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 Agreement (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 Agreement (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 Agreement (Genocea Biosciences, Inc.), Lease Agreement (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 Agreement (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 $1,220,720.00 950,360.00 (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: Manufacturing Development and Scale Up Agreement (Liquidia Technologies Inc), Manufacturing Development and Scale Up Agreement (Liquidia Technologies 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 Agreement (Jounce Therapeutics, Inc.), Lease Agreement (Jounce Therapeutics, 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: Lease Agreement, Industrial Real Estate Triple Net Lease (Pacira Pharmaceuticals, Inc.)

Tenant Improvements Allowance. Landlord agrees that from the Effective Date and until August 1, 2019, 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 perform 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 cause to be permanently affixed performed or shall request that Landlord perform or cause to be performed certain improvements to the Premises requested by Tenant and approved in accordance with this Work Letter advance by Landlord, such approval not to be unreasonably withheld or delayed (the “Tenant Improvements”). Landlord’s Project Oversight Fee shall be equivolent to, but not exceed, a total of 2% The cost of the Tenant Improvement Allowance paid to Improvements shall be split equally between Landlord and Tenant. For the avoidance of any doubt, the purchase and installation of data and telecommunications cabling shall not be included but 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 perform or cause to this be performed any Tenant Work Letter in a total amount which exceeds the Maximum Allowance Amount. All Improvements, or reimburse Tenant for any Tenant Improvements for which performed by Tenant as noted below, in excess of One Hundred Fifty Eight Thousand Five Hundred and 00/100 Dollars ($158,500.00) in the aggregate (“Allowance”) and any Tenant Improvements in excess of the Allowance shall be at Tenant's sole cost and expense. Upon completion of any portion of the Tenant Improvements Allowance has been used Work, if Tenant elects to have Landlord perform or cause to be performed certain improvements to the Premises, Tenant shall pay to Landlord one-half the cost of the Tenant Improvements plus one hundred percent of the cost of the Tenant Improvements in excess of the Allowance, within thirty (30) days after receipt of invoice for the same from Landlord, and such amounts due hereunder from Tenant shall be deemed Landlord’s property under the terms Additional Rent. In no event shall any unused Allowance funds be used by Tenant for Rent. Upon completion of any portion of the LeaseTenant Improvements Work, if Tenant elects to perform or cause to be performed certain improvements to the Premises, Tenant shall provide paid invoices and supporting lien waiver and other documentation to Landlord for reimbursement of one-half the cost of the Tenant Improvements up to the remaining Allowance, which Landlord shall pay within thirty (30) days after receipt of request from Tenant with the invoices, waivers and supporting documentation.

Appears in 1 contract

Samples: Lease Amendment (Power Solutions International, Inc.)

Tenant Improvements Allowance. Tenant Lessor 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”) reimburse Lessee for the hard costs and customary soft costs, as noted below, incurred certain funds expended 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 Lessee toward the design and construction of Tenant’s certain tenant improvements which are to be permanently affixed made to the Premises at Lessee’s direction in accordance with the conditions of this Work Letter section. All tenant improvements must be made within the constraints of the Lease including, without limitation Paragraph 14.01 of the Original Lease. Lessor shall reimburse, as a one-time expense to Lessor, hard and soft costs associated with Lessee’s refurbishment and/or modification of the interior of the Premises up to the sum of One Hundred Nine Thousand Two Hundred Three and No/100 Dollars ($109,203.00), on or before ten (10) days following the “Tenant Improvements”last to occur of the following events: (a) Lessee’s written notice to Lessor of completion of all tenant improvements as described in this section, plus an additional period of ten (10) days thereafter to allow Lessor to inspect same to ensure completion; (b) delivery by Lessee to Lessor of all necessary paperwork to clear the property of any potential or actual liens arising from such improvements; and (c) delivery by Lessee of written evidence of the amount expended by Lessee toward the design or construction of the tenant improvements made to the Premises. The amount due and payable by Lessor to Lessee shall be the total amount spent by Lessee in the design and construction of the tenant improvements herein described, up to a maximum reimbursement of One Hundred Nine Thousand Two Hundred Three and No/100 Dollars ($109,203.00). Landlord’s Project Oversight Fee With the exception of Lessor's agreement to provide reimbursement funds as described in this section, Lessee agrees to and does accept the Premises in its "as-is" condition as of the execution of this Second Amendment. All tenant improvements and the reimbursement described in this paragraph shall be equivolent tocompleted by March 31, but 2021. If the tenant improvements and the reimbursement described in this paragraph are not exceedcompleted March 31, a total of 2% of the Tenant Improvement Allowance paid to Tenant. For the avoidance of any doubt2021, 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 described reimbursement shall be deemed Landlord’s property under the terms of the Leasewaived by Lessee and, as a result, no reimbursement shall be due from Lessor.

