Tenant Plan Excess Costs. Notwithstanding anything contained in this Work Agreement to the contrary, it is understood and agreed that Tenant shall be fully responsible for the costs of any items of work not shown on Exhibit B-2 attached to the Lease (the “Tenant Plan Excess Costs”) and for the costs of any Change Orders (the “Change Order Costs”). To the extent, if any, that there are Tenant Plan Excess Costs, Tenant shall reimburse Landlord, as Additional Rent, within ten (10) business days of billing therefore, from time to time during the performance of Landlord’s Work, the Tenant Plan Excess Costs (but no more often than one (1) time per thirty (30) day period), the Tenant Plan Excess Costs in the proportion that the Tenant Plan Excess Costs bear to the total cost of the Landlord’s Work; provided, however, that in the event that the Tenant Plan Excess Costs exceed Ten Thousand Dollars ($10,000.00) (the “Maximum Amount”), then Tenant shall pay to Landlord, as Additional Rent, at the time that Tenant approves any single Change Order that causes the Tenant Plan Excess Costs to exceed the Maximum Amount, all such Tenant Plan Excess Costs in excess of the Maximum Amount, provided, however, that if the Tenant Plan Excess Costs exceed the Maximum Amount, then Tenant shall pay to Landlord, as Additional Rent, all such Tenant Plan Excess Costs in excess of the Maximum Amount. In the event there are any Change Orders, then with respect to each Change Order, Tenant shall pay to Landlord (i) at the time of Landlord’s approval of such Change Order Fifty Percent (50%) of the Change Order Costs for such Change Order and (ii) at the time of Substantial Completion of each Change Order Fifty Percent (50%) of the Change Order Costs for such, provided, however, if any individual Change Order exceeds Ten Thousand Dollars ($10,000.00), Tenant shall pay to Landlord (a) Fifty Percent (50%) of the Change Order Costs for such Change Order and the amount of the entire Change Order Costs in excess of Ten Thousand Dollars ($10,000.00) at the time Landlord approves such Change Order, and (b) at the time of substantial completion of the Change Order Tenant shall pay to Landlord the balance of the Change Order Costs for such Change Order. EXHIBIT B-2 Approved Fit Plan and Approved Turnkey Matrix B-2-7 DELINEATION OF TENANT IMPROVEMENT TURN-KEY SCOPE 2/8/11 Element Description Turn - Key Scope Not Included in Turn-Key Demolition Misc. Demo as required to accommodate Fit Plan X Finish Carpentry Relocate existin...
Tenant Plan Excess Costs. Notwithstanding anything contained in this Work Letter to the contrary, it is understood and agreed that Tenant shall be fully responsible for (i) the costs of any items of work not shown on the Plans (including, without limitation, any Change Orders), (ii) all costs of the Landlord’s Work for the Second Additional Premises in excess of the Second Additional Premises Tenant Allowance (collectively, the “Tenant Plan Excess Costs”). To the extent, if any, that there are Tenant Plan Excess Costs, Tenant shall pay Landlord, as Additional Rent, fifty percent (50%) of the Tenant Plan Excess Costs prior to the commencement of the Landlord’s Work, with the balance of the Tenant Plan Excess Costs due upon substantial completion of the Landlord’s Work; provided, however, that in the event that the Tenant Plan Excess Costs exceed $30,000.00 (the “Maximum Amount”), then Tenant shall pay to Landlord, as Additional Rent prior to the Commencement of Landlord’s Work, all Tenant Plan Excess Costs in excess of the Maximum Amount. In the event that there are funds remaining from the Additional Premises Tenant Allowance associated with the First Amendment to Lease, then Tenant may apply any or all of the remaining amount to the Second Additional Premises Tenant Allowance for use in the work scope in the Second Additional Premises.
