Common use of Tenant Allowances Clause in Contracts

Tenant Allowances. Tenant shall be entitled to a one-time tenant improvement allowance (the “General Allowance”) in the amount of Sixty-Five Dollars ($65.00) for each rentable square foot of the Premises (i.e., $9,759,815.00) for the costs relating to the initial design (including consultant and project management fees), permitting and construction of Tenant’s improvements which are affixed to the Premises (collectively, the “Tenant Improvements”) and for the “Tenant Improvement Allowance Items,” as that term is defined in Section 2.2(a) below, plus a one-time demolition allowance (the “Demolition Allowance”) in the amount of Five Dollars ($5.00) for each rentable square foot of the Premises (i.e., $750,755.00) only for the costs relating to the demolition of existing improvements, plus a one-time bathroom upgrade allowance (the “Restroom Allowance”) in the amount of One Dollar ($1.00) for each rentable square foot of the Premises (i.e., $150,151.00) only for the costs relating to any upgrades required to the restrooms within the Building when upgrades are required to cause the same to be compliance with applicable Laws. The General Allowance, Demolition Allowance and Restroom Allowance shall collectively be referred to herein as the “Tenant Improvement Allowance”. In no event shall Landlord be obligated to make disbursements pursuant to this Tenant Work Letter in a total amount which exceeds the Tenant Improvement Allowance except as expressly provided in this Work Letter. Tenant shall have no claim for any Tenant Improvement Allowance, and Landlord shall have no obligation to reimburse Tenant for any Tenant Improvement costs, that have not been requested in writing by the date which is twenty-four (24) months following the Delivery Date.

Tenant Allowances. (A) Landlord shall provide to Tenant an allowance equal to the product of (i) $28.00 and (ii) the Total Rentable Floor Area of the Premises (the "Tenant Improvement Allowance"). The Tenant Improvement Allowance shall be used and applied by Tenant solely on account of the cost of the Tenant Improvement Work. For the purposes hereof, the costs to which the Tenant Improvement Allowance may be applied hereunder shall include the cost of leasehold improvements but not the cost of any of Tenant's personal property, trade fixtures or trade equipment or any so-called soft costs; provided, however, that a portion of the Tenant Improvement Allowance in an amount not to exceed the product of (x) $5.00 and (y) the Rentable Floor Area of the Premises may be applied towards the costs incurred by Tenant (as evidenced by paid invoices or receipts submitted by Tenant to Landlord) in preparing architectural and engineering plans in connection with the Tenant Improvement Work and in installing wiring and cabling for Tenant's telecommunications equipment in the Premises. In addition, Landlord shall provide to Tenant (i) an allowance of Two Hundred Fifty Thousand and 00/100 Dollars ($250,000.00) (the "Restroom Allowance") to be used solely towards the costs of upgrades (including, without limitation, upgrades necessary to comply with the applicable provisions of the Americans With Disabilities Act (the "ADA")) to the existing restrooms in the Premises and the construction of a new restroom on the first floor of Building C (the "Restroom Work") as part of the Tenant Improvement Work and (ii) an allowance of Fifty Thousand and 00/100 Dollars ($50,000.00) (the "Water Fountain and Fire Alarm Allowance") to be used solely towards the costs of installing ADA-compliant water fountains and fire alarm strobes in the Premises (the "Water Fountain and Fire Alarm Work") as part of the Tenant Improvement Work. In connection therewith, it is understood and agreed that (x) the Restroom Allowance may be applied solely towards the cost of the Restroom Work and the Water Fountain and Fire Alarm Allowance may be applied solely towards the cost of the Water Fountain and Fire Alarm Work, and (y) to the extent Tenant does not fully utilize the Restroom Allowance and/or the Water Fountain and Fire Alarm Allowance, as the case may be, Tenant shall not be entitled to apply any unused portions of the applicable allowance towards the costs of any other portion of the Tenant Improvement Work nor shall Tenant be entitled to any credit on account thereof; provided, however, that notwithstanding the foregoing, Tenant shall be entitled to a one-time tenant improvement allowance (the “General Allowance”) in the amount of Sixty-Five Dollars ($65.00) for each rentable square foot apply any unused portions of the Premises (i.e., $9,759,815.00) for Water Fountain and Fire Alarm Allowance towards the costs relating to the initial design (including consultant and project management fees), permitting and construction of Tenant’s improvements which are affixed