Common use of Tenant Improvements Allowance Clause in Contracts

Tenant Improvements Allowance. Tenant shall be entitled to a tenant improvement allowance (the “Tenant Improvements Allowance”) in the maximum aggregate amount of $1,220,720.00 (in a total amount equivolent to $70.58 per rentable square foot of the entire Premises initially leased hereunder) and adjusted based on the actual square footage) (the “Maximum Allowance Amount”) for the hard costs and customary soft costs, as noted below, incurred by Tenant, including, without limitation, architectural and engineering fees, construction contractor fees, Tenant’s project management fees, a 2% fee payable to Landlord or its affiliates for oversight and administrative costs related to the Tenant Improvements (“Landlord’s Project Oversight Fee”), permits, and such other costs arising from or relating to the design and construction of Tenant’s improvements which are to be permanently affixed to the Premises in accordance with this Work Letter (the “Tenant Improvements”). Landlord’s Project Oversight Fee shall be equivolent to, but not exceed, a total of 2% of the Tenant Improvement Allowance paid to Tenant. For the avoidance of any doubt, the purchase and installation of data and telecommunications cabling shall not be included in the definition of Tenant Improvements and there shall not be any Landlord’s Project Oversight Fee payable with respect to costs and expenses related thereto. Tenant agrees to keep the Landlord advised as to the progress of the work by providing copies of the Contractor’s applications for payment. In no event shall Landlord be obligated to make disbursements pursuant to this Tenant Work Letter in a total amount which exceeds the Maximum Allowance Amount. All Tenant Improvements for which the Tenant Improvements Allowance has been used to pay shall be deemed Landlord’s property under the terms of the Lease.

Appears in 4 contracts

Samples: Lease (Precision Biosciences Inc), Lease (Precision Biosciences Inc), Lease (Precision Biosciences Inc)

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Tenant Improvements Allowance. So long as Tenant is not in default, Tenant shall be entitled to a an one-time tenant improvement improvements allowance (the “Tenant Improvements Allowance”) in the maximum aggregate amount of of: (i) $1,220,720.00 898,645.00 for the Expansion Premises (in a total amount equivolent to i.e., $70.58 55.00 per rentable square foot of the entire Premises initially leased hereunder) and adjusted based on the actual square footageExpansion Premises) (the “Maximum Allowance Amount”) for the hard costs and customary soft costs, as noted below, incurred by Tenant, Tenant including, without limitation, limitation out-of-pocket architectural and engineering fees, construction contractor fees, Tenant’s project management fees, and a two percent (2% %) project management fee payable to Landlord or its affiliates for oversight and administrative costs related to the Tenant Improvements (“Landlord’s Project Oversight Fee”), and permits, and such other costs arising from or relating to the design and construction of Tenant’s improvements which are to be permanently affixed to the Expansion Premises in accordance with this Work Letter (the “Tenant Improvements”). Landlord’s Project Oversight Fee shall be equivolent to, but not exceed, a total of 2% of the Tenant Improvement Allowance paid to Tenant. In no event shall Tenant be permitted to use any excess Tenant Improvements Allowance toward the Base Rent or any soft costs that are not directly related to the design and construction within the Expansion Premises. For the avoidance of any doubt, the purchase and installation of data and telecommunications cabling shall not be included in the definition of Tenant Improvements and there shall not be any Landlord’s Project Oversight Fee payable with respect to costs and expenses related thereto. The Tenant agrees to keep the Landlord advised as to the progress of the work by providing copies of the Contractor’s applications for payment. In no event shall Landlord be obligated to make disbursements pursuant to this Tenant Work Letter in a total amount which exceeds the Maximum Allowance AmountAmount and in no event shall Tenant be entitled to any credit for any unused portion of the Tenant Improvements Allowance. All Tenant Improvements for which the Tenant Improvements Allowance has been used to pay made available shall be deemed Landlord’s property under the terms of the Lease.

Appears in 3 contracts

Samples: Lease (Precision Biosciences Inc), Lease (Precision Biosciences Inc), Lease (Precision Biosciences Inc)

