Common use of Work Cost Estimate and Statement Clause in Contracts

Work Cost Estimate and Statement. Prior to the commencement of -------------------------------- construction of any of the Tenant Improvements shown on the Final Plans, Landlord will submit to Tenant a written estimate of the cost to complete the Tenant Improvement Work, which written estimate will be based on the Final Plans taking into account any modifications which may be required to reflect changes in the Final Plans required by the City or County in which the Premises are located (the "Work Cost Estimate"). Tenant will either approve the Work Cost Estimate or disapprove specific items and submit to Landlord revisions to the Final Plans to reflect deletions of and/or substitutions for such disapproved items. Submission and approval of the Work Cost Estimate will proceed in accordance with the Work Schedule. Upon Tenant's approval of the Work Cost Estimate (such approved Work Cost Estimate to be hereinafter known as the "Work Cost Statement"), Landlord will have the right to purchase materials and to commence the construction of the items included in the Work Cost Statement pursuant to Paragraph 6 hereof. If the total costs reflected in the Work Cost Statement exceed the Allowance described in Paragraph 5 below, Tenant agrees to pay such excess, as additional rent, within five (5) business days after Tenant's approval of the Work Cost Estimate. Throughout the course of construction, any differences between the estimated Work Cost in the Work Cost Statement and the actual Work Cost will be determined by Landlord and appropriate adjustments and payments by Landlord or Tenant, as the case may be, will be made within five (5) business days thereafter.

Appears in 1 contract

Samples: Work Letter Agreement (Virtual Mortgage Network Inc)

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Work Cost Estimate and Statement. Prior to the commencement of -------------------------------- construction of any of the Tenant Improvements shown on the Final Plans, Landlord will cause the Approved Contractor to submit to Tenant a written estimate of the cost to complete the Tenant Improvement Work, which written estimate will be based on the Final Plans taking into account any modifications which may be required to reflect changes in the Final Plans required by the City or County in which the Premises are located (the "Work Cost Estimate"). Tenant will either approve the Work Cost Estimate or disapprove specific items and submit to Landlord revisions to the Final Plans to reflect deletions of and/or substitutions for such disapproved items. Submission and approval of the Work Cost Estimate will proceed in accordance with the Work Schedule. Upon Tenant's approval of the Work Cost Estimate (such approved Work Cost Estimate to be hereinafter known as the "Work Cost Statement"), Landlord will have the right to purchase materials and to commence the construction of the items included in the Work Cost Statement pursuant to Paragraph 6 hereof. If the total costs reflected in the Work Cost Statement exceed the Allowance described in Paragraph 5 below, Tenant agrees to pay such excess, as additional rent, within five (5) business days after Tenant's approval of the Work Cost Estimate. Throughout the course of construction, any differences between the estimated Work Cost in the Work Cost Statement and the actual Work Cost will be determined by Landlord and appropriate adjustments and payments by Landlord or Tenant, as the case may be, will be made within five (5) business days thereafter.

Appears in 1 contract

Samples: Letter Agreement (New Century Financial Corp)

Work Cost Estimate and Statement. Prior to the commencement of -------------------------------- construction of any of the Tenant Improvements shown on the Final Plans, Landlord will submit to Tenant a written estimate of the cost to complete the Tenant Improvement WorkImprovements, which written estimate will be based on the Final Plans taking into account any modifications which may be required to reflect changes in the Final Plans required by the City or County in which the Premises are located (the "Work Cost Estimate"). Tenant will either approve the Work Cost Estimate or disapprove specific items and submit to Landlord revisions to the Final Plans to reflect deletions of and/or substitutions for such disapproved items. Submission and approval of the Work Cost Estimate will proceed in accordance with the Work Schedule. Upon Tenant's ’s approval of the Work Cost Estimate (such approved Work Cost Estimate to be hereinafter known as the "Work Cost Statement"), Landlord will have the right to purchase materials and to commence the construction of the items included in the Work Cost Statement pursuant to Paragraph 6 Section 4 hereof. If the total costs reflected in the Work Cost Statement exceed the Allowance described in Paragraph 5 belowor Expansion Space Allowance, respectively, Tenant agrees to pay such excess, as additional rent, within five (5) business days Business Days after Tenant's ’s approval of the Work Cost Estimate. Throughout the course of construction, any differences between the estimated Work Cost in the Work Cost Statement and the actual Work Cost will be determined by Landlord and appropriate adjustments and payments by Landlord or Tenant, as the case may be, will be made within five (5) business days Business Days thereafter.

Appears in 1 contract

Samples: Work Letter Agreement (Borland Software Corp)