to the Premises (collectively, the “Tenant Improvements”) and for the “Tenant Improvement Allowance Items,” as that term is defined in Section 2.2(a) below, plus a one-time demolition allowance (the “Demolition Allowance”) in the amount of Five Dollars ($5.00) for each rentable square foot cost of the Premises (i.e., $750,755.00) only for the costs relating to the demolition of existing improvements, plus a one-time bathroom upgrade allowance (the “Restroom Allowance”) in the amount of One Dollar ($1.00) for each rentable square foot of the Premises (i.e., $150,151.00) only for the costs relating to any upgrades required to the restrooms within the Building when upgrades are required to cause the same to be compliance with applicable LawsWork. The General Allowance, Demolition Allowance and Restroom Allowance shall collectively be referred to herein as the “Tenant Improvement Allowance”. In no event shall Landlord be obligated to make disbursements pursuant to this Tenant Work Letter in a total amount which exceeds the Tenant Improvement Allowance except as expressly provided in this Work Letter. Tenant shall have no claim for any Tenant Improvement Allowance, the Restroom Allowance and the Water Fountain and Fire Alarm Allowance are hereinafter referred to collectively as the "Tenant Allowances." (B) Landlord shall pay within thirty (30) days after receipt of a complete requisition (as hereinafter defined) submitted by Tenant to Landlord the requested portion(s) of the Tenant Allowances as set forth on such requisition either to Tenant or, at Tenant's election, directly to the contractors, vendors and other service providers performing the Tenant Improvement Work as Tenant may designate or request, until the entirety of Tenant Allowances have been applied towards the appropriate components of the Tenant Improvement Work as set forth in subsection (A) above. For the purposes hereof, a "requisition" shall mean written documentation, together with (i) an AIA requisition form with respect to work performed pursuant to Tenant's construction contract with its general contractor, (ii) invoices from Tenant's service providers, showing in reasonable detail the cost of the item in question or of the improvements installed to date in the Premises, (iii) lien waivers in the form attached hereto as Exhibit F-1 (provided that Tenant shall not be required to deliver any lien waivers with respect to any items of work covered by Tenant's first requisition for the Tenant Allowances to the extent Tenant had not paid the service provider(s) at issue prior to the date of such requisition, but Tenant shall deliver the lien waivers and evidence of payment in full of the items of work covered by such first requisition within twenty-one (21) days following the disbursement of the Tenant Allowances with respect to such first requisition) and (iv) certifications from Tenant that the amount of the requisition in question does not exceed the cost of the items, services and work covered by such certification. In the event that any portions of the Tenant Allowances reflected on a particular requisition are to be funded directly to Tenant, as Tenant may designate or request, such requisition shall be accompanied by evidence reasonably satisfactory to Landlord that the items, services and work covered by such requisition have been fully paid by Tenant. Landlord shall have the right, upon reasonable advance notice to Tenant, to inspect Tenant's books and records relating to each requisition in order to verify the amount thereof. Tenant shall submit requisition(s) no obligation more often than monthly. Notwithstanding anything contained herein to reimburse Tenant for any Tenant Improvement costs, that have not been requested in writing by the date which is twenty-four (24) months following the Delivery Date.contrary:

Tenant Allowances. X. Xxxxxxxx agrees to pay to Tenant shall be entitled (or credit against invoices therefor) an allowance in an amount not to a one-time tenant improvement allowance (the “General Allowance”) in the amount of exceed Two Million Four Hundred Sixty-Two Thousand Seven Hundred Seventy-Five and No/100 Dollars ($65.002,462,775.00) for each (the "Tenant Improvement Allowance") (calculated by multiplying $37.50 by 65,674, being the number of rentable square foot feet in the Premises) to be applied toward payment or reimbursement of costs incurred by Tenant in connection with alterations, additions and improvements made to the Premises pursuant to the Work Letter attached hereto as Exhibit C, including costs incurred by Tenant in connection with the preparation of architectural, mechanical, electrical and plumbing drawings for such work (but excluding furnishings, equipment and personal property purchased by Tenant), and such other costs incurred by Tenant in connection with improvements for the Premises for