Tenant Improvements Allowance. Tenant shall be entitled to a tenant improvement allowance (the “Tenant Improvements Allowance”) in the maximum aggregate amount of $1,220,720.00 (in a total amount equivolent to $70.58 per rentable square foot of the entire Premises initially leased hereunder) may make initial alterations and adjusted based on the actual square footage) (the “Maximum Allowance Amount”) for the hard costs and customary soft costs, as noted below, incurred by Tenant, including, without limitation, architectural and engineering fees, construction contractor fees, Tenant’s project management fees, a 2% fee payable to Landlord or its affiliates for oversight and administrative costs related to the Tenant Improvements (“Landlord’s Project Oversight Fee”), permits, and such other costs arising from or relating to the design and construction of Tenant’s improvements which are to be permanently affixed to the Premises in accordance with this Work Letter (the “Tenant Improvements”), on and subject to the terms and conditions set forth in Section 7.5. Tenant may perform the Tenant Improvements prior to commencement of the Lease Term. Tenant shall perform the Tenant Improvements in a good and workmanlike manner, in accordance with all Legal Requirements, and in accordance with Section 7.5. For purposes of approval of plans and specifications contemplated by Section 7.5, Landlord acknowledges that Tenant has submitted to Landlord, and Landlord has approved, (a) the progress drawing prepared by Interstate Electrical Services dated July 2, 2012 and (b) the HVAC plans prepared by Environmental Systems, Inc. (undated). Landlord will provide an amount up to the Allowance to or for the benefit of Tenant to pay or reimburse Tenant for costs of designing and performing the Tenant Improvements. Disbursement of the Allowance to or at the direction of Tenant shall be conditioned on the subject Tenant improvements having been performed in accordance with the provisions of this Lease, and shall be subject to Landlord’s Project Oversight Fee shall be equivolent toreceipt of a request for payment in form and with backup reasonably satisfactory to Landlord, including but not exceedlimited to such certifications, lien waivers and other documents from Tenant, Tenant’s contractor and Tenant’s architect as Landlord may reasonably require. Landlord may inspect the subject Tenant Improvements as a total of 2% condition to making any requested disbursement of the Tenant Improvement Allowance paid to Tenant. For confirm the avoidance status of any doubt, the purchase and installation of data and telecommunications cabling shall not be included in the definition of such Tenant Improvements and there shall not be any Landlord’s Project Oversight Fee payable that such Tenant Improvements have been performed in accordance with respect to costs and expenses related theretothe provisions of this Lease. Tenant agrees to keep the Landlord advised as to the progress may not qualify for disbursement of the work by providing copies Allowance prior to commencement of the Contractor’s applications for payment. In no event shall Landlord be obligated to make disbursements pursuant to this Tenant Work Letter in a total amount which exceeds Lease Term, but the Maximum Allowance Amount. All Tenant Improvements for which the Tenant Improvements Allowance has been used to pay shall be deemed Landlord’s property under the terms may qualify for disbursement of the LeaseAllowance may have been performed prior to commencement of the Lease Term.

Appears in 2 contracts

Samples: Lease (Genocea Biosciences, Inc.), Lease (Genocea Biosciences, Inc.)

Tenant Improvements Allowance. Tenant shall be entitled to a tenant improvement allowance (the “Tenant Improvements Allowance”) in the maximum aggregate amount of $1,220,720.00 1,650,455.00 (in a total amount equivolent to i.e., $70.58 205.00 per rentable square foot of the entire Premises initially leased hereunder) and adjusted based on the actual square footage) (the “Maximum Allowance Amount”) for the hard costs and customary soft costs, as noted below, costs incurred by Tenant, Landlord including, without limitation, limitation out-of-pocket architectural and engineering fees, construction contractor fees, Tenant’s fees and a five (5%) project management fees, a 2% fee payable to Landlord or its affiliates for oversight and administrative costs related to the Tenant Improvements (“Landlord’s Project Oversight Fee”), permits, and such other costs arising from or relating to the initial design and construction of Tenant’s improvements which are to be permanently affixed to the Premises in accordance with this Tenant Work Letter (the “Tenant Improvements”). Landlord’s Project Oversight Fee shall At least eight-five percent (85%) of the Maximum Allowance Amount must be equivolent to, but not exceed, a total of 2% applied towards the hard costs of the Tenant Improvement Allowance paid to TenantImprovements. For the avoidance of any doubt, the purchase and installation of data and telecommunications cabling shall not be included in the definition of Tenant Improvements and there shall not be any Landlord’s Project Oversight Fee project management fee payable with respect to costs and expenses related thereto. Tenant Landlord agrees to keep the Landlord Tenant advised as to the progress of the work by providing copies of the Contractor’s applications for payment. The Tenant Improvements are described on the allocation of responsibility attached as Attachment 2 (the “Base TI Requirements”), and Landlord and Tenant acknowledge and agree that the Tenant Improvements Allowance shall be utilized subject to and pursuant to this Tenant Work Letter to construct the Tenant Improvements as described in the Base TI Requirements. In no event shall Landlord be obligated to make disbursements pursuant to this Tenant Work Letter in a total amount which exceeds the Maximum Allowance Amount(as it may be increased by the Additional Allowance below). All Tenant Improvements for which the Tenant Improvements Allowance has been used to pay made available shall be deemed Landlord’s property under the terms of the Lease.

Appears in 2 contracts

Samples: Lease (Organovo Holdings, Inc.), Lease (Organovo Holdings, Inc.)

