Common use of Tenant Improvement Allowance Clause in Contracts

Tenant Improvement Allowance. Landlord shall provide to Tenant a tenant improvement allowance of One Hundred Thousand Dollars ($100,000), which Tenant may use to make improvements to the Premises (the “Refurbishment Allowance”), which shall be subject to Landlord’s approval. Landlord’s approval rights and obligations with respect to such improvements shall be consistent with the terms and conditions set forth in Section 6.1 of the Lease, and such improvements shall not include trade fixtures or personal property. The construction of any improvements, alterations or modifications of the Premises by Assignee shall be made in accordance with the provisions of Section 6.1 of the Lease. The terms and conditions of Section 2.5 of the Lease relating to the payment of the Tenant Improvement Allowance shall be applicable to payment of the Refurbishment Allowance payable hereunder, except that the second to the last sentence of Section 2.5 is hereby deleted. Tenant shall be required to incur the improvement costs and fees to be reimbursed by Landlord pursuant to the Refurbishment Allowance by October 31, 2005, and to the extent that Tenant has not incurred such improvements costs and fees by such deadline (or has not submitted invoices evidencing the expenditure of such costs and fees within sixty (60) days following such date), any unused portion of the Refurbishment Allowance shall cease to be available to Tenant for reimbursement and Landlord shall have no liability to Tenant for any costs or fees of improvements incurred by tenant after such deadline. Contrary to the terms of Section 2.6 of the Lease, Landlord may only require the removal of such improvements by Assignee if Assignee is so notified in writing at the time the improvements are consented to in writing by Landlord.

Appears in 1 contract

Sources: Lease Amendment (Cardium Therapeutics, Inc.)

Tenant Improvement Allowance. Landlord shall provide agrees to reimburse Tenant a tenant improvement allowance of One Hundred for documented costs incurred by Tenant in making the Tenant Improvements to the Original Premises and Expansion Premises in an amount not to exceed Ninety Three Thousand Dollars ($100,00093,000.00) (“Tenant Improvement Allowance”). Payment shall be made within 30 days after Tenant delivers to Landlord the following: (a) copies of invoices and receipts for work done and all sums paid for Tenant Improvements and (b) mechanics’ lien waivers executed by all of Tenant’s contractors, which Tenant may use to make improvements subcontractors and materialmen performing work in or supplying materials to the Premises on Tenant’s behalf for the Tenant Improvements. Up to Eighteen Thousand Dollars ($18,000.00) of the “Refurbishment Allowance”Tenant Improvements Allowance may be used to pay Tenants next installment of Basic Rent (and/or to pay the agreed upon interest on Landlord’s cost of money for the accelerated replacement of HVAC units # 1, #2 and #4), which until exhausted. Should Tenant’s improvement costs not equal or exceed $75,000.00, Tenant shall be subject forfeit to Landlord’s approval. Landlord’s approval rights and obligations with respect to such improvements shall be consistent with the terms and conditions set forth in Section 6.1 of the Lease, and such improvements shall not include trade fixtures or personal property. The construction of Landlord any improvements, alterations or modifications of the Premises by Assignee shall be made in accordance with the provisions of Section 6.1 of the Lease. The terms and conditions of Section 2.5 of the Lease relating to the payment of the Tenant Improvement Allowance shall be applicable to payment under $75,000.00 not utilized. Provided that Landlord is not in charge of constructing the Refurbishment Allowance payable hereunder, except that the second to the last sentence of Section 2.5 is hereby deleted. Tenant shall be required to incur the improvement costs and fees to be reimbursed by Landlord pursuant to the Refurbishment Allowance by October 31, 2005, and to the extent that Tenant has not incurred such improvements costs and fees by such deadline (or has not submitted invoices evidencing the expenditure of such costs and fees within sixty (60) days following such date), any unused portion of the Refurbishment Allowance shall cease to be available to Tenant for reimbursement and Landlord shall have no liability to Tenant for any costs or fees of improvements incurred by tenant after such deadline. Contrary to the terms of Section 2.6 of the LeaseImprovements, Landlord may only require the removal of such improvements by Assignee if Assignee is so notified in writing at the time the improvements are consented agrees not to in writing by Landlordcharge a construction management or other supervision/approval fee.

Appears in 1 contract

Sources: Lease (Inphonic Inc)

Tenant Improvement Allowance. As of September 1, 2005, Landlord shall provide Tenant with an Allowance equal to Tenant a tenant improvement allowance $10.00 per square foot of One Hundred Thousand Dollars net rentable area in the Leased Premises ($100,000218,170.00), which and Tenant shall apply such allowance to the upgrade and improvement of the Leased Premises (including but not limited to cabling and wiring of the Leased Premises) pursuant to mutually agreeable plans and specifications. Tenant shall pay Landlord promptly, as additional rental under the Lease and within thirty (30) days of being invoiced therefore, the cost of any such improvements, less the amount of such Allowance; provided, however, if Tenant has not used the entire Allowance by September 1, 2006, Tenant may elect to use up to make improvements to $3.00 per square foot of net rentable area in the Leased Premises (the “Refurbishment Allowance”), which shall be subject to Landlord’s approval. Landlord’s approval rights and obligations with respect to such improvements shall be consistent with the terms and conditions set forth in Section 6.1 $65,451.00) of the Lease, and such improvements shall not include trade fixtures or personal property. The construction of any improvements, alterations or modifications of Allowance to offset the Premises by Assignee shall be made in accordance with the provisions of Section 6.1 of Net Rental next coming due under the Lease. The terms provisions of Exhibit D to the Lease, as applicable, shall apply with respect to all improvements in the Leased Premises. Notwithstanding the foregoing, Tenant may perform all such work to the Leased Premises with a contractor approved by in advance by Landlord, provided that (i) any mechanical, electrical and conditions of Section 2.5 plumbing ("MEP") work must be approved in advance and drawn by Landlord's MEP architect, and (ii) all MEP-related work must be performed by subcontractors approved in advance by Landlord. In addition, Tenant shall pay to Landlord construction management fee equal to five percent (5%) of the Lease relating total cost of all work associated with such improvements to the payment Leased Premises. Such fee shall be paid to Landlord or Landlord's designated agent, and may be funded out of the Tenant Improvement Allowance shall be applicable to payment of the Refurbishment Allowance payable hereunderAllowance, except that the second to the last sentence of Section 2.5 is hereby deleted. Tenant shall be required to incur the improvement costs and fees to be reimbursed by Landlord pursuant to the Refurbishment Allowance by October 31, 2005, and to the extent that Tenant has not incurred such improvements costs and fees by such deadline (or has not submitted invoices evidencing the expenditure of such costs and fees within sixty (60) days following such date), any unused portion of the Refurbishment Allowance shall cease to be available to Tenant for reimbursement and Landlord shall have no liability to Tenant for any costs or fees of improvements incurred by tenant after such deadline. Contrary to the terms of Section 2.6 of the Lease, Landlord may only require the removal of such improvements by Assignee if Assignee is so notified in writing at the time the improvements are consented to in writing by Landlordavailable.