Appears in 1 contract

Samples: Lease Agreement (Faro Technologies 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: Sublease Agreement (Genocea Biosciences, 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 Agreement (Dot Hill Systems Corp)

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: 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 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: Lease Agreement (Heat Biologics, Inc.)

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Tenant Improvements Allowance. (a) Using the TI Allowance (defined below), certain improvements shall be made to the Expansion Premises. At Tenant’s election, these improvements shall either be made by Landlord pursuant to Section 8(b) below, or the improvements shall be made by Tenant pursuant to Section 8(c) below. Landlord shall contribute up to a maximum amount of $220,720.70 (the “TI Allowance”) toward tenant improvements to be made to the Expansion Premises (the “Expansion Improvements”). Landlord shall be under no obligation to pay for any Expansion Improvements in excess of the TI Allowance. Further, such TI Allowance shall only be available for Tenant’s use through February 29, 2012, and Tenant hereby waives any and all rights to any unused portion of the TI Allowance remaining as of March 1, 2012. Tenant shall pay for the cost of the Expansion Improvements in excess of the TI Allowance. The Expansion Improvements shall be constructed in accordance with final plans to be submitted by Tenant and reviewed and approved by Landlord (the “Final Plans”) in accordance with the provisions of Section 12 of the Lease (Tenant-Made Alterations and Trade Fixtures). The failure of Tenant to take possession of or to occupy the Expansion Premises shall not serve to relieve Tenant of obligations arising pursuant to this First Amendment. (b) If Tenant elects to have Landlord construct the Expansion Improvements in accordance with Section 8(a) above, then the following shall be applicable: i. If the cost of the Expansion Improvements is estimated to exceed the TI Allowance, fifty percent (50%) of such estimated overage shall be paid by Tenant before Landlord begins construction and a final adjusting payment of the balance based upon the actual costs of the Expansion Improvements shall be made when the Expansion Improvements are complete. After Landlord and Tenant mutually approve the Final Plans and Tenant elects to have Landlord construct the Expansion Improvements, Landlord shall competitively bid the Expansion Improvements with three (3) general contractors and submit to Tenant an estimate of the costs associated with the Expansion Improvements (the “Construction Costs”). Upon approval by Tenant of the Construction Costs, not to be unreasonably withheld, conditioned or delayed, Landlord shall proceed with and complete the construction of the Expansion Improvements. If Tenant does not approve the Construction Costs, Tenant shall so advise Landlord in writing and Landlord shall determine whether changes can be made to the Final Plans and Construction Costs in a reasonable and feasible manner. ii. Subject to applicable ordinances and building codes governing Tenant’s right to occupy or perform in the Expansion Premises, Tenant shall be entitled allowed to install its tenant improvements, machinery, equipment, fixtures, or other property on the Expansion Premises during the final stages of completion of construction provided that Tenant does not thereby interfere with the completion of construction or cause any labor dispute as a tenant improvement allowance (result of such installations, and provided further that Tenant does hereby agree to indemnify, defend, and