Tenant Improvements Allowance. Tenant shall be entitled to a tenant improvement allowance (the “Tenant Improvements Allowance”) in the maximum aggregate amount of $1,220,720.00 2,761,865.70 (in a total amount equivolent to i.e. $70.58 155.10 per rentable square foot of the entire Permanent Premises initially leased hereunder) and adjusted based on the actual square footage) (the “Maximum Allowance Amount”) for the hard costs and customary soft costs, as noted below, costs incurred by Tenant, Landlord including, without limitation, limitation out-of-pocket architectural and engineering fees, construction contractor fees, Tenant’s fees and a 3% project management fees, a 2% fee payable to Landlord or its affiliates for oversight and administrative costs related to the Tenant Improvements (“Landlord’s Project Oversight Fee”), permits, and such other costs arising from or relating to the initial design and construction of Tenant’s improvements which are to be permanently affixed to the Permanent Premises in accordance with this Work Letter (the “Tenant Improvements”). Landlord’s Project Oversight Fee Notwithstanding the foregoing or anything otherwise provided elsewhere herein, there shall be equivolent tono project management fee with respect to any hard costs of construction related to improvements performed prior to the Effective Date, including without limitation the improvements (the “Work In Place”) described on Attachment 5 attached hereto (but not exceeddesign costs related to Tenant Improvements, a total other than design costs associated with the Work In Place, shall be subject to the project management fee, even if such design costs arise out of 2services performed prior to the Effective Date). In addition, the Tenant Improvements Allowance may be applied towards the cost incurred directly by Tenant of the purchase and installation of data and telecommunications cabling in the Permanent Premises as further set forth below. At least 85% of the Maximum Allowance Amount must be applied towards the hard costs of the Tenant Improvement Allowance paid to TenantImprovements. For the avoidance of any doubt, the purchase and installation of data and telecommunications cabling shall not be included in the definition of Tenant Improvements and there shall not be any Landlord’s Project Oversight Fee project management fee payable with respect to costs and expenses related thereto. Tenant The Landlord agrees to keep the Landlord Tenant advised as to the progress of the work by providing copies of the Contractor’s applications for payment. The Tenant Improvements are described on the allocation of responsibility attached as Attachment 2 (the “Base TI Requirements”), and Landlord and Tenant acknowledge and agree that the Tenant Improvements Allowance shall be utilized subject to and pursuant to this Tenant Work Letter to construct the Tenant Improvements as described in the Base TI Requirements. In no event shall Landlord be obligated to make disbursements pursuant to this Tenant Work Letter in a total amount which exceeds the Maximum Allowance Amount(as it may be increased by the Additional Allowance, below). All Tenant Improvements for which the Tenant Improvements Allowance has been used to pay made available shall be deemed Landlord’s property under the terms of the Lease.

Appears in 2 contracts

Samples: Lease (Jounce Therapeutics, Inc.), Lease (Jounce Therapeutics, Inc.)

Tenant Improvements Allowance. Tenant shall be entitled to a tenant improvement allowance (the “Tenant Improvements Allowance”) in the maximum aggregate amount of $1,220,720.00 950,360.00 (in a total amount equivolent to i.e., $70.58 115.00 per rentable square foot of the entire Premises initially leased hereunder) and adjusted based on the actual square footageExpansion Premises) (the “Maximum Allowance Amount”) for the hard costs and customary soft costs, as noted below, costs incurred by Tenant, Tenant including, without limitation, limitation out-of-pocket architectural and engineering fees, construction contractor fees, Tenant’s fees and a one and one-half percent (1.5%) project management fees, a 2% fee payable to Landlord or its affiliates for oversight and administrative costs related to the Tenant Improvements (“Landlord’s Project Oversight Fee”), permits, and such other costs arising from or relating to the design and construction of Tenant’s improvements which are to be permanently affixed to the Expansion Premises in accordance with this Work Letter (the “Tenant Improvements”). Landlord’s Project Oversight Fee In no event shall Tenant be equivolent to, but not exceed, a total of 2% of the Tenant Improvement Allowance paid permitted to Tenant. For the avoidance of use any doubt, the purchase and installation of data and telecommunications cabling shall not be included in the definition of excess Tenant Improvements and there shall Allowance toward the Base Rent or any soft costs that are not be any Landlord’s Project Oversight Fee payable with respect to costs and expenses directly related thereto. Tenant agrees to keep the Landlord advised as to the progress of design and construction within the work by providing copies of the Contractor’s applications for paymentExpansion Premises. In no event shall Landlord be obligated to make disbursements pursuant to this Tenant Work Letter in a total amount which exceeds the Maximum Allowance Amount. All Tenant Improvements for which the Tenant Improvements Allowance has been used to pay made available shall be deemed Landlord’s property under the terms of the Lease. Tenant must fully utilize the Tenant Improvements Allowance within twelve (12) months after the Effective Date of this Expansion Premises Amendment (such period to be extended by any delays caused by Landlord, its agents, employees, architects and/or contractors in the development and approval of the final space plan and/or the construction documents and/or delays in the submission and pursuit of permits and the construction of the Tenant Improvements, provided, however, Tenant shall notify Landlord in writing of the claimed estimated length of such Landlord delay within ten (10) business days after its occurrence and Landlord may elect by written notice delivered to Tenant within ten (10) business days thereafter to dispute the claimed estimated Landlord delay) and any amounts unutilized by such date shall be deemed forfeited by Tenant.

