Common use of Suite 500 Space Clause in Contracts

Suite 500 Space. Notwithstanding anything herein to the contrary, if the total cost of the Tenant Improvements with respect to the Suite 500 Space are less than the total amount of the Landlord’s Construction Allowance allocable to such Suite 500 Space (the difference between the cost of the Tenant Improvements to the Suite 500 Space and the cost of the Landlord’s Construction Allowance allocable to the Suite 500 Space being referred to herein as the “Excess Suite 500 Allowance”), then Landlord agrees that, upon Tenant’s written request and subject to the further terms of this Paragraph (g)(i), Tenant shall have the right to have up to (but not to exceed) $264,585.00 out of such Excess Suite 500 Allowance disbursed to Tenant as a reimbursement of the actual out-of-pocket expenses paid by Tenant to third parties in connection with Tenant’s move to the Premises, including space planning and design, built-in and movable furniture, signage costs and the installation of Tenant’s wiring and cabling in the Suite 500 Space and Suite 600 Space (the “Moving Reimbursement”); provided, however, in no event shall the total amount advanced by Landlord to Tenant for the Moving Reimbursement exceed the lesser of the amount of the Excess Suite 500 Allowance or $264,585.00. In the event Tenant desires any such reimbursement, Tenant shall notify Landlord of the amounts that Tenant wants reimbursed (and such request shall include actual copies of paid invoices reflecting amounts Tenant desires to have reimbursed) by the Construction Termination Date applicable to the Suite 500 Space, and, notwithstanding anything herein to the contrary, if Tenant fails to so notify Landlord in writing of such amounts Tenant desires to have reimbursed by the Construction Termination Date applicable to the Suite 500 Space, Tenant shall not be entitled to any such reimbursement and all such Excess Suite 500 Allowance shall belong to Landlord and Tenant shall have no rights thereto other than apply such Excess Suite 500 Allowance amounts to the installation of the FANWALL system as contemplated in Paragraph 11 (i.e., if there is any Excess Suite 500 Allowance that has not been utilized as of the Construction Termination Date allocable to the Suite 500 Space, then Tenant can only access such Excess Suite 500 Allowance in order to pay for any costs related to the FANWALL system being installed pursuant to the terms of Paragraph 11).

Appears in 2 contracts

Samples: Office Lease (Zoom Video Communications, Inc.), Office Lease (Zoom Video Communications, Inc.)

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Suite 500 Space. Notwithstanding anything herein Tenant shall continue to the contrary, if the total cost of the Tenant Improvements pay Additional Rent with respect to the Suite 500 Space are less than in accordance with the total amount terms and provisions of the Landlord’s Construction Allowance allocable to such Suite 500 Space (Lease through the difference between Existing Expiration Date. Commencing on the cost Extension Term Commencement Date and continuing thereafter through the remainder of the Tenant Improvements Extension Term, for the purposes of calculating the Additional Rent payable with respect to the Suite 500 Space and Space, the cost Base Year shall be amended to be the calendar year 2022. Notwithstanding the foregoing to the contrary, in the event that the Tenant requests the disbursement of the Landlord’s Construction Allowance allocable to the Suite 500 Space being referred to herein as the “Excess Suite 500 Allowance”), then Landlord agrees that, upon Tenant’s written request and subject prior to the further terms of this Paragraph (g)(i)Existing Expiration Date, Tenant shall have the right to have up to (but not to exceed) $264,585.00 out of such Excess Suite 500 Allowance disbursed to Tenant then, effective as a reimbursement of the actual out-of-pocket expenses paid by Tenant to third parties in connection with Tenant’s move to the Premises, including space planning and design, built-in and movable furniture, signage costs and the installation of Tenant’s wiring and cabling in the Suite 500 Space and Suite 600 Space (the “Moving Reimbursement”); provided, however, in no event shall the total amount advanced by date that Landlord to Tenant for the Moving Reimbursement exceed the lesser disburses any portion of the amount of the Excess Suite 500 Landlord’s Construction Allowance or $264,585.00. In the event Tenant desires any such reimbursement, Tenant shall notify Landlord of the amounts that Tenant wants reimbursed (and such request shall include actual copies of paid invoices reflecting amounts Tenant desires to have reimbursed) by the Construction Termination Date applicable with respect to the Suite 500 Space, and, notwithstanding anything herein the Base Year shall be amended to be the contrary, if Tenant fails to so notify calendar year in which Landlord in writing disburses such portion of such amounts Tenant desires to have reimbursed by the Landlord’s Construction Termination Date applicable Allowance with respect to the Suite 500 Space; provided, Tenant however, if such disbursement occurs after September 30th, the Base Year shall not be entitled amended to any such reimbursement and all such Excess be the calendar year subsequent the year Landlord disburses the Landlord’s Construction Allowance for purposes of calculating the Additional Rent for the Suite 500 Allowance Space. The cap on Controllable Operating Costs set forth in Paragraph 3(l) of the Lease shall belong continue to Landlord and Tenant shall have no rights thereto other than apply such Excess with respect to the calculation of the Additional Rent payable for the Suite 500 Allowance amounts to the installation of the FANWALL system as contemplated in Paragraph 11 (i.e.Space; provided, if there is any Excess Suite 500 Allowance that has not been utilized however, effective as of the Construction Termination Date allocable to date that the Base Year is reset for the Suite 500 Space, then Tenant can only access such Excess Suite 500 Allowance the phrase “first calendar year” as set forth in order to pay for any costs related to the FANWALL system being installed pursuant to the terms third line of Paragraph 11)3(l) shall be amended to be the applicable calendar year as calculated above.

Appears in 2 contracts

Samples: Office Lease (Zoom Video Communications, Inc.), Office Lease (Zoom Video Communications, Inc.)

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