Refurbishment Allowance. Landlord shall have no obligation to make any leasehold alterations, additions or improvements to the Premises, including, without limitation, the First Expansion Premises and the Second Expansion Premises. Tenant shall accept the First Expansion Premises and the Second Expansion Premises as of the First Expansion Premises Commencement Date in the current “as-is, where-as” condition, with, to Landlord’s actual knowledge, without inquiry or duty to inquire, all Operating Systems in good operating condition. Landlord will provide Tenant with up to $96,445 (calculated at the rate of $5.00 per rentable square foot of the First Expansion Premises and the Second Expansion Premises) (the “Refurbishment Allowance”) to be used for the following with respect to Tenant’s leasehold refurbishment improvements in the First Expansion Premises and the Second Expansion Premises: (a) Tenant’s architecture, engineering and project fees and costs, including preparing construction and design documents and mechanical and electrical plans, (b) permits, construction materials and labor, and construction fees and costs, including any legal compliance requirements, and (c) Landlord’s construction management fee of four percent (4%) of the Refurbishment Allowance. Landlord makes no representation or warranty as to what can be obtained with the Refurbishment Allowance. A contractor engaged by Tenant will perform the Leasehold refurbishment improvements (collectively, the “Refurbishment”) in accordance with all terms and conditions of the Lease, including, without limitation, Article 13 of the Existing Lease. Tenant’s contractor shall be subject to the reasonable approval of Landlord and Tenant will be responsible for all costs related to the Refurbishment in excess of the Refurbishment Allowance. Landlord will pay any amounts payable to Tenant under this Section 11 in one lump sum within 30 days from the date the Refurbishment is completed in accordance with the terms and conditions of the Lease, and Tenant has submitted to Landlord a written statement requesting such payment with appropriate supporting documentation, provided at the time of such requested and scheduled payment: (i) no Event of Default by Tenant exists under the Lease; and (ii) no liens have been filed and Landlord will have received an appropriate lien waiver from Tenant’s general contractor and subcontractors covering all work for which payment is requested.
Refurbishment Allowance. On December 1, 2005, Landlord shall provide to Tenant an allowance (the “Refurbishment Allowance”) of Two Hundred Fifty Thousand Dollars ($250,000) to be used by Tenant to design and construct improvements in the Premises; provided, however, that Landlord shall have no obligation to provide the Refurbishment Allowance if at such time (a) Tenant is the subject of a bankruptcy proceeding or any other insolvency proceeding, or (b) Tenant is in Default, or any circumstance exists which, with the giving of notice or the passage of time, or both, would constitute a Default. All improvements constructed with the Refurbishment Allowance shall be subject to the provisions of the Lease governing alterations to the Premises, and, unless waived in writing by Landlord, Xxxxxxxx Xxxx Dallas Fort Worth (or its designee) shall serve as the construction manager for such improvements. The Refurbishment Allowance shall be used only for payment of the following: (i) costs, including professional fees, of the architect and other design and planning costs in connection with tenant improvements constructed in the Premises; (ii) the costs of labor and material associated with the construction of the tenant improvements in the Premises; and (iii) a fee equal to four percent (4%) of the sum of all design, planning and construction costs associated with the construction of the tenant improvements in the Premises, unless Landlord has waived in writing the requirement that Xxxxxxxx Xxxx Dallas Fort Worth (or its designee) serve as construction manager, in which event no fee shall be owed. Landlord shall have the right to require, as a condition to any disbursement of any portion of the Refurbishment Allowance requested by Tenant, that Tenant provide Landlord copies of invoices and/or similar evidence that the requested disbursement is for one of the purposes set forth in the foregoing clauses (i), (ii) or (iii). In no event shall Landlord have any obligation to make any disbursement of the Refurbishment Allowance requested after May 1, 2006, it being agreed that after such date any unused portion of the Refurbishment Allowance shall be deemed forfeited by Tenant. Each payment of the Refurbishment Allowance shall be made within thirty (30) days after Landlord has received a request therefor together with all other documents reasonably required by Landlord.
Refurbishment Allowance. On December 1, 2000, Landlord shall pay to Tenant a refurbishment allowance not to exceed $2.00 per rentable square foot in the Premises of $59,500.00, for use by Tenant to refurbish the Premises, upon satisfaction of the same conditions as set forth in Section 9.05.