Appears in 2 contracts

Samples: Lease Agreement (Liquidia Technologies Inc), Lease Agreement (Liquidia Technologies Inc)

Tenant Improvements Allowance. The parties acknowledge that prior to the date of full execution and delivery of this First Amendment, Landlord has funded Three Hundred Eighty-Three Thousand Three Hundred Twenty Dollars ($383,320.00) of the Tenant Improvements Allowance applicable to the Phase II Premises. The parties further acknowledge that, notwithstanding anything to the contrary contained in the Lease, Landlord shall have no obligation to fund any additional Tenant Improvements Allowance for the Phase II Premises. Landlord and Tenant agree that Tenant shall, at Tenant’s sole cost and expense, upgrade the carpet in the Office Space, paint the walls in the Office Space and replace the ceiling tiles in the Office Space to match the carpet, walls and ceiling tiles currently in place in the office portion of the Phase I Premises. The work described in the immediately preceding sentence may be collectively referred to herein as the “Remaining Work.” Landlord shall be entitled to a tenant improvement allowance (the “Tenant Improvements Allowance”) in the maximum aggregate amount of $1,220,720.00 (in a total amount equivolent to $70.58 per rentable square foot of the entire Premises initially leased hereunder) approve Preliminary Plans and adjusted based on the actual square footage) (the “Maximum Allowance Amount”) Final Plans for the hard costs Remaining Work and customary soft costs, as noted below, incurred by Tenant, including, without limitation, architectural and engineering fees, construction contractor fees, Tenant’s project management fees, a 2% fee payable for any improvements Tenant may elect to Landlord or its affiliates for oversight and administrative costs related make to the Future Space pursuant to Section 4 of the Tenant Improvements (“Landlord’s Project Oversight Fee”), permits, and such other costs arising from or relating Rider attached to the design Lease as Exhibit “C”. Tenant shall have until January 1, 1996 to complete the Remaining Work. If Tenant fails to complete the Remaining Work on or before January 1, 1996, Landlord shall be entitled to complete the Remaining Work pursuant to plans and construction specifications determined by Landlord and to charge Tenant the costs incurred by Landlord in completing the Remaining Work together with a fifteen percent (15%) administrative fee, all of which shall be due and payable within thirty (30) days after Tenant’s improvements which are receipt of invoice. Finally, Tenant acknowledges that Tenant’s obligation to pay Basic Monthly Rent for the Office Space and the Future Space shall commence as of the Commencement Date applicable to such spaces as specified in Section 3 above and that the work to be permanently affixed to the Premises in accordance with performed by Tenant or Landlord under this Work Letter (the “Tenant Improvements”). Landlord’s Project Oversight Fee shall be equivolent to, but not exceed, a total of 2% of the Tenant Improvement Allowance paid to Tenant. For the avoidance of any doubt, the purchase and installation of data and telecommunications cabling Section 4 shall not result in any rental abatement nor be included in the definition deemed to constitute a constructive eviction of Tenant Improvements and there shall not be any Landlord’s Project Oversight Fee payable with respect to costs and expenses related thereto. Tenant agrees to keep from the Landlord advised as to Office Space or the progress of the work by providing copies of the Contractor’s applications for payment. In no event shall Landlord be obligated to make disbursements pursuant to this Tenant Work Letter in a total amount which exceeds the Maximum Allowance Amount. All Tenant Improvements for which the Tenant Improvements Allowance has been used to pay shall be deemed Landlord’s property under the terms of the LeaseFuture Space.

Appears in 2 contracts

Samples: Termination Agreement, Lease (Pacira Pharmaceuticals, Inc.)

Tenant Improvements Allowance. Tenant shall be entitled to a tenant improvement allowance (the “Tenant Improvements Allowance”) in the maximum aggregate amount of $1,220,720.00 (in a total amount equivolent to $70.58 [*****] per rentable square foot of the entire Premises initially leased hereunder) and adjusted based on the actual square footage) (the “Maximum Allowance Amount”) for the hard costs and customary soft costs, as noted below, incurred by Tenant, costs including, without limitation, limitation architectural and engineering fees, construction contractor fees, Tenant’s fees and a three percent (3%) project management fees, a 2% fee payable to Landlord or its affiliates for oversight affiliates, Tenant’s commercially reasonable project manager fees, and administrative costs related to the Tenant Improvements (“Landlord’s Project Oversight Fee”), permits, and such other costs arising from or relating to the design and construction of Tenant’s improvements which are to be permanently affixed to the Premises in accordance with this Work Letter (the “Tenant Improvements”). Landlord’s Project Oversight Fee shall be equivolent to, but not exceed, a total of 2% of the Tenant Improvement Allowance paid to Tenant. For the avoidance of any doubt, the purchase and installation of data and telecommunications cabling shall not be included in the definition of Tenant Improvements and there shall not be any Landlord’s Project Oversight Fee payable with respect to costs and expenses related theretoImprovements. Tenant The Landlord agrees to keep the Landlord Tenant advised as to the progress of the work by providing and Landlord will provide copies of the Contractor’s applications for paymentpayment promptly upon receipt. In no event shall Landlord be obligated to make disbursements pursuant to this Tenant Work Letter in a total amount which exceeds the Maximum Allowance Amount. All Tenant Improvements for which the Tenant Improvements Allowance has been used to pay made available shall be deemed Landlord’s property under the terms of the Lease. In addition to the Tenant Improvements Allowance, Landlord shall contribute Eight Hundred Ninety Nine and 04/100 Dollars ($899.04), (i.e., $0.12 per square rentable foot of the entire Premises initially leased hereunder), toward the costs of the space plan test fit for the Tenant Improvements and any costs over such amount shall be at Tenant’s expense.