Appears in 1 contract

Sources: Lease Agreement (Lodgian Inc)

Tenant Improvement Allowance. Landlord Tenant shall provide be entitled to Tenant a tenant an improvement allowance of One Hundred Thousand Dollars ($100,000), which Tenant may use to make improvements to the Premises (the “Refurbishment "Tenant Improvement Allowance”), which ") in the amount Tenant shall be subject entitled to Landlord’s approval. Landlord’s approval rights and obligations with respect to such improvements shall be consistent with an improvement allowance (the terms and conditions set forth "Tenant Improvement Allowance") (i) in Section 6.1 the amount of $82.50 per RSF of the Lease, and such improvements shall not include trade fixtures or personal property. The construction of any improvements, alterations or modifications of Building 3 Premises for the Premises by Assignee shall be made in accordance with the provisions of Section 6.1 of the Lease. The terms and conditions of Section 2.5 of the Lease costs relating to the payment initial design and construction of the improvements which are permanently affixed to the Building 3 Premises, (ii) in the amount of $82.50 per RSF of the Building 4 Premises for the costs relating to the initial design and construction of the improvements which are permanently affixed to the Building 4 Premises, and (iii) in the amount of $82.50 per RSF of the Building A2 Premises for the costs relating to the initial design and construction of the improvements which are permanently affixed to the Building A2 Premises, (collectively, the "Tenant Improvements"). In no event shall Landlord be obligated to make disbursements pursuant to this Tenant Work Letter in the event that Tenant fails to immediately pay any portion of the "Over-Allowance Amount," as defined in Section 4.2.1, nor shall Landlord be obligated to pay a total amount which exceeds the Tenant Improvement Allowance. Notwithstanding the foregoing or any contrary provision of this Lease, all Tenant Improvements shall be deemed Landlord's property under the terms of this Lease. Any unused portion of the Tenant Improvement Allowance shall be applicable to payment remaining as of the Refurbishment Allowance payable hereunderLease Commencement Date, except that the second to the last sentence of Section 2.5 is hereby deleted. shall remain with Landlord and Tenant shall be required to incur the improvement costs and fees to be reimbursed by Landlord pursuant to the Refurbishment Allowance by October 31, 2005, and to the extent that Tenant has not incurred such improvements costs and fees by such deadline (or has not submitted invoices evidencing the expenditure of such costs and fees within sixty (60) days following such date), any unused portion of the Refurbishment Allowance shall cease to be available to Tenant for reimbursement and Landlord shall have no liability to Tenant for any costs or fees of improvements incurred by tenant after such deadline. Contrary to the terms of Section 2.6 of the Lease, Landlord may only require the removal of such improvements by Assignee if Assignee is so notified in writing at the time the improvements are consented to in writing by Landlordfurther right thereto.

Appears in 1 contract

Sources: Office Lease (Roku, Inc)

Tenant Improvement Allowance. Provided that there is not a Default of Tenant under the Lease, including this Work Letter, at the time a payment is due, Landlord shall provide to pay towards the costs of the Tenant a tenant improvement allowance Improvements, including all design, permit fees, 35654\12546889.9 B-12 06907\011\8511619.v2 06907\011\8493037.v6 Landlord project management, and costs of One Hundred Thousand Dollars constructing the Tenant Improvements ($100,000collectively, the “Tenant Improvement Costs”), which Tenant may use an amount equal to make improvements to $90.00 per square foot of the Premises Building (as determined by Architect in the Construction Documents in accordance with the method set forth in Section 4.1(e) below) (the “Refurbishment Tenant Improvement Allowance”), which except that the Tenant Improvement Allowance shall be subject used to pay only those Tenant Improvement Costs that are considered under generally accepted accounting principles to be capital expenditures related to real property (but not to personal property or trade fixtures), which costs may include permit fees, design fees, project management, and costs of constructing the Tenant Improvements. Additionally, and in no way limiting the foregoing restrictions on the use of the Tenant Improvement Allowance, Tenant shall pay directly the costs of any architects, engineers and other design professionals that Tenant directly engages. Except as expressly set forth herein, Landlord’s approval. Landlord’s approval rights and obligations with respect to such improvements shall be consistent with the terms and conditions set forth in Section 6.1 of the Lease, and such improvements shall not include trade fixtures or personal property. The construction of any improvements, alterations or modifications of the Premises by Assignee shall be made in accordance with the provisions of Section 6.1 of the Lease. The terms and conditions of Section 2.5 of the Lease relating to the payment of the Tenant Improvement Allowance or the Tenant Improvement Costs (if such amount is less than the Tenant Improvement Allowance), shall be applicable satisfy in full Landlord’s obligation to payment of pay the Refurbishment Tenant Improvement Allowance payable hereunder, except that the second to the last sentence of Section 2.5 is hereby deleted. Tenant shall be required to incur the improvement costs and fees to be reimbursed by Landlord pursuant to the Refurbishment Allowance by October 31, 2005, and to the extent that Tenant has not incurred such improvements costs and fees by such deadline (or has not submitted invoices evidencing the expenditure of such costs and fees within sixty (60) days following such date), any unused portion of the Refurbishment Allowance shall cease to be available to Tenant for reimbursement and Landlord shall have no liability not be obligated to Tenant make any payment for any costs subsequent alterations or fees of improvements incurred by tenant after such deadline. Contrary to the terms of Section 2.6 of Premises whether or not the Lease, Landlord may only require entire Tenant Improvement Allowance was expended on the removal of such improvements by Assignee if Assignee is so notified in writing at the time the improvements are consented to in writing by Landlordinitial Tenant Improvements.

Appears in 1 contract

Sources: Lease (Penumbra Inc)

Tenant Improvement Allowance. Landlord shall provide to Provided Tenant a tenant improvement allowance of One Hundred Thousand Dollars ($100,000), which Tenant may use to make improvements to the Premises (the “Refurbishment Allowance”), which shall be subject to Landlord’s approval. Landlord’s approval rights and obligations with respect to such improvements shall be consistent with the terms and conditions set forth is not in Section 6.1 default of the Lease, is open for business to the public, and such improvements shall not include trade fixtures or personal propertyhas paid the first month’s Rent, Landlord will contribute up to a maximum of $28,000.00 as a one-time allowance towards the cost of (i) preparing design and construction documents and mechanical and electrical plans for the Tenant Improvements, (ii) obtaining all necessary permits for construction of the Tenant Improvements, and (iii) hard costs of the Tenant Improvements. The construction of any improvementsAllowance shall be paid to Tenant or, alterations or modifications at Landlord’s option, to the order of the Premises general contractor that performed the Tenant Improvements, within thirty (30) days following receipt by Assignee Landlord of (1) Tenant’s request for disbursement, (2) receipted bills covering all labor and materials expended and used in the Tenant Improvements (or, if payment is being made to the general contractor, bills marked “approved” by Tenant); (3) full and final waivers of lien; and (4) and any other reasonable information required by Landlord for such work. Any costs in excess of the Allowance shall be made the sole responsibility of Tenant. If Tenant does not submit a request for payment of the entire Allowance to Landlord in accordance with the provisions of Section 6.1 of the Lease. The terms and conditions of Section 2.5 of the Lease relating to the payment of the Tenant Improvement Allowance shall be applicable to payment of the Refurbishment Allowance payable hereunder, except that the second to the last sentence of Section 2.5 is hereby deleted. Tenant shall be required to incur the improvement costs and fees to be reimbursed contained herein by Landlord pursuant to the Refurbishment Allowance by October March 31, 2005, and to 2017 (the extent that Tenant has not incurred such improvements costs and fees by such deadline (or has not submitted invoices evidencing the expenditure of such costs and fees within sixty (60) days following such date“Outside Date”), any unused portion of the Refurbishment Allowance amount shall cease to be available to Tenant for reimbursement and Landlord shall have no liability to Tenant for any costs or fees of improvements incurred by tenant after such deadline. Contrary accrue to the terms sole benefit of Section 2.6 of the LeaseLandlord, Landlord may only require the removal of such improvements by Assignee if Assignee is so notified it being understood that Tenant shall not be entitled to any credit, abatement or other concession in writing at the time the improvements are consented to in writing by Landlordconnection therewith.

