Common use of Tenant Improvements; Tenant Allowance Clause in Contracts

Tenant Improvements; Tenant Allowance. (a) BASE BUILDING STATUS; ACCESS FOR TENANT IMPROVEMENTS. On or about the date (the "TENANT ACCESS DATE") that construction of the Base Building has progressed to the point that Tenant and Tenant's Agents may proceed with the construction of the Initial Tenant Improvements without any material interference with or delay in the construction of the Initial Tenant Improvements resulting from any uncompleted Landlord's work or the construction activities of Landlord or Landlord's Agents that cannot be resolved by reasonable mutual cooperation and sequencing of activities, Landlord shall so notify Tenant. Landlord shall cause the Tenant Access Date to occur on or before MARCH 1, 1998, subject to extension only for Tenant Delays or any delay resulting from Force Majeure. From and after the Tenant Access Date, Tenant and Tenant's Agents shall have continuous non-exclusive access to the Premises on the terms described above, at Tenant's own risk, expense (except as expressly provided herein) and responsibility, for the construction of the Initial Tenant Improvements without material interference from Landlord or Landlord's Agents. Tenant and Tenant's Agents will consult and cooperate with Landlord's general contractor regarding the scheduling of Tenant's work so as to coordinate Tenant's activities after the Tenant Access Date with any Base Building work still being performed by Landlord's general contractor and to prevent any interference on the part of Landlord's Agents with Tenant's work and on the part of Tenant's Agents with Landlord's work. The foregoing notwithstanding, during that portion of the pre-Commencement Date period starting with the date that is 60 days after the Tenant Access Date Tenant shall have exclusive access to the Premises (other than access on the part of Landlord or its Agents to complete punchlist items, conduct inspections, or complete any items of unfinished work provided such access does not interfere with or delay Tenant's work). In connection with such access prior to the Commencement Date, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the term of this Lease had already commenced, except that Tenant shall have no obligation to pay the Minimum Annual Rent, Annual Operating Expenses or utilities until the Commencement Date (as defined below). During such pre-Commencement Date access, Landlord shall provide Tenant, without charge, utilities, heat, air conditioning (when reasonably required by Tenant), general building security, and staging areas. Tenant shall be responsible at its expense for all trash removal directly related to the construction of the Initial Tenant Improvements or Tenant's furnishing and equipping the Premises.

Tenant Improvements; Tenant Allowance. (a) BASE BUILDING STATUS; ACCESS FOR TENANT IMPROVEMENTS. On or about Tenant desires to make tenant improvements within the date (the "TENANT ACCESS DATE") that construction of the Base Building has progressed to the point that Tenant and Tenant's Agents may proceed with the construction of the Initial Tenant Improvements without any material interference with or delay in the construction of the Initial Tenant Improvements resulting from any uncompleted Landlord's work or the construction activities of Landlord or Landlord's Agents that cannot be resolved by reasonable mutual cooperation and sequencing of activities, Landlord shall so notify Tenant. Landlord shall cause the Tenant Access Date to occur on or before MARCH 1, 1998, subject to extension only for Tenant Delays or any delay resulting from Force Majeure. From and after the Tenant Access Date, Tenant and Tenant's Agents shall have continuous non-exclusive access to the Premises on the terms described above, at Tenant's own risk, expense (except as expressly provided herein) and responsibility, for the construction of the Initial Tenant Improvements without material interference from Landlord or Landlord's Agents. Tenant and Tenant's Agents will consult and cooperate with Landlord's general contractor regarding the scheduling of Tenant's work so as to coordinate Tenant's activities after the Tenant Access Date with any Base Building work still being performed by Landlord's general contractor and to prevent any interference on the part of Landlord's Agents with Tenant's work and on the part of Tenant's Agents with Landlord's work. The foregoing notwithstanding, during that portion of the pre-Commencement Date period starting with the date that is 60 days after the Tenant Access Date Tenant shall have exclusive access to the Existing Premises (other than access on the part of Landlord or its Agents to complete punchlist items, conduct inspections, or complete any items of unfinished work provided such access does not interfere with or delay Tenant's work“Tenant Improvements”). In connection with such access prior Subject to the Commencement Date, Tenant shall abide by the terms and conditions of this Lease including carrying Eighth Amendment