Appears in 1 contract

Samples: Keystone Technology Park Lease (Heat Biologics, Inc.)

Tenant Improvements Allowance. Tenant shall be entitled to a tenant improvement allowance (the “Tenant Improvements Allowance”) in the maximum aggregate amount of $1,220,720.00 3,903,100.00 (in a total amount equivolent to i.e. $70.58 115.00 per rentable square foot of the entire Premises initially leased hereunder) hereunder and adjusted based on the actual square footage) (the “Maximum Allowance AmountAllowance”) for the hard costs and customary soft costs, as noted below, costs incurred by Tenant, Tenant including, without limitation, limitation out-of-pocket architectural and engineering fees, construction contractor fees, Tenant’s fees and a 2.5% project management fees, a 2% fee (only with respect to the Tenant Improvement Allowance) payable to Landlord or its affiliates for oversight and administrative costs related to the Tenant Improvements (“Landlord’s Project Oversight Fee”), permits, and such other costs arising from or relating to the initial design and construction of Tenant’s improvements which are to be permanently affixed to the Premises in accordance with this Work Letter (the “Tenant Improvements”). Landlord’s Project Oversight Fee shall be equivolent to, but not exceed, a total of 2% of the Tenant Improvement Allowance paid to Tenant. For the avoidance of any doubt, the purchase and installation of data and telecommunications cabling shall not be included in the definition of Tenant Improvements and there shall not be any Landlord’s Project Oversight Fee payable with respect to costs and expenses related theretoImprovements. The Tenant agrees to keep the Landlord advised as to the progress of the work by providing copies of the Contractor’s applications for payment. The Tenant Improvements are described on the allocation of responsibility attached as Attachment 2 (the “Base TI Requirements”), and Landlord and Tenant acknowledge and agree that the Tenant Improvements Allowance shall be utilized subject to and pursuant to this Tenant Work Letter to construct the Tenant Improvements as described in the Base TI Requirements. In no event shall Landlord be obligated to make disbursements pursuant to this Tenant Work Letter in a total amount which exceeds the Maximum Allowance AmountAllowance. All Tenant Improvements for which the Tenant Improvements Allowance has been used to pay made available shall be deemed Landlord’s property under the terms of the Lease.

Appears in 1 contract

Samples: Lease (Braeburn Pharmaceuticals, Inc.)