Tenant Plan Excess Costs. Notwithstanding anything contained in this Work Agreement to the contrary, it is understood and agreed that Tenant shall be fully responsible for the costs of any items of work not shown on Exhibit B-2 attached to the Lease as being paid for by Landlord (the “Tenant Plan Excess Costs”). To the extent, if any, that there are Tenant Plan Excess Costs, Tenant shall pay Landlord, as Additional Rent, the Tenant Plan Excess Costs prior to the commencement of the Landlord’s Work. EXHIBIT B-2 Plans Boston Properties Proteon Therapeutics Tenant Work Letter 000 Xxxx Xxxxxx DELINEATION OF Proteon Therapeutics TURN-KEY MATRIX May 21, 2009 Turn- Key Tenant Element Description Scope Cost Demo Finish Carpentry Doors & Frames Existing Office Doors to Remain As-Is X Install New Wood Doors PM Frames And Sidelight In New Offices (4) To Match Existing X Install New Passage Sets On New Offices X Drywall Build (4) New Offices Along Perimeter Wall (Fl To ACT Ceiling) X Acoustic Ceilings Kerf Existing Ceiling Tile Around New Walls To Accommodate New Layout. X Flooring Install New Vinyl Wall Base In 4 New Offices X Wall Finishes Paint Wall In 4 New Offices (2 Coats) X Turn-Key Tenant Element Description Scope Cost Equipment/Specialties Equipment/Specialties cont. Fire Extinguishers As Required by Code X Signage Building Directory X Fire Protection Relocate/Add Fire Sprinkler Heads To Accommodate New Layout X New Fire Horn/Strobe Units To Accommodate New Layout X Plumbing HVAC Relocate/Add New Ductwork And Diffuser To Accommodate New Layout X Electrical Existing Light Fixtures/Wall Switches And Outlets Will Remain As-is In Existing Offices X Install New Or Relocate Existing 2’X4’ Parabolic Light Fixtures To Accommodate New Layout X Install (1) New Wall Switch Per New Office X Exist Signs/Fire Alarm Devices as Required by Code X Turn-Key Tenant Element Description Scope Cost Install (2) New Outlets In 4 New Offices X Telecom/Security Design of Tel/Data/Furniture X Tel/Data Cabling And Final Connections X Telecom/Security cont. Tel/Data Equipment And Permit X Design Services Design for Turnkey Scope X Life/Safety Engineering for Fire Protection & Fire Alarm Modification if Required by Code X EXHIBIT C Intentionally Omitted Exhibit C EXHIBIT D LANDLORD SERVICES
Tenant Plan Excess Costs. To the extent the Approved Tenant Plan Costs exceed the Landlord's Contribution set forth in Section 3.6, or the cost of the Tenant Improvement Work exceeds the Approved Tenant Plan Costs as a result of 44 S:\Lcgal\Waltham\77 Fourth Avcnuc\Lcascs\Phasc Forward (HJ.doc Change Orders requested by Tenant or any Tenant Delay, such excess costs are hereinafter referred to as "Tenant Plan Excess Costs" and shall be paid by Tenant as Additional Rent in accordance with said Section 3.6. Tenant shall notify Landlord in writing, within three (3) days of receipt by Tenant of the Tenant Plans Cost Notice, of either its approval thereof and its authorization to Landlord to proceed with the Tenant Improvement Work in accordance with the Tenant Plans in the event Landlord had no objection to the Tenant Plans, or changes in the Tenant Plans prepared by Tenant's architect which shall be responsive to any objections raised by Landlord. In the event of the latter modification, Landlord shall, as soon as practicable after Landlord obtains price quotations for any changes in the Tenant Plans, quote to Tenant all changes in Tenant Plan Excess Costs resulting from said plan modifications and whether Landlord approves the revised Tenant Plans. Tenant shall, within five (5) days after receipt of Landlord's revised quotation of Tenant Plan Excess Costs submit to Landlord any revisions to the Tenant Plans required by Landlord.
Tenant Plan Excess Costs. Notwithstanding anything contained in this Work Agreement to the contrary, it is understood and agreed that Tenant shall be fully responsible for the costs of any items of work not shown on Exhibit B-2 attached to the Lease requested by Tenant pursuant to Section 1.1(A)(2) of this Work Agreement, and the costs of any items of work shown as a
Tenant Plan Excess Costs. To the extent such costs exceed the Tenant Allowance set forth in Section 1.4 of this Work Agreement, such excess costs are hereinafter referred to as “Tenant Plan Excess Costs” and shall be paid by Tenant as Additional Rent in accordance with Section 1.5 of this Work Agreement. Tenant shall notify Landlord in writing, within three (3) days of receipt by Tenant of Landlord’s statement of Tenant Plan Excess Costs, of either its approval thereof and its authorization to Landlord to proceed with Landlord’s Expansion Third Floor Work in accordance with the Plans, or changes in the Plans reasonably acceptable to Landlord. In the event of the latter modification, Landlord shall, as soon as practicable after Landlord obtains price quotations for any changes in the Plans, quote to Tenant all changes in Tenant Plan Excess Costs resulting from said plan modifications.