Work Cost Estimate and Statement. Landlord shall select the general contractor for the Tenant Improvements. Prior to the commencement of -------------------------------- construction of any of the Tenant Improvements shown on the Final Plans, Landlord will submit to Tenant a written estimate of the cost (the “Work Cost”) to complete the Tenant Improvement WorkImprovements, which written estimate will be based on the Final Plans taking into account any modifications which may be required to reflect changes in the Final Plans required by the City or County in which the Premises are located (the "Work Cost Estimate"). Tenant will either approve the Work Cost Estimate or disapprove specific items and submit to Landlord revisions to the Final Plans to reflect deletions of and/or substitutions for such disapproved items. Submission and approval of the Work Cost Estimate will proceed in accordance with the Work Schedule. Upon Tenant's ’s approval of the Work Cost Estimate (such approved Work Cost Estimate to be hereinafter known as the "Work Cost Statement"), Landlord will have the right to purchase materials and to commence the construction of the items included in the Work Cost Statement pursuant to Paragraph 6 hereofStatement. If the total costs reflected in the Work Cost Statement exceed the Allowance described in Paragraph 5 belowTenant Improvement Allowance, Tenant agrees to pay such excess, as additional rentAdditional Rent, (a) fifty percent (50%) within five (5) business days after Tenant's ’s approval of the Work Cost EstimateEstimate and the remaining fifty percent (50%) upon substantial completion of the Tenant Improvements. Throughout lf, after the course of construction, any differences between the estimated Work Cost in Final Plans have been prepared and the Work Cost Statement and the actual Work Cost will has been established, Tenant requires any changes or substitutions to Final Plans, any additional costs related thereto are to be determined paid by Tenant to Landlord and appropriate adjustments and payments by Landlord or Tenant, as the case may be, will be made within five (5) business days thereafterafter invoice therefor. Any changes to the Final Plans requires Landlord’s prior written approval, which approval shall not be unreasonably withheld. Changes to the Final Plans will, if necessary, require the Work Cost Statement to be revised and agreed upon between Landlord and Tenant and paid as provided for above.

Appears in 1 contract

Samples: Agreement of Lease

Work Cost Estimate and Statement. Prior to the commencement of -------------------------------- construction of any of the Tenant Leasehold Improvements shown on the Final Plans, Landlord will shall submit to Tenant a written estimate of Work Cost of the cost to complete the Tenant Improvement WorkLeasehold Improvements, which written estimate will shall be based on the Final Plans taking into account any modifications which may be required to reflect changes in the Final Plans required by the City or County in which the Premises are located (the "Work Cost Estimate")Plans. Tenant will shall either approve the Work Cost Estimate estimate or disapprove specific items and submit to Landlord revisions to the of Final Plans to reflect deletions the deletion of and/or substitutions substitution for such disapproved items. Submission and approval Failure of Tenant to disapprove any specific items within five (5) business days of the Work Cost Estimate will proceed in accordance with submission of such estimate (as the Work Schedulesame may be revised) shall be deemed approval thereof. Upon Tenant's approval of the Work Cost Estimate (said estimate, such approved Work Cost Estimate estimate to be hereinafter known as the "Work Cost Statement"), ," Landlord will shall have the right to purchase materials and to commence the construction of the items included in the said Work Cost Statement pursuant to Paragraph 6 4 hereof. If In the event the total costs reflected in the Work Cost Statement exceed the Allowance described in Paragraph 5 belowAllowance, Tenant agrees to shall pay such excess, as additional rent, within five fifteen (515) business days after Tenant's approval Tenant receives an invoice from Landlord (which invoice may be given prior to installation of the Work Cost EstimateLeasehold Improvements). Throughout the course of construction, any Any differences between the estimated Work Cost in the Work Cost Statement and the actual Work Cost will shall be determined by Landlord and appropriate adjustments and payments by Landlord or Tenant, as the case may be, will shall be made within five fifteen (515) business days thereafter.

Appears in 1 contract

Samples: Office Lease (Cardiogenesis Corp /Ca)

Work Cost Estimate and Statement. Prior to the commencement of -------------------------------- construction of any of the Tenant Improvements shown on the Final PlansConstruction Drawings, as provided in the Work Schedule, Landlord will submit require Contractor to bid the Construction Drawings to three (3) subcontractors in each principal trade for the construction of the Tenant Improvements, which bids shall include any qualified subcontractors selected by Tenant and provided to Landlord in writing in a timely manner. Based in part on the bids selected by Contractor, Contractor shall prepare a written estimate of the cost to complete the Tenant Improvement Work, which written estimate will be based on the Final Plans taking into account any modifications Construction Drawings provided to Contractor (which may or may not be required to reflect changes a final version thereof). Landlord shall take such estimate and prepare a report which includes other costs of the work and fees such as space planning, architectural, engineering, supervision, insurance, and other soft costs incurred in the Final Plans required by the City or County in which the Premises are located connection therewith (the "Work Cost Estimate"). Tenant will either approve the Work Cost Estimate or disapprove specific items and submit to Landlord revisions to the Final Plans Construction Drawings to reflect deletions of and/or substitutions for such disapproved items, and delays attributable to such changes shall be Tenant Delays. Submission and approval of the Work Cost Estimate will proceed in accordance with the Work Schedule. Upon Tenant's written approval of the Work Cost Estimate (such approved Work Cost Estimate is referred to be hereinafter known herein as the "Work Cost Statement"), Landlord will have the right to cause Contractor to purchase materials and to commence the construction of the items included in the Work Cost Statement pursuant to Paragraph 6 hereof. If the total costs reflected in the Work Cost Statement exceed the sum of the Allowance described in Paragraph 5 (defined below), Tenant agrees to pay such excess, as additional rent, excess without notice within five (5) business days after Tenant's approval of the Work Cost Estimate. Throughout the course of construction, any differences between the estimated Work Cost in the Work Cost Statement and the actual Work Cost will be determined by Landlord and appropriate adjustments and payments by Landlord or Tenant, as the case may be, will be made within five (5) business days thereafter.