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Tenant Improvements Allowance. Landlord shall pay the aggregate cost of Landlord’s Work up to an amount not to exceed $160,041.00 (the “Tenant Improvement Allowance”) and Tenant shall pay the excess of the aggregate cost of Landlord’s Work over the Tenant Improvement Allowance (the “Excess”) plus the cost of all work other than the Landlord’s Work, if any, which Tenant may elect to do in order to make the Premises ready for Tenant’s occupancy and which has been approved by Landlord. The “cost of Landlord’s Work” as used in this Work Letter shall include all costs incurred by Landlord to plan, design and perform Landlord’s Work as specified by the Plans and any approved (or deemed approved) revisions thereof (including any TI Changes, as defined below), including without limitation, the fees and charges of Landlord’s architect, Landlord’s engineer and Landlord’s contractor, Landlord’s construction management fee, all permit and inspection fees and charges, and any costs incurred by or charged to Landlord for (i) unforeseen field conditions, (ii) substitution of materials or finishes due to the unavailability of materials or finishes specified in the Plans that would materially delay substantial completion of Landlord’s Work, and (iii) necessary modification of any portions of the Building or its systems to accommodate Landlord’s Work. If Landlord estimates at any time or from time to time that there will be an Excess, Landlord shall notify Tenant in writing of Landlord’s good faith estimate of the amount thereof, which estimate shall be itemized in reasonable detail. Tenant shall pay Landlord’s good faith estimate of the Excess billed by Landlord within ten (10) business days after it receives Landlord’s xxxx therefor. In the event Tenant fails to timely pay any such good faith estimate of the Excess, Landlord shall be entitled to a tenant improvement allowance (suspend the “Tenant Improvements Allowance”) in performance of Landlord’s Work until such time as such payment is received by Landlord. At such time as the maximum aggregate amount of $1,220,720.00 (in a total amount equivolent to $70.58 per rentable square foot cost of the entire Premises initially leased hereunder) Plans and adjusted based on the actual square footage) (Landlord’s Work is finally determined, Landlord shall notify Tenant of such amount in writing. If Tenant has not paid all of the “Maximum Allowance Amount”) Excess, such notice shall include Landlord’s xxxx to Tenant for the hard costs and customary soft costs, as noted below, incurred balance of the Excess not previously paid by Tenant, includingand if Tenant has paid more than the Excess, without limitation, architectural and engineering fees, construction contractor fees, Tenantsuch notice shall include Landlord’s project management fees, a 2% fee payable statement to Tenant showing the amount of the overpayment of the Excess. Tenant shall pay any such balance of the Excess to Landlord within ten (10) business days after the date when Tenant receives such notice and xxxx from Landlord, and Landlord shall pay any such overpayment of the Excess to Tenant within ten (10) business days after the later of the date when Landlord gives such notice and statement to Tenant or its affiliates for oversight and administrative costs related to the Tenant Improvements (“Commencement Date. All Landlord’s Project Oversight Fee”), permits, bills to Tenant for portions of the Excess and such other costs arising from or relating to the design and construction of Tenant’s improvements which are to be permanently affixed to the Premises in accordance with this Work Letter (the “Tenant Improvements”). Landlord’s Project Oversight Fee shall be equivolent to, but not exceed, a total notice to Tenant of 2% the finally determined cost of the Tenant Improvement Allowance paid to Tenant. For Plans and the avoidance of any doubt, the purchase and installation of data and telecommunications cabling shall not be included in the definition of Tenant Improvements and there shall not be any Landlord’s Project Oversight Fee payable with respect to Work shall itemize the costs and expenses related thereto. Tenant agrees to keep the Landlord advised as to the progress of the work by providing copies of the Contractor’s applications for payment. In no event shall Landlord be obligated to make disbursements pursuant to this Tenant Work Letter in a total amount which exceeds the Maximum Allowance Amount. All Tenant Improvements for which the Tenant Improvements Allowance has been used to pay shall be deemed Landlord’s property under the terms of the Leasequestion in reasonable detail.

Appears in 1 contract

Samples: Lease (GenMark Diagnostics, Inc.)

Tenant Improvements Allowance. Landlord shall provide Tenant an allowance for the costs of the Tenant Improvements up to the amount of the TI Allowance defined in Section 1.8 hereof. The TI Allowance shall be paid by Landlord subject to and in accordance with the provisions of Exhibit B. Tenant shall be entitled to a tenant improvement allowance (responsible for and shall pay any costs of the Tenant Improvements Allowance”) in excess of the maximum aggregate TI Allowance in accordance with Exhibit B. The TI Allowance is to be expended solely for the benefit of Landlord and for Tenant to hire an architect/space planner; that is, the TI Allowance will be expended only to pay for design, engineering, installation, and construction of the Tenant Improvements which under the Lease becomes the property of Landlord upon installation, as well as for an architect/space planer to provide services including space planning, overall design coordination and construction administration. The TI Allowance shall not be used for movable furniture, equipment, cabling, and trade fixtures not physically attached to the Premises except as set forth below. Notwithstanding the foregoing, Tenant shall, however, have the right to use an amount of the TI Allowance (and not in addition to the TI Allowance) not to exceed $1,220,720.00 (in a total amount equivolent to $70.58 5.00 per rentable square foot of the entire Premises initially leased hereunder) and adjusted based on the actual square footage) (the Maximum Allowance AmountSoft Cost Allowance”) for the hard costs and customary soft costs, as noted below, incurred by Tenant, including, without limitation, architectural and engineering fees, construction contractor fees, Tenant’s project management fees, a 2% fee payable moving expenses of any kind or nature to Landlord or its affiliates for oversight and administrative costs related to move into the Tenant Improvements (“Landlord’s Project Oversight Fee”), permitsinitial Premises, and such other costs arising from or relating to the design and construction of Tenant’s improvements which are to be permanently affixed to the Premises in accordance with this Work Letter (the “Tenant Improvements”). Landlord’s Project Oversight Fee shall be equivolent to, but not exceed, a total of 2% of the Tenant Improvement Allowance paid to Tenant. For the avoidance of any doubt, the purchase and installation of data and data/telecommunications cabling and equipment and furniture, including the Furniture as defined below, fixtures and data equipment of which, although purchased from funds from the TI Allowance, Tenant shall not be included remain the owner. Tenant acknowledges that certain furniture is currently located in the definition of Tenant Improvements and there shall not be any Landlord’s Project Oversight Fee payable with respect to costs and expenses related thereto. Tenant agrees to keep the Landlord advised as to the progress Premises which is owned by a prior tenant of the work by providing copies Premises, which furniture is described on Exhibit D attached hereto (“Furniture”). In the event Tenant purchases all or any portion of the Contractor’s applications Furniture from the prior tenant, the Soft Cost Allowance may be used for payment. In no event shall Landlord be obligated to make disbursements pursuant to this Tenant Work Letter in a total amount which exceeds the Maximum Allowance Amountsuch purchase. All Tenant Improvements for which costs of the Tenant Improvements in excess of the TI Allowance has been used to pay shall be deemed Landlordat Tenant’s property expense and shall be payable in accordance with the provisions of Exhibit B. Notwithstanding anything to the contrary contained herein or in Exhibit B, to the extent the costs of the Tenant Improvements in the initial Premises exceed the TI Allowance (“Excess TI Costs”), Tenant shall have the right to elect to have Landlord fund up to $221,655.00 of such Excess TI Costs and Tenant shall pay such funded amount of the Excess TI Costs (“Funded Excess TI Costs”) to Landlord as additional rent under the terms Lease in 65 equal monthly installments over the Initial Term (including the Abated Rent Period), calculated by amortizing the Funded Excess TI Costs over 65 months, plus interest at a rate of the Lease8% per annum.