Appears in 1 contract

Sources: Retail Lease (La Rosa Holdings Corp.)

Tenant Improvement Allowance. Landlord Tenant shall provide be entitled to Tenant a one-time tenant improvement allowance (the “Tenant Improvement Allowance”) in the amount of One Hundred Seventy-One Thousand Five Hundred Twenty-Five Dollars ($100,000171,525.00) for the costs relating to the initial design (including consultant and project management fees), permitting and construction of Tenant’s improvements which Tenant may use to make improvements are affixed to the Premises (the “Refurbishment Allowance”)Expansion Premises, which shall be improvements may include glass entry doors to the Expansion Premises which doors may include an etching of Tenant’s corporate logo, subject to Landlord’s approval. Landlord’s approval rights reasonable consent (collectively, the “Tenant Improvements”) and obligations with respect to such improvements shall be consistent with for the terms and conditions set forth “Tenant Improvement Allowance Items,” as that term is defined in Section 6.1 of the Lease, and such improvements 1.2(a) below. In no event shall not include trade fixtures or personal property. The construction of any improvements, alterations or modifications of the Premises by Assignee shall Landlord be made obligated to make disbursements pursuant to this Tenant Work Letter in accordance with the provisions of Section 6.1 of the Lease. The terms and conditions of Section 2.5 of the Lease relating to the payment of a total amount which exceeds the Tenant Improvement Allowance shall be applicable to payment of the Refurbishment Allowance payable hereunder, except that the second to the last sentence of Section 2.5 is hereby deletedAllowance. Tenant shall be required to incur the improvement costs and fees to be reimbursed by Landlord pursuant to the Refurbishment Allowance by October 31have no claim for any Tenant Improvement Allowance, 2005, and to the extent that Tenant has not incurred such improvements costs and fees by such deadline (or has not submitted invoices evidencing the expenditure of such costs and fees within sixty (60) days following such date), any unused portion of the Refurbishment Allowance shall cease to be available to Tenant for reimbursement and Landlord shall have no liability obligation to reimburse Tenant for any costs or fees of improvements incurred Tenant Improvement costs, that have not been requested by tenant after such deadlineDecember 31, 2012. Contrary Notwithstanding anything in this Lease to the terms of Section 2.6 contrary, if any barrier removal work or other work is required to the Building, the Common Areas or the Project under the ADA as a result of the Leaseconstruction of the Tenant Improvements, then such work shall be the sole responsibility of Landlord may only require and the removal costs thereof shall not be included in the cost of such improvements by Assignee if Assignee is so notified in writing at the time the improvements are consented to in writing by LandlordTenant Improvements.

Appears in 1 contract

Sources: Lease Agreement (Callidus Software Inc)

Tenant Improvement Allowance. Landlord Lessor shall provide to Tenant a tenant improvement allowance (“TI Allowance”) in the amount of Eighty-One Thousand Four Hundred Thousand Fifty-Six Dollars ($100,00081,456.00) which shall be available to Lessee upon mutual execution of this Second Amendment. Any such improvements shall constitute Alterations under the Lease and shall therefore be subject to all requirements of Paragraph 7.3(b). Notwithstanding the foregoing, which Tenant may use to make any such improvements to the Premises (the “Refurbishment Allowance”)shall require Lessor’s consent, which shall not be subject to Landlord’s approvalunreasonably withheld. Landlord’s approval rights and obligations with respect to such improvements Lessee shall be consistent with initially pay the terms and conditions set forth in Section 6.1 costs of the Leaseimprovements. Upon Lessee completing and paying for such improvements, Lessee shall submit to Lessor invoices reflecting the costs incurred by Lessee in connection with such improvements, and such improvements shall also submit (if applicable to the subject improvements) all drawings and plans, city-issued permits, proofs of payment with contract waivers, contractor and subcontractor logs, final signed inspection cards, as well as a final recorded notice of completion (if applicable to the subject improvements), along with any other documents reasonably requested by Lessor. Within thirty (30) days after receiving all documentation, Lessor shall credit Lessee’s monetary obligations under the Lease in the amount paid by Lessee up to the amount of the TI Allowance. Lessee shall not include trade fixtures or personal property. The construction of any improvements, alterations or modifications of the Premises by Assignee shall be made in accordance with the provisions of Section 6.1 of the Lease. The terms and conditions of Section 2.5 of the Lease relating to the payment of the Tenant Improvement Allowance shall be applicable to payment of the Refurbishment Allowance payable hereunder, except that the second to the last sentence of Section 2.5 is hereby deleted. Tenant shall be required to incur restore any of the improvement costs and fees to be reimbursed by Landlord Alterations made pursuant to the Refurbishment Allowance this Section that have been constructed, or will be constructed, per plans approved by October 31Lessor. Lessee shall be responsible, 2005at Lessee’s sole cost and expense, and for complying with disability access laws (including but not limited to the extent that Tenant has not incurred such improvements costs and fees by such deadline (or has not submitted invoices evidencing the expenditure of such costs and fees within sixty (60ADA) days following such date), in connection with any unused portion of the Refurbishment Allowance shall cease to be available to Tenant for reimbursement and Landlord shall have no liability to Tenant for any costs or fees of improvements incurred by tenant after such deadline. Contrary to the terms of Section 2.6 of the Alterations under this Lease, Landlord may only require including the removal of such tenant improvements by Assignee if Assignee is so notified in writing at the time the improvements are consented to in writing by Landlord.described herein. ​

Appears in 1 contract

Sources: Lease (GLAUKOS Corp)

Tenant Improvement Allowance. Landlord shall provide agrees to Tenant a tenant improvement allowance of One Hundred Thousand reimburse up to Twenty and 00/100 Dollars ($100,000), which Tenant may use to make improvements to 20.00) per usable square foot contained in the Premises (the “Refurbishment Allowance”) toward the hard construction cost of completion of the Tenant’s Construction excluding cost of permits, bond premiums (if any), which shall be Certificate of Occupancy, architect’s fees and all other soft costs of such construction. Landlord will fund the Allowance to Tenant upon completed work certified by Tenant’s architect as being compete and subject to inspection by and approval of Landlord or its representative within ten (10) days after the latest to occur of (I) delivery from Tenant to Landlord of a Certificate of Occupancy for the Premises, (ii) approval of draw requests by Tenant and Landlord’s approval. Landlord’s approval rights , and obligations with respect to such improvements shall be consistent with the terms and conditions set forth in Section 6.1 (iii) proof of payment by Tenant of the Lease, and such improvements shall not include trade fixtures or personal propertysum Tenant seeks from Landlord in reimbursement. The construction of any improvements, alterations or modifications of the Premises by Assignee No final payment shall be made in accordance unless a final release of lien has been provided by Tenant’s general contractor with a final contractor’s affidavit of substantial completion and a Certificate of Occupancy by all applicable governmental authorities. If the provisions of Section 6.1 cost to complete the Tenant’s Construction is less than the amount of the Lease. The terms Allowance, the undisbursed portion thereof shall not be held by Landlord as a credit to Tenant against the Rent coming due under this Lease and conditions of Section 2.5 of Tenant shall have no further right, title or interest in the Lease relating to the payment of the Tenant Improvement Allowance shall be applicable to payment of the Refurbishment Allowance payable hereunder, except that the second to the last sentence of Section 2.5 is hereby deletedAllowance. Tenant shall be required to incur responsible for all cost and expense in connection with the improvement costs construction and fees to be reimbursed by Landlord pursuant to completion of Tenant’s Construction, except for the Refurbishment Allowance by October 31, 2005, and to the extent that Tenant has not incurred such improvements costs and fees by such deadline (or has not submitted invoices evidencing the expenditure of such costs and fees within sixty (60) days following such date), any unused portion amount of the Refurbishment Allowance shall cease to be available to Tenant for reimbursement and Landlord shall have no liability to Tenant for any costs or fees of improvements incurred by tenant after such deadline. Contrary to the terms of Section 2.6 of the Lease, Landlord may only require the removal of such improvements by Assignee if Assignee is so notified in writing at the time the improvements are consented to in writing by LandlordAllowance.

