Subtenant Improvement Allowance. (a) Subtenant shall be entitled to an improvement allowance, to be applied to construction costs associated with the Plans and Specifications, of $30.00 for each rentable square foot of the Unimproved Space, for a total allowance of $362,970.00 (the “Subtenant Improvement Allowance”). Subtenant shall be responsible for all costs associated with constructing the Subtenant Improvements in excess of the Subtenant Improvement Allowance, including the costs of any Subtenant Change Orders or NonStandard Work. (b) Sublandlord shall reimburse Subtenant for any Subtenant Improvement Costs for the Subleased Premises up to a maximum of the Subtenant Improvement Allowance. Sub landlord shall pay the Subtenant Improvement Allowance within 30 days of receiving the following: (i) final releases of lien signed by the Subtenant Improvement Contractor and all subcontractors who provided any labor or materials with respect to the Subtenant Improvements (which releases may be contingent upon the receipt of sums reflected in the final payment application and/or which may exclude reasonable holdbacks for punchlist items); (ii) a certificate executed by Subtenant confirming the amount of Subtenant Improvement Costs incurred by Subtenant and that all Subtenant Improvement Costs have been paid by Subtenant except for reasonable holdbacks related to punchlist items as specified in such certificate; (iii) a set of the Plans and Specifications marked to show as built conditions, which shall be in a reproducible electronic media format; and (iv) Sublandlord’s receipt of the Sublandlord’s improvement allowance from Master Landlord in accordance with the terms of the Master Lease. (c) Sub landlord’s obligation to reimburse Subtenant in accordance with subparagraph (b) above shall be conditioned upon the following: (i) No Event of Default shall have occurred and be continuing hereunder at the time any such payment is requested; and (ii) Construction of the Subtenant Improvements shall have been substantially completed. In the event that the cost of the Subtenant Improvements is less than the Subtenant Improvement Allowance, Subtenant shall receive a credit in the amount of up to fifty percent (50%) such savings, if and to the extent Sub landlord receives such credit from Master Landlord, to be applied against the installments of Base Rent first falling due following Sub landlord’s receipt of such credit from Master Landlord.
Appears in 1 contract
Samples: Consent to Sublease (Cephalon Inc)
Subtenant Improvement Allowance. (a) Sublandlord will provide Subtenant an alteration allowance in the amount of [redacted pursuant to a request for confidential treatment filed with the Securities and Exchange Commission] as a reimbursement of amounts actually paid by Subtenant to its contractors and subcontractors for work and materials incorporated into the Subleased Premises ("Sublandlord's Contribution") in connection with Subtenant's construction costs of preparing the Subleased Premises for Subtenant's initial occupancy (the "Initial Alterations"). Upon completion of the portion of the Initial Alterations in which Subtenant has paid at least the amount of Sublandlord's Contribution, upon submission of a requisition from Sublandlord detailing the work performed and the cost thereof, accompanied by (x) paid invoices from Subtenant's general contractor for work constituting Initial Alterations, (y) a certificate from Subtenant's general contractor or architect indicating that the work performed as reflected in the requisition was performed in accordance with the Approved Plans and Specifications and otherwise in accordance with the requirements of the Underlying Lease and this Sublease and (z) lien waivers from all contractors, subcontractors, vendors, suppliers and materialmen who shall have furnished materials or supplies or performed work in respect of the Initial Alterations, CONFORMED COPY Sublandlord shall pay Sublandlord's Contribution to Subtenant within fifteen (15) days of its receipt of such requisition and supportive documentation. In the event any mechanic's lien shall have been filed relating to any of the Initial Alterations, the amount thereof may be withheld from payment until such lien has been removed by bond or otherwise. If after the completion of the Initial Alterations the total cost of the Initial Alterations is less than Sublandlord's Contribution, the difference of such amount shall be entitled to an improvement allowancecredited against the installments of Fixed Rent next due and payable under this Sublease; provided, to be applied to construction costs associated with no Event of Default shall exist on the Plans and Specifications, of $30.00 for each rentable square foot of the Unimproved Space, for a total allowance of $362,970.00 (the “Subtenant Improvement Allowance”). Subtenant shall be responsible for all costs associated with constructing the Subtenant Improvements in excess of the Subtenant Improvement Allowance, including the costs date of any Subtenant Change Orders or NonStandard Worksuch credit.