hold Landlord harmless from any loss or damage to such property, and all liability, loss, or damage arising from any injury to the “Tenant Expansion Improvements Allowance”) or the property of Landlord, its contractors, subcontractors, or materialmen, and any death or personal injury to any person or persons arising out of such installations, unless any such loss, damage, liability, death, or personal injury was caused by Landlord’s negligence. Any such occupancy or performance in the maximum aggregate amount Expansion Premises shall be in accordance with the provisions governing Tenant-Made Alterations and Trade Fixtures in the Lease, and shall be subject to Tenant providing to Landlord satisfactory evidence of $1,220,720.00 (insurance for personal injury and property damage related to such installations and satisfactory payment arrangements with respect to installations permitted hereunder. Delay in a total amount equivolent to $70.58 per rentable square foot putting Tenant in possession of the entire Expansion Premises initially leased hereundershall not serve to extend the term of this Lease or to make Landlord liable for any damages arising therefrom. (c) and adjusted based on If Tenant elects to construct the actual square footageExpansion Improvements in accordance with Section 8(a) (above, then the “Maximum Allowance Amount”) following shall be applicable: i. Landlord shall have no obligation to construct or pay for the hard costs and customary soft costs, as noted below, incurred construction of the Expansion Improvements. The Expansion Improvements shall be constructed by Tenant, including, without limitation, architectural and engineering fees, construction contractor fees, at Tenant’s project management feessole cost and expense, a 2% fee payable to in accordance with the Final Plans. However, Landlord or its affiliates for oversight and administrative costs related to shall provide 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 TI Allowance in accordance with this Work Letter (the “Tenant Improvements”Section 8(a). Landlord’s Project Oversight Fee payment of the TI Allowance to Tenant, or such portion thereof as Tenant may be entitled to, shall be equivolent to, but not exceed, a total of 2% made within thirty (30) days after each and all of the Tenant Improvement Allowance paid to Tenant. For following conditions shall have been satisfied: (i) reasonable evidence that the avoidance of any doubtExpansion Improvements have been substantially completed in accordance with the Final Plans; (ii) reasonable evidence that no mechanic’s liens, charges or orders have been filed against Landlord, the purchase and Premises or the Project by any contractors, suppliers, subcontractors, or materialmen furnishing labor, supplies or materials in the construction or installation of data the Expansion Improvements (or if any such liens, charges or orders have been filed, Tenant has discharged or bonded over the same); (iii) an appropriate certificate of occupancy for the Expansion Premises; and telecommunications cabling shall not be included in the definition of Tenant Improvements and (iv) 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 exist an Event 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 Default under the terms provisions of the Lease. If Landlord claims any credits against the TI Allowance for any costs paid directly by Landlord to third parties, Landlord shall provide Tenant with evidence of payment of such costs. Landlord represents that as of the date of this Amendment, it is not aware of, does not owe or has paid any such costs paid directly by Landlord to third parties that would be credited against the TI Allowance.