Tenant Plan Excess Costs. Notwithstanding anything contained in this Exhibit B to the contrary, it is understood and agreed that Tenant shall be fully responsible for the costs of Landlord’s Work in the Second Amendment Additional Premises over and above the amount of the “Second Amendment Allowance” (as defined below) (the “Tenant Plan Excess Costs”). To the extent, if any, that there are Tenant Plan Excess Costs, Tenant shall pay Landlord, as Additional Rent, within ten (10) business days after billing therefor, from time to time during the performance of the applicable component of the Landlord’s Work in the Second Amendment Additional Premises, in the proportion that Tenant Plan Excess Costs for the Landlord’s Work in the Second Amendment Additional Premises bears to the overall cost of such work (including, without limitation, architectural and engineering fees and tel/data cabling installation costs); provided however, that if the Tenant Plan Excess Costs are the result of a Change Order, then Tenant shall pay all such Tenant Plan Excess Costs to Landlord, as Additional Rent, at the time that Tenant approves such Change Order in accordance with Section 1.1(B)(3) above.
Tenant Plan Excess Costs. To the extent, if any, that there are Tenant Plan Excess Costs, Tenant shall pay Landlord, as Additional Rent, fifty percent (50%) of the Tenant Plan Excess Costs prior to the commencement of Landlord's Work, and Tenant shall reimburse Landlord, as Additional Rent, within ten (10) days after the billing therefor by Landlord, from time to time during the performance of Landlord's Work, on account of the reminder of the Tenant Plan Excess Costs an amount equal to the product of (i) the cost of Landlord's Work performed during the period described in such xxxx, multiplied by (ii) a fraction, the numerator of which is the amount of the remainder of the Tenant Plan Excess Costs and the denominator of which is the total estimated cost of Landlord's Work, with any remaining Tenant Plan Excess Costs being due upon the substantial completion of Landlord's Work.
Tenant Plan Excess Costs. To the extent such costs exceed the remaining available portion of the Tenant Allowance set forth in Section 1.4 of Exhibit B (as reasonably determined by Landlord), such excess costs are hereinafter referred to as “Tenant Existing Premises Plan Excess Costs” and shall be paid by Tenant as Additional Rent in accordance with Section 1.5 of this Work Agreement. Tenant shall notify Landlord in writing, within three (3) days of receipt by Tenant of Landlord’s statement of Tenant Existing Premises Plan Excess Costs, of either its approval thereof and its authorization to Landlord to proceed with Landlord’s Existing Premises Third Floor Work in accordance with the Existing Premises Plans, or changes in the Existing Premises Plans reasonably acceptable to Landlord. In the event of the latter modification, Landlord shall, as soon as practicable after Landlord obtains price quotations for any changes in the Existing Premises Plans, quote to Tenant all changes in Tenant Existing Premises Plan Excess Costs resulting from said plan modifications.
Tenant Plan Excess Costs. It is understood and agreed that Landlord shall be responsible for the design costs associated with the Landlord’s Work and Tenant shall be responsible (as part of Tenant Plan Excess Costs, as hereinafter defined) for the design costs associated with the Additional Tenant Work. On or before January 28, 2005, Landlord shall furnish to Tenant a written statement of (i) the costs of the Additional Tenant Work including the “Tenant’s Supplemental A/C Units Costs” (defined in Section 3.5 hereof) (such costs in the aggregate being hereinafter referred to as the “Tenant Plan Excess Costs”), which such costs shall include a construction management fee equal to 4% of the Additional Tenant Work costs in excess of $200,000.00 and shall be paid by Tenant as Additional Rent in accordance with Section 3.4 below, and (ii) Landlord’s estimate of any delay which would likely result in the completion of the Landlord’s Work as the result of any particular item of Additional Tenant Work. In addition, Landlord shall not charge the 4% construction management fee on the cost of Tenant’s installation of its telecommunications wiring and cabling. Tenant shall be solely responsible for the installation thereof at its sole cost and expense and Landlord shall have no obligation to manage or otherwise oversee the installation thereof but Tenant shall comply with the provisions of Section 2.2 hereof.