initial occupancy as are approved by and satisfactory to Landlord (Landlord hereby expressly approving the application of up to $492,555.00 of the Tenant Improvement Allowance toward the cost of telephone and computer cabling and consulting costs related thereto). Landlord and Tenant agree that up to $821,137.50 of the Tenant Improvement Allowance shall be made available in connection with the improvement of Area A, and up to $1,641,637.50 shall be made available in connection with the improvement of Area B. B. The foregoing Tenant Improvement Allowance is for Tenant personally and may not be applied or used for the benefit of any subtenant approved by Landlord nor will such allowance inure to the benefit of any permitted assignee of Tenant. It shall be a condition to the application of any such Tenant Improvement Allowance that Tenant not be in default under any terms, covenants and conditions of this Lease at any time such any of allowance is requested. The Tenant Improvement Allowance is applicable only in connection with the initial preparation of the Premises for occupancy. In the event that Tenant causes any work to be performed by any contractor or furnished by a supplier other than those engaged by Landlord, it shall be a condition of Landlord's obligation to pay the Tenant Improvement Allowance to Tenant that Tenant shall provide to Landlord contractor's affidavits and waivers of lien covering all labor and materials expended and used, and invoices reasonably acceptable to Landlord establishing the actual cost of and full payment for all items purchased with such allowance. C. So long as Tenant has expended at least Two Million One Hundred Thirty-Four Thousand Four Hundred Five and No/100 Dollars (i.e.$2,134,405.00) of the Tenant Improvement Allowance toward the work described in the Work Letter (exclusive of design, $9,759,815.00) for the costs relating to the initial design (including consultant architectural and project management engineering fees), permitting and construction Landlord agrees, upon written request of Tenant’s improvements which are affixed , and provided Tenant is not in default under any of the terms, covenants or conditions of this Lease, to credit up to $328,370.00 of any unused portion of the Premises (collectively, the “Tenant Improvements”) and for the “Tenant Improvement Allowance Items,” as that term is defined to the Base Rent payable hereunder by evenly amortizing such unused portion over the remainder of the initial Term hereof and reducing the monthly installments of Base Rent set forth in Section 2.2(a) below, plus a one-time demolition allowance (Exhibit B hereof by such amortized amount. D. In the “Demolition Allowance”) event the cost of the Work described in the amount of Five Dollars ($5.00) for each rentable square foot of the Premises (i.e., $750,755.00) only for the costs relating to the demolition of existing improvements, plus a one-time bathroom upgrade allowance (the “Restroom Allowance”) in the amount of One Dollar ($1.00) for each rentable square foot of the Premises (i.e., $150,151.00) only for the costs relating to any upgrades required to the restrooms within the Building when upgrades are required to cause the same to be compliance with applicable Laws. The General Allowance, Demolition Allowance and Restroom Allowance shall collectively be referred to herein as the “Tenant Improvement Allowance”. In no event shall Landlord be obligated to make disbursements pursuant to this Tenant Work Letter in a total amount which exceeds the Tenant Improvement Allowance, Landlord hereby agrees to advance to Tenant, at Tenant's request, an additional amount (the "Additional Allowance") not to exceed Three Hundred Twenty-Eight Thousand Three Hundred Seventy and No/100 Dollars ($328,370.00) on the same terms as the Tenant Improvement Allowance; provided, however, Tenant shall repay the Additional Allowance except (or so much thereof as expressly provided in this Work Letterhas been drawn upon by Tenant) to Landlord, as additional monthly Base Rent, amortizing with interest at the rate of ten percent (10%) per annum compounded monthly, from the date or dates of disbursement by Landlord through the Termination Date of the initial Term. Tenant shall have no claim for any Tenant Improvement Allowance, promptly execute and deliver such amendment to the Lease as Landlord shall have no obligation prepare to reimburse Tenant for confirm such repayment in the form of a revision to the Base Rent schedule set forth in Exhibit B attached hereto. In the event all or any Tenant Improvement costs, that have portion of the Additional Allowance has not been requested in writing drawn by the date which is twenty-four (24) months following the Delivery DateJune 30, 2002, such unused portion shall no longer be available for use by Tenant nor shall Tenant receive any credit therefor.

