the last of the three (and such failure 3) contractors select one (1) of the three (3) contractors to deliver shall be treated as a construct the Tenant delay in accordance with the terms of Section 5.2 below)Improvements.