Appears in 1 contract

Samples: Office Lease (Usurf America Inc)

Work Cost Estimate and Statement. Prior to the commencement of -------------------------------- construction of any of the Tenant Improvements shown on the Final Plans, Landlord will submit to Tenant a written estimate of the cost to complete the Tenant Improvement Work, which written estimate will be based on the Final Plans taking into account any modifications which may be required to reflect changes in the Final Plans required by the City or County in which the New Premises are is located (the "Work Cost Estimate"). Tenant will either approve the Work Cost Estimate or disapprove specific items and submit to Landlord revisions to the Final Plans to reflect deletions of and/or substitutions for such disapproved items. Submission and approval of the Work Cost Estimate will proceed in accordance with the Work Schedule. Upon Tenant's approval of the Work Cost Estimate (such approved Work Cost Estimate to be hereinafter known as the "Work Cost Statement"), Landlord will have the right to purchase materials and to commence the construction of the items included in the Work Cost Statement pursuant to Paragraph Section 6 hereof. If the total costs reflected in the Work Cost Statement exceed the Allowance as described in Paragraph 5 Section 5(b) below, Tenant agrees to pay such excess, as additional rent, within five ten (510) business days after Tenant's approval of the Work Cost EstimateEstimate or amortize such excess pursuant to Section 5(b) below. Throughout the course of construction, any differences between the estimated Work Cost in the Work Cost Statement and the actual Work Cost will be determined by Landlord and appropriate adjustments and payments by Landlord or Tenant, as the case may be, will be made within five ten (510) business days thereafter, or amortize such excess pursuant to Section 5(b) below.

Appears in 1 contract

Samples: Work Letter Agreement (Starbase Corp)

Work Cost Estimate and Statement. Prior to the commencement of -------------------------------- construction of any of the Tenant Allowance Improvements shown on the Allowance Improvement Final Plans, Landlord will submit to Tenant a written estimate of the cost (the “Work Cost”) to complete the Tenant Improvement WorkAllowance Improvements, which written estimate EXHIBIT C will be based on the Allowance Improvement Final Plans taking into account any modifications which may be required to reflect changes in the Allowance Improvements Final Plans required by the City or County in which the Premises are located (the "Work Cost Estimate"). Tenant will either approve the Work Cost Estimate or disapprove specific items and submit to Landlord revisions to the Allowance Improvement Final Plans to reflect deletions of and/or substitutions for such disapproved items. Submission and approval of the Work Cost Estimate will proceed in accordance with the Work Schedule. Upon Tenant's ’s approval of the Work Cost Estimate (such approved Work Cost Estimate to be hereinafter known as the "Work Cost Statement"), Landlord will have the right to purchase materials and to commence the construction of the items included in the Work Cost Statement pursuant to Paragraph 6 Section 3.10 hereof. If the total costs reflected in the Work Cost Statement exceed the Allowance described in Paragraph 5 Section 3.9 below, Tenant agrees to pay such excess, as additional rent, within five twenty (520) business days after Tenant's ’s approval of the Work Cost Estimate. Throughout the course of construction, any differences between the estimated Work Cost in the Work Cost Statement and the actual Work Cost will be determined by Landlord and approved by Tenant, and appropriate adjustments and payments by Landlord or Tenant, as the case may be, will be made within five twenty (520) business days thereafter.

Appears in 1 contract

Samples: Work Letter Agreement (Gigamon LLC)

Work Cost Estimate and Statement. Prior to the commencement of -------------------------------- construction of any of the Tenant Improvements shown on the Final Plans, Landlord Tenant will submit to Tenant obtain a written estimate of the cost to complete the Tenant Improvement WorkWork (the "Work Cost"), which written estimate will be based on the Final Plans taking into account any modifications which may be required to reflect changes in the Final Plans required by the City or County in which the Premises are located (the "Work Cost Estimate"). Landlord and Tenant will either approve the Work Cost Estimate or disapprove specific items and submit in which event Tenant will cause Tenant's Architect to Landlord revisions to revise the Final Plans to reflect deletions of and/or substitutions for such disapproved items. Submission and Upon approval of the Work Cost Estimate will proceed in accordance with the Work Schedule. Upon Tenant's approval of the Work Cost Estimate by Landlord and Tenant (such approved Work Cost Estimate to be hereinafter known as the "Work Cost Statement"), Landlord will have the right to purchase materials and Tenant shall cause its contractor to commence the construction of the items included in the Work Cost Statement pursuant to Paragraph 6 hereof. If the total costs reflected in the Work Cost Statement exceed the Allowance described in Paragraph 5 below, Tenant agrees to pay such excess, as additional rent, within five (5) business days after Tenantexcess on a pro rata basis concurrently with Landlord's approval disbursement of the Work Cost EstimateAllowance. Throughout the course of construction, any differences between the estimated Work Cost in the Work Cost Statement and the actual Work Cost will be reasonably determined by Landlord and Tenant and appropriate adjustments and payments by Landlord or Tenant, as the case may be, will be made within five (5) business days promptly thereafter.