(b) Sublandlord shall reimburse make available to Subtenant for the items set forth on Exhibit C annexed hereto and incorporated herein by reference and any Subtenant Improvement Costs for network and phone cabling existing in the Subleased Premises up to a maximum on the Commencement Date (collectively, the "FF&E"), in each case, in its "as is" condition as of the date hereof, reasonable wear and tear and damage by fire or other insurable casualty excepted, at no additional cost to Subtenant Improvement Allowancethroughout the Term. Sub landlord Subtenant shall pay insure and bear the Subtenant Improvement Allowance within 30 days risk of receiving loss of the following:
(i) final releases FF&E, take good care of lien signed by the Subtenant Improvement Contractor FF&E and all subcontractors who provided any labor shall repair and maintain the FF&E in good condition, reasonable wear and tear excepted. At the expiration of the Term hereof or materials with respect if this Sublease and the Underlying Lease are sooner terminated due to fire or other casualty or condemnation, title to the Subtenant Improvements (which releases may be contingent upon the receipt of sums reflected in the final payment application and/or which may exclude reasonable holdbacks for punchlist items);
(ii) a certificate executed by Subtenant confirming the amount of Subtenant Improvement Costs incurred by FF&E shall pass to Subtenant and that all Subtenant Improvement Costs have been paid by Subtenant except for reasonable holdbacks related to punchlist items as specified in Subtenant, at its sole cost and expense, shall remove such certificate;
(iii) a set of FF&E from the Plans and Specifications marked to show as built conditions, which shall be in a reproducible electronic media format; and
(iv) Sublandlord’s receipt of the Sublandlord’s improvement allowance from Master Landlord Subleased Premises in accordance with the terms and conditions of Article 21 of the Master Underlying Lease.
(c) Sub landlord’s obligation . If this Sublease is terminated prior to reimburse Subtenant in accordance with subparagraph (b) above shall be conditioned upon the following:
(i) No Expiration Date due to an Event of Default by Subtenant, title to the FF&E shall have occurred remain with Sublandlord and possession thereto shall be continuing hereunder at the time any such payment is requested; and
(ii) Construction returned to Sublandlord concurrently with possession of the Subtenant Improvements shall have been substantially completed. In the event that the cost of the Subtenant Improvements is less than the Subtenant Improvement AllowanceSubleased Premises, Subtenant shall receive a credit in the amount of up same condition as delivered to fifty percent (50%) such savingsSubtenant, if ordinary wear and to the extent Sub landlord receives such credit from Master Landlord, to be applied against the installments of Base Rent first falling due following Sub landlord’s receipt of such credit from Master Landlordtear excepted.
Appears in 1 contract
Subtenant Improvement Allowance. (a) Subtenant shall be entitled to a one-time payment by Sublandlord of an improvement allowance, to be applied to construction costs associated with allowance in the Plans and Specifications, maximum amount of $30.00 for each rentable square foot of the Unimproved Space, for a total allowance of $362,970.00 15,000 (the “Subtenant Improvement Allowance”). ) for the costs related to the design and actual cost of the Subtenant’s Initial Improvements, but payment or nonpayment thereof shall not relieve Subtenant shall be responsible of its responsibility and pay for all costs associated with constructing of the Subtenant Improvements in excess of Subtenant’s Work. In no event shall Sublandlord have any obligation to disburse the Subtenant Improvement Allowance, including the costs of any Subtenant Change Orders or NonStandard Work.
(b) Sublandlord shall reimburse Allowance to Subtenant for any Subtenant Improvement Costs for the Subleased Premises up purpose other than Subtenant’s Work. In no event shall Sublandlord be obligated to make disbursements pursuant to this Workletter Agreement in an amount in a maximum of total amount which exceeds the Subtenant Improvement Allowance. Sub landlord shall pay the Subtenant Improvement Allowance within 30 days of receiving the following:
(i) final releases of lien signed by the Subtenant Improvement Contractor and all subcontractors who provided any labor or materials with respect to the Subtenant Improvements (which releases may be contingent upon the receipt of sums reflected in the final payment application and/or which may exclude reasonable holdbacks for punchlist items);
(ii) a certificate executed by Subtenant confirming the amount of Subtenant Improvement Costs incurred by Subtenant and that all Subtenant Improvement Costs have been paid by Subtenant except for reasonable holdbacks related to punchlist items as specified in such certificate;
(iii) a set of the Plans and Specifications marked to show as built conditions, which No credit shall be in a reproducible electronic media format; and
(iv) Sublandlord’s receipt of the Sublandlord’s improvement allowance from Master Landlord in accordance with the terms of the Master Lease.
