Payment of Tenant Improvement Costs. 5.1 Landlord shall provide to Tenant a Tenant Improvement Allowance in the amount of $30.00 per square foot of Rentable Area. The Tenant Improvement Allowance shall be disbursed as provided below.
5.2 As a condition to the first disbursement of the Tenant Improvement Allowance, Tenant shall have satisfied all of the following conditions:
(a) Tenant shall have delivered to Landlord duly executed originals of each of the Tenant's Architect Agreement and the Tenant Improvement Contract.
(b) Landlord shall have approved, in Landlord's reasonable discretion, the budget for the portion of the Tenant Improvement Work to be funded by the Tenant Improvement Allowance.
(c) The Final Plans shall have been completed and approved.
(d) Tenant shall have obtained and be in compliance with all Tenant Improvement Permits.
5.3 Disbursements of the Tenant Improvement Allowance will be made to a demand deposit account in the name of Tenant within twenty (20) days after receipt by Landlord of the Draw Certifications required under Section 5.4 below, but not more frequently than monthly, provided that (i) no default exists under the Lease beyond any applicable cure period; (ii) no default exists under either of the Tenant Improvement Contract or the Tenant's Architect Agreement beyond any applicable cure period; (iii) no lien has been filed with respect to the Tenant Improvement Work that has not been released or bonded over; (iv) Tenant is in compliance with the Tenant Improvement Permits, and (v) all insurance required under Articles 9 and 21 of the Lease is in full force and effect.
5.4 As a condition to each funding, Tenant shall deliver to Landlord all of the following:
(a) Tenant's Construction Draw Certificate in the form of Attachment 4 hereto;
(b) The Tenant Improvement Contractor's Certificate in the form of Attachment 5 hereto;
(c) Conditional and unconditional lien releases, as applicable, in the form required under California Civil Code Section 3262.
5.5 The first disbursement may include all Tenant Improvement Costs incurred prior to commencement of construction, including, without limitation, fees for Tenant's Architect and Tenant Improvement Permit fees.
5.6 Upon completion of the Tenant Improvement Work, Tenant shall provide Landlord with certifications from the Tenant's Improvement Contractor and the Tenant's Architect that the Tenant Improvement Work has been substantially completed in accordance with the Final Plans and with copies of final lien releases fro...
Payment of Tenant Improvement Costs. Tenant shall on or after the date of ----------------------------------- substantial completion of the work, present Landlord with a request for payment in an amount not to exceed the Tenant Improvement Allowance. Together with such request for payment, Tenant shall provide (a) a certificate of the Architect certifying the completion of the Tenant Improvements in accordance with the Approved Working Drawings; (b) invoices covering all items for which payment is requested; (c) unconditional, final waivers of lien from the Contractor and each subcontractor or materials supplier to be paid in connection with the work, covering the work performed by such contractor subcontractor or materials supplier who shall supply in excess of $5,000 of materials and/or services to the Work; (d) reasonably detailed working drawings showing the final improvements constructed by Tenant and (e) a conditional certificate of occupancy authorizing Tenant to occupy the Premises. If Tenant shall fail to provide full and final unconditional waivers of lien for the contractor and all subcontractors and material suppliers performing work or supplying materials in connection with the work, Landlord may withhold payment of the Tenant allowance until such time as the period for the filing of any liens in connection with the work has expired. Otherwise, Landlord shall pay the amount requested within twenty (20) days after Tenant's submittal of its request for payment, together with all supporting
Payment of Tenant Improvement Costs. Tenant shall on or after the date of ----------------------------------- substantial completion of the work, present Landlord with a request for payment in an amount not to exceed the Tenant Improvement Allowance. Together with such request for payment, Tenant shall provide (a) a certificate of the Architect certifying the completion of the Tenant Improvements in accordance with the Approved Working Drawings; (b) invoices covering all items for which payment is requested; (c) unconditional, final waivers of lien from the Contractor and each subcontractor or materials supplier to be paid in connection with the work, covering the work performed by such contractor subcontractor or materials supplier
Payment of Tenant Improvement Costs. Within thirty (30) days after substantial completion of the Tenant Improvements, Landlord shall provide Tenant with a detailed statement of the Tenant Improvement Cost, such statement to be accompanied by invoices and other appropriate evidence of payment from Landlord or its General Contractor: (i) if the Tenant Improvement Cost exceeds the Tenant Improvement Allowance, and so much of the Additional. Tenant Improvement Allowance as has been drawn down at the request of Tenant, Tenant shall either pay the difference to Landlord within thirty (30) days after Tenant's receipt of the statement, or through an increase in Base Monthly Rent equal to Twenty-One and 25/100 Dollars ($21.25) for each One Thousand Dollars ($1,000) of the Additional Tenant Improvement Allowance applied as set forth in Paragraph 6.A. No payment by Tenant pursuant to this Paragraph shall constitute a waiver by Tenant of any right of Tenant to contest the amount of the Tenant Improvement Cost. Notwithstanding any provision in this Work Letter to the contrary, Tenant shall have no obligation to pay any cost which is excluded from the definition of Tenant Improvement cost by Paragraph 6.C., and shall have no obligation to pay any portion of the Tenant Improvement Cost that exceeds the Approved Tenant Improvement Cost unless Tenant has approved in writing such excess amount.