Appears in 1 contract

Samples: Office Building Lease (Supergen Inc)

Work Cost Estimate and Statement. Prior to the commencement of -------------------------------- construction of any of the Tenant Improvements shown on the Final Plans, Landlord will submit to Tenant a written estimate of the cost to complete the Tenant Improvement Work, which written estimate will be based on the Final Plans taking into account any modifications which may be required to reflect changes in the Final Plans required by the City or County in which the Premises are located (the "Work Cost Estimate"). Tenant will either approve the Work Cost Estimate or disapprove specific items and submit to Landlord revisions to the Final Plans to reflect deletions of and/or substitutions for such disapproved items. Submission and approval of the Work Cost Estimate will proceed in accordance with the Work Schedule. Upon Tenant's approval of the Work Cost Estimate (such approved Work Cost Estimate to be hereinafter known as the "Work Cost Statement"), Landlord will have the right to purchase materials and to commence the construction of the items included in the Work Cost Statement pursuant to Paragraph 6 hereof. If the total costs reflected in the Work Cost Statement exceed the Allowance described in Paragraph 5 below, Tenant agrees to pay one-half of such excess, as additional rent, within five (5) business days after Tenant's approval of the Work Cost EstimateEstimate and the remainder at substantial completion as defined in Paragraph 8(b) of this Work Letter Agreement. Throughout the course of construction, any differences between the estimated Work Cost in the Work Cost Statement and the actual Work Cost will be determined by Landlord and appropriate adjustments and payments by Landlord or Tenant, as the case may be, will be made within five (5) business days thereafter.

Appears in 1 contract

Samples: Letter Agreement (California First National Bancorp)

Work Cost Estimate and Statement. Prior to the commencement of -------------------------------- ------------------------------------ construction of any of the Tenant Improvements shown on the Final Plans, Landlord will competitively bid the Tenant Improvement Work to a minimum of three (3) general contractors approved by Landlord, in Landlord's sole and absolute discretion. Landlord shall select the lowest qualified bid and shall submit to Tenant a written estimate of the cost (the "Work Cost") to complete the Tenant Improvement Work, which written estimate will be based on the Final Plans taking into account any modifications which may be required to reflect changes in the Final Plans required by the City or County in which the Premises are is located (the "Work Cost Estimate"). Tenant will either approve the Work Cost Estimate or disapprove specific items and submit to Landlord revisions to the Final Plans to reflect deletions of and/or substitutions for such disapproved items. Submission and approval of the Work Cost Estimate will proceed in accordance with the Work Schedule. Upon Tenant's approval of the Work Cost Estimate (such approved Work Cost Estimate to be hereinafter known as the "Work Cost Statement"), Landlord will have the right to purchase materials and to commence the construction of the items included in the Work Cost Statement pursuant to Paragraph Section 6 hereof. If the total costs reflected in the Work Cost Statement exceed the Allowance described in Paragraph Section 5 below, Tenant agrees to pay such excess, as additional rent, within five (5) business days after Tenant's approval of the Work Cost Estimate. Throughout the course of construction, any differences between the estimated Work Cost in the Work Cost Statement and the actual Work Cost will be determined by Landlord and appropriate adjustments and payments by Landlord or Tenant, as the case may be, will be made within five (5) business days thereafter.

Appears in 1 contract

Samples: Office Lease (Mego Financial Corp)

Work Cost Estimate and Statement. Prior to the commencement of -------------------------------- construction of any of the Tenant Improvements shown on the Final Plans, Landlord will submit to Tenant a written estimate of the cost to complete the Tenant Improvement Work, including hard and soft costs as itemized in Paragraph 5(a) below (collectively, the "Work Cost") which written estimate will be based on the Final Plans bid submitted by the successful general contractor, taking into account any modifications which may be required to reflect changes in the Final Plans required by the City or County in which the Premises are located (the "Work Cost Estimate"). Tenant will either approve the Work Cost Estimate or disapprove specific items and submit to Landlord revisions to the Final Plans to reflect deletions of and/or substitutions for such disapproved items. Submission and approval of the Work Cost Estimate will proceed in accordance with the Work Schedule. Upon Tenant's approval of the Work Cost Estimate (such approved Work Cost Estimate to be hereinafter known as the "Work Cost Statement"), Landlord will have the right to purchase materials and to commence the construction of the items included in the Work Cost Statement pursuant to Paragraph 6 hereof. If the total costs reflected in the Work Cost Statement exceed the Allowance described in Paragraph 5 below, Tenant agrees to pay such excess, as additional rent, within five (5) business days after Tenant's approval of the Work Cost Estimate. Throughout the course of construction, any differences between the estimated Work Cost in the Work Cost Statement and the actual Work Cost will be determined by Landlord and appropriate adjustments and payments by Landlord or Tenant, as the case may be, will be made within five (5) business days thereafter.

Appears in 1 contract

Samples: Work Letter Agreement (Simpson Manufacturing Co Inc /Ca/)