Tenant Allowances. (a) Except as hereinafter provided and provided that Tenant has not elected to exercise its option to reduce the Term so that the Expiration Date is November 30, 2019 in accordance with Section 3(e)(ii) above, Landlord shall be entitled make available to a one-time tenant improvement Tenant an allowance equal to $10.00 per square foot of Rentable Area of the Premises excluding the First Floor Premises (the “General Future Allowance”) to be used solely to reimburse Tenant for the cost of all leasehold improvements made by Tenant for any space under lease by Tenant in the amount of Sixty-Five Dollars ($65.00) for each rentable square foot Aspen Lake One, Tower Point or Tower of the Premises (i.e.Hills, $9,759,815.00) for the including, but not limited to, permitting expenses, building standard improvements, all costs relating to the initial design architectural and engineering services, and a one percent (including consultant 1%) construction management fee payable to Landlord for plan review and project management fees), permitting and construction of other necessary coordination between Tenant’s improvements which are affixed to contractor and the Premises (collectively, the “Tenant Improvements”Landlord) and for the “Tenant Improvement Allowance Items,” as that term is defined in Section 2.2(a) below, plus a one-time demolition allowance (the “Demolition AllowanceQualified Expenses”); provided, however, at least twenty percent (20%) in the amount of Five Dollars ($5.00) for each rentable square foot of the Premises (i.e.Future Allowance may only be utilized by Tenant for Qualified Expenses incurred by Tenant after December 1, $750,755.00) only for the costs relating to the demolition of existing improvements2019 but before November 30, plus a one-time bathroom upgrade allowance (the “Restroom Allowance”) in the amount of One Dollar ($1.00) for each rentable square foot of the Premises (i.e., $150,151.00) only for the costs relating to any upgrades required to the restrooms within the Building when upgrades are required to cause the same to be compliance with applicable Laws. The General Allowance, Demolition Allowance and Restroom Allowance shall collectively be referred to herein as the “Tenant Improvement Allowance”. In no event shall Landlord be obligated to make disbursements pursuant to this Tenant Work Letter in a total amount which exceeds the Tenant Improvement Allowance except as expressly provided in this Work Letter2020. Tenant shall have no claim for any Tenant Improvement Allowance, hereby acknowledges and agrees that Landlord shall have no obligation to make the Future Allowance available, or to pay any portion of the Future Allowance, to Tenant if Tenant exercises its option in accordance with Section 3(e)(ii) above to reduce the Term so that the Expiration Date is November 30, 2019 and therefore, any Qualified Expenses, whether incurred by Tenant prior to or after such exercise, shall not be payable to Tenant if Tenant exercises its option to reduce the Term. Further, Tenant hereby acknowledges and agrees that Landlord shall have no obligation to make the Future Allowance available, or to pay any portion of the Future Allowance, to Tenant with respect to Suite 350 if Tenant exercises its option in accordance with Section 3(e)(i) above to terminate its obligations with respect to Suite 350 and therefore, any Qualified Expenses with respect to Suite 350, whether incurred by Tenant prior to or after such exercise, shall not