Refurbishment Allowance. At any time during the period (the "REFURBISHMENT ALLOWANCE AVAILABILITY PERIOD") commencing as of the date of execution of this Lease with respect to the Initial Premises (the Must-Take Delivery Date with respect to the Must-Take Space, and the Machine Shop Delivery Date with respect to the Machine Shop Space, as the case may be) and continuing until the last day of the initial Lease Term, and provided Tenant is not then in default under this Lease, after expiration of all applicable notice and cure periods, but subject to the provisions of Section 1.4.2 above, Tenant shall be entitled to: (i) a one-time refurbishment allowance (the "INITIAL PREMISES REFURBISHMENT ALLOWANCE"), in an amount up to, but not exceeding $510,320.00 (i.e., $10.00 per rentable square foot of the Initial Premises); plus (ii) a one-time refurbishment allowance (the "MUST-TAKE REFURBISHMENT ALLOWANCE"), in an amount up to, but not exceeding, $196,275.00 (i.e., $15.00 per rentable square foot of the Must-Take Space); provided, however, if the Must-Take Space Commencement Date occurs after September 1, 2002, the Must-Take Refurbishment Allowance shall be decreased to an amount equal to the product of multiplying $196,275.00 (i.e., $15.00 per rentable square foot of the Must-Take Space) by the fraction, the numerator of which is equal to the number of months (or partial months) during the period from the Must-Take Space Commencement Date through December 31, 2007, and the denominator of which is sixty-four (64); plus (iii) if Tenant leases the Machine Shop Space from Landlord pursuant to Section 1.5 above, a one-time refurbishment allowance (the "MACHINE SHOP REFURBISHMENT ALLOWANCE"), in an amount up to, but not exceeding, $115,425.00 (i.e., $25.00 per rentable square foot of the Machine Shop Space). Except as otherwise set forth in this Section 8.4, the Initial Premises Refurbishment Allowance, the Must-Take Refurbishment Allowance, and the Machine Shop Refurbishment Allowance (sometimes collectively referred to herein as the "REFURBISHMENT ALLOWANCE") shall be disbursed by Landlord (each such disbursement shall be made pursuant to Landlord's standard disbursement process as described hereinbelow), to pay for the costs actually incurred by Tenant relating to alterations and refurbishment of the improvements in the Premises, including the Must-Take Space and/or the Machine Shop Space, as the case may be, as such space is leased by Tenant (referred to herein as the "REFURBISHING WORK")...
Refurbishment Allowance. (1) Commencing on June 1, 2006, Tenant shall be entitled to receive a refurbishment allowance of Five and No/100 Dollars ($5.00) per RSF (the "Refurbishment Allowance") for the reimbursement of Tenant's past and future costs in refurbishing the Premises, provided, however, that in order to be entitled to the Refurbishment Allowance, the costs related to refurbishing the Premises must (i) have been incurred between August 15, 2004 and Xxxxx 00, 0000, (xx) the expenses must be in the nature of permanent leasehold improvements to the Premises, i.e. carpet, paint, leasehold build-out, HVAC, etc. as opposed to items such as furniture, technology, moving costs, non-permanent fixtures (e.g. cubicles and trade fixtures), office supplies, design fee, other soft costs, etc. ("Build-out").
(2) The Refurbishment Allowance will be due to Tenant within thirty (30) days after Landlord's receipt of adequate documentation, as reasonably determined by Landlord, evidencing Tenant's actual, out-of-pocket expenditures for the Build-out in accordance with the requirements of Paragraph 4.J(1) of this Lease; provided, however, that (i) at Landlord's option, the Refurbishment Allowance may be extended to Tenant in the form of a credit against Base Rent commencing at the time the payment is due and continuing until Tenant has received a credit against Base Rent due or coming due equal to the sum Tenant would have been otherwise been paid by Landlord pursuant to this Paragraph 4.J and (ii) Tenant shall not submit invoices for the Refurbishment Allowance to Landlord on more than one (1) occasion per month.