Work Cost Estimate and Statement. Prior to the commencement of -------------------------------- construction of any of the Tenant Improvements shown on the Final PlansPlan, as provided in the Work Schedule, Landlord will cause the Contractor to submit to Landlord and Tenant a written estimate of the cost to complete the Tenant Improvement Work, which written estimate will be based on the Final Plans taking which shall not take into account any modifications which may be required to reflect changes in the Final Plans required by the City or County City, County, Fire Department, Architectural Control Committee, and other governmental approvals in which the Premises are located together with all space planning, architectural engineering, supervision and other costs incurred in connection therewith (the "Work Cost Estimate"). Tenant will either approve the Work Cost Estimate or disapprove specific items and submit to Landlord revisions to the Final Plans to reflect deletions of and/or substitutions for such disapproved items, and delays attributable to such changes shall be Tenant Delays, if and to the extent provided pursuant to Paragraph 8 below. Submission and approval of the Work Cost Estimate will proceed in accordance with the Work Schedule. Upon Tenant's written approval of the Work Cost Estimate (such approved Work Cost Estimate to be hereinafter known as the "Work Cost Statement"), Landlord will have cause the right Contractor to purchase materials and to commence the construction of the items included in the Work Cost Statement pursuant to Paragraph 6 hereof. The Work Cost Statement will include a guaranteed maximum price contract with the Contractor, subject to allowances where the scope of the work is not specifically defined, and such Work Cost Statement will not materially change without the prior consent of Tenant, unless such change is caused by a governmental requirement or such other third party requirement (other than with respect to the changes set forth in the guaranteed maximum price contract) beyond the control of Landlord, and in such event, Landlord will promptly notify Tenant of such requirement and corresponding change to the Work Cost Statement. In connection with the work set forth in the Work Cost Statement, the Contractor shall cap its fee for overhead and profit and its budget for general conditions at an amount not to exceed ten percent (10%) of the guaranteed maximum price contract. If the total costs reflected in the Work Cost Statement exceed the Allowance as more specifically described in Paragraph 5 below, Tenant agrees to pay such excess, as additional rent, excess within five twenty (520) business days after Tenantbilling therefor by Landlord without further notice (provided that such billed amount reflects work performed), and Landlord's approval billing will be within thirty (30) days of the Work Cost Estimatedate that said funds are due by Landlord to its contractor or subcontractor. Throughout the course of construction, any differences between the estimated Work Cost in the Work Cost Statement and the actual Work Cost will be determined by Landlord and appropriate adjustments and payments by Landlord or Tenant, as the case may be, will be made within five twenty (520) business days thereafterof billing, as set forth above. Delays in completion of the Tenant Improvements shall be Tenant Delays, if caused by matters set forth in Paragraph 8 below.

Appears in 1 contract

Samples: Office Lease (Sm&a Corp)

Work Cost Estimate and Statement. Prior to the commencement of -------------------------------- construction of any of the Tenant Improvements shown on the Final Plans, Landlord will submit to Tenant a written estimate of the cost (the “Work Cost”) to complete the Tenant Improvement Work, which written estimate will be based on the Final Plans taking into account any modifications which may be required to reflect changes in the Final Plans required by the City or County in which the Premises are located (the "Work Cost Estimate"). Tenant will either approve the Work Cost Estimate or disapprove specific items and submit to Landlord revisions to the Final Plans to reflect deletions of and/or substitutions for such disapproved items. Submission and approval of the Work Cost Estimate will proceed in accordance with the Work Schedule. Upon Tenant's ’s approval of the Work Cost Estimate (such approved Work Cost Estimate to be hereinafter known as the "Work Cost Statement"), Landlord will have the right to purchase materials and to commence the construction of the items included in the Work Cost Statement pursuant to Paragraph Section 6 hereof. If the total costs reflected in the Work Cost Statement exceed the Allowance described in Paragraph Section 5 below, Tenant agrees to pay such excess, as additional rentAdditional Rent, within five (5) business days after Tenant's ’s approval of the Work Cost EstimateEstimate or within five (5) business days after Tenant’s receipt of Landlord’s invoice therefor. Throughout the course of construction, any differences between the estimated Work Cost in the Work Cost Statement and the actual Work Cost will be determined by Landlord and appropriate adjustments and payments by Landlord or Tenant, as the case may be, Tenant will be made within five (5) business days thereafterafter Landlord’s invoice therefor.

Appears in 1 contract

Samples: Office Lease (Xponential Fitness, Inc.)

Work Cost Estimate and Statement. Prior to the commencement of -------------------------------- construction of any of the Tenant Improvements shown on the Final Plans, Landlord will competitively bid the Final Plans to a minimum of three (3) contractors (one of which shall be chosen by Tenant) and thereafter submit to Tenant a copy of the bids. The bids shall be based upon a Stipulated Sum Contract with the contractor and shall include a written estimate of the cost to complete the Tenant Improvement WorkWork (the “Work Cost”), which written estimate will be based on the Final Plans taking into account any modifications which may be required to reflect changes in the Final Plans required by the City or County in which the Premises are is located (the "Work Cost Estimate"). Landlord and Tenant shall jointly select the contractor based upon the final bids received. Once the contractor has been selected, Tenant will either approve the Work Cost Estimate or disapprove specific items and/or value engineer the Work Cost Estimate, and submit to Landlord revisions to the Final Plans to reflect deletions of and/or substitutions for such disapproved items. Submission and approval of the Work Cost Estimate will proceed in accordance with the Work Schedule. Upon Tenant's ’s approval of the Work Cost Estimate (such approved Work Cost Estimate to be hereinafter known as the "Work Cost Statement"), Landlord will have the right to purchase materials and to commence the construction of the items included in the Work Cost Statement pursuant to Paragraph Section 6 hereof. If the total costs reflected in the Work Cost Statement exceed the Allowance described in Paragraph Section 5 below, Tenant agrees to pay such excess, as additional rentAdditional Rent, within five (5) business days after Tenant's ’s approval of the Work Cost Estimate. Throughout the course of construction, any differences between the estimated Work Cost in the Work Cost Statement and the actual Work Cost will be determined by Landlord and appropriate adjustments and payments by Landlord or Tenant, as the case may be, will be made within five (5) business days thereafter.

Appears in 1 contract

Samples: Office Lease (Alteryx, Inc.)