(c) Sub landlord’s obligation given to reimburse Subtenant in accordance with subparagraph (b) above shall be conditioned upon the following:
(i) No Event of Default shall have occurred and be continuing hereunder at the time any such payment is requested; and
(ii) Construction of the Subtenant Improvements shall have been substantially completed. In the event that if the cost of the Subtenant Subtenant’s Initial Improvements is less than the Subtenant Improvement Allowance. The Subtenant Improvement Allowance shall be paid to Subtenant within sixty (60) days after mutual execution hereof, provided that Subtenant is not then in default and Subtenant has delivered to Sublandlord the following:
a. Copies of any building permits required for the Subtenant’s Improvement Allowance;
b. Policies or evidences thereof of all insurance required to be maintained by Subtenant and its contractors;
c. Reasonable evidence that Subtenant has theretofore performed, in accordance with the Plans and other provisions of this Sublease, costing an amount at least equal to the amount of the Subtenant Improvement Allowance;
d. Copies of invoices for such work marked “paid” by contractors and material suppliers; and
e. Mechanic’s lien reSubleases from the general and all other contractors to the extent of the Subtenant Improvement Allowance, along with other evidence reasonably satisfactory to Sublandlord that no liens have been filed in connection with the Subtenant’s Intial Improvements and that no liens can reasonably be expected to be filed. Within thirty (30) days after completion of Subtenant’s Initial Improvements, Subtenant shall receive a credit in provide the amount following to Sublandlord:
f. Final copy of up to fifty percent Subtenant’s As-Built Plans (50%) such savingswith changes, if and to any, noted from the extent Sub landlord receives such credit from Master Landlord, to be applied against the installments of Base Rent first falling due following Sub landlord’s receipt of such credit from Master Landlord.final approved Plans); and
Appears in 1 contract
Samples: Sublease (1st Pacific Bancorp)
Subtenant Improvement Allowance. (a) Sublandlord shall provide to Subtenant shall be entitled to an improvement allowanceallowance in the amount of Three Hundred Ninety Seven Thousand Eight Hundred and No/100 Dollars ($397,800.00), to be applied to construction costs associated with the Plans and Specifications, of based on $30.00 for each 3.00 per rentable square foot of the Unimproved Space, for a total allowance of $362,970.00 (the “Subtenant Improvement Allowance”). The Subtenant shall Improvement Allowance may be responsible used to reimburse Subtenant for costs and expenses incurred by Subtenant for improvements made to the Premises (including architectural, engineering and construction related costs), as well as movable furniture, and for all costs associated with constructing the Subtenant Improvements in excess of the Subtenant Improvement AllowanceSubtenant’s set up costs (e.g., including the costs of any Subtenant Change Orders or NonStandard Workfurniture, fixtures, equipment, etc.
(b) Sublandlord shall reimburse Subtenant for any Subtenant Improvement Costs for the Subleased Premises up to a maximum of the Subtenant Improvement Allowance. Sub landlord shall pay the Subtenant Improvement Allowance within 30 days of receiving the following:
(i) final releases of lien signed by the Subtenant Improvement Contractor and all subcontractors who provided any labor or materials with respect to the Subtenant Improvements (which releases may be contingent upon the receipt of sums reflected in the final payment application and/or which may exclude reasonable holdbacks for punchlist items);
(ii) a certificate executed by Subtenant confirming the amount of Subtenant Improvement Costs incurred by Subtenant and that all Subtenant Improvement Costs have been paid by Subtenant except for reasonable holdbacks related to punchlist items as specified in such certificate;
(iii) a set of the Plans and Specifications marked to show as built conditions, which shall be in a reproducible electronic media format; and
(iv) Sublandlord’s receipt of the Sublandlord’s improvement allowance from Master Landlord in accordance with the terms of the Master Lease.
(c) Sub landlord’s obligation to reimburse Subtenant in accordance with subparagraph (b) above shall be conditioned upon the following:
(i) No Event of Default shall have occurred and be continuing hereunder at the time any such payment is requested; and
(ii) Construction of the Subtenant Improvements shall have been substantially completed. In the event that the cost Subtenant Improvement Allowance is not fully utilized by Subtenant within one (1) year after the Commencement Date, then such unused amounts shall revert to Sublandlord, and Subtenant shall have no further rights with respect thereto. Subtenant may request payments of the Subtenant Improvements is less than Improvement Allowance as often as once per month (a “Payment Request”), and each Payment Request shall be paid by Sublandlord within thirty (30) days, pursuant to the Subtenant Improvement Allowancefollowing terms and conditions:
(a) as of the date of any Payment Request, Subtenant shall receive a credit not be in default of any term or condition of this Sublease beyond all applicable notice and cure periods;
(b) as of the date of any Payment Request, the Premises shall be in lien-free condition (i.e. no lien has been filed against the Premises in connection with Subtenant’s Alterations);
(c) if the Payment Request is for costs or expenses related to Alterations that require prior consent of Landlord under the Master Lease, such Alterations shall have previously been approved by both Sublandlord and Landlord in accordance with the Master Lease, and Subtenant shall include with the Payment Request copies of invoices or other reasonable evidence of the amount of up such costs or expenses incurred, as well as any other items necessary to fifty percent show compliance with any related obligations pertaining to such approved Alterations in accordance with the Master Lease; and
(50%d) if the Payment Request is for costs or expenses unrelated to Alterations requiring prior consent of Landlord under the Master Lease, such savings, if and to Payment Request shall be accompanied by invoices or other reasonable evidence of the extent Sub landlord receives such credit from Master Landlord, to be applied against the installments of Base Rent first falling due following Sub landlord’s receipt amount of such credit from Master Landlordcosts or expenses incurred by Subtenant.