and the insurance specified Work Letter, attached hereto as Exhibit B, Landlord agrees to reimburse Tenant for the TI Costs incurred by Tenant in connection with the LeaseTenant Improvements in an amount not to exceed $65,120.00 (“Tenant Allowance”). The “TI Costs” shall include all of the following costs: space planning and studies; architectural and engineering fees; permits, approvals and other governmental fees; construction costs, taxes, and all other costs expended or to be expended in connection with the Tenant Improvements, as if applicable. Tenant may use up to $32,560.00 of the Tenant Allowance (“FF&E Maximum Amount”) for the installation of Tenant’s telecom/data, furniture, fixtures and equipment for the Premises (as that term is defined in Paragraph 2 above) and moving expenses incurred with respect to the Premises. The FF&E Maximum Amount shall be disbursed to Tenant within ten (10) days after Landlord’s receipt of this Lease had already commencedTenant’s written request for the same, except which request shall be accompanied by an itemization of the costs associated with any such installation of such telecom/data, furniture, fixtures and equipment for the Premises and moving expenses incurred with respect to the Premises, together with paid receipts showing that the requested sums were spent on same. If Tenant fails to satisfy all of the conditions set forth in Paragraph 6 of the Work Letter attached hereto as Exhibit B and/or request reimbursement of the Tenant Allowance (or unpaid portion thereof) within twelve (12) months following the Expansion Commencement Date, then Tenant’s right to receive the same shall be deemed waived and null and void, and Landlord shall thereafter have no obligation to pay the Minimum Annual Rent, Annual Operating Expenses Tenant Allowance (or utilities until the Commencement Date (as defined below). During such pre-Commencement Date access, Landlord shall provide unpaid portion thereof) to Tenant, without charge, utilities, heat, air conditioning (when reasonably required by Tenant), general building security, and staging areas. Tenant shall be responsible at its expense for all trash removal directly related to the construction of the Initial Tenant Improvements or Tenant's furnishing and equipping the Premises.

Tenant Improvements; Tenant Allowance. (a) BASE BUILDING STATUS; ACCESS FOR TENANT IMPROVEMENTS. On or about the date (the "“TENANT ACCESS DATE"”) that construction of the Base Building has progressed to the point that Tenant and Tenant's ’s Agents may proceed with the construction of the Initial Tenant Improvements without any material interference with or delay in the construction of the Initial Tenant Improvements resulting from any uncompleted Landlord's ’s work or the construction activities of Landlord or Landlord's ’s Agents that cannot be resolved by reasonable mutual cooperation and sequencing of activities, Landlord shall so notify Tenant. Landlord shall cause the Tenant Access Date to occur on or before MARCH 1, 1998, subject to extension only for Tenant Delays or any delay resulting from Force Majeure. From and after the Tenant Access Date, Tenant and Tenant's ’s Agents shall have continuous non-exclusive access to the Premises on the terms described above, at Tenant's ’s own risk, expense (except as expressly provided herein) and responsibility, for the construction of the Initial Tenant Improvements without material interference from Landlord or Landlord's ’s Agents. Tenant and Tenant's ’s Agents will consult and cooperate with Landlord's ’s general contractor regarding the scheduling of Tenant's ’s work so as to coordinate Tenant's ’s activities after the Tenant Access Date with any Base Building work still being performed by Landlord's ’s general contractor and to prevent any interference on the part of Landlord's ’s Agents with Tenant's ’s work and on the part of Tenant's ’s Agents with Landlord's ’s work. The foregoing notwithstanding, during that portion of the pre-Commencement Date period starting with the date that is 60 days after the Tenant Access Date Tenant shall have exclusive access to the Premises (other than access on the part of Landlord or its Agents to complete punchlist items, conduct inspections, or complete any items of unfinished work provided such access does not interfere with or delay Tenant's ’s work). In connection with such access prior to the Commencement Date, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the term of this Lease had already commenced, except that Tenant shall have no obligation to pay the Minimum Annual Rent, Annual Operating Expenses or utilities until the Commencement Date (as defined below). During such pre-Commencement Date access, Landlord shall provide Tenant, without charge, utilities, heat, air conditioning (when reasonably required by Tenant), general building security, and staging areas. Tenant shall be responsible at its expense for all trash removal directly related to the construction of the Initial Tenant Improvements or Tenant's ’s furnishing and equipping the Premises.