Appears in 1 contract

Samples: Lease (Dot Hill Systems Corp)

Tenant Improvements Allowance. Tenant (a) Upon Landlord’s approval of Sublessee’s plans for alterations to the Subleased Premises (the “Plan of Alterations”) and its proposed budget and construction schedule, Sublessor shall be entitled to deposit a tenant improvement allowance of Thirty-Five Thousand Four Hundred Seventy-Two and No/100ths Dollars (the “Tenant Improvements Allowance”) in the maximum aggregate amount of $1,220,720.00 (in a total amount equivolent to $70.58 per rentable square foot of the entire Premises initially leased hereunder) and adjusted based on the actual square footage35,472.00) (the “Maximum Allowance AmountAllowance”) into a title company escrow (“Escrow”) to be established by Sublessor and Sublessee with an escrow agent reasonably acceptable to Sublessor and Sublessee pursuant to the terms of a separate escrow agreement reasonably acceptable to Sublessor and Sublessee. Simultaneous with Sublessor’s deposit of the Allowance, Sublessee shall deposit into the Escrow an amount equal to the difference between (i) the estimated total costs to be incurred by Sublessee for Work performed pursuant to the Plan of Alterations, as set forth on the project budget for the hard Work prepared by Sublessee and approved by Sublessor, and (ii) the Allowance. The Allowance shall be disbursed monthly on a pro-rata basis with Sublessee’s deposit as tenant improvement costs and customary soft costs, as noted below, are incurred by Tenant, including, without limitation, architectural and engineering fees, construction contractor fees, TenantSublessee upon Sublessee’s project management fees, a 2% fee payable to Landlord or its affiliates for oversight and administrative costs related delivery to the Tenant Improvements escrow agent of the following: (“Landlordi) a requisition specifying the work, materials and services for which payment is requested, together with bills from the general contractor and subcontractors, suppliers and consultants for such work, materials and services, (ii) the written certification of Sublessee’s Project Oversight Fee”), permits, and such other costs arising from or relating architect to the design effect that the amounts requisitioned are proper in all material respects and construction of Tenant’s improvements which are to be permanently affixed to that the Premises work and materials represented thereby have been installed substantially in accordance with this the approved plans, and (iii) partial or full conditional releases of lien, covering the labor or materials for which such payment is sought, from the general contractor and any subcontractors hired to furnish, install or supply material for any part of the construction. Failure of Sublessee to complete any Work Letter (for any reason shall not delay the “Tenant Improvements”)commencement of the Term, or the Commencement Date. Landlord’s Project Oversight Fee shall The Allowance may be equivolent toused by Sublessee for the costs of labor and materials necessary to complete the Work identified in the Plan of Alterations, for architectural, engineering and construction supervisory fees, and for reasonable moving expenses, but not exceed, a total of 2% of the Tenant Improvement Allowance paid to Tenant. For the avoidance of any doubt, the purchase and installation of data and telecommunications cabling shall may not be included in the definition of Tenant Improvements and there shall not be any Landlord’s Project Oversight Fee payable with respect to costs and expenses related thereto. Tenant agrees to keep the Landlord advised as to the progress of the work by providing copies of the Contractor’s applications for payment. In no event shall Landlord be obligated to make disbursements pursuant to this Tenant Work Letter in a total amount which exceeds the Maximum Allowance Amount. All Tenant Improvements for which the Tenant Improvements Allowance has been used to pay for furniture, equipment or other personal property. In the event any portion of the Allowance has not been deposited or disbursed by the date that is two (2) years after the Commencement Date, then Sublessee shall receive a credit of one-half of the remaining Allowance which shall be deemed Landlord’s property under applied towards the terms next Base Rent payment due. The other one-half of the Leaseremaining Allowance shall be returned to Sublessor without credit to Sublessee.