Appears in 1 contract

Sources: Lease Agreement (Bancshares of Florida Inc)

Tenant Improvement Allowance. Landlord shall Lessor will provide to Lessee with a Tenant a tenant improvement allowance of One Hundred Thousand Dollars $206,811 .00/RSF ($100,000), which the "Tenant may use to make improvements Improvement Allowance") as a contribution toward the cost (the "Construction Costs") of completing the Initial Tenant Improvements to the Premises Premises. The Construction Costs shall equal the sum of all actual costs (the “Refurbishment Allowance”), all of which shall be subject to Landlord’s approvaldocumented and verifiable) incurred by Lessor in connection with the construction of the Initial Tenant Improvements. Landlord’s approval rights and obligations with respect to such improvements All Construction Costs shall be at prices that are consistent with arms' length market rates, and Lessor shall complete the terms and conditions set forth in Section 6.1 Initial Tenant Improvements using qualified subcontractors, all of whom shall be competitively bid, with the contracts being awarded to the lowest qualified bidder unless otherwise agreed by Lessee. Prior to beginning construction on the Initial Tenant improvements, Lessor agrees to provide Lessee with projections of the LeaseConstruction Costs, and such improvements shall not include trade fixtures or personal propertyto periodically update the same. The construction of any improvementsConstruction Costs, alterations or modifications of the Premises by Assignee shall be made in accordance with the provisions of Section 6.1 of the Lease. The terms and conditions of Section 2.5 of the Lease relating to the payment excess of the Tenant Improvement Allowance Allowance, plus a fee equal to ten percent (10%) of the Construction Costs (exclusive of engineering, design and other "soft" costs) and Lessor's general condition costs (as set forth in the addendum attached hereto which shall not be in excess of general conditions costs reasonable and customary for the work being performed) shall be applicable paid by Lessee to payment of the Refurbishment Allowance payable hereunder, except that the second to the last sentence of Section 2.5 is hereby deleted. Tenant shall be required to incur the improvement costs and fees to be reimbursed by Landlord pursuant to the Refurbishment Allowance by October 31, 2005, and to the extent that Tenant has not incurred such improvements costs and fees by such deadline Lessor within fifteen (or has not submitted invoices evidencing the expenditure of such costs and fees within sixty (601 5) days following such date), any unused portion after receipt of the Refurbishment Allowance shall cease an invoice from Lessor together with reasonable substantiating documentation reasonably acceptable to be available to Tenant for reimbursement and Landlord shall have no liability to Tenant for any costs or fees of improvements incurred by tenant after such deadline. Contrary to the terms of Section 2.6 of the Lease, Landlord may only require the removal of such improvements by Assignee if Assignee is so notified in writing at the time the improvements are consented to in writing by LandlordLessee.

Appears in 1 contract

Sources: Commercial Lease Agreement (KVH Industries Inc \De\)

Tenant Improvement Allowance. Subject to the terms hereof, Landlord shall provide to grant Tenant a tenant improvement an allowance of One Hundred Thousand Dollars up to $15,200.00 ($100,000), which the “Tenant may use Improvement Allowance”) towards the cost of performing certain improvements to make improvements be made in and to the Premises (the “Refurbishment Allowance”)by T▇▇▇▇▇, which improvements shall be subject to Landlord’s approvalprior written consent. Landlord’s approval rights and obligations with respect to All such improvements shall be consistent performed by a general contractor and subcontractors approved by Landlord and otherwise in compliance with Paragraph 12 of this Lease. Upon completion of such improvements, T▇▇▇▇▇ shall submit to Landlord a request for reimbursement for the terms and conditions set forth in Section 6.1 cost of such improvements up to the amount of the Tenant Improvement Allowance, accompanied by documentation evidencing the cost of the materials and labor performed for the improvements to the Premises and, if required by Landlord, evidence of payment of such amounts and final, unconditional lien waivers in connection therewith. Tenant shall submit its request for reimbursement to Landlord within twelve (12) months following the date of mutual execution of this Lease, and such improvements . Landlord shall not include trade fixtures or personal propertybe obligated to make any reimbursement with respect to a request received after such date. The construction of any improvements, alterations or modifications of the Premises by Assignee shall be made in accordance with the provisions of Section 6.1 of the Lease. The terms and conditions of Section 2.5 of the Lease relating to the payment Any portion of the Tenant Improvement Allowance shall be applicable to payment of the Refurbishment Allowance payable hereunder, except that the second to the last sentence of Section 2.5 is hereby deleted. not timely used by Tenant shall be required forfeited. Under no circumstances shall Landlord be obligated to incur the improvement costs and fees to be reimbursed by Landlord pursuant to the Refurbishment Allowance by October 31, 2005, and to the extent that Tenant has not incurred such improvements costs and fees by such deadline (or has not submitted invoices evidencing the expenditure of such costs and fees within sixty (60) days following such date), fund any unused portion of the Refurbishment Tenant Improvement Allowance shall cease to when an event of default occurs (or is occurring) under this Lease. The Tenant Improvement Allowance may only be available to Tenant for reimbursement used toward the cost of design and Landlord shall have no liability to Tenant for any costs or fees construction of permanent physical improvements incurred by tenant after such deadline. Contrary to the terms of Section 2.6 of the LeasePremises and may not be used for Tenant’s furniture, Landlord may only require the removal of such improvements by Assignee if Assignee is so notified in writing at the time the improvements are consented to in writing by Landlordfixtures, equipment or other personal property.

Appears in 1 contract

Sources: Industrial Lease (Dragonfly Energy Holdings Corp.)