Payment of Tenant Improvement Costs. 5 2.5 Memorandum of Commencement Date...............................................................................5 2.6 Use and Conduct of Business...................................................................................5 2.7 Compliance with Applicable Laws and Rules and Regulations.....................................................6
Payment of Tenant Improvement Costs. Tenant shall complete all Tenant Improvements at its expense under its direction, lien free, in accordance with the Plans and Specifications, in a good and workxxx xxxe manner, in accordance with all Applicable Laws, and subject to the reasonable approval of Landlord with respect to contractor and all subcontractors and the insurance of such parties. No more than once per month, Tenant shall submit to Landlord invoices for reimbursement together with (a) a certification by the Preparing Party or other architect preparing the Plans and Specifications that such work has been completed, and (b) executed lien waivers from all applicable contractors and subcontractors. Landlord shall then reimburse such expenses to the extent they do not exceed the Tenant Improvement Allowance. Tenant shall be responsible for all costs of any nature in excess of the Tenant Improvement Allowance. All Tenant Improvements, exclusive of any of Tenant's trade fixtures, furniture, and equipment, regardless of which party paid for them, shall become the property of Landlord upon expiration or earlier termination of the Lease and shall remain upon and be surrendered with the Premises. Landlord (or its representatives) shall have the right (but not the obligation) to inspect the Tenant Improvements from time to time.
Payment of Tenant Improvement Costs. Section 3.01. Subtenant shall be solely responsible for the payment of all Tenant Improvement Costs; provided, however, the foregoing shall not operate to negate Sublandlord’s agreement to fund the Subtenant Allowance in accordance with the terms of this TI Exhibit.
Payment of Tenant Improvement Costs. Landlord shall be responsible for all Construction Costs of the Tenant Improvements, including Overages, except specifically only the following:
1. All costs and expenses approved in writing by Tenant for a Tenant Change Order shall be paid solely by Tenant.
2. Tenant shall pay all Tenant Change Orders within 30 days after receipt of an invoice from Landlord, such payment shall be 90% of the Tenant Change Order, as estimated by the Architect, as completed and incorporated into the Premises since the last billing. All retention shall be paid upon completion of the Punch List. Landlord shall be responsible to cause the Contractor to pay all subcontractors, materialmen and suppliers that have worked on a Tenant Change Order.
Payment of Tenant Improvement Costs. Landlord shall be responsible for all Construction Costs of the Tenant Improvements, including Overages, except specifically only the following: All costs and expenses approved in writing by Tenant for a Tenant Change Order shall be paid solely by Tenant; up to $29,566.00 in reimbursements as required by Section 6 of the Amendment. Tenant shall pay all Tenant Change Orders within 30 days after receipt of an invoice from Landlord, such payments shall be 90% of the Tenant Change Order, as estimated by the Architect, as completed and incorporated into the Premises since the last billing. All retention shall be paid upon completion of the Punch List. Landlord shall be responsible to cause the Contractor to pay all subcontractors, materialmen and suppliers that have worked on a Tenant Change Order.
Payment of Tenant Improvement Costs. The phrase "Tenant Improvement Costs" means all direct and indirect costs of furnishing, constructing and installing the Tenant Improvements, including (a) any costs incurred by LESSOR for design and/or architectural services of the Architect in preparing the Tenant Improvement Plans, (b) government permit costs applicable to the Tenant Improvements, (c) amounts payable to Contractor for overhead/profit, job site supervision, cleanup, trash and janitorial services as shown in the Cost Breakdown Tenant Improvement which is annexed to this Addendum as EXHIBIT "4", except that the 12% overhead and profit fee payable to Contractor shall not apply to the costs of (i) the design of the Tenant Improvements, or (ii) the building permit(s) for construction of the Tenant Improvements, or (iii) "hard costs" exceeding the Tenant Improvement Allowance but not exceeding $1,100,000 (d) the actual "hard costs" of construction of the Tenant Improvements and (e) financing costs attributable to financing to pay the LESSOR's Allowance, including, construction period interest from the initial loan funding until the Commencement Date, loan points, fees and other costs customarily incurred in connection with such financing; provided, however, financing costs incurred after the Commencement Date shall not be included in determining the Tenant Improvement Costs.