Tenant Improvements; Tenant Allowance. (a) BASE BUILDING STATUS; ACCESS FOR TENANT IMPROVEMENTS. On or about Landlord, through the date Contractor and subcontractors, shall complete construction of the improvements agreed upon between Landlord and Tenant (the "TENANT ACCESS DATETenant Improvements") that construction of the Base Building has progressed to the point that Tenant and Tenant's Agents may proceed in accordance with the construction of the Initial Tenant Improvements without any material interference with or delay in the construction of the Initial Tenant Improvements resulting from any uncompleted Landlord's work or the construction activities of Landlord or Landlord's Agents that cannot be resolved by reasonable mutual cooperation and sequencing of activities, Landlord shall so notify Tenantthis Section 28. Landlord and shall cause the Tenant Access Date deliver such Premises in its then “as is” condition, except as set forth in this Lease. Landlord agrees to occur on or before MARCH 1, 1998, subject to extension only for Tenant Delays or any delay resulting from Force Majeure. From and after the Tenant Access Date, Tenant and Tenant's Agents shall have continuous non-exclusive access to the Premises on the terms described above, complete such construction at Tenant's own risk, ’s sole expense (except as expressly otherwise provided hereinin Exhibit “D” attached hereto) equal to the aggregate of all costs, expenses and fees incurred by or on behalf of Landlord in connection therewith (the “Tenant’s Cost”), including without limitation (i) architectural, engineering and design costs (whether incurred by Landlord or Tenant), (ii) the cost charged to Landlord by Landlord’s general contractor (the "Contractor") and responsibilityall subcontractors for performing such construction, for and (iii) the construction cost to Landlord of performing directly any portion of such construction. Landlord agrees to credit Tenant with an allowance equal to Forty-Three and 00/100 Dollars ($43.00) per rentable square foot of the Initial Premises (the “Tenant Improvement Allowance”). Landlord and Tenant hereby agree that the Minimum Annual Rent hereunder is subject to adjustment based upon the aggregate cost of the Tenant Improvements, including out-of-pocket expenses and reasonable soft costs, as follows: in the event that the actual aggregate costs of the Tenant Improvements without material interference from Landlord or Landlord's Agents. Tenant are an amount less than $43.00 per rentable square foot (the “Cost Savings”), the Minimum Annual Rent hereunder shall be decreased each year by an amount equal to seven percent (7%) of the difference between (i) $43.00 per rentable square foot multiplied by 101,269 rentable square feet, and Tenant's Agents will consult and cooperate with Landlord's general contractor regarding (ii) the scheduling actual aggregate cost of Tenant's work so as to coordinate Tenant's activities after the Tenant Access Date with any Base Building work still being performed by Landlord's general contractor and to prevent any interference on the part of Landlord's Agents with Tenant's work and on the part of Tenant's Agents with Landlord's workImprovements. The foregoing notwithstanding, during that portion In lieu of the pre-Commencement Date period starting with the date that is 60 days after the Tenant Access Date foregoing, Tenant shall have exclusive access the right upon notice to Landlord to apply the Cost Savings towards additional improvements to the Premises. In addition, Tenant may request an additional tenant improvement allowance equal to Four and 00/100 Dollars per rentable square foot of the Premises (other than access on the part of “Additional Allowance”), which amounts (i) would be amortized at a rate per annum equal to ten percent (10%) and the resulting monthly amount so amortized will be added to the Monthly Minimum Rent, and (ii) may be applied towards the Tenant Improvements or additional tenant improvements, but not furniture, fixtures and equipment. Landlord shall obtain or its Agents cause Contractor to obtain all applicable licenses, permits and approvals to complete punchlist items, conduct inspections, or the Tenant Improvements in accordance with all applicable Laws. Landlord covenants to require Contractor to construct and complete any items of unfinished work provided such access does not interfere the Tenant Improvements in accordance with or delay Tenant's work). In connection with such access prior to the Commencement Date, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the term of this Lease had already commenced, except that Tenant shall have no obligation to pay the Minimum Annual Rent, Annual Operating Expenses or utilities until the Commencement Date Final Drawings (as defined below). During such pre-Commencement Date access, Landlord shall provide Tenant, without charge, utilities, heat, air conditioning (when reasonably required by Tenant), general building security, in a good and staging areas. Tenant shall be responsible at its expense for workmanlike manner and in compliance with all trash removal directly related to the construction of the Initial Tenant Improvements or Tenant's furnishing and equipping the PremisesLaws.