Appears in 1 contract
Samples: Sublease (Dexcom Inc)
Subtenant Improvement Allowance. Subject to the terms and conditions set forth below, Sublandlord agrees to provide Subtenant an allowance in an amount not to exceed One Hundred Fifty Three Thousand Six Hundred Fifty and 00/100 Dollars (a$153,650.00) Subtenant shall be entitled to an improvement allowance, (30,730 rentable square feet x $5.00)(the “ TI Allowance”) to be applied used solely for the design and construction of improvements to construction costs associated with the Plans and Specifications, of $30.00 for each rentable square foot of the Unimproved Space, for a total allowance of $362,970.00 Premises requested by Subtenant (the ““ Subtenant Improvement AllowanceImprovements”). Subtenant The TI Allowance shall be responsible for include, without limitation, any and all costs associated with constructing of construction, city permits, space planning, and engineering costs incurred by Subtenant, Sublandlord or Master Landlord related to the design, permitting and construction of the Subtenant Improvements. Any and all costs of the Subtenant Improvements in excess of the TI Allowance shall be the sole responsibility of Subtenant. Despite the foregoing, Subtenant Improvement Allowance, including specifically acknowledges and agrees that no portion of the costs of any Subtenant Change Orders or NonStandard Work.
(b) Sublandlord shall reimburse Subtenant for any Subtenant Improvement Costs TI Allowance may be used for the Subleased Premises up purchase and/or installation of telecommunications cabling or for the purchase of furniture systems or other Subtenant trade fixtures and equipment. The TI Allowance will be paid to a maximum Subtenant within thirty (30) days of the date Subtenant Improvement Allowance. Sub landlord shall pay the Subtenant Improvement Allowance within 30 days delivers to Sublandlord each of receiving the following:
: (i) final releases written confirmation that Subtenant has received the Financing (net of lien signed by costs to raise the Subtenant Improvement Contractor Financing); and all subcontractors who provided any labor or materials with respect to the Subtenant Improvements (which releases may be contingent upon the receipt of sums reflected in the final payment application and/or which may exclude reasonable holdbacks for punchlist items);
(ii) a certificate executed by Subtenant confirming reasonably detailed statement of the amount of Subtenant Improvement Costs costs incurred by Subtenant and that all Subtenant Improvement Costs have been paid by Subtenant except for reasonable holdbacks related to punchlist items as specified in such certificate;
(iii) a set of the Plans and Specifications marked to show as built conditions, which shall be in a reproducible electronic media format; and
(iv) Sublandlord’s receipt of the Sublandlord’s improvement allowance from Master Landlord in accordance with the terms of the Master Lease.
(c) Sub landlord’s obligation to reimburse Subtenant in accordance with subparagraph (b) above shall be conditioned upon the following:
(i) No Event of Default shall have occurred and be continuing hereunder at the time any such payment is requested; and
(ii) Construction of the Subtenant Improvements shall have been substantially completedtogether with a final conditional lien waiver from Subtenant’s tenant improvement contractor for the Subtenant Improvements. In addition, no later than thirty (30) days after the event that date of Sublandlord’s payment of the TI Allowance to Subtenant, Subtenant shall provide Sublandlord with a final unconditional lien waiver from Subtenant’s tenant improvement contractor for the Subtenant Improvements. Subtenant further agrees that, subject to the prior approval of Sublandlord and Master Landlord, Subtenant may use its own architect and tenant improvement contractor, in connection with any Subtenant Improvements to the Premises. In order to obtain the approval of Sublandlord and Master Landlord, Subtenant’s tenant improvement contractor must be licensed, bondable and experienced in the performance of tenant improvements in first class office/ research and development buildings comparable to the Building. Any portion of the TI Allowance not used by Subtenant toward the cost of the Subtenant Improvements is less than may be used by Subtenant at the Subtenant Improvement Allowance, Subtenant shall receive a credit expiration of the Term for the cost of the restoration of the Premises in accordance with the amount surrender obligations of up to fifty percent (50%) such savings, if and to the extent Sub landlord receives such credit from Master Landlord, to be applied against the installments of Base Rent first falling due following Sub landlord’s receipt of such credit from Master Landlordthis Sublease.
