The Allowance. In the Leases, Landlord agreed to contribute $1,050,000 (the "Allowance," as defined herein) toward the cost of Landlord's Work. Tenant has requested Landlord to increase the Allowance to $1,250,000, which Landlord has agreed to do. Accordingly, notwithstanding anything to the contrary in the Leases, the Allowance is hereby increased to $1,250,000.00, which amount shall, along with Landlord's willingness to make the TI Loan, be Landlord's total contribution, in the aggregate, toward Landlord's Work.
The Allowance. (1) Conditions for payment of the allowance. The allowance shall be paid to a duty engineer who is required –
(a) to make himself available to deal with an emergency situation which could reasonably have been anticipated. (In the event of the duty engineer being absent from home he should have left information where he can be contacted or have arranged for another duty engineer to assure his responsibilities for the period of absence.);
(b) to deal with any unforeseen emergency situation when contacted;
(c) to be in attendance, where considered reasonable and approved by the Divisional Manager, at any regular or special Council meetings of City, Borough or District Councils or other meetings outside normal conditioned hours in connection with his official duties; and
(d) to answer and deal with complaints at home if available.
(2) Calculation of allowance The allowance shall be fixed annual sum calculates as one-third of the current full “on- call” allowance. (See Annex 1)
(3) Payment of allowance The allowance shall be paid in monthly instalments with salary payments.
(4) The allowance will not be paid to an officer for any period during which he is in receipt of full “on-call” or “stand-by” allowance.
The Allowance. Value for an Allowance Item includes the direct cost of labor, materials, equipment, transportation, taxes and insurance associated with the applicable Allowance Item. All other costs, including design fees, Design-Builder’s overall project management and general conditions costs, overhead and fee, are deemed to be included in the original Contract Sum, and are not subject to adjustment, regardless of the actual amount of the Allowance Item.
The Allowance. If the Work involves progress payments, Landlord shall apply the amounts deposited by Tenant first. If, after final completion and payment for the Work, the actual amount of Tenant's Cost exceeds the estimated amount, Tenant shall pay the difference to Landlord within three (3) days after Landlord so requests. If such estimated amount exceeds the actual amount of Tenant's Cost, Landlord shall provide a refund of the difference. Tenant's Cost shall be deemed "rent" under the Lease (and all remedies for the non-payment of rent shall be available to Landlord therefor), and Tenant's obligations under the Lease to keep the Premises and Building free of liens shall apply to any liens arising from any failure to pay Tenant's Cost hereunder.
The Allowance. Landlord will make available to Tenant up to Eight Hundred Ninety Eight Thousand Four Hundred Forty Dollars ($898,440.00) (the “Allowance”) for the “hard” and “soft” costs of its initial improvement of the Premises, plus the lesser of Twenty Thousand Dollars ($20,000.00) or one-half (1/2) the actual out-of-pocket cost incurred by Tenant to acquire and install a transformer and to distribute power to the Building. Within thirty (30) days after Tenant’s submission of appropriate paid invoices, Landlord will also reimburse up to Seven Thousand Four Hundred Eighty Seven Dollars ($7,487.00) of Tenant’s actual out-of-pocket costs for a preliminary space plan:
(a) Tenant may use the Allowance for its cost of moving to the Premises, installation of security systems, project management fees and for furniture, fixtures and equipment located at the Premises (all of which will be maintained free and clear of liens, claims, security interests or other interest of third parties);
(b) Landlord will disburse the Allowance no more frequently than once each month; however, Landlord will not disburse ten percent (10%) of the hard and soft costs of the initial improvements (as determined by the contract to construct such improvements and such other documentation as Landlord may request in order to determine that cost) until the final disbursement. Each disbursement will be made within thirty (30) calendar days after Landlord’s receipt of (i) a copy of Tenant’s check paying the amount of the disbursement it seeks, and (ii) copies of invoices and lien waivers from the general contractor and subcontractors who performed the work for which the disbursement is sought. However, the final disbursement will be made upon completion of the initial improvements, Tenant’s acceptance of the Premises and occupancy of them, and Tenant’s submission of: (1) general contractor and architect’s completion affidavits; (2) full and final unconditional waivers of lien from the general contractor and all subcontractors and supplies; (3) receipted bills covering all labor and materials expended and used; (4) as-built plans of the initial improvements; (5) the certification of Tenant’s general contractor and architects that the initial improvements have been installed in a good and workmanlike manner substantially in accordance with the approved plans, and in accordance with Applicable Laws as defined in Article 9; and (6) a copy of Tenant’s check paying the amount of the disbursement it seeks. Landlo...
The Allowance. As an inducement to Lessee to enter into the Lease, ------------- but subject to paragraph 3.2 below and as otherwise provided in the Lease and this Exhibit D-3, Lessor agrees to reimburse Lessee for: (1) the cost of construction of the Tenant Improvements identified on the approved Final Plans; (2) costs of any permits or licensing fees; (3) payment of the fees of the Architect, Engineer and Lessee's space planner (the "Planner") (at a cost not to exceed twenty cents ($.20) per Adjusted Rentable Square Foot of the Leased Premises for the services of the Planner) for the Tenant Improvements; and (4) any other costs approved by Lessor including planning and design costs ("Tenant Improvement Costs") up to a cost not to exceed twenty dollars ($20) for each Adjusted Rentable Square Foot in the Leased Premises (the "Allowance"). If the Allowance is not used for Tenant Improvement Costs, the unused portion shall revert to Lessor and shall not be available for any other purpose by Lessee.
The Allowance. The reference to “$40.00 per rentable square foot” in the second sentence of Section 4 of the Work Letter Agreement is hereby deleted and replaced with “the sum of (x) $40.00 per rentable square foot and (y) $50,000”.