Tenant Improvement Allowance. a. Landlord shall provide an allowance for the construction of the Tenant Improvements in an amount not to Tenant a tenant improvement allowance of One exceed Two Hundred Fifty Thousand Dollars ($100,000250,000) ("Tenant Improvement Allowance"), which . The Tenant may use to make improvements to the Premises (the “Refurbishment Allowance”), which Improvement Allowance shall only be used for Tenant Improvements defined in this Exhibit B. The Tenant Improvement Allowance shall be subject the maximum contribution by Landlord to Landlord’s approvalTenant for the Tenant Improvement Cost, as defined in Paragraph 5, below. Landlord’s approval rights and obligations with respect to such improvements shall This Tenant Improvement Allowance must be consistent with the terms and conditions set forth in Section 6.1 of the Lease, and such improvements shall not include trade fixtures or personal property. The construction of any improvements, alterations or modifications of the Premises by Assignee shall be made in accordance with the provisions of Section 6.1 of the Lease. The terms and conditions of Section 2.5 used within six (6) months of the Lease relating to Commencement Date. This time frame excludes any delays caused by weather, acts of God, strikes and government (collectively "force majeure"). Any or all of the payment remaining Tenant Improvement Allowance shall be null and void on the 1st day of the 7th month of the Lease Term. b. The Landlord shall provide Tenant with progress payments of the Tenant Improvement Allowance upon receiving the appropriate conditional lien releases and certification from a licensed architect that a progress payment can be released. Landlord shall hold a ten percent (10%) retention until receiving verification that the agreed upon Tenant Improvements have been 100% completed which shall include the Tenant providing the following information to the Landlord: 1. An original of the signed-off final permit card from the city. 2. All lien releases from the general contractor and any subcontractors. 3. A plan size copy of the final as built drawings. 4. Written documentation from the Tenant's general contractor that the Tenant Improvements have been substantially completed. Upon receiving this information, Landlord shall remit a check for the total actual Tenant Improvement Cost not to exceed the Tenant Improvement Allowance. The final retention check shall be applicable remitted to payment of the Refurbishment Allowance payable hereunder, except that the second to the last sentence of Section 2.5 is hereby deleted. Tenant shall be required to incur the improvement costs and fees to be reimbursed by Landlord pursuant to the Refurbishment Allowance by October 31, 2005, and to the extent that Tenant has not incurred such improvements costs and fees by such deadline within ten (or has not submitted invoices evidencing the expenditure of such costs and fees within sixty (6010) days following such date), any unused portion of the Refurbishment Allowance shall cease to be available to Tenant for reimbursement and Landlord shall have no liability to Tenant for any costs or fees of improvements incurred by tenant after such deadline. Contrary to the terms of Section 2.6 of the Lease, Landlord may only require the removal of such improvements by Assignee if Assignee is so notified in writing at the time the improvements are consented to in writing by Landlordreceiving all required information.

Appears in 1 contract

Sources: Lease Agreement (Natrol Inc)

Tenant Improvement Allowance. Landlord shall provide pay the cost of work to construct all Tenant a tenant improvement allowance of One Hundred Thousand Dollars ($100,000), which Tenant may use to make improvements Improvements to the Premises (extent such cost of work does not exceed an amount equal to the “Refurbishment Allowance”), which shall be subject to Landlord’s approval. Landlord’s approval rights and obligations with respect to such improvements shall be consistent with the terms and conditions applicable sum set forth in Section 6.1 Item No. 13 of the LeaseBasic Lease Provisions. Such amount shall be the "Tenant Improvement Allowance". If the actual cost of work exceeds the Tenant Improvement Allowance, Tenant shall bear the cost of such excess and shall pay the cost of such improvements excess to Landlord pursuant to Subparagraph (c) below to the extent not previously paid to Landlord. Tenant shall not include trade fixtures be entitled to any credit, abatement or personal property. The construction of any improvements, alterations or modifications of payment from Landlord in the Premises by Assignee shall be made in accordance with the provisions of Section 6.1 of the Lease. The terms and conditions of Section 2.5 of the Lease relating to the payment of event that the Tenant Improvement Allowance shall be applicable to payment exceeds the cost of the Refurbishment Allowance payable hereunderwork, except that all of such excess to remain Landlord's sole property. The following additional costs shall also be included in the second cost of the work: (i) the cost of permits and licenses, (ii) fees for the services of engineers, architects, space planners and other consultants, (iii) the fees paid to the last sentence contractor, (iv) the cost of Section 2.5 is hereby deleted. cable and other telecommunications lines installed as part of the Tenant shall be required to incur Improvements (but specifically excluding any costs in connection with the improvement costs installation of Tenant's telephone service), (v) sales and fees to be reimbursed by Landlord pursuant use taxes and Title 24 fees, (vi) the cost of any changes to the Refurbishment Allowance Plans or Tenant Improvements required by October 31applicable governmental regulations or building codes, 2005(vii) the cost of any changes in the base building or the floor of the Building on which the Premises is located (when such changes are required by the Plans or to comply with applicable governmental regulations or building codes), and to (viii) Landlord's administrative fee in the extent that Tenant has not incurred such improvements costs and fees by such deadline amount of five percent (or has not submitted invoices evidencing the expenditure of such costs and fees within sixty (605%) days following such date), any unused portion of the Refurbishment Allowance shall cease to be available to Tenant for reimbursement and Landlord shall have no liability to Tenant for any costs or fees of improvements incurred by tenant after such deadline. Contrary to the terms of Section 2.6 cost of the Lease, Landlord may only require the removal of such improvements by Assignee if Assignee is so notified in writing at the time the improvements are consented to in writing by Landlordwork.

Appears in 1 contract

Sources: Office Space Lease (Software Technologies Corp/)

Tenant Improvement Allowance. Landlord shall provide Lessor hereby grants to Tenant Lessee a tenant improvement allowance of One Hundred Seventy-Five Thousand Dollars ($100,000), which Tenant may use to make improvements to the Premises 75,000.00) (the “Refurbishment "Allowance"). If the Tenant Improvement costs exceeds the Allowance, which Lessee agrees to pay for such excess using its funds or the Lessor provided "Additional Allowance" of up to Fifty Thousand Dollars ($50,000.00). Any portion of the Additional Allowance used by Lessee shall be subject to Landlord’s approval. Landlord’s approval rights and obligations with respect to such improvements shall be consistent with amortized over the terms and conditions set forth in Section 6.1 remaining term of the Lease, lease at 7% annual increase and such improvements shall not include trade fixtures or personal propertypaid monthly as additional Base Rent. The construction of any improvements, alterations or modifications of Allowance and Additional Allowance (collectively the Premises by Assignee shall "Allowances") are to be made in accordance with the provisions of Section 6.1 of the Lease. The terms and conditions of Section 2.5 of the Lease relating to used for the payment of the cost of preparing all plans and specifications, the payment of plan check, permit and fees relating to construction of the tenant improvements, and construction of the tenant improvements. Lessor shall not charge a construction management or supervision fee for its oversight of the Tenant Improvement Allowance Improvements. The cost of the Tenant Improvements shall be applicable charged against the Allowances. In no event will the Allowances be used to payment pay for Lessee's furniture, artifacts, equipment, telephone systems or any other items of personal property or Lessee. All tenant improvements must be approved by Lessor and permitted with the Refurbishment Allowance payable hereunder, except that the second local governing authority prior to the last sentence of Section 2.5 is hereby deletedconstruction. Tenant shall be required to incur the improvement costs and fees to be reimbursed by Landlord pursuant to the Refurbishment Allowance by October 31, 2005, and to the extent that Tenant has not incurred such improvements costs and fees by such deadline (or has not submitted invoices evidencing the expenditure of such costs and fees within sixty (60) days following such date), any Any unused portion of the Refurbishment Allowance shall cease Allowances as of January 31, 2021 will not be refunded to Lessee or be available to Tenant Lessee as a credit against any obligations of Lessee under the Lease. Lessor shall reimburse Lessee for reimbursement approved expenses upon receipt of copies of paid invoices and Landlord appropriate lien releases from outside contractors. Lessee inherited improvements from the previous tenant and has continued to make capital improvements to the Premises; therefore, Lessee shall have no liability to Tenant not be responsible for any costs or fees restoration of improvements incurred by tenant after such deadline. Contrary completed prior to the terms of Section 2.6 of the Lease, Landlord may only require the removal of such improvements by Assignee if Assignee is so notified in writing at the time the improvements are consented to in writing by Landlordthis extension agreement.