be payable to Tenant if Tenant exercises its option to terminate its obligations with respect to Suite 350. All leasehold improvements must be made in accordance with, and subject to, the terms and conditions of the Work Letter attached to the Lease as Exhibit D, except all references therein to the Premises shall be deemed references to the portion of the Premises to which the tenant improvements are being made and the amount of the Allowance shall be the portion of the Future Allowance then remaining. The Future Allowance shall be disbursed in accordance with Exhibit D attached to the Lease; provided, however, for Qualified Expenses incurred by Tenant on or before December 1, 2019, Landlord shall not be obligated to pay any portion of the Future Allowance to Tenant prior to December 1, 2019, and such Future Allowance may be applied by Tenant to reimbursements of such Qualified Expenses paid for by Tenant on or before December 1, 2019. Any unused portion of the Future Allowance remaining as of May 31, 2020 shall inure solely to the benefit of Landlord, and Tenant shall have no rights to any credit, offset, abatement or payment with respect thereto. (b) Tenant shall construct leasehold improvements and tenant finish (“Tenant’s First Floor Work”) to the First Floor Premises in accordance with, and subject to, the terms and conditions of the Work Letter attached to the Lease as Exhibit D, except all references therein to the Premises shall be deemed references to the First Floor Premises and the amount of the Allowance shall be as set forth below. Notwithstanding the foregoing, Tenant’s First Floor Work shall be deemed to include work done to the Surrender Premises and Suite 100, 178 and 180 of the Original Premises. (c) Landlord shall make available to Tenant an allowance of Seventy Thousand One Hundred Forty and 0/100 Dollars ($70,140) (the “Allowance”) to be used solely to reimburse Tenant for the Qualified Expenses incurred by Tenant in connection with Tenant’s First Floor Work, the actual cost of any Tenant Improvement costscabling for the First Floor Premises, that have not been requested and moving expenses with respect to the First Floor Premises. The allowance shall be disbursed in writing by accordance with Exhibit D attached to the date which is twenty-four Lease. Any unused portion of the Allowance remaining as of six (246) months following the Delivery Datedelivery of the First Floor Premises to Tenant for the construction of leasehold improvements, shall inure solely to the benefit of Landlord, and Tenant shall have no rights to any credit, offset, abatement or payment with respect thereto. (d) The Tenant Representative set forth in Exhibit D attached to the Lease shall be changed to: LDR Spine USA, Inc. 00000 Xxxxxxxx Xxxx. - Xxxxx 000 Xxxxxx, Xxxxx 00000 Attention: Xxxxx Xxxxxxx 000-000-0000 (P) 512-344-3350 (F) (e) The Landlord Representative set forth in Exhibit D attached to the Lease shall be changed to: FPG Aspen Lake Owner, LP 00000 Xxxxxxxx Xxxx., Xxxxx 000 Xxxxxx, XX 00000 Attention: Xxxx St. Xxxxx 512-219-0740 (P) 000-000-0000 (F) (f) Entry into the First Floor Premises by Tenant, any assignees claiming by, through, or under Tenant, any subtenants claiming by, through, or under Tenant, and any of their respective agents, contractors, officers, employees, licensees, guests and invitees prior to the First Floor APCD shall be subject to all of the provisions of the Lease, as amended by this Amendment, other than the payment of Base Rent.