Work Cost Estimate and Statement. Prior to the commencement of -------------------------------- construction of any of the Tenant Improvements shown on the Final Plans, Landlord will submit to Tenant a written estimate of the cost to complete the Tenant Improvement Work, which written estimate will be based on the Final Plans taking into account any modifications which may be required to reflect changes in the Final Plans required by the City or County in which the Premises are located (the "Work Cost Estimate"). Landlord will use reasonable efforts to ensure it receives competitive bids for the Tenant Improvement Work. Tenant will either approve the Work Cost Estimate or disapprove specific items and submit to Landlord revisions to the Final Plans to reflect deletions of and/or substitutions for such disapproved items. Submission and approval of the Work Cost Estimate will proceed in accordance with the Work Schedule. Upon Tenant's approval of the Work Cost Estimate (such approved Work Cost Estimate to be hereinafter known as the "Work Cost Statement"), Landlord will have the right to purchase materials and to commence the construction of the items included in the Work Cost Statement pursuant to Paragraph 6 hereof. If the total costs reflected in the Work Cost Statement exceed the Allowance described in Paragraph 5 below, Tenant agrees to pay such excess, as additional rent, within five (5) business days after Tenant's approval of the Work Cost Estimate. Throughout the course of construction, any differences between the estimated Work Cost in the Work Cost Statement and the actual Work Cost will be determined by Landlord and appropriate adjustments and payments by Landlord or Tenant, as the case may be, will be made within five (5) business days thereafter.

Appears in 1 contract

Samples: Office Building Lease (High Speed Access Corp)

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Work Cost Estimate and Statement. Prior to the commencement of -------------------------------- construction of any of the Tenant Improvements shown on the Final Plans, Landlord will submit to Tenant a written estimate of the cost to complete the Tenant Improvement Work, which written estimate will be based on the Final Plans taking into account any modifications which may be required to reflect changes in the Final Plans required by the City or County in which the New Premises are is located (the "Work Cost Estimate"). Tenant will either approve the Work Cost Estimate or disapprove specific items and submit to Landlord revisions to the Final Plans to reflect deletions of and/or substitutions for such disapproved items. Submission and approval of the Work Cost Estimate will proceed in accordance with the Work Schedule. Upon Tenant's ’s approval of the Work Cost Estimate (such approved Work Cost Estimate to be hereinafter known as the "Work Cost Statement"), Landlord will have the right to purchase materials and to commence the construction of the items included in the Work Cost Statement pursuant to Paragraph Section 6 hereof. If the total costs reflected in the Work Cost Statement exceed the Allowance as described in Paragraph 5 Section 5(b) below, Tenant agrees to pay such excess, as additional rent, within five fifteen (515) business days after Tenant's ’s approval of the Work Cost EstimateEstimate or amortize such excess pursuant to Section 5(b) below. Throughout the course of construction, any differences between the estimated Work Cost in the Work Cost Statement and the actual Work Cost will be determined by Landlord and appropriate adjustments and payments by Landlord or Tenant, as the case may be, will be made within five ten (510) business days thereafter, or amortize such excess pursuant to Section 5(b) below.

Appears in 1 contract

Samples: Work Letter Agreement (Borland Software Corp)

Work Cost Estimate and Statement. Prior to the commencement of -------------------------------- construction of any of the Tenant Improvements shown on the Final Plans, Landlord Tenant will submit to Tenant obtain a written estimate of the cost to complete the Tenant Improvement Work, which written estimate will be based on competitive bidding of the Final Plans (by at least 3 subcontractors on trades exceeding $25,000 in contract value) taking into account any modifications which may be required to reflect changes in the Final Plans required by the City or County in which the Premises are located (the "Work Cost Estimate"). Landlord and Tenant will either approve the Work Cost Estimate or disapprove specific items and submit in which event Tenant will cause its Architect to Landlord revisions to revise the Final Plans to reflect deletions of and/or substitutions for such disapproved items. Submission and Upon approval of the Work Cost Estimate will proceed in accordance with the Work Schedule. Upon Tenant's approval of the Work Cost Estimate by Landlord and Tenant (such approved Work Cost Estimate to be hereinafter known as the "Work Cost Statement"), Landlord will have the right to purchase materials and Tenant shall cause its contractor to commence the construction of the items included in the Work Cost Statement pursuant to Paragraph 6 hereof. If the total costs reflected in the Work Cost Statement exceed the Allowance described in Paragraph 5 below, such excess shall be paid by Tenant agrees to pay such excess, as additional rent, within five (5) business days after Tenanton a pro-rata basis concurrently with Landlord's approval disbursement of the Work Cost EstimateAllowance. Throughout the course of construction, any differences between the estimated Work Cost in the Work Cost Statement and the actual Work Cost will be reasonably determined by Landlord and Tenant and appropriate adjustments and payments by Landlord or Tenant, as the case may be, will be made within five (5) business days promptly thereafter.

Appears in 1 contract

Samples: Office Building Lease (Maxwell Technologies Inc)

Work Cost Estimate and Statement. Prior to the commencement of -------------------------------- construction of any of the Tenant Improvements shown on the Final Plans, Landlord will submit to Tenant a written estimate of the cost (the “Work Cost”) to complete the Tenant Improvement Work, which written estimate will be based on the Final Plans taking into account any modifications which may be required to reflect changes in the Final Plans required by the City or County in which the New Premises are located (the "Work Cost Estimate"). Tenant will either approve the Work Cost Estimate or disapprove specific items and submit to Landlord revisions to the Final Plans to reflect deletions of and/or substitutions for such disapproved items. Submission and approval of the Work Cost Estimate will proceed in accordance with the Work Schedule. Upon Tenant's ’s approval of the Work Cost Estimate (such approved Work Cost Estimate to be hereinafter known as the "Work Cost Statement"), Landlord will have the right to purchase materials and to commence the construction of the items included in the Work Cost Statement pursuant to Paragraph Section 6 hereof. If the total costs reflected in the Work Cost Statement exceed the Allowance and Additional Allowance described in Paragraph Section 5 below, Tenant agrees to pay such excess, as additional rentAdditional Rent, within five (5) business days after Tenant's ’s approval of the Work Cost Estimate. Throughout the course of construction, any differences between the estimated Work Cost in the Work Cost Statement and the actual Work Cost will be determined by Landlord and appropriate adjustments and payments by Landlord or Tenant, as the case may be, will be made within five (5) business days thereafter.