Appears in 1 contract

Sources: Lease Extension (Exagen Inc.)

Tenant Improvement Allowance. Landlord shall provide to Tenant a tenant improvement allowance of One Hundred Thousand Twelve Dollars ($100,000)12.00) per rentable square foot of the Premises, which towards the actual costs incurred by Tenant may use to make improvements to (including demolition costs and Landlord's oversight fees described in Section 18.04 below) for the Premises (the “Refurbishment Allowance”), which shall be subject to Landlord’s approval. Landlord’s approval rights and obligations with respect to such improvements shall be consistent with Tenant Improvements on the terms and conditions set forth provided for in Section 6.1 the Work Letter. Notwithstanding the foregoing, Tenant, upon its election, may apply the applicable Tenant Improvement Allowance allotted for the 13th floor on that particular floor or any other floor comprising the Premises, provided Tenant shall deliver written notice of such election to Landlord prior to the Lease, and date on which the construction of such improvements shall not include trade fixtures or personal propertytenant improvement commences. The construction of any improvements, alterations or modifications of allowance provided by Landlord under this Section 18.02(a) comprise the Premises by Assignee shall "Tenant Improvement Allowance." The Tenant Improvement Allowance may be made in accordance with the provisions of Section 6.1 of the Lease. The terms and conditions of Section 2.5 of the Lease relating applied to the payment costs of outside consultants, including architects, engaged by Tenant to analyze its space needs and to assist in the design, preparation of space plans and construction documents, Tenant's move and the costs of obtaining permits or other necessary approvals. If the costs for Tenant Improvements exceed the Tenant Improvement Allowance, Tenant shall pay all excess costs. Notwithstanding anything to the contrary herein, Landlord shall have no obligation to fund the Tenant Improvement Allowance shall be applicable to payment of the Refurbishment Allowance payable hereunder, except that the second to the last sentence of Section 2.5 is hereby deleted. Tenant shall be required to incur the improvement costs unless and fees to be reimbursed by Landlord pursuant to the Refurbishment Allowance by October 31, 2005, and to the extent that until Tenant has not incurred such improvements costs and fees by such deadline (or has not submitted invoices evidencing delivered to Landlord the expenditure Letter of such costs and fees within sixty (60) days following such date), any unused portion of the Refurbishment Allowance shall cease to be available to Tenant for reimbursement and Landlord shall have no liability to Tenant for any costs or fees of improvements incurred by tenant after such deadline. Contrary to the terms of Section 2.6 of the Lease, Landlord may only require the removal of such improvements by Assignee if Assignee is so notified in writing at the time the improvements are consented to in writing by LandlordCredit required herein.

Appears in 1 contract

Sources: Lease Agreement (Versata Inc)

Tenant Improvement Allowance. Tenant shall be granted an allowance for tenant improvements, up to twenty dollars ($20.00) per rentable square foot ("Tenant Improvement Allowance") for the purposes of improvements to the Leased Premises, demolition costs incurred, voice and data cabling, design costs and property manager construction management fees and, including exterior signage provided it is in conformity with paragraph 33 of this Lease, but excluding rent, computers, office equipment, furniture and other items of like nature and characterization. The property manager construction management fee shall be not greater than five percent (5%) on the first $500,000 of work, and two percent (2%) on the remainder. To the extent Tenant utilizes less than $20.00 per square foot for the actual cost of tenant improvements, the remainder shall be held in abeyance and may be utilized by Tenant for future improvements subject to the provisions of this paragraph. Landlord shall provide Tenant with a Construction Contract and drawings detailing the extent, scope and cost for the tenant improvements and all costs in excess of the Tenant Improvement Allowance, shall be submitted in U.S. funds to Tenant a tenant improvement allowance of One Hundred Thousand Dollars ($100,000), which Tenant may use to make improvements Landlord prior to the Premises (commencement of any work. In addition, the “Refurbishment Allowance”)Tenant shall be liable for all cost overruns and change orders, which shall be subject paid on a current and on-going basis. Tenant acknowledges and agrees that Landlord's obligation to Landlord’s approval. Landlord’s approval rights and obligations with respect to such improvements shall be consistent with pay the terms and conditions set forth in Section 6.1 of the Lease, and such improvements Tenant Improvement Allowance shall not include trade fixtures or personal property. The construction of any improvements, alterations or modifications of the Premises by Assignee shall be made accrue and become due unless and until all costs in accordance with the provisions of Section 6.1 of the Lease. The terms and conditions of Section 2.5 of the Lease relating to the payment excess of the Tenant Improvement Allowance have been paid by Tenant. Landlord shall obtain bids from three (3) general contractors and the selection of contractor will be applicable subject to payment of the Refurbishment Allowance payable hereunder, except that the second to the last sentence of Section 2.5 is hereby deleted. Tenant shall be required to incur the improvement costs and fees to be reimbursed final review by Landlord pursuant and Tenant. See Rider to the Refurbishment Allowance by October 31Office Lease Agreement, 2005, which is attached hereto and to the extent that Tenant has not incurred such improvements costs and fees by such deadline (or has not submitted invoices evidencing the expenditure of such costs and fees within sixty (60) days following such date), any unused portion of the Refurbishment Allowance shall cease to be available to Tenant for reimbursement and Landlord shall have no liability to Tenant for any costs or fees of improvements incurred by tenant after such deadline. Contrary to the terms of Section 2.6 of the Lease, Landlord may only require the removal of such improvements by Assignee if Assignee is so notified in writing at the time the improvements are consented to in writing by Landlordmade apart hereof.

Appears in 1 contract

Sources: Office Lease Agreement (Netwolves Corp)

Tenant Improvement Allowance. Landlord shall provide has agreed to Tenant contribute a one-time tenant improvement allowance for the cost of preparing the T.I. Plans and Specifications related to Tenant Improvements and toward the cost of constructing the Tenant Improvements, (including, but not limited to, any necessary permits and approvals, and any necessary demolition work but excluding any costs of furniture, trade fixtures, equipment or personal property and/or any non-Building Standard improvements, all of which shall be Tenant’s sole responsibility) in an amount up to but not exceeding Sixty-One Hundred Thousand and 06/100 Dollars ($100,000), which 61.06) per square foot of the Expansion Space (“Tenant may use to make improvements to the Premises (the “Refurbishment Improvement Allowance”). The Tenant Improvement Allowance is based on the square feet of the Expansion Space, which and the calculation of square feet for the Expansion Space shall be as determined by Landlord (but subject to Landlord’s approval. Landlord’s approval rights and obligations with respect to such improvements shall be consistent with the terms and conditions set forth in Section 6.1 6 of the Lease, and such improvements shall not include trade fixtures or personal propertySecond Amendment). The construction of Notwithstanding any improvements, alterations or modifications of the Premises by Assignee shall be made in accordance with the provisions of Section 6.1 of the Lease. The terms and conditions of Section 2.5 of the Lease relating or this Work Letter to the payment contrary, Tenant shall be solely responsible for, and shall pay upon billing therefor, any and all costs and expenses relating in any way to the Tenant Improvements (including, but not limited to, the design, permitting and construction thereof) in excess of the Tenant Improvement Allowance with respect to the work of construction of the Tenant Improvements by Landlord’s Contractor (“Excess Costs”). The total of all costs to be incurred by Landlord in connection with the design and construction of the Tenant Improvements (including, without limitation, the costs to prepare the T.I. Plans and specifications, the obtainment of permits and completion of other pre-construction work relating to the Tenant Improvements) shall be applicable referred to payment of the Refurbishment Allowance payable hereunder, except that the second as “Landlord Costs” and Landlord’s contribution toward Landlord’s Costs shall be limited to the last sentence of Section 2.5 is hereby deleted. Tenant shall be required to incur the improvement costs and fees to be reimbursed by Landlord pursuant to the Refurbishment Allowance by October 31, 2005, and to the extent that Tenant has not incurred such improvements costs and fees by such deadline (or has not submitted invoices evidencing the expenditure of such costs and fees within sixty (60) days following such date), any unused portion of the Refurbishment Allowance shall cease to be available to Tenant for reimbursement and Landlord shall have no liability to Tenant for any costs or fees of improvements incurred by tenant after such deadline. Contrary to the terms of Section 2.6 of the Lease, Landlord may only require the removal of such improvements by Assignee if Assignee is so notified in writing at the time the improvements are consented to in writing by LandlordImprovement Allowance.