Tenant Allowances. 8.1. Landlord shall provide to Tenant shall be entitled to (i) a one-time tenant improvement allowance (the “Tenant’s General Allowance”) in the amount of Sixty-Five Dollars sums expended by Tenant on Tenant’s initial permanent leasehold improvements in the demised premises ($65.00) for each rentable square foot of the Premises (i.e., $9,759,815.00) for the costs relating to the initial design (including consultant and project management fees“Tenant’s General Work”), permitting but in no event greater than $2,687,300.00; and construction of (ii) a second tenant improvement allowance (“Tenant’s improvements which are affixed to the Premises (collectively, the “Tenant Improvements”) and for the “Tenant Improvement Allowance Items,” as that term is defined in Section 2.2(a) below, plus a one-time demolition allowance (the “Demolition Lavatory Allowance”) in the amount of Five Dollars ($5.00) for each rentable square foot sums expended by Tenant on Tenant’s upgrading of the Premises men’s and women’s lavatories in the demised premises in compliance with the provisions of the Americans With Disabilities Act of 1990 and any municipal laws, ordinances and rules of like import, and any regulations adopted and amendments promulgated pursuant to any of the foregoing (i.e.“Tenant’s Lavatory Work”), but in no event greater than $750,755.00300,000.00. No more than fifteen percent (15%) only of Tenant’s General Allowance and Tenant’s Lavatory Allowance shall be applied to Soft Costs (hereinafter defined). Such Tenant’s General Allowance and Tenant’s Lavatory Allowance shall be made in Pro Rata Installments (hereinafter defined) within thirty (30) days of Tenant’s request for payment, but in no event more than once per month, and shall be given to Tenant upon satisfaction of the following conditions with respect to each such request for payment: (a) Tenant shall have delivered to Landlord a completed requisition for payment, signed and certified as true by Tenant and by Tenant’s architect, stating the amount requested for payment, which shall include an itemized breakdown of the costs and expenses incurred by Tenant, stating the percentage of Tenant’s General Work or Tenant’s Lavatory Work that has been completed, and shall indicate a minimum of ten (10%) percent retainage of payments by Tenant to its contractors (it being understood that any request for payment hereunder shall not be on account of such required retainage) accompanied by copies of invoices, bills or receipts (or other evidence reasonably satisfactory to Landlord) for the costs relating with respect to which such request for payment is being made; (b) such Tenant’s General Work and Tenant’s Lavatory Work shall have been completed in accordance with plans and specifications approved by Landlord and otherwise in accordance with the demolition Lease (including, without limitation, in accordance with the terms and conditions of existing improvements, plus a one-time bathroom upgrade allowance (the “Restroom Allowance”) in the amount of One Dollar ($1.00) for each rentable square foot Article 6 of the Premises Lease) and such completion shall be certified by Tenant and Tenant’s architect; (i.e., $150,151.00c) only for Tenant shall not be in default under the costs relating to Lease or this Amendment beyond the expiration of any upgrades required to the restrooms within the Building when upgrades are required to cause the same to be compliance with applicable Laws. The General Allowance, Demolition Allowance notice and Restroom Allowance shall collectively be referred to herein as the “Tenant Improvement Allowance”. In no event shall Landlord be obligated to make disbursements pursuant to this Tenant Work Letter in a total amount which exceeds the Tenant Improvement Allowance except as expressly provided in this Work Letter. cure period; and (d) Tenant shall have no claim fully paid all bills for any Tenant Improvement Allowancelabor, materials and services in connection with Tenant’s General Work and Tenant’s Lavatory Work (as applicable) performed through the immediately prior request for payment of Tenant’s General Allowance or Tenant’s Lavatory Allowance (as applicable), and Tenant shall provide Landlord with (i) satisfactory evidence of payment thereof, including paid bills and cancelled checks, and (ii) executed lien waivers from all contractors and subcontractors respecting work performed. 8.2. At Tenant’s request, Landlord shall have no obligation pay any installment of Tenant’s General Allowance or Tenant’s Lavatory Allowance to reimburse Tenant’s contractors and/or vendors or jointly to Tenant and Tenant’s contractors and/or vendors. 8.3. The final Pro Rata Installment for any Tenant’s General Work or Tenant’s Lavatory Work (as applicable), which shall not be less than 10% of Tenant’s General Allowance or Tenant’s Lavatory Allowance (as applicable), shall not be paid until, in addition to satisfaction of the provisions above, Tenant Improvement costs, provides Landlord with evidence that have not been requested in writing by the date which is twentyapplicable municipal department has issued the appropriate sign-four off relating to Tenant’s General Work or Tenant’s Lavatory Work (24) months following the Delivery Dateas applicable).

