Common use of Refurbishment Allowance Clause in Contracts

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 1Provided an Event of Default has not occurred and is continuing, 2005during the 8th Lease Year, Landlord Tenant shall provide be entitled to Tenant an a refurbishment allowance equal to **** per square foot of the then rentable area of the Premises, to be applied toward improving and refurbishing the Premises (the “Refurbishment Allowance”) ). For purposes of Two Hundred Fifty Thousand Dollars ($250,000) to determining the then rentable area of the Premises, the rentable area of the Premises as of the Commencement Date shall be used (taking into account any contraction rights Tenant may have exercised pursuant to Section 48 hereof). If requested by Tenant to design and construct Tenant, Landlord will undertake the construction of the leasehold improvements. Any costs of such 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 exceeds the Refurbishment Allowance shall be subject to the provisions of the Lease governing alterations to the Premises, and, unless waived in writing paid by Landlord, Xxxxxxxx Xxxx Dallas Fort Worth (or its designee) Tenant. Tenant shall serve as the construction manager be responsible for providing any plans and obtaining any necessary approvals for such improvements. The Refurbishment Allowance shall be used only for payment of the following: (i) costswork, 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) provided that Tenant may apply 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 Tenanttoward its cost of designing and permitting any such leasehold improvements. The work shall be constructed in accordance with the provisions of Exhibit C to this Lease, that to the extent applicable. Tenant provide shall have the option of constructing the **** This redacted material has been omitted pursuant to a request for confidential treatment, and the material has been filed separately with the Commission. leasehold improvements itself in which event Landlord copies of invoices and/or similar evidence that shall reimburse Tenant the requested disbursement is for one of cost thereof, not to exceed the purposes set forth in the foregoing clauses (i), (ii) or (iii). In no event shall Landlord have any obligation to make any disbursement amount of the Refurbishment Allowance requested after May 1Allowance, 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 of receipt of invoices and lien waivers reasonably required by satisfactory to Landlord.

Refurbishment Allowance. On December 1, 2005, Landlord shall provide agrees to Tenant an allowance contribute the sum (the “Refurbishment Allowance”"REFURBISHMENT ALLOWANCE") of up to One Hundred Eighty Three Thousand Five Hundred Thirty-Two Hundred Fifty Thousand Dollars ($250,000183,532.00) to be used for the costs of the refurbishment of the Tenant Improvements in the Existing Premises incurred by Tenant after the date hereof. Landlord shall only be obligated to make disbursements from the Refurbishment Allowance to the extent costs are incurred by Tenant to design and construct improvements refurbish the Tenant Improvements located in the Existing Premises; provided. If the cost of refurbishing such existing Tenant Improvements does not exceed the Refurbishment Allowance, however, that Landlord shall have retain the difference. Provided Tenant is not in default under the Lease (and no obligation to provide circumstance exists that would, with notice or lapse of time, or both, constitute a default under the Lease), Landlord shall, on November 30, 2003, disburse the Refurbishment Allowance if at such time (a) or so much thereof as Tenant is entitled to, provided that Landlord has received evidence reasonably satisfactory to Landlord of the subject costs incurred by Tenant with respect to such work. If, on November 30, 2003, Tenant has provided the required evidence of a bankruptcy proceeding or any other insolvency proceeding, or (b) incurred costs but is not entitled to disbursement of the Refurbishment Allowance because Tenant is in Default, default under the Lease or any a circumstance exists whichthat would, with the giving of notice or the passage lapse of time, or both, would constitute a Default. All improvements constructed with default under the Lease, then upon the cure of all defaults and circumstances that could give rise to a default, Landlord shall disburse to Tenant 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 so much thereof 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)entitled to. In no the event shall Landlord have any obligation Tenant is entitled 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 Allowance, or any portion thereof, in accordance with this Paragraph 12 and Landlord fails to pay the same to Tenant within thirty (30) days after Landlord has received a request therefor together with all following Landlord's receipt of written notice thereof, then Tenant may, in addition to any other documents reasonably required by Landlordremedies available to Tenant, offset the Refurbishment Allowance, or so much thereof as Tenant is entitled to, against the next installment(s) of Basic Rent.

Refurbishment Allowance. On December 1, 2005the one hundred twentieth (120th) full calendar month following the Rent Commencement Date, Landlord shall provide pay to Tenant an allowance a lump sum amount (the “Refurbishment Allowance”) of Two Hundred Fifty Thousand not to exceed Five and 00/100 Dollars ($250,0005.00) per square foot of the Building, determined in accordance with BOMA Standards (as defined in Section 3.1), for the costs of refurbishing the Improvements theretofore made by Tenant, in its discretion, which refurbishing shall be performed subject to and in accordance with the conditions and limitations set forth in Article XIX of this Lease, provided that at the time of such request and scheduled payment: (i) this Lease shall be used by in full force and effect and Tenant to design and construct improvements shall not then be in default which remains uncured in the Premises; providedperformance of any of the terms, howevercovenants and conditions herein contained beyond any applicable notice and cure period, that Landlord (ii) no liens shall have no obligation been filed and Tenant shall furnish evidence that payment has been made, or satisfactory arrangements for payment have been made, covering all work for which payment is requested, (iii) such work for which payment has been requested shall have been done in accordance with Article XIX below. Refurbishment shall include amounts expended for renovations, replacements, refinishing, fixtures, furniture and equipment, carpet, painting, wall coverings, woodwork, and other improvements and installations in, to provide or upon the Demised Premises by Tenant. To the extent that the full Refurbishment Allowance if at such time (a) has not been paid to 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 because insufficient claims for payment of the following: full Refurbishment Allowance were submitted by Tenant (ieither in amount, or lack of sufficient back-up), Tenant shall have six (6) costsmonths following the date Tenant receives notice from Landlord that claims for payment have been submitted which are not qualified to be funded from the Refurbishment Allowance, including professional feesto make additional Improvements and submit to Landlord claims for payment therefor, up to the aggregate amount of the architect Refurbishment Allowance. Tenant agrees to furnish to Landlord upon written request, copies of paid bills and other design and planning costs invoices, in connection with tenant improvements constructed in the Premises; (ii) detail reasonably satisfactory to Landlord, for the costs and expenses of labor refurbishing the Improvements in an amount equal to the portion of the Refurbishment Allowance requested. Any refurbishment work by Tenant shall be performed subject to and material associated in accordance with the construction terms and conditions of the tenant improvements in the Premises; and (iii) a fee equal to four percent (4%) of the sum of all designthis Lease, planning and construction costs associated with the construction of the tenant improvements in the Premisesincluding, unless Landlord has waived in writing the requirement that Xxxxxxxx Xxxx Dallas Fort Worth (or its designee) serve as construction managerwithout limitation, in which event no fee shall be owedArticle XIX. Landlord shall have the right to require, as a condition to any disbursement of If any portion of the Refurbishment Allowance requested by Tenant, that Tenant provide Landlord copies of invoices and/or similar evidence that is not due and payable on or before the requested disbursement is for one last day of the purposes set forth in one hundred twenty-sixth (126th) full calendar month following the foregoing clauses (i)Rent Commencement Date, (ii) or (iii). In no event then Landlord shall Landlord not have any obligation to make any disbursement of the Refurbishment Allowance requested after May 1, 2006, it being agreed that after pay such date any unused portion of the Refurbishment Allowance and Tenant shall be deemed forfeited by Tenant. Each payment to have waived all rights with respect to such portion 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 LandlordAllowance.