Common use of Tenant Allowance Clause in Contracts

Tenant Allowance. Landlord hereby grants Tenant an allowance in the amount of up to twenty-three dollars ($23.00) per rentable square foot of each Phase (the "Tenant Allowance"). To the extent that the Improvement Cost for any Phase exceeds the Tenant Allowance for such Phase, Tenant shall, on the Phase I Commencement Date (and on the commencement date for each subsequent phase), reimburse Landlord the full amount of such excess costs ("Tenant's T. I. Payment") as additional rent. Prior to each commencement date Landlord will give notice to Tenant of any such excess, which notice shall be accompanied by an itemization, in reasonable detail, of the components of Improvement Cost. Notwithstanding the foregoing, to the extent Landlord holds back retainage from its contractor which relates to unfinished items of Leasehold Improvements, Tenant may hold back a corresponding portion of Tenant's T.I. Payment and will pay such amount to Landlord within three (3) business days after notice from Landlord that it intends to pay such holdback to its contractor. If the full amount of the Tenant Allowance is not used in connection with the installation of the Leasehold Improvements in any Phase, Tenant may use any remaining portion of the Tenant Allowance allocable to such Phase for any future Phase. Tenant will have no rights to use any portion of the Tenant Allowance which remains unused after completion of all Phases (including the Expansion Premises, for so long as Tenant has rights thereto under this Lease).

Tenant Allowance. Landlord hereby grants Tenant shall be entitled to an allowance in the amount of up to twenty-three dollars ($23.00) per rentable square foot of each Phase (the "Tenant Allowance"). To the extent that the Improvement Cost for any Phase exceeds the Tenant Allowance for such Phase, Tenant shall, on the Phase I Commencement Date (and on the commencement date for each subsequent phase), reimburse Landlord the full amount of such excess costs ("Tenant's T. I. Payment") as additional rent. Prior to each commencement date Landlord will give notice to Tenant of any such excess, which notice shall be accompanied by an itemization, in reasonable detail, of the components of Improvement Cost. Notwithstanding the foregoing, to the extent Landlord holds back retainage from its contractor which relates to unfinished items of Leasehold Improvements, Tenant may hold back a corresponding portion of Tenant's T.I. Payment and will pay such amount to Landlord within three (3) business days after notice from Landlord that it intends to pay such holdback to its contractor. If the full amount of the Tenant Allowance is not used in connection with the installation construction of the Leasehold Improvements in any Phasean amount not to exceed $450,000, Tenant may use any remaining portion to be requisitioned, if at all, within eighteen (18) months after the date hereof. Such allowance shall be paid as follows: (a) Up to $100,000 of the allowance shall be paid by Landlord to Tenant Allowance allocable (or, at Tenant's election made by notice to such Phase Landlord, to Tenaxx'x xontractor or architect directly) after the date hereof but prior to substantial completion of the Leasehold Improvements, for any future Phase. costs and expenses of the Leasehold Improvements incurred by Tenaxx, xx evidenced by invoices and other supporting documentation reasonably acceptable to Landlord, within ten (10) days after request therefor by Tenant; (b) Within ten (10) days after substantial completion of the Leasehold Improvements in the Premises, delivery to Landlord of a certificate of occupancy for the Premises and first occupancy by Tenant will of at least 30,000 rentable square feet of the Premises, Landlord shall reimburse Tenant (or, at Tenant's election made by notice to Landlord, shall pay directly to Tenaxx'x xontractor) for Tenant's costs and expenses of the Leasehold Improvements in the Premises (as evidenced by invoices and other supporting documentation reasonably acceptable to Landlord), up to a Landlord shall have no rights obligation to use disburse any portion of the Tenant Allowance which remains unused allowance not claimed by Tenaxx xxxhin eighteen (18) months after completion of all Phases (including the Expansion Premises, for so long as Tenant has rights thereto under this Lease)date hereof.