Tenant Allowances. A. Tenant shall be entitled to a one-time tenant improvement an allowance in an amount not to exceed $1,342,980.00 (calculated at the “General Allowance”) in the amount rate of Sixty-Five Dollars ($65.00) for each 30.00 per rentable square foot of the Premises (i.e.Premises) to be applied toward payment or reimbursement of costs incurred by Tenant in connection with alterations, $9,759,815.00) for the costs relating to the initial design (including consultant additions and project management fees), permitting and construction of Tenant’s improvements which are affixed made to the Premises pursuant to the Work Letter attached hereto as Exhibit C, including costs incurred by Tenant in connection with the preparation of architectural, mechanical, electrical and plumbing drawings for such work (collectivelybut excluding furnishings, the “equipment and personal property purchased by Tenant), and such other costs incurred by Tenant Improvements”) and in connection with improvements for the “Premises for initial occupancy as are approved by and satisfactory to Landlord. Notwithstanding the foregoing, Tenant may apply a portion of the Tenant Improvement Allowance Items,” as that term is defined Allowance, in Section 2.2(a) below, plus a one-time demolition allowance an amount not to exceed $335,745.00 (calculated at the “Demolition Allowance”) in the amount rate of Five Dollars ($5.00) for each 7.50 per rentable square foot of the Premises Premises), toward the cost of telephone and computer cabling and consulting costs related thereto. In addition to payment to Tenant of the foregoing Tenant Improvement Allowance, Landlord further agrees at Landlord's sole cost and expense to demolish all improvements currently located on the eighteenth (i.e.18th) floor of the Building (except as provided in the Workletter attached hereto as Exhibit C), $750,755.00) only and to convert the 18th and 19th floors of the Building to the Minimum quality Standards set forth on Exhibit J attached hereto. B. The foregoing Tenant Improvement Allowance is for Tenant personally and may not be applied or used for the costs relating benefit of any subtenant approved by Landlord nor will such allowance inure to the demolition benefit of existing improvementsany permitted assignee of Tenant. It shall be a condition to the application of any such Tenant Improvement Allowance that Tenant not be in default under any terms, plus a one-covenants or conditions of this Lease at any time bathroom upgrade such any of allowance is requested. The Tenant Improvement Allowance is applicable only in connection with the initial preparation of the Premises for occupancy, it being understood that the Premises consist of two (2) floors and that the “Restroom Allowance”Work therein will be done in phases, with the Work on the eighteenth (18th) floor completed first, followed by the Work on the nineteenth (19th) floor. In the event Tenant requests application of the Tenant Improvement Allowance to any work performed by contractors hired by Tenant (rather than by Landlord), Tenant shall first provide to Landlord contractor's affidavits and waivers of lien covering all labor and materials expended and used, and invoices reasonably acceptable to Landlord establishing the actual cost of and full payment for all items purchased with such allowance. C. So long as Tenant has expended at least $895,320.00 of the Tenant Improvement Allowance (calculated at the rate of $20.00 per rentable square feet of the Premises) toward the Work described in the amount Work Letter (exclusive of One Dollar design, architectural and engineering fees), Landlord agrees, upon written request of Tenant, and provided Tenant is not in default under any of the terms, covenants or conditions of this Lease, to credit any unused portion of the Tenant Improvement Allowance, up to $223,830.00 (calculated at the rate of $1.00) for each 5.00 per rentable square foot of the Premises (i.e.Premises), $150,151.00) only for the costs relating to any upgrades required to the restrooms within Base Rent payable hereunder by evenly amortizing such unused portion over the Building when upgrades are required to cause remainder of the same to be compliance with applicable Laws. The General Allowance, Demolition Allowance initial Term hereof and Restroom Allowance shall collectively be referred to herein as reducing the “Tenant Improvement Allowance”. In no event shall Landlord be obligated to make disbursements pursuant to this Tenant Work Letter monthly installments of Base Rent set forth in a total amount which exceeds the Tenant Improvement Allowance except as expressly provided in this Work Letter. Tenant shall have no claim for any Tenant Improvement Allowance, and Landlord shall have no obligation to reimburse Tenant for any Tenant Improvement costs, that have not been requested in writing Exhibit B hereof by the date which is twenty-four (24) months following the Delivery Datesuch amortized amount.