Appears in 1 contract

Samples: Lease Agreement (Volterra Semiconductor Corp)

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 1,803,800.00 (in a total amount equivolent to i.e., $70.58 40.00 per rentable square foot of the entire Premises initially leased hereunder) and adjusted based on the actual square footagePremises) (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 two percent (2%) 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 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 paymentPremises. 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 eighteen (18) months after the Effective Date of this 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 Txxxxx. Landlord and Tenant acknowledge and agree that the Tenant Improvements shall include, and the Tenant Improvements Allowance may be used for, those improvements made by Tenant to the Premises that commenced in April 2024, including all architectural and engineering fees incurred in connection therewith (including any such fees incurred prior to the commencement of the improvements).

Appears in 1 contract

Samples: Lease Agreement (Liquidia Corp)

Tenant Improvements Allowance. Notwithstanding the provisions of subparagraph (a) above, Landlord shall provide Tenant shall be entitled to with a tenant improvement allowance (Landlord's Allowance of $324,000.00 towards the Tenant Improvements Allowance”) Allowance in the maximum aggregate amount of $1,220,720.00 (in a total amount equivolent to $70.58 per rentable square foot accordance with Section 2.2 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 costsLease. The Tenant Improvement Allowance, as noted below, incurred which also contains any FEDC Funds obtained by Tenant, includingshall be used for the performance of Tenant's Work and Tenant's Improvements. The Tenant Improvements Allowance shall not be used for any purposes other than for payment of Tenant's Improvements and the cost of performing Tenant's Work or as otherwise provided by this Section 8; provided, without limitationhowever, architectural and engineering fees, construction contractor fees, Tenant’s project management fees, Tenant may use a 2% fee payable to Landlord or its affiliates for oversight and administrative costs related to portion of the Tenant Improvements Allowance (“Landlord’s Project Oversight Fee”), permits, and such other costs arising from or relating not 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 2exceed 10% of the Tenant Improvement Improvements Allowance) as payment for the cost of preparing Tenant's Plans and Specifications. Tenant, in its sole discretion, may also apply any and all unused portions of the Tenant Improvements Allowance paid to Tenant. For (i) the avoidance payment of any doubtthe Base Rent on a prorated basis over the first sixty (60) months of the Initial Term of the Lease in proportion to the rent schedule for the Initial Term, and/or (ii) the purchase of furniture, fixtures, and installation equipment ("FF&E"), provided that all Tenant Improvement Costs have been finalized and any FF&E so purchased shall be applicable to Landlord's lien right as defined in Section 11.2 of data and telecommunications cabling shall not be included the Lease. (i) If Tenant's Contractor is performing the work, as Tenant's Work progresses, Tenant may submit to Landlord a request (a "Draw Request") no later than the 5th day of each month in writing for a portion of the definition of Tenant Improvements and there Allowance, which request shall not be any Landlord’s Project Oversight Fee payable include: (i) a detailed breakdown of Tenant's construction costs, together with respect to costs and expenses related thereto. Tenant agrees to keep invoices therefor, incurred through the Landlord advised as to date of such Draw Request, (ii) a certified, written statement from Tenant's Architect that 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 payment is being requested have been completed in accordance with the Plans and Specifications, to the extent of the costs that are the subject of such Draw Request and (iii) lien waivers in form and substance satisfactory to Landlord from the Tenant's Contractor (and any subcontractors performing work which is the subject of such Draw Request), waiving any applicable mechanic's liens relating to such work ("Lien Waivers"). Upon Landlord's receipt and approval of a Draw Request, Landlord shall pay to Tenant the portion of the Tenant Improvements Allowance requested within 30 business days of Tenant's submission of the Draw Request, unless Landlord notifies Tenant in writing of Landloard's rejection (and the reasons therefor) of such Draw Request. If the actual cost of performance of the Tenant's Work exceeds the Tenant Improvements Allowance, then Tenant shall pay all such excess costs ("Excess Costs") in a timely manner and Landlord shall have no responsibility therefor. Notwithstanding anything to the contrary set forth herein, once Tenant has been used exhausted the Tenant Improvements Allowance, Tenant shall still nevertheless continue to pay deliver to Landlord not later than the 5th day of each month all of the information required to be delivered with the Draw Request set forth in Section 5(b) above. (ii) If Landlord's Contractor is performing the work, Landlord shall credit the Tenant Improvements Allowance against the cost of the Tenant's Work and the Excess Costs shall be deemed paid by Tenant. Landlord may, at its option, prior to the commencement of Tenant's Work, provide Tenant with an estimate, prepared by Landlord’s property under the terms , of the LeaseExcess Cost. In such event, Tenant shall, as a condition of the commencement of Tenant's Work, deposit the full amount of the estimated Excess Costs with the Landlord (the "Construction Deposit"). The Construction Deposit shall be applied by Landlord against the Excess Costs. Any amount remaining in the Construction Deposit shall be refunded to Tenant within 30 days following the Commencement Date and any deficiency in the Construction Deposit shall be paid by Tenant to Landlord within 30 days following written demand by Landlord. If Landlord does not require a Construction Deposit, Landlord shall provide Tenant an invoice for the Excess Costs following completion of Tenant's Work and Tenant shall pay such sum to Landlord within 30 days after receipt of such invoice. (iii) Tenant may request that a portion of the Tenant Improvements Allowance be used for the construction of six (6) covered parking spaces (the "Covered Spaces") on the south side of the Premises. Landlord shall have sole discretion in determining (i) the design of the Covered Spaces, (ii) the building materials used in their construction, and (iii) where the Covered Spaces will be located on the south side of the Premises. The Covered Spaces will immediately become the property of the Landlord upon completion.