Appears in 1 contract

Sources: Settlement and Release Agreement and Second Amendment to Lease (GenMark Diagnostics, Inc.)

Tenant Improvement Allowance. Landlord shall provide Up to Tenant a tenant improvement allowance Twelve Million Six Hundred Sixty-Eight Thousand Four Hundred Fifteen Dollars $12,668,415) [based on $77.50 per Rentable Square Foot in the Premises plus $288,100 as compensation for Tenant’s performance of One Hundred Thousand Dollars certain work in the courtyard area behind the Buildings ($100,000the “Courtyard Work”), which Tenant may use originally consisting of installing two (2) rollup doors, outdoor seating, additional hardscape and landscape and a permanent shade structure [in lieu of Landlord performing the Courtyard Work], to make pay for costs incurred or relating to the construction of Tenant’s improvements to the Premises and the Project (the “Refurbishment AllowanceTenant Improvements), which shall be subject to Landlord’s approval. Landlord’s approval rights and obligations with respect to such improvements shall be consistent with the terms and conditions set forth in Section 6.1 of the Lease, and such improvements shall not include trade fixtures or personal property. The construction of any improvements, alterations or modifications of the Premises by Assignee shall be made ) in accordance with the provisions of Section 6.1 Work Letter Agreement attached hereto as Exhibit “B” (the “Work Letter”). Any disbursements from the Tenant Improvement Allowance shall be made only following submission to Landlord of the Leasedocumentation and compliance with such other requirements set forth in the Work Letter. The terms and conditions of Section 2.5 Any portion of the Lease relating Tenant Improvement Allowance which is not used to pay for the payment Tenant Improvements on or before the date that is two (2) years after the Commencement Date (the “TI Allowance Reconciliation Date”) shall revert to Landlord and shall no longer be available to Tenant. Any costs for the Tenant Improvements in excess of the Tenant Improvement Allowance shall be applicable paid for by Tenant. Separate from the Tenant Improvement Allowance, Landlord will reimburse Tenant up to payment of $23,961.90 (based on $0.15 per rentable square foot) for the Refurbishment Allowance payable hereunder, except that the second to the last sentence of Section 2.5 is hereby deleted. Tenant shall be required to incur the improvement costs and fees to be reimbursed incurred by Landlord pursuant to the Refurbishment Allowance by October 31, 2005, and to the extent that Tenant has not incurred such improvements costs and fees by such deadline (or has not submitted invoices evidencing the expenditure of such costs and fees within sixty (60) days following such date), any unused portion of the Refurbishment Allowance shall cease to be available to Tenant for reimbursement and Landlord shall have no liability to preliminary planning services for the Tenant for any costs or fees of improvements incurred by tenant after such deadline. Contrary to the terms of Section 2.6 of the Lease, Landlord may only require the removal of such improvements by Assignee if Assignee is so notified in writing at the time the improvements are consented to in writing by LandlordImprovements.

Appears in 1 contract

Sources: Office Building Lease (GLAUKOS Corp)

Tenant Improvement Allowance. Tenant shall pay any cost created by changes made by Tenant after Tenant's Plans have been approved by both Landlord and Tenant and such cost may be funded from the Tenant Improvement Allowance. After completion of the improvements (construction of which Landlord will monitor and control) Tenant shall pay within twenty (20) business days of Tenant's receipt of invoice for any cost overages resulting from changes made by Tenant in approved Tenant's Plans. Landlord will provide to a Tenant Improvement Allowance of $28.00 per rentable square foot of the Premises toward the completion of the Work shown in Tenant's Plans including any space planning and engineering costs, data and voice cabling costs and systems furniture (such systems furniture shall not exceed a tenant improvement cost of $4.00 per rentable square foot of the Premises). Any unused allowance of One Hundred Thousand Dollars ($100,000), which may be utilized by Tenant may use to make during the Term for additional leasehold improvements to the Premises (and/or up to $5.00 per rentable square foot of any unused allowance may be converted, at Tenant's request, to an equivalent amount of free rent to be applied against Base Rental as it becomes due pursuant to Paragraph 18(a) of this Lease. In the “Refurbishment Allowance”)event Tenant elects to convert up to $5.00 per rentable square foot of any unused allowance into free rent as provided for above, which then the Tenant Improvement Allowance set forth herein shall be subject to Landlord’s approvalreduced by an equivalent amount. Landlord’s approval rights and obligations with respect to such improvements shall be consistent with In the terms and conditions set forth in Section 6.1 of the Lease, and such improvements shall not include trade fixtures or personal property. The construction of event any improvements, alterations or modifications of the Premises by Assignee shall be made in accordance with the provisions of Section 6.1 of the Lease. The terms and conditions of Section 2.5 of the Lease relating to the payment portion of the Tenant Improvement Allowance shall be applicable to payment remains unused after the completion of the Refurbishment Allowance payable hereunderWork, except that Landlord and Tenant agree to amend the second Lease to specify the last sentence of Section 2.5 is hereby deleted. manner in which Tenant shall be required desires to incur utilize the improvement costs and fees to be reimbursed by Landlord pursuant to the Refurbishment Allowance by October 31, 2005, and to the extent that Tenant has not incurred such improvements costs and fees by such deadline (or has not submitted invoices evidencing the expenditure of such costs and fees within sixty (60) days following such date), any unused portion of the Refurbishment Allowance shall cease to be available to Tenant for reimbursement and Landlord shall have no liability to Tenant for any costs or fees of improvements incurred by tenant after such deadline. Contrary to allowance in accordance with the terms of Section 2.6 of the Lease, Landlord may only require the removal of such improvements by Assignee if Assignee is so notified options set forth in writing at the time the improvements are consented to in writing by Landlordthis Paragraph 8.