Appears in 1 contract

Samples: Lease (Adamas Pharmaceuticals Inc)

Work Cost Estimate and Statement. Prior to the commencement of -------------------------------- construction of any of the Tenant Improvements shown on the Final Plans, Landlord will submit to Tenant a written estimate of the cost (the “Work Cost”) to complete the Tenant Improvement Work, which written estimate will be based on the Final Plans taking into account any modifications which may be required to reflect changes in the Final Plans required by the City or County in which the New Premises are located (the "Work Cost Estimate"). Tenant will either approve the Work Cost Estimate or disapprove specific items and submit to Landlord revisions to the Final Plans to reflect deletions of and/or substitutions for such disapproved items. Submission and approval of the Work Cost Estimate will proceed in accordance with the Work Schedule. Upon Tenant's ’s approval of the Work Cost Estimate (such approved Work Cost Estimate to be hereinafter known as the "Work Cost Statement"), Landlord will have the right to purchase materials and to commence the construction of the items included in the Work Cost Statement pursuant to Paragraph Section 6 hereof. If the total costs reflected in the Work Cost Statement exceed the Allowance described in Paragraph Section 5 below, Tenant Txxxxx agrees to pay such excess, as additional rentAdditional Rent, within five (5) business days after Tenant's ’s approval of the Work Cost Estimate. Throughout the course of construction, any differences between the estimated Work Cost in the Work Cost Statement and the actual Work Cost will be determined by Landlord and appropriate adjustments and payments by Landlord or Tenant, as the case may be, will be made within five (5) business days thereafter.

Appears in 1 contract

Samples: Lease Agreement (Everbridge, Inc.)

Work Cost Estimate and Statement. Prior to the commencement of -------------------------------- construction of any of the Tenant Improvements shown on the Final Plans, Landlord will submit to Tenant a written estimate of the cost to complete the Tenant Improvement Work, which written estimate will be based on the Final Plans taking into account any modifications which may be required to reflect changes in the Final Plans required by the City or County in which the Premises are located (the "Work Cost Estimate"). Tenant will either approve the Work Cost Estimate or disapprove specific items and submit to Landlord revisions to the Final Plans to reflect deletions of and/or substitutions for such disapproved items. Submission and approval of the Work Cost Estimate will proceed in accordance with the Work Schedule. Upon Tenant's approval of the Work Cost Estimate (such approved Work Cost Estimate to be hereinafter known as the "Work Cost Statement"), Landlord will have the right to purchase materials and to commence the construction of the items included in the Work Cost Statement pursuant to Paragraph 6 hereof. If the total costs reflected in the Work Cost Statement exceed the Allowance described in Paragraph 5 below, Tenant agrees to pay such excess, as additional rent, within five (5) business days after Tenant's approval of the Work Cost Estimate. Throughout the course of construction, any differences between the estimated Work Cost in the Work Cost Statement and the actual Work Cost will be determined by Landlord and appropriate adjustments and payments by Landlord or Tenant, as the case may be, will be made within five (5) business days thereafter.

Appears in 1 contract

Samples: Work Letter Agreement (Thinka Weight Loss Corp)

Work Cost Estimate and Statement. Prior to the commencement of -------------------------------- construction of any of the Tenant Improvements shown on the Final Plans, Landlord will submit to Tenant a written estimate of the cost to complete the Tenant Improvement Work, which written estimate will be based on the Final Plans taking into account any modifications which may be required to reflect changes in the Final Plans required by the City or County in which the Premises are located (the "Work Cost Estimate"). Tenant will either approve the Work Cost Estimate or disapprove specific items and submit to Landlord revisions to the Final Plans to reflect deletions of and/or substitutions for such disapproved items. Submission and approval of the Work Cost Estimate will proceed in accordance with the Work Schedule. Upon Tenant's approval of the Work Cost Estimate (such approved Work Cost Estimate to be hereinafter known as the "Work Cost Statement"), Landlord will have the right to purchase materials and to commence the construction of the items included in the Work Cost Statement pursuant to Paragraph 6 hereof. If the total costs reflected in the Work Cost Statement exceed the Allowance described in Paragraph 5 below, Tenant agrees to pay such excess, as additional rent, within five (5) business days after Tenant's approval of the Work Cost Estimate. Throughout the course of construction, EXHIBIT "C" -2- any differences between the estimated Work Cost in the Work Cost Statement and the actual Work Cost will be determined by Landlord and appropriate adjustments and payments by Landlord or Tenant, as the case may be, will be made within five (5) business days thereafter.