Refurbishment Allowance. Landlord hereby grants Tenant a one-time allowance for the refurbishment of the furniture, fixtures, equipment, improvements and alterations in the Premises (the “Refurbishments”) in an amount equal to $45.00 per rentable square foot of the Premises (i.e., $1,043,640.00 for the 23,192 rentable square feet in the Premises) (the “Refurbishment Allowance”). Tenant shall construct any Refurbishments as in accordance with the terms of Article 7 of the Office Lease, and in accordance with any reasonable construction rules and regulations imposed by Landlord. Notwithstanding the terms of Article 7 of the Office Lease to the contrary, Tenant shall not be required to pay any construction supervision fee in connection with Refurbishments that are solely cosmetic in nature. If the Refurbishments require the issuance of a building permit, Tenant shall be required to reimburse Landlord any reasonable, out-of-pocket costs paid to a third-party by Landlord for project management and oversight. If the Refurbishments trigger any legally required alterations or modifications to the Premises or Building, the costs of any such alterations or modifications shall be paid by Tenant (and may be paid out of the Refurbishment Allowance), provided that Landlord shall be responsible for any “path of travel” compliance costs or requirements.
Refurbishment Allowance. Provided Tenant is not then in default with respect to any material term of this Second Amendment or extension thereof, and upon occupying the Premises for five years from the commencement date of this Second Amendment, Tenant shall be entitled to a Refurbishment Allowance in the amount of $5.00 times the number useable square feet occupied, under the following conditions:
a. Tenant must use the funds for Premises remodeling and not for personal property or equipment purchases.
b. Refurbishment plan to be approved in writing by Property Manager, such approval not to be unreasonably withheld.
c. Work to be performed by a contractor of owner’s choice that is familiar with the building’s HVAC system.
Refurbishment Allowance. Provided that no event of default has occurred prior to the disbursement thereof, Landlord shall provide to Tenant a refurbishment allowance not to exceed $30.00 per rentable square foot in the Premises and not to exceed a total of $1,852,500 (the “Refurbishment Allowance”) not earlier than August 1, 2006 (the “Effective Date”) to be applied toward the cost of alterations and improvements to the Premises. The Refurbishment Allowance may be used on any alterations or improvements to the Premises approved in writing by Landlord and completed no earlier than 60 days prior to the Effective Date. Such refurbishment work may include, but shall not be limited to, the following (it being understood that Tenant must submit plans and specifications for Landlord’s review and approval for all such work, even if such items are listed below): (a) increase height of data center raised floor; (b) network hub re-cabling; (c) second power transformer; (d) generator; (e) automatic transfer switch (ATS); (f) PDU; (g) power re-cabling; (h) fire suppression system; (i) moisture detection system; and (j) engineering evaluation costs. The Refurbishment Allowance may be used on any alterations or improvements to the Premises approved in writing by Landlord and completed no earlier than 60 days prior to the Effective Date. Prior to commencing any such work, Tenant shall deliver to Landlord for Landlord’s approval detailed plans and specifications depicting the refurbishment work Tenant intends to make to the Premises. Landlord’s approval of Tenant’s plans and specifications shall not be a representation or warranty of Landlord that such drawings are adequate for any use or comply with any law, but shall merely be the consent of Landlord thereto. After Tenant’s plans and specifications have been approved, Tenant shall cause the work to be performed in accordance with the final version of the plans and specifications that have been approved in writing by Landlord and in compliance with all Laws. Landlord shall pay to Tenant (or, at Landlord’s election, to Tenant’s contractor) the Refurbishment Allowance in multiple disbursements (but not more than once in any calendar month) following the receipt by Landlord of the following items: (a) a request for payment signed by Tenant on the appropriate AIA form or another form approved by Landlord (indicating what work has been performed and that the work has been completed, and the name, address and taxpayer identification number of the reque...
Refurbishment Allowance. In the event Tenant exercises its right to renew the Lease for an additional Term of three (3) or five (5) years, then Landlord shall provide Tenant a Refurbishment Allowance equal to a total of $5.00 per Rentable Square Foot of which $2.00 per Rentable Square Foot may be a reimbursement for improvements previously made to the Premises by Tenant and $3.00 per Rentable Square Foot for additional improvements as needed by Tenant. The Refurbishment Allowance shall be subject to the conditions set forth in Exhibit D of this Lease. In the event Tenant renews for a second five (5) year term, Landlord will agree to an additional $5.00 per Rentable Square
Refurbishment Allowance. Lessor grants to Lessee a refurbishment allowance of $269,920.00 (the "Allowance) to be used by Lessee for improvements to and renovation of the Leased Premises (the "Improvements). Upon submission of invoices and releases by Lessee, Lessor shall promptly reimburse Lessee `for actual costs incurred in construction' of the Improvements. Lessee is solely responsible for the cost of any Improvements in excess of the Allowance.