Appears in 1 contract

Sources: Lease Agreement (Infinity Property & Casualty Corp)

Tenant Improvement Allowance. Landlord shall provide agrees to make available to Tenant a tenant improvement an allowance of One Hundred Thousand Dollars ($100,000)25.00 per rentable square feet on 9,520 rentable square feet, which Tenant may use to make such amount for being for improvements to the Premises (the Refurbishment Tenant Improvement Allowance”). Tenant shall bear the entire cost of performing the improvements to the Expansion Space (the “Leasehold Work”) (including, which shall be subject to Landlord’s approval. Landlord’s approval rights and obligations with respect to such improvements shall be consistent with the terms and conditions set forth in Section 6.1 without limitation, design of the LeaseLeasehold Work and preparation of the working drawings, costs of construction labor and materials (the “Construction Hard Costs”), electrical usage during construction (allocated to Tenant as reasonably agreed by Landlord and Tenant), janitorial services, signage, fees, and such improvements shall not include trade fixtures or personal property. The construction related non-ad valorem taxes and insurance costs, all of any improvements, alterations or modifications of which costs are herein collectively called the Premises by Assignee shall be made “Total Construction Costs”) in accordance with the provisions of Section 6.1 of the Lease. The terms and conditions of Section 2.5 of the Lease relating to the payment excess of the Tenant Improvement Allowance Allowance. Landlord or its designee shall coordinate the relationship between the Leasehold Work, the Building, and the Building Systems. In consideration for Landlord’s services, Tenant shall pay to Landlord a construction supervision fee (the “Construction Supervision Fee”) equal to three percent (3.00%) of the Total Construction Costs for all improvements and alterations made to the Premises other than the shell construction, which Construction Supervision Fee shall be applicable paid from the Tenant Improvement Allowance. Tenant may utilize up to payment $5.00 per rentable square feet of the Refurbishment above Tenant Improvement Allowance payable hereundertowards the purchase of workstations and furniture (“FF&E”), except that signage, data and telephone cabling, other soft costs, and relocation costs. Tenant must use such allowance before the second end of December 15, 2007 or Tenant shall have deemed to forfeit all rights to the last sentence of Section 2.5 is hereby deletedTenant Improvement Allowance. Tenant shall be required to incur the improvement costs and fees to be reimbursed by Landlord pursuant to the Refurbishment Allowance by October 31, 2005, and to the extent that Tenant has not incurred such improvements costs and fees by such deadline (or has not submitted invoices evidencing the expenditure of such costs and fees within sixty (60) days following such date), any unused portion of the Refurbishment Allowance shall cease to be available to Tenant for reimbursement and Landlord shall have no liability to Tenant perform the work for any costs or fees of improvements incurred by tenant after such deadline. Contrary to the terms of Section 2.6 of the Lease, Landlord may only require the removal of such improvements by Assignee if Assignee is so notified in writing at the time the improvements are consented to in writing by Landlordbased on a mutually agreed upon scope of work.

Appears in 1 contract

Sources: Lease Agreement (ReachLocal Inc)

Tenant Improvement Allowance. Landlord shall has agreed to provide to Tenant with a $22,281.60 tenant improvement allowance for the purpose of One Hundred Thousand Dollars ($100,000)constructing tenant improvements in, which Tenant may use to make improvements on and to the Premises (the “Refurbishment Allowance”"Tenant Improvements"), which allowance shall be subject reimbursed to Landlord’s approvalTenant provided that proper documentation, lien releases and invoices are presented to Landlord for all actual out-of-pocket costs of construction, including, without limitation, permitting and architectural costs. Landlord’s approval rights Should the cost of such construction (including, but not limited to permitting and obligations with respect architectural costs) exceed $22,281.60, Tenant will be solely responsible for such costs, Tenant shall indemnify, defend and hold harmless Landlord from any occurrence whatsoever related to such improvements shall be consistent with the terms and conditions set forth in Section 6.1 of the Lease, and such improvements shall not include trade fixtures or personal property. The construction of any improvements, alterations or modifications of the Premises by Assignee shall be made in accordance with the provisions of Section 6.1 of the Lease. The terms and conditions of Section 2.5 of the Lease relating to the payment of the Tenant Improvement Allowance shall be applicable to payment of the Refurbishment Allowance payable hereunder, except that the second to the last sentence of Section 2.5 is hereby deletedImprovements. Tenant shall be directly responsible for hiring and paying the architect and contractors in connection with the construction of the Tenant Improvements. In addition, Tenant shall obtain landlord's written approval of all contractors drawings, plans and specifications, prior to commencing the construction of the Tenant Improvements. Such drawings. plans and specifications (the "Plans") shall be attached to the Lease as Exhibit D upon completion and approval by Landlord. Notwithstanding anything to the contrary contained herein, any approvals required to incur the improvement costs and fees to be reimbursed by obtained from Landlord pursuant to the Refurbishment Allowance by October 31, 2005may be granted or withheld in Landlord's sole discretion, and to the extent that Tenant has not incurred such improvements costs and fees by such deadline (or has not submitted invoices evidencing the expenditure of such costs and fees within sixty (60) days following such date), any unused portion shall at all times coordinate all aspects of the Refurbishment Allowance shall cease to be available to Tenant for reimbursement and Landlord shall have no liability to Tenant for any costs or fees of improvements incurred by tenant after such deadline. Contrary to the terms of Section 2.6 construction of the Lease, Landlord may only require the removal of such improvements by Assignee if Assignee is so notified in writing at the time the improvements are consented to in writing by Tenant Improvements through Landlord.

Appears in 1 contract

Sources: Lease Agreement (Infiniti Solutions LTD)

Tenant Improvement Allowance. On or before the commencement date, Landlord shall deliver to Tenant the Additional Premises in its current "As Is" condition, and, except as provided herein, Landlord shall have no obligation whatsoever to provide any alterations or improvements with regard to the Additional Premises. Landlord shall provide Tenant with an allowance (the "Tenant Improvement Allowance") of $4,474.00 for the Additional Premises (equal to Tenant a tenant improvement allowance $2.00 per rentable square foot of One Hundred Thousand Dollars ($100,000the Additional Premises), for Tenant's required work in the Additional Premises which may be used by Tenant may use to make improvements for any improvement it makes to the Additional Premises (provided the “Refurbishment Allowance”), which shall be subject to Landlord’s approval. Landlord’s approval rights and obligations with respect to such improvements shall be consistent with the terms and conditions set forth in Section 6.1 of the Lease, and such improvements shall not include trade fixtures or personal property. The construction of any improvements, alterations or modifications of the Premises by Assignee shall be same is made in accordance with the provisions Lease). Tenant shall construct the tenant improvements for the Additional Premises in accordance with all applicable laws and codes and pursuant to plans and using such contractors as shall be approved in advance by Landlord. Landlord shall pay out the Tenant Improvement Allowance as any such work is completed based upon the stage of Section 6.1 completion and provided Landlord has received bills and lien releases from Tenant's contractor(s) and/or suppliers, subject to a ten percent (10%) retention to be withheld until final, lien-free completion of the Leasework. The terms and conditions of Section 2.5 of the Lease relating to the payment Tenant shall pay all costs for constructing its improvements in excess of the Tenant Improvement Allowance shall be applicable to payment of the Refurbishment Allowance payable hereunder, except that the second to the last sentence of Section 2.5 is hereby deleted. Tenant shall be required to incur the improvement costs and fees to be reimbursed by Landlord pursuant to the Refurbishment Allowance by October 31, 2005Allowance, and to the extent that Tenant has not incurred such improvements costs shall pay for all applicable fees and fees by such deadline (or has not submitted invoices evidencing the expenditure of such costs and fees within sixty (60) days following such date), any unused portion of the Refurbishment Allowance shall cease to be available to Tenant for reimbursement and Landlord shall have no liability to Tenant for any costs or fees of improvements incurred by tenant after such deadline. Contrary to the terms of Section 2.6 of the Lease, Landlord may only require the removal of such improvements by Assignee if Assignee is so notified in writing at the time the improvements are consented to in writing by Landlordpermits.

Appears in 1 contract

Sources: Lease Agreement (Instant Video Technologies Inc)