Appears in 1 contract

Samples: Office Building Lease (Netsol International Inc)

Work Cost Estimate and Statement. Landlord shall select the general contractor for the Tenant Improvements. Prior to the commencement of -------------------------------- construction of any of the Tenant Improvements shown on the Final Plans, Landlord will submit to Tenant a written estimate of the cost (the “Work Cost”) to complete the Tenant Improvement WorkImprovements, which written estimate will be based on the Final Plans taking into account any modifications which may be required to reflect changes in the Final Plans required by the City or County in which the Premises are located (the "Work Cost Estimate"). Tenant will either approve the Work Cost Estimate or disapprove specific items and submit to Landlord revisions to the Final Plans to reflect deletions of and/or substitutions for such disapproved items. Submission and approval of the Work Cost Estimate will proceed in accordance with the Work Schedule. Upon Tenant's ’s approval of the Work Cost Estimate (such approved Work Cost Estimate to be hereinafter known as the "Work Cost Statement"), Landlord will have the right to purchase materials and to commence the construction of the items included in the Work Cost Statement pursuant to Paragraph 6 hereofStatement. If the total costs reflected in the Work Cost Statement exceed the Allowance described in Paragraph 5 belowTenant Improvement Allowance, Tenant agrees to pay such excess, as additional rentAdditional Rent, (a) fifty percent (50%) within five (5) business days after Tenant's ’s approval of the Work Cost EstimateEstimate and the remaining fifty percent (50%) upon substantial completion of the Tenant Improvements. Throughout If, after the course of construction, any differences between the estimated Work Cost in Final Plans have been prepared and the Work Cost Statement and the actual Work Cost will has been established, Tenant requires any changes or substitutions to Final Plans, any additional costs related thereto are to be determined paid by Tenant to Landlord and appropriate adjustments and payments by Landlord or Tenant, as the case may be, will be made within five (5) business days thereafterafter invoice therefor. Any changes to the Final Plans requires Landlord’s prior written approval, which approval shall not be unreasonably withheld. Changes to the Final Plans will, if necessary, require the Work Cost Statement to be revised and agreed upon between Landlord and Tenant and paid as provided for above.

Appears in 1 contract

Samples: Agreement of Lease (Medallion Financial Corp)

Work Cost Estimate and Statement. The parties acknowledge and agree that the fixed fees of the general contractor plus the fixed general conditions costs and the change order fees of the general contractor and subcontractor markup on materials shall be as stated in the Construction Contract (as defined below), but shall be subject to adjustment as expressly provided in the Construction Contract. Prior to the commencement of -------------------------------- construction of any of the Tenant Improvements shown on the Final PlansPlans that is to be performed by a subcontractor (as defined in the Construction Contract), Landlord will submit to Tenant a written estimate of the cost to complete the applicable portion of the Tenant Improvement WorkWork to be performed by such subcontractor (each, which written estimate will be based on the Final Plans taking into account any modifications which may be required to reflect changes in the Final Plans required by the City or County in which the Premises are located (the a "Work Cost Estimate"). Tenant will either approve the applicable Work Cost Estimate or disapprove specific items and submit to Landlord revisions to the Final Plans to reflect deletions of and/or substitutions for such disapproved items. Submission and approval of the each Work Cost Estimate will proceed in accordance with the Work ScheduleSchedule but in any event within two (2) business days after delivery to Tenant. Tenant's failure to either approve or disapprove of any applicable Work Cost Estimate will be deemed to be Tenant's approval thereof. Upon Tenant's approval of the applicable Work Cost Estimate (such approved Work Cost Estimate to be hereinafter known as the a "Work Cost Statement"), Landlord will have the right to purchase materials and to commence the construction of the items included in the applicable Work Cost Statement pursuant to Paragraph 6 Section 7 hereof. If the total costs reflected in the Work Cost Statement exceed the Allowance described in Paragraph 5 below, Tenant agrees to pay such excess, as additional rent, within five (5) business days after Tenant's approval of the Work Cost Estimate. Throughout the course of construction, any differences between the estimated Work Cost in the Work Cost Statement and the actual Work Cost will be determined by Landlord and appropriate adjustments and payments by Landlord or Tenant, as the case may be, will be made within five (5) business days thereafter.

Appears in 1 contract

Samples: Antenna License Agreement (Silicon Image Inc)

Work Cost Estimate and Statement. Prior to the commencement of -------------------------------- construction of any of the Tenant Improvements shown on the Final Plans, Landlord will submit to Tenant a written estimate of the cost to complete the Tenant Improvement Work, which written estimate will be based on the Final Plans taking into account any modifications which may be required to reflect changes in the Final Plans required by the City or County in which the Premises are located (the "Work Cost Estimate"). Tenant will either approve the Work Cost Estimate or disapprove specific items and submit to Landlord revisions to the Final Plans to reflect deletions of and/or substitutions for such disapproved items. Submission and approval of the Work Cost Estimate will proceed in accordance with the Work Schedule. Upon Tenant's approval of the Work Cost Estimate (such approved Work Cost Estimate to be hereinafter known as the "Work Cost Statement"), Landlord will have the right to purchase materials and to commence the construction of the items included in the Work Cost Statement pursuant to Paragraph Paragraph. 6 hereof. If the total costs reflected in the Work Cost Statement exceed the Allowance described in Paragraph 5 below, Tenant agrees to pay such excess, as additional rent, within five (5) business days after Tenant's approval of the Work Cost Estimate. Throughout the course of construction, any differences between the estimated Work Cost in the Work Cost Statement and the actual Work Cost will be determined by Landlord and appropriate adjustments and payments by Landlord or Tenant, as the case may be, will be made within five (5) business days thereafter.

Appears in 1 contract

Samples: Letter Agreement (Ijnt Net Inc)

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