Appears in 1 contract

Samples: Lease Agreement (OxySure Systems Inc)

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. (a) Tenant shall be entitled construct certain improvements to a tenant improvement allowance the Premises (collectively, the “Tenant Improvements”) pursuant to the terms of this Section 29. Promptly following execution of this Lease, Tenant shall submit in writing to Landlord the construction plans and specifications (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) Plans and adjusted based on the actual square footage) (the “Maximum Allowance AmountSpecs”) for the hard costs Tenant Improvements. Landlord shall respond to Tenant in writing within ten (10) business days after receipt of the Plans and customary soft costsSpecs either approving or rejecting such Plans and Specs; provided, as noted belowhowever, incurred Landlord’s approval shall not be unreasonably withheld, conditioned or delayed. In the event Landlord rejects the Plans and Specs, Landlord shall include the reasons for such rejection in its written response to Tenant. Tenant shall then have ten (10) business days to revise the Plans and Specs and resubmit such Plans and Specs to Landlord. This process shall continue until Landlord approves the Plans and Specs. Tenant shall construct the Tenant Improvements in accordance with the Plans and Specs using a contractor or contractors reasonably approved in writing by Landlord before the commencement of construction. Tenant may not change the Plans and Specs without first obtaining Landlord’s consent, not to be unreasonably withheld, conditioned or delayed for non-structural changes. (b) Landlord shall pay for the Tenant Improvements up to a maximum amount of $35,000.00 (the “Allowance”). In the event the actual cost of the Tenant Improvements exceeds the Allowance, such overage shall be borne exclusively by Tenant. Landlord makes no representation or warranty whatsoever as to the total cost of the Tenant Improvements and Tenant acknowledges that the cost of the Tenant Improvements may exceed the Allowance. Any portion of the Allowance not used by Tenant by July 1, 2017 shall be retained by Landlord. (c) All Tenant Improvements shall be deemed Alterations (for purposes of this Lease), and shall be performed by licensed contractors or subcontractors selected by Tenant and approved by Landlord (such approval not to be unreasonably withheld, conditioned or delayed), in a good and workmanlike manner and shall comply at the time of completion with all Laws. Landlord shall pay the Allowance to Tenant in progress payments provided that the following conditions have been satisfied: (i) Tenant observes and complies with all applicable provisions of this Lease, including, without limitation, architectural Section 12 with respect to Alterations and engineering feesthis Section 29, construction (ii) as of the payment date, all work completed shall have been done in a good and workmanlike manner, (iii) no Event of Default exists under this Lease, (iv) Tenant delivers a copy to Landlord of the paid or unpaid receipts or invoices substantiating the costs for which reimbursement or payment is requested, and (v) Tenant delivers signed lien waivers from the general contractor feesand all subcontractors and materialmen providing services or supplying materials in connection with the work completed as of such payment date. Provided the foregoing conditions are met, Landlord shall reimburse Tenant or pay directly to Tenant’s project management feescontractor(s), a 2% fee payable to Landlord as requested by Tenant, the required amount within thirty (30) days after Landlord’s receipt and approval of Tenant’s request for reimbursement or its affiliates for oversight and administrative costs related to payment. (d) The Commencement Date will occur on the date set forth in Section 1(d) hereof, regardless of whether the Tenant Improvements (“Landlord’s Project Oversight Fee”), permits, and are substantially completed by such other costs arising from date. The failure of Tenant to take possession of or relating to the design and construction of Tenant’s improvements which are to be permanently affixed to occupy 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 serve to relieve Tenant of obligations arising on the definition Commencement Date or delay the payment of Rent by Tenant Improvements and there hereunder, nor shall not be any Landlord’s Project Oversight Fee payable with respect such failure serve to costs and expenses related thereto. Tenant agrees to keep extend the Landlord advised as to the progress Term 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 1 contract

Samples: Deed of Lease (U.S. Auto Parts Network, Inc.)

