Total Construction Costs. D-5 Transfer.........................................................................................................10 Work............................................................................................................
Total Construction Costs. The total amount of hard costs and expenditures incurred with respect to site development work or the vertical construction of improvements on Real Estate prepared in accordance with GAAP. Total Construction Costs shall not include amounts specifically reimbursable by tenants or other third parties (excluding lenders, joint venture partners, equity investors or similar Persons).
Total Construction Costs. Tenant shall bear the entire cost of performing the Work (including, without limitation, design of the Work and preparation of the Working Drawings, costs of construction labor and materials, removing any improvements currently in the Leased Premises, electrical usage during construction, additional janitorial services, general tenant signage, and related taxes and insurance costs, all of which costs are herein collectively called the "Total Construction Costs").
Total Construction Costs. D-3 Transfer ......................................................... 9 Work ............................................................. D-1 Working Drawings ................................................. D-1 Working Drawings Delivery Deadline ............................... D-1 THIS LEASE AGREEMENT (this "LEASE") is entered into as of October 4, 2004, between W9/TIB III REALTY, L.L.C., a Delaware limited liability company ("LANDLORD"), and AIRVANA, INC., a Delaware corporation ("TENANT").
Total Construction Costs. The entire cost of performing the Leasehold Improvements and any Tenant Extra Work (as hereinafter defined), including the costs of space planning, design, architectural, engineering, construction, labor and materials, electrical and other utility usage during construction, architectural, engineering and construction contractor’s fees associated with the construction of the Leasehold Improvements, related taxes and insurance costs, licenses, permits, governmental approvals, certifications, and other approvals required by applicable law and associated with the Leasehold Improvements, are herein collectively referred to as the “Total Construction Costs”. Landlord shall charge Tenant a construction oversight fee of four percent (4%) of the Total. Construction Costs, plus Landlord’s out-of-pocket costs (if any).
Total Construction Costs. Tenant shall bear the entire cost of performing the Work (including, without limitation, the cost of preparing the Working Drawings, costs of construction labor and materials, removing any improvements currently in the Premises (including the Additional Premises), electrical usage during construction, additional janitorial services, general tenant signage, and related taxes and insurance costs, all of which costs are herein collectively called the “Total Construction Costs”) in excess of the Construction Allowance (hereinafter defined). Upon completion of the Work, Tenant shall pay to Landlord a construction management fee in an amount equal to five percent (5%) of the total costs of construction, labor, materials, and removal of any improvements currently in the Premises (including the Additional Premises) and such fee shall be deducted from the Construction Allowance.
Total Construction Costs. The entire cost of performing the Work, all of which costs are herein collectively called the “Total Construction Costs”) in excess of the Construction Allowance (hereinafter defined) shall be paid by Tenant. Upon approval of the Working Drawings, selection of a contractor and determination of the estimated Total Construction Costs, Tenant shall promptly execute a work order agreement which identifies such drawings and itemizes the Total Construction Costs and sets forth the Construction Allowance.
Total Construction Costs. Sellers represents that the Construction Budgets sets forth their best faith estimate of the total Project Costs in connection with the development of the Construction Facilities. Prior to the Closing Date, Sellers will have paid a sufficient amount of such costs so that the remaining Project Costs will not exceed the Completion Holdback.
Total Construction Costs. D-1 LEASE AGREEMENT
Total Construction Costs. Landlord and Tenant approve the Construction Budget attached hereto as Exhibit E-3. During the performance of the Work, Landlord shall cause the Construction Manager to revise and update and remit the Construction Budget to Landlord and Tenant as applicable in connection with any further amendments or changes to any plans and specifications pertaining to the Work (including change orders). Landlord and the Tenant, each acting reasonably, shall cooperate to review any revisions or modifications to the Construction Budget and with a view to adjusting, modifying, redesigning and/or reducing the elements of the Work such that the Total Construction Costs, if possible, do not exceed the approved Construction Budget. Such determinations shall be made by the parties collectively, each of them acting reasonably. Landlord and Tenant shall each approve any revisions to the Construction Budget in the same manner and at the same time as contemplated in connection with the approval of the Construction Documents and the approved Construction Budget, and any approved amendments or modifications thereto, shall be deemed to form a part of the Construction Documents. Neither Landlord nor Tenant shall unilaterally revise or amend any approved Construction Budget without the prior written approval of the other party. For the avoidance of doubt, no consent or approval shall be required for revisions or amendments to items of the Construction Budget that are clearly identified (e.g., double asterisk, “NO CONSENT”, or the like).
