Common use of Tenant Plan Excess Costs Clause in Contracts

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), together with a construction management fee equal to six percent (6%) of such and (ii) all costs of the Landlord’s Work for the Additional Premises in excess of the 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.

Tenant Plan Excess Costs. Notwithstanding anything contained in this Work Letter Exhibit B 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 Exhibit B-1 hereto (the Plans (including, without limitation, any Change Orders), together with a construction management fee equal to six percent (6%) of such and (ii) all costs of the Landlord’s Work for the Additional Premises in excess of the 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 's Work, with the balance of the Tenant Plan Excess Costs due upon substantial completion of the Landlord’s 's Work; provided, however, that in the event that the Tenant Plan Excess Costs exceed $30,000.00 10,000,00 (the “"Maximum Amount”"), then Tenant shall pay to Landlord, as Additional Rent prior Rent, at the time that Tenant approves any Change Order that causes the Tenant Plan Excess Costs to exceed the Commencement of Landlord’s WorkMaximum Amount, all Tenant Plan Excess Costs in excess of the Maximum Amount.

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 attached to this First Amendment as Exhibit B (including, without limitation, any Change Orders), together with a construction management fee equal to six percent (6%) of such and (ii) all costs of the Landlord’s Work for the Additional Premises in excess of the 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 's Work, with the balance of the Tenant Plan Excess Costs due upon substantial completion of the Landlord’s Work's Work respecting New Premises; provided, however, that in the event that the Tenant Plan Excess Costs exceed $30,000.00 10,000 (the “"Maximum Amount”"), then Tenant shall pay to Landlord, as Additional Rent prior Rent, at the time that Tenant approves any Change Order that causes the Tenant Plan Excess Costs to exceed the Commencement of Landlord’s WorkMaximum Amount, all Tenant Plan Excess Costs in excess of the Maximum Amount. SECOND AMENDMENT TO LEASE SECOND AMENDMENT TO LEASE dated as of this 24th day of July, 2006 by and between BOSTON PROPERTIES LIMITED PARTNERSHIP, a Delaware limited partnership, the general partner of which is Boston Properties, Inc., a Delaware corporation, as landlord ("Landlord") and ROVING SOFTWARE INCORPORATED, a Delaware corporation, d/b/a CONSTANT CONTACT, as tenant ("Tenant").

Tenant Plan Excess Costs. Notwithstanding anything contained in this Work Letter Agreement 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 Exhibit B-3 attached to the Plans (including, without limitation, any Change Orders), together with a construction management fee equal to six percent (6%) of such Lease and (ii) all the costs of any items of work shown as a “Tenant Cost” on Exhibit B-3 (by virtue of an “X” being noted in the Landlord’s Work for Tenant Cost column) (the Additional Premises in excess of the Additional Premises Tenant Allowance (collectively, the ““ Tenant Plan Excess CostsCosts ”). 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 Substantial Completion of the Landlord’s Work; provided, however, that in the event that the Tenant Plan Excess Costs exceed $30,000.00 20,000 (the ““ Maximum AmountAmount ”), then Tenant shall pay to Landlord, as Additional Rent prior Rent, at the time that Tenant approves any Change Order that causes the Tenant Plan Excess Costs to exceed the Commencement of Landlord’s WorkMaximum Amount, all Tenant Plan Excess Costs in excess of the Maximum Amount, provided, however, that if the Tenant Plan Excess Costs exceed the Maximum Amount as a result of a Change Order, then Tenant shall pay to Landlord, as Additional Rent, at the time Tenant approves such Change Order in accordance with Section 1.1(A)(2), all such Tenant Plan Excess Costs in excess of the Maximum Amount.

Tenant Plan Excess Costs. Notwithstanding anything contained in this Work Letter Agreement 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 Exhibit B-2 attached to the Plans (including, without limitation, any Change Orders), together with a construction management fee equal to six percent (6%) of such Lease and (ii) all the costs of any items of work shown as a “Tenant Cost” on Exhibit B-2 (by virtue of an “X” being noted in the Landlord’s Work for the Additional Premises in excess of the Additional Premises Tenant Allowance Cost column) (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 (x) if the Tenant Plan Excess Costs exceed $30,000.00 10,000.00 (the “Maximum Amount”), then Tenant shall pay to Landlord, as Additional Rent prior to the Commencement of Landlord’s WorkRent, all Tenant Plan Excess Costs in excess of the Maximum Amount prior to the commencement of the Landlord’s Work and (y) if the Tenant Plan Excess Costs exceed the Maximum Amount as a result of a Change Order, then Tenant shall pay to Landlord, as Additional Rent, at the time Tenant approves such Change Order in accordance with Section 1.1(A)(2), all such Tenant Plan Excess Costs in excess of the Maximum Amount.

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 the costs of (i) the costs of any items of work not shown on the Plans (including, without limitation, any Change Orders), together Exhibit C-1 attached hereto that are requested by Tenant of Landlord to be performed in connection with a construction management fee equal to six percent (6%) of such Landlord’s Work and (ii) all costs these items of work specified on the Landlordturnkey matrix (attached as Exhibit C-1) as being at Tenant’s Work for the Additional Premises in excess of the Additional Premises Tenant Allowance cost and expense (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 30,000 (the “Maximum Amount”), then Tenant shall pay to Landlord, as Additional Rent prior at the time that Tenant approves any Change Order that causes the Tenant Plan Excess Costs to exceed the Commencement of Landlord’s WorkMaximum Amount, all Tenant Plan Excess Costs in excess of the Maximum Amount.