Appears in 1 contract
Subtenant Improvement Allowance. (a) Subtenant Sublandlord shall be entitled to an improvement allowance, to be applied to construction costs associated with contribute the Plans and Specifications, total amount of $1,268,580.00 (i.e., $30.00 for each rentable per square foot of the Unimproved Space, for a total allowance of $362,970.00 Subleased Premises) (the “Subtenant Improvement Allowance”). Subtenant shall be responsible ) for all costs incurred by Subtenant relating to Subtenant’s Work (including fees associated with constructing the Subtenant Improvements in excess design, construction, space planning, architectural and engineering work, signage, permits, telecom and data cabling, security systems, furniture, HVAC, and UPS (“Improvements”), provided that, as of the date on which Sublandlord is required to make payment thereof, (i) this Sublease is in full force and effect, and (ii) no default by Subtenant of this Sublease has occurred and has continued after receipt of any required notice and beyond any applicable cure period. The Improvements shall be made by Subtenant pursuant to the terms and provisions of Article 2 hereof and Article 7 of the Xxxxxxxxx. The Subtenant Improvement Allowance, including Allowance shall not be used to pay for any of Sublandlord’s work or work performed outside of the costs of any Subtenant Change Orders or NonStandard WorkSubleased Premises.
(b) Sublandlord shall reimburse make payments to Subtenant reimbursing Subtenant for costs Subtenant incurs in connection with the Improvements within twenty (20) days after Sublandlord’s receipt of (i) Subtenant’s written request for payment, (ii) copies of invoices related to the Improvements marked “paid” and (iii) copies of unconditional waivers and releases of lien in a form in compliance with the applicable statutes from all contractors, subcontractors, and material suppliers covering all work and materials which are the subject of such payment; provided, however, that no such waivers and releases shall be required for any architects or engineers (the documents described in (i), (ii) and (iii) are collectively referred to as “Payment Documents”). Subtenant Improvement Costs shall be entitled to submit requests for the Subleased Premises up payment during Subtenant’s Work, but in no event more than once in any thirty (30) day period.
(c) Subtenant shall not be entitled to a maximum receive any portion of the Subtenant Improvement Allowance. Sub landlord shall pay the Subtenant Improvement Allowance within 30 days of receiving the following:
(i) final releases of lien signed not actually disbursed by the Subtenant Improvement Contractor and all subcontractors who provided any labor or materials with respect to the Subtenant Improvements (which releases may be contingent upon the receipt of sums reflected in the final payment application and/or which may exclude reasonable holdbacks for punchlist items);
(ii) a certificate executed by Subtenant confirming the amount of Subtenant Improvement Costs incurred by Subtenant and that all Subtenant Improvement Costs have been paid by Subtenant except for reasonable holdbacks related to punchlist items as specified in such certificate;
(iii) a set of the Plans and Specifications marked to show as built conditions, which shall be in a reproducible electronic media format; and
(iv) Sublandlord’s receipt of the Sublandlord’s improvement allowance from Master Landlord Sublandlord in accordance with the terms herein; provided, however, that Subtenant may apply any portion of the Master Lease.
(c) Sub landlord’s obligation to reimburse Subtenant in accordance with subparagraph (b) above shall be conditioned upon the following:
(i) No Event of Default shall have occurred and be continuing hereunder at the time any such payment is requested; and
(ii) Construction undisbursed portion of the Subtenant Improvements Improvement Allowance as a credit against rent under this Sublease. Subtenant shall have been substantially completed. In the event that the pay, at Subtenant’s own cost and expense, any costs of the Subtenant Improvements is less than Subtenant’s Work which exceed the Subtenant Improvement Allowance.
(d) Except as otherwise expressly set forth in this Sublease, Subtenant Sublandlord shall receive a credit have no obligation of any kind with respect to any work to be performed in the amount of up to fifty percent (50%) such savings, if Subleased Premises or in the Building and to Subtenant accepts the extent Sub landlord receives such credit from Master Landlord, to be applied against the installments of Base Rent first falling due following Sub landlord’s receipt of such credit from Master LandlordSubleased Premises in their current “as-is” condition.
Appears in 1 contract
Samples: Sublease (Ellie Mae Inc)