Appears in 1 contract

Samples: Sublease (Geopetro Resources Co)

Tenant Improvements Allowance. Tenant shall be entitled to a tenant improvement allowance (the “Tenant Improvements Allowance”) in the maximum aggregate amount of Nine Hundred Thirty Six Thousand Five Hundred and No/100 Dollars ($1,220,720.00 2,479,380.00) (in a total amount equivolent to i.e. One Hundred and Fifty Five and No/100 dollars ($70.58 155.00) per rentable square foot of the entire Premises initially leased hereunder) and adjusted based on the actual square footage) (the “Maximum Allowance Amount”) for the hard costs and customary soft costs, as noted below, incurred by Tenant, costs including, without limitation, limitation architectural and engineering fees, construction contractor fees, Tenant’s fees and a four percent (4%) project management fees, a 2% fee payable to Landlord or its affiliates for oversight affiliates, Tenant’s commercially reasonable project manager fees, and administrative costs related to the Tenant Improvements (“Landlord’s Project Oversight Fee”), permits, and such other costs arising from or relating to the design and construction of Tenant’s improvements which are to be permanently affixed to the Premises in accordance with this Work Letter (the “Tenant Improvements”). Landlord’s Project Oversight Fee shall be equivolent to, but not exceed, a total of 2% of the Tenant Improvement Allowance paid to Tenant. For the avoidance of any doubt, the purchase and installation of a generator pursuant to Section 29.35 of the Lease shall be included in the definition of Tenant Improvements, but the purchase and installation of data and telecommunications cabling shall not be included in the definition of Tenant Improvements and there shall not be any Landlord’s Project Oversight Fee payable with respect to costs and expenses related theretoImprovements. Tenant The Landlord agrees to keep the Landlord Tenant advised as to the progress of the work by providing and Landlord will provide copies of the Contractor’s applications for paymentpayment promptly upon receipt. In no event shall Landlord be obligated to make disbursements pursuant to this Tenant Work Letter in a total amount which exceeds the Maximum Allowance Amount. All Tenant Improvements for which the Tenant Improvements Allowance has been used to pay made available shall be deemed Landlord’s property under the terms of the Lease.

Appears in 1 contract

Samples: Heat Biologics, Inc.

Tenant Improvements Allowance. Landlord shall provide Tenant shall be entitled to a tenant improvement an allowance for the payment of Tenant Improvements Costs (the “Tenant Improvements Allowance”) in the maximum aggregate amount of $1,220,720.00 (in a total amount equivolent equal to $70.58 40.00 per rentable square foot multiplied by the Leasable Square Footage of the entire Premises initially leased hereunder) and adjusted based on ($3,260,000.00 if the actual square footage) (the “Maximum Allowance Amount”) for the hard costs and customary soft costs, as noted below, incurred by Tenant, including, without limitation, architectural and engineering fees, construction contractor fees, Tenant’s project management fees, a 2% fee payable to Landlord or its affiliates for oversight and administrative costs related to the Tenant Improvements (“Landlord’s Project Oversight Fee”), permits, and such other costs arising from or relating to the design and construction Leasable Square Footage of Tenant’s improvements which are to be permanently affixed to the Premises in accordance with this Work Letter (the “Tenant Improvements”is 81,500 square feet). Landlord’s Project Oversight Fee shall be equivolent to, but not exceed, a total of 2% of the Tenant Improvement Allowance paid to Tenant. For the avoidance of any doubt, the purchase and installation of data and telecommunications cabling shall not be included in the definition of Tenant Improvements and there shall not be any Landlord’s Project Oversight Fee payable with respect to costs and expenses related thereto. Tenant agrees to keep the Landlord advised as to the progress of the work by providing copies of the Contractor’s applications for payment. In no event shall Landlord be obligated to make disbursements pursuant to this Tenant Work Letter in a total amount which exceeds the Maximum Allowance Amount. All Tenant Improvements for which Costs in excess of the Tenant Improvements Allowance has been used to pay shall be deemed Landlord’s property under paid for by Tenant. At the terms written request of Tenant prior to commencement of the LeaseTenant Improvements Work, the Tenant Improvements Allowance shall be increased by up to $10.00 per square foot multiplied by the Leasable Square Footage of the Premises ($815,000 if the Leasable Square Footage of the Premises is 81,500 square feet; provided, however, that the aggregate amount of any such increase in the Tenant Improvements Allowance (the “Excess Tenant Improvements Allowance”) shall be repaid by Tenant to Landlord by increasing the monthly installments of Base Rent by an amount which would fully amortize the Excess Tenant Improvements Allowance, with interest at the rate of six percent (6%) per annum (including capitalized interest on the Excess Tenant Improvements Allowance from disbursement until commencement of amortization), in equal consecutive monthly installments of principal and interest over the Initial Term, commencing with the Rent Commencement Date. Any unused portion of the Tenant Improvements Allowance (other than the Excess Tenant Improvements Allowance) may be applied by Tenant to the payment of Base Rent and Additional Rent. That above provisions of this Item 4C shall apply to the GMT Lab at such time, if any, that the GMT Lab is added to the Premises.

Appears in 1 contract

Samples: Lease (Genocea Biosciences, Inc.)

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