Tenant Improvements Allowance. Landlord agrees that from the Effective Date and until August 1, 2019, 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 perform 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 cause to be permanently affixed performed or shall request that Landlord perform or cause to be performed certain improvements to the Premises requested by Tenant and approved in accordance with this Work Letter advance by Landlord, such approval not to be unreasonably withheld or delayed (the “Tenant Improvements”). Landlord’s Project Oversight Fee shall be equivolent to, but not exceed, a total of 2% The cost of the Tenant Improvement Allowance paid to Improvements shall be split equally between Landlord and Tenant. For the avoidance of any doubt, the purchase and installation of data and telecommunications cabling shall not be included but 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 perform or cause to this be performed any Tenant Work Letter in a total amount which exceeds the Maximum Allowance Amount. All Improvements, or reimburse Tenant for any Tenant Improvements for which performed by Tenant as noted below, in excess of Two Hundred Twenty-One Thousand Five Hundred and 00/100 Dollars ($221,500.00) in the aggregate (“Allowance”) and any Tenant Improvements in excess of the Allowance shall be at Tenant's sole cost and expense. Upon completion of any portion of the Tenant Improvements Allowance has been used Work, if Tenant elects to have Landlord perform or cause to be performed certain improvements to the Premises, Tenant shall pay to Landlord one-half the cost of the Tenant Improvements plus one hundred percent of the cost of the Tenant Improvements in excess of the Allowance, within thirty (30) days after receipt of invoice for the same from Landlord, and such amounts due hereunder from Tenant shall be deemed Landlord’s property under the terms Additional Rent. In no event shall any unused Allowance funds be used by Tenant for Rent. Upon completion of any portion of the LeaseTenant Improvements Work, if Tenant elects to perform or cause to be performed certain improvements to the Premises, Tenant shall provide paid invoices and supporting lien waiver and other documentation to Landlord for reimbursement of one-half the cost of the Tenant Improvements up to the remaining Allowance, which Landlord shall pay within thirty (30) days after receipt of request from Tenant with the invoices, waivers and supporting documentation.

Appears in 1 contract

Samples: Lease Amendment (Power Solutions International, 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 Agreement (Braeburn Pharmaceuticals, Inc.)

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 are incurred by Sublessee upon Sublessee’s delivery to the escrow agent of the following: (i) a requisition specifying the work, materials and customary soft costsservices 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 architect to the effect that the amounts requisitioned are proper in all material respects and that the work and materials represented thereby have been installed substantially in accordance with 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 for any reason shall not delay the commencement of the Term, or the Commencement Date. The Allowance may be used 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 may not be 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 applied towards the next Base Rent payment due. The other one-half of the remaining Allowance shall be returned to Sublessor without credit to Sublessee. (b) All Work undertaken by Sublessee shall comply with (i) the Building Code of the City and County of San Francisco and State of California or other laws, codes, ordinances and regulations, as noted beloweach may apply according to the rulings of the controlling public official, incurred by Tenantagent or other such person, including(ii) applicable standards of the National Board of Fire Underwriters and National Electrical Code and (iii) building material manufacturers’ specifications. Performance of the Work shall be subject to the terms and conditions of the Lease, including without limitation, architectural and engineering fees, the payment by Sublessee of any construction contractor fees, Tenant’s project management fees, a 2% supervisory 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”)Lease. 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 Sublessor shall not be included assess a separate construction supervisory fee 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 addition to the progress of supervisory fee payable to Landlord. (c) Sublessee acknowledges that asbestos-containing materials (“ACM”) may be present at the work by providing copies of Subleased Premises and that airborne asbestos fibers may create a health hazard unless proper procedures are followed when performing any Work, including 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 initial tenant improvements for which the Tenant Improvements Allowance has been used is provided. Before commencing any Work, Sublessee and its contractor shall consult with Landlord and Landlord’s asbestos consultant concerning appropriate procedures to be followed. Landlord may require initial asbestos related work to be performed prior to commencement of Sublessee’s Work and may require Sublessee to consent to additional terms and conditions. Any such Landlord work shall be performed at Sublessee’s sole expense. During performance of any Work, Sublessee shall require that its contractor comply with all laws, rules, regulations and other governmental requirements, as well as all directives of Landlord’s asbestos consultant respecting ACM. Sublessee hereby irrevocably appoints Landlord and Landlord’s asbestos consultant as Sublessee’s attorney-in-fact for purposes of supervising and directing any asbestos-related aspects of the Work, but such appointment shall not relieve Sublessee from its obligations hereunder, nor impose any affirmative requirement on Landlord or Sublessor to provide such supervision or direction. (d) Sublessee acknowledges that (i) any Work performed within the Subleased Premises may trigger a requirement that fire sprinklers be installed in the ceiling of the Subleased Premises; and (ii) installation of fire sprinklers in the ceiling of the Subleased Premises may trigger a requirement that suspected ACM contained therein be removed or otherwise remediated. Sublessor shall have no responsibility to pay shall be deemed Landlord’s property under the terms any of the Leasecosts or expenses connected with these requirements other than paying the Allowance into Escrow as provided in paragraph (a) above.

Appears in 1 contract

Samples: Sublease (Geopetro Resources Co)

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