Tenant Allowance. Landlord hereby grants Tenant agrees to provide an allowance in the amount of up to twenty-three dollars ($23.00) 35.00 per rentable square foot of each Phase Rentable Area of the ground floor portion of the Premises (i.e. $1,856,400.00 subject to adjustment in the event of a re-measurement) but excluding space leased pursuant to the Right of First Offer or otherwise, to design, engineer, install, supply and otherwise to construct the Tenant Improvements in the Premises that will become a part of the Building (the "“Tenant Allowance"”). To Tenant is fully responsible for the extent that the Improvement Cost for any Phase exceeds payment of all costs in connection with the Tenant Allowance for such Phase, Tenant shall, on the Phase I Commencement Date (and on the commencement date for each subsequent phase), reimburse Landlord the full amount of such Improvements in excess costs ("Tenant's T. I. Payment") as additional rent. Prior to each commencement date Landlord will give notice to Tenant of any such excess, which notice shall be accompanied by an itemization, in reasonable detail, of the components of Improvement Cost. Notwithstanding the foregoing, to the extent Landlord holds back retainage from its contractor which relates to unfinished items of Leasehold Improvements, Tenant may hold back a corresponding portion of Tenant's T.I. Payment and will pay such amount to Landlord within three (3) business days after notice from Landlord that it intends to pay such holdback to its contractor. If the full amount of the Tenant Allowance is not used in connection which shall be paid on a pro rata basis with the installation of the Leasehold Improvements in any PhaseTenant Allowance. This Tenant Allowance is only available to Tenant for Tenant’s use until May 1, 2008 (“Tenant may use any remaining Allowance Use Date”). Any portion of the Tenant Allowance allocable not used by Tenant by the Tenant Allowance Use Date shall automatically terminate and be of no further use to Tenant. In addition to the foregoing, Landlord will provide Tenant an option for up to Ten Dollars ($10.00) per square foot of Rentable Area of the Premises for additional Tenant Improvements that will become part of the Building to be paid for by increasing the Annual Base Rent by the amount necessary to amortize the cost of such Phase for any future Phaseadditional Tenant Improvements over the Initial Lease Term at the rate of ten percent (10%) per annum. Tenant will have no rights to use any portion All disbursements of the Tenant Allowance which remains unused after completion shall be made within ten (10) Business Days of submission by Tenant to Landlord of an AIA Form Requisition duly executed and notarized by Tenant, Contractor, and Architect or Engineer, together with fully executed lien waivers from all Phases (including subcontractors, and mechanics and materialmen for work done through the Expansion Premisesdate of the preceding requisition, for so long as and shall be paid to Tenant has rights thereto under this Lease)or, upon Tenant’s request, directly to Tenant’s contractor, architect or other consultants or suppliers.

Tenant Allowance. Landlord hereby grants Tenant an allowance in the amount of up to twentyshall pay Two Million Nine Hundred Eighty-three dollars Nine Thousand Nine Hundred Sixty and no/Dollars ($23.002,989,960.00) per rentable square foot towards the costs of each Phase completing the Tenant Improvements (the "Tenant “Allowance"”). To the extent that the Improvement Cost for any Phase exceeds the Tenant Allowance for such Phase, Tenant shall, on the Phase I Commencement Date (and on the commencement date for each subsequent phase), reimburse Landlord the full amount of such excess costs ("Tenant's T. I. Payment") as additional rent. Prior to each commencement date Landlord will give notice to Tenant of any such excess, which notice shall be accompanied by an itemization, in reasonable detail, of the components of Improvement Cost. Notwithstanding the foregoing, to the extent Landlord holds back retainage from its contractor which relates to unfinished items of Leasehold Improvements, Tenant may hold back a corresponding portion of Tenant's T.I. Payment and will pay such amount to Landlord within three (3) business days after notice from Landlord that it intends to pay such holdback to its contractor. If the full amount of cost to complete the Tenant Allowance is not used in connection with Improvements exceeds the installation of Allowance, Landlord shall advance up to an additional Seven Hundred Forty-Seven Thousand Four Hundred Ninety and no/Dollars ($747,490.00) (the Leasehold Improvements in any Phase, Tenant may use any remaining portion of the Tenant Allowance allocable to such Phase for any future Phase“Amortized Amount”). Tenant will have no rights shall notify Landlord in writing within fifteen (15) days after receipt of a written invoice from Landlord, whether it (a) desires Landlord to use advance all or any portion of the Amortized Amount or (b) it elects to pay the amount directly to Landlord. The parties acknowledge that while Tenant is required to notify Landlord of its intent to pay the foregoing amount directly within 15 days after receipt of the written invoice, Tenant’s actual payment thereof shall not be due until thirty (30) days following receipt of the applicable invoice. Such portion of the Amortized Amount which has been advanced shall be repaid by Tenant to Landlord on a monthly basis, together with Base Rent, as additional rent, in an amount equal to the amount of the Amortized Amount which has been advanced, amortized over a ten (10) year term, with interest accruing at nine percent (9%) per annum. Tenant shall execute an amendment to this Lease or an acknowledgment of the Amortized Amount within fifteen (15) days after receipt of a written statement from Landlord, together with reasonable supporting documentation. Any costs to complete the Tenant Improvements in excess of Three Million Seven Hundred Thirty-Seven Thousand Four Hundred Fifty and no/Dollars ($3,737,450.00) (which is the sum of the Allowance which remains unused and the Amortized Amount), shall be paid by Tenant to Landlord within thirty (30) days after completion receipt of all Phases (including the Expansion Premisesa written invoice, for so long as Tenant has rights thereto under this Lease)